858-429-9982 858-429-9982
  1. AVVO Top Contributor

    Congratulations Mark!
    Having earned 1,500 contributor points this year, we are pleased to present you with the Top Contributor Award.

    reviews-avvo

    Congratulations Mark!
    Having earned 1,500 contributor points this year, we are pleased to present you with the Top Contributor Award.

    The prestigious legal rating service AVVO has consistently given Law Offices of Mark Deniz a "Superb" rating.

    Mark Deniz has been a member of the California State bar for over 11 years.

  2. Mark is involved with the San Diego Bar Association serving on its legal panel.

    Due to his legal experience Mark Deniz has the privilege of serving on several attorney panels.

    Mark Deniz is a member of California DUI Lawyers Association.

    Nation's Premier | NACDA | Top Ten Ranking 2014

    Mark Deniz has been named one of The National Academy of Criminal Defense Attorneys “Top 10” Attorneys.

  3. Mark Deniz has been deemed by The Lead Counsel Rating for providing exceptional legal representation to individuals and businesses.

    The firm is a member of the better business bureau who ensures quality service for its clients.

    The National Trial Lawyers - Top 100 Trial Lawyers

    Mark Deniz has consistently been named one of the National Trial Lawyers Top 100 Trial Lawyers.

    Mark Deniz is a member of the prestigious National College for DUI defense and has completed its intensive summer session curriculum conducted at Harvard Law School.

  4. Mark Deniz has received AVVO’s prestigious Clients’ Choice award

    Proudly Serving the Community Service 2003

    Mark Deniz has proudly served as a member of the California state bar since 2003.

    Lawyer.com

    Mark Deniz has achieved Premium status for Lawyer.com which reinforces his credibility and status to the legal community.

    SAN DIEGO | Attorney | MArk L. Deniz,

    Mark Deniz won the Attorney Spotlight for January - San Diego Attorney Jornal

  5. Mark Deniz was recognized with the "Top Contributor" award by Avvo, which provides an open forum on which legal questions concerning DUI Defense and criminal law by qualified legal practitioners.

  1. AVVO Top Contributor

    Congratulations Mark!
    Having earned 1,500 contributor points this year, we are pleased to present you with the Top Contributor Award.

  2. reviews-avvo

    Congratulations Mark!
    Having earned 1,500 contributor points this year, we are pleased to present you with the Top Contributor Award.

  3. The prestigious legal rating service AVVO has consistently given Law Offices of Mark Deniz a "Superb" rating.

  4. Mark Deniz has been a member of the California State bar for over 11 years.

  5. Mark is involved with the San Diego Bar Association serving on its legal panel.

  6. Due to his legal experience Mark Deniz has the privilege of serving on several attorney panels.

  7. Mark Deniz is a top contributor on Avvo providing outstanding legal advice. Mark Deniz also serves on the Avvo Legal Panel. The only San Diego Criminal Defense attorney who is on the panel.

  8. Mark Deniz is a member of California DUI Lawyers Association.

  9. Nation's Premier | NACDA | Top Ten Ranking 2014

    Mark Deniz has been named one of The National Academy of Criminal Defense Attorneys “Top 10” Attorneys.

  10. Mark Deniz has been deemed by The Lead Counsel Rating for providing exceptional legal representation to individuals and businesses.

  11. The firm is a member of the better business bureau who ensures quality service for its clients.

  12. The National Trial Lawyers - Top 100 Trial Lawyers

    Mark Deniz has consistently been named one of the National Trial Lawyers Top 100 Trial Lawyers.

  13. Mark Deniz is a member of the prestigious National College for DUI defense and has completed its intensive summer session curriculum conducted at Harvard Law School.

  14. Mark Deniz has received AVVO’s prestigious Clients’ Choice award

  15. Mark Deniz is a top contributor on Avvo providing outstanding legal advice. Mark Deniz also serves on the Avvo Legal Panel. The only San Diego Criminal Defense attorney who is on the panel.

  16. Proudly Serving the Community Service 2003

    Mark Deniz has proudly served as a member of the California state bar since 2003.

  17. Lawyer.com

    Mark Deniz has achieved Premium status for Lawyer.com which reinforces his credibility and status to the legal community.

  18. Mark Deniz was recognized with the "Top Contributor" award by Avvo, which provides an open forum on which legal questions concerning DUI Defense and criminal law by qualified legal practitioners.

  19. SAN DIEGO | Attorney | MArk L. Deniz,

    Mark Deniz won the Attorney Spotlight for January - San Diego Attorney Jornal

Real Estate License and San Diego DUIs. WILL A DUI STOP ME FROM BECOMING A REALTOR? How does a San Diego DUI conviction affect a real estate agent? San Diego DUI Lawyer explains what can happen with a driving under the influence charge.

I finished up a case yesterday where my client was looking at losing his real estate license.  The prosecutor asked me to supply them information on how the charge would impact my client's career.  After supplying a healthy dose of information and with a good understanding of our defense, we were able to favorably resolve the case without my client having an issue with his real estate license.  This situation can be for any criminal defense, but for this article, I am focusing more on the impact that a DUI might have with the real estate license. If you're a real estate agent, an attorney knowledgeable and experienced in the DUI and alcohol-related field is paramount to your future profession. Call now (858) 751-4384.

 From commercial real estate agents in La Jolla to a mom and pop operation in Spring Valley, real estate is a key profession here in San Diego. My family has several close friends that are real estate agents (a shout out to Carlsbad and Encinitas).  San Diego has one of the highest housing prices in the nation.  

We took a look at the current housing market, and we found that a modest 2-bedroom townhome in San Diego costs around $565,000. Meanwhile, a 4 bedroom, 4,000 square foot home in certain parts of San Diego runs about $2 million. Understandably, San Diego is a desirable place to be if you want a career in real estate.  Real estate commission is usually 6%, which is split between the selling and buying agent, and then each agent splits their 3% share with their broker. Even still, 1.5% of $1 million is $15,000 for one commission.  I may be n the wrong profession.  

 If you're studying for your real estate salesperson license and you get arrested for a San Diego DUI can you lose your license or be denied on an application?

Conviction of a Crime Can Lead to Denial

The California Department of Real Estate licensing requires applicants to disclose all criminal convictions and any pending criminal matters. The department then reviews each act individually and determines whether or not to issue the real estate license. If the applicant is rejected, the person does have the right to a hearing to offer evidence and arguments as to why the license should be issued. Regulations 2910 and 2911 list some of the factors the Department considers in its analysis.

According to the Department of Consumer Affairs Bureau of Real Estate, you must be 18 or older to receive a license, and you must be 100% honest and truthful.

If you are convicted of a crime, you may be denied a license. Going further, if you fail to disclose any criminal offense in your history, your license can be denied.

On the page, Applicant Eligibility Information, the Bureau of Real Estate says, "All criminal convictions and pending criminal charges must be disclosed on the license application." So, the agency makes it abundantly clear that applicants have to disclose their criminal convictions, including both misdemeanors and felonies.

Will a DUI conviction automatically lead to a denial of a real estate salesperson's license in San Diego? It really depends on the circumstances of the case. The answer is that "it can," but it's not for sure. Since real estate agents drive buyers around to look at homes, a recent DUI can be a deal breaker licensing-wise.

If you are planning on a career in real estate and you're facing San Diego DUI charges, the best thing for you to do is contact the Law Offices of Mark Deniz APLC. and fight your charges. If you're a real estate agent, an attorney knowledgeable and experienced in the DUI and alcohol-related field is paramount to your future profession. Call now (858) 751-4384.

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More About Real Estate Licenses and San Diego County DUI

From commercial real estate agents in La Jolla to a mom and pop operation in Spring Valley, real estate is a key profession here in San Diego. My family has several close friends that are real estate agents (a shout out to Carlsbad and Encinitas). Here is how a San Diego DUI can affect a real estate agent.

The California Department of Real Estate licensing requires applicants to disclose all criminal convictions and any pending criminal matters. The department then reviews each act individually and determines whether or not to issue the real estate license. If the applicant is rejected, the person does have the right to a hearing to offer evidence and arguments as to why the license should be issued. Regulations 2910 and 2911 list some of the factors the Department considers in its analysis.

Driving under the influence (DUI) and alcohol-related offenses are listed in the regulations as factors the Department of Real Estate may consider. It is important to note that a San Diego DUI and a second alcohol-related offense are given serious scrutiny. Regardless, if the second arrest or pending case is for another San Diego DUI, drunk in public, disorderly conduct or a probation violation, the real estate licensing board may deny the renewal or real estate application just based on the second alcohol-related occurrence.

If you're a real estate agent, an attorney knowledgeable and experienced in the DUI and alcohol-related field is paramount to your future profession. Call now (858) 751-4384. All of the elements of the San Diego DUI investigation and arrest must be analyzed to defend against a conviction. This includes looking at the facts behind:

  • the reasonable suspicion the officer used to stop your vehicle
  • the officer's observations upon contact and whether they were able to ask you out of the vehicle.
  • the field sobriety tests
  • the probable cause for the arrest
  • the chemical testing whether it by breath, blood or both

It is not enough to simply read the police report to determine if the required factors for a DUI conviction exist, as the police will list those necessary factors in the report. However, by requesting the necessary discovery from the prosecution and by using the subpoena process to obtain the evidence, the police report will either be substantiated or defenses will be found. You need a San Diego real estate agent DUI attorney that knows what to ask for and what to look at, to take advantage of a Diego DUI defense arguments and provide you with the best defense.

Even More on San Diego driving under the influence and Real Estate

How will a DUI affect my real estate license in California?

The California Bureau of Real Estate (BRE, formerly called the 'DRE' for 'Department of Real Estate') regulates the issuance of Real Estate Broker and Salesperson licenses. These licenses are needed for various professions in the real estate field, such as real estate agent, professional property manager or mortgage sales. The BRE's primary task is one of consumer protection: to ensure that people (consumers) hiring real estate agents and brokers are treated with competence and in a professional manner.

Making sure a real estate agent or broker carries out their tasks with competence and professionalism means the BRE looks out for warning flags that an agent or broker may have a problem.

DUI's can mean substance abuse/alcohol problems:

Gambling, financial problems, criminal dealings involving fraud or dishonesty are issues that the BRE looks for and will deny or revoke a real estate license if they are found. This is to ensure real estate professionals with serious criminal issues do not harm the public in real estate transactions.

A real estate license holder with a DUI or multiple DUI's could have a substance abuse or alcohol problem. Because of this, the BRE will look closely at a license holder or applicant with a DUI or multiple DUI convictions. Again, the reason for this is the BRE wants to ensure agents and brokers do not have these problem areas in their professional lives so that the real estate consumers are better protected.

So what does a San Diego DUI have to do with a real estate license?

The California BRE gets its authority from of statutes: the main rules governing how the BRE carries out its consumer protection. The two main sources for laws governing the BRE are the California Government Code and the Business and Professions Code.

Under Business and Professions Code 10177 , the Bureau of Real Estate can suspend or revoke a license holder's license if they:

"Entered a plea of guilty or nolo contendre or been found guilty or been convicted of a felony or a crime substantially related to the qualifications, functions or duties of a real estate licensee."

Based on a plain language reading of this, it is clear that all felonies are fair game for the BRE to look at and use as a justification to suspend someone's BRE license. Again, looking at the language of the statute, other crimes (non-felonies) that are "substantially related" to the carrying out of a license holder's duties are fair game for the BRE.

Does a San Diego DUI count as a crime substantially related to the qualifications, functions, and duties of a real estate license holder?

A San Diego DUI conviction can be found to be substantially related to the license holder's duties/functions if it shows an underlying substance abuse problem.

When dealing with administrative bodies, such as the BRE, government agencies that regulate similar conduct have found these types of DUI situations to be indicative of a substance abuse problem. The more variables or "aggravating" factors in a case, the more likely the BRE will be concerned someone has a substance abuse problem. Where there are real substance abuse issues, the BRE is more likely to take action.

If you have a San Diego DUI arrest in your past, or multiple DUI arrests and you have questions about how that will affect your real estate license, call an attorney who is an experienced lawyer who regularly deals with these license issues and sees how you can learn more about how to effectively deal with your situation.

Hire a Proactive, affordable, and quality defense when you are facing San Diego DUI charges. Whether you have been charged with a San Diego DUI, Poway DUI, La Mesa DUI, Santee DUI, Mission Valley DUI, Clairemont DUI, Point Loma DUI, La Jolla DUI, Carmel Valley DUI, Mira Mesa DUI, Pacific Beach DUI, Del Mar DUI, Carmel Valley DUI, Encinitas DUI, Oceanside DUI, Ocean Beach DUI, Escondido DUI, Vista DUI, San Marcos DUI, Carlsbad DUI, El Cajon DUI it is vital you need to hire an attorney who knows how to defend your rights and can determine if the government can prove their case. Contact the Law Office of Mark Deniz now for a free case evaluation at (858) 751-4384 or send an email to [email protected]

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