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Do not go get food after you have made it home or face a driving under the influence charge. San Diego DUI Defense Lawyer Attorney Mark Deniz explains this phenomena. Driving under the influence Escondido

On Behalf of | Oct 8, 2017 | Firm News |

It is becoming more of common phenomena.  Someone gets a ride back to their house, either by Uber or a friend.  They are home…they made it.  However, they get hungry and head down the block for food.  They find themselves in jail with unintended consequences because they wanted some food.

It is unfortunate, but it happens all the time in San Diego County.  When it does the case does have facts that need to be examined.  The prosecution must be brought to the table to give you the best results in the given situation.

Call the Law Offices of Mark Deniz to get the ball rolling at 858-751-4384.


What does it mean by driving?

People say, “I wasnt going to drive.  I was going to get some food and come back home”.  That is all the prosecution needs to move forward on their case.  The California Vehicle Code does not define “driving.” However, it does define “driver” as “a person who drives or is in actual physical control of a vehicle.” The “physical control” element of this definition seems to suggest a standard similar to “dominion and control.”

After much debate and inconsistency in California lower courts on the issue, the California Supreme Court seemed to set the standard in Mercer v. Department of Motor Vehicles. It stated, “In everyday usage the phrase ‘to drive a vehicle’ is understood as requiring evidence of volitional movement of a vehicle. Any doubt about our understanding of the word ‘drive’ is dispelled by decades of case law holding that the word ‘drive,’ when used in a drunk driving statute, requires evidence of a defendant’s volitional movement of a vehicle.” This holding, however, was limited to the context DMV license suspensions for refusals.

Although the Court has yet to set a definitive standard on the issue within the context of driving under the influence charges, case law seems suggest that many California courts are applying the standard set in Mercer v. Department of Motor Vehicles to driving under the influence charges. Thus, the standard has indirectly become: volitional movement of a vehicle, even slight, that may be proved by circumstantial evidence.  However, knowing the rule does not mean that you stop examining the case.  The key is to look at the governments case to ensure they have met their burden.


If you are home….stay home!  If you are reading this article and have a San Diego DUI case then you have to start being proactive and working on your case.

Call the Law Offices of Mark Deniz to get the ball rolling at 858-751-4384.


Hire a Proactive, affordable, and quality defense when you are facing San Diego DUI charges. Whether you have been charged of 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, 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.

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