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  • I was facing my third DUI in four years. I was sure I was going to jail for a long time. I hired Jon and he found flaws in the police conduct that led to the case being dismissed. He saved my job, my family and almost my life
  • Terry Allen is one of the best trial attorneys I have every met. I used to go watch him in the courtroom when I was a young lawyer to learn how to speak to a jury. He is a fierce advocate for justice, and he is a class act as a person!

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Latest Posts

Celebrity Spouse Charged in Encinitas DUI
Richard Dreyfuss has had his problems with substance abuse. According to the Oscar-winning actor, he cleaned up his act long ago, after, he says, he blacked out behind the wheel and wrapped his car ar...
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NFL Viewed as Soft on Domestic Violence
The disciplinary policies of the National Football League have been the subject of much controversy lately. Seemingly, the penalties imposed by the league for everything from drug use to DUI are appar...
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La Jolla Restaurant Bookkeeper Convicted of Embezzling Millions
When we hear or read news stories about crimes being committed, the stories, more often than not, concern street crimes – assaults, drug possession and sale, and violent crimes ranging from sex offens...
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Recent blog posts

Svetlana Dreyfuss duiRichard Dreyfuss has had his problems with substance abuse. According to the Oscar-winning actor, he cleaned up his act long ago, after, he says, he blacked out behind the wheel and wrapped his car around a tree. He’s reportedly been sober ever since, a period of more than thirty years. We’d say that’s pretty commendable, and you’d think, wouldn’t you, that his troubles with this type of thing were over. Well . . . not quite.

Back in June, Dreyfuss’ wife Svetlana was arrested in San Diego County and charged with driving under the influence and hit and run. Police say that Mrs. Dreyfuss was driving her car in Encinitas when she crashed into a wooden fence. In the process, they state, she severed a high pressure water line, then fled the scene. A short distance away, sheriff’s deputies say they caught up with the vehicle, and ultimately arrested her on the charges. She claims that she passed the field sobriety tests that were given to her, and that she had only a single glass of wine. Nevertheless, the arrest was apparently made, although additional details have not been released.

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ray rice domestic violenceThe disciplinary policies of the National Football League have been the subject of much controversy lately. Seemingly, the penalties imposed by the league for everything from drug use to DUI are apparently not the same for all players. But perhaps the most interesting issue – the one that’s now in the news – involves the relative severity of the punishment for certain league offenses. Specifically, at issue is the penalty for a domestic violence incident involving Ray Rice and his fiancée during the off-season.

We understand that the incident did not lead to a criminal conviction (mutual charges of aggravated assault were dropped), but the facts surrounding the case do not appear to be in dispute. The couple had an altercation in an elevator, and Rice struck the woman hard enough to render her unconscious. A surveillance video shows him dragging her out of the elevator.

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tara-moore embezzlementWhen we hear or read news stories about crimes being committed, the stories, more often than not, concern street crimes – assaults, drug possession and sale, and violent crimes ranging from sex offenses to murder. Less often, the reports concern white collar crimes, but a recent story shows how significant a crime of that nature can be.

The scene was Jack’s La Jolla, at one time a popular barbeque/fast food restaurant on Girard Avenue. The players included Tara Moore, a married mother of two, who served as the bookkeeper for the restaurant, and her employer. Ms. Moore, police said, abused her position by writing unauthorized checks payable to herself from the restaurant’s bank accounts. Prosecutors alleged that the woman embezzled (that’s the white collar version of “stole”) more than $3 million dollars from the owner of the eatery, ultimately causing the place to go bankrupt several years ago.

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Jason palmer hit-and-runIt wasn’t your average car accident. It wasn’t even an average DUI case, to the extent there is such a thing.

Our starting point is, not surprisingly, drinking and driving, although the details of the events leading up to the accident are a bit sketchy. In any event, it was around 3:45 a.m. when the defendant, Jason Palmer, got behind the wheel of a borrowed SUV. That’s when the trouble began. What happened, according to police reports, is that Palmer, for reasons unknown, swerved in his vehicle, running up on a sidewalk, and striking a pedestrian, a 20-year old man who was walking home from work. The man was killed, and Palmer allegedly fled from the scene.

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san diego dui checkpoint defenseSobriety checkpoints have become commonplace in San Diego and in most areas of California and the rest of the country. We see them most often during holiday times (New Year’s Eve, St. Patrick’s Day, Memorial Day, etc.), but they are regular fixtures at any time of the year. Things have gotten to the point where there are websites that purport to give you advance notice of checkpoint locations. And of course, there are apps that provide you with alerts on the subject. However you look at it, get used to having DUI checkpoints around; they’ll be part of the landscape for the foreseeable future.

The odd thing about these checkpoints is that even assuming they are set up and operated within constitutional guidelines, there appears to be no fixed pattern as to the number of arrests made over any given time period, or how many arrests are made for every number of cars that go through the checkpoint. The following is a recent example of what we mean.

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marijuana dui californiaUnder the California Vehicle Code, a DUI charge can be based upon one of several different factual scenarios. They include driving while under the influence of alcohol drugs, or a combination of the two; driving with a BAC of 0.08 or more (0.04 or more in the case of a commercial motor vehicle); and driving while addicted to drugs.

A recent bill introduced in the California legislature would have made a substantial change in the law as it relates to marijuana, and would have affected the driving status of many thousands of people, including those using marijuana legally under the Medical Marijuana Act. AB 2500, as originally drafted, would have made it a crime to drive a vehicle if the driver’s blood contained “any detectable amount” of marijuana, including delta-9-tetrahydrocannabinol. Delta-9-THC, as it is known, is the principal psychoactive constituent of the cannabis plant. The problem with the bill, according to many, was that the substance might remain in the body for days, weeks, or even months, in trace amounts, yet have no effect on a person’s mental or physical abilities. Had the California bill been approved, it would have led to some anomalous results, including effectively prohibiting those who are legally entitled to use marijuana from driving a vehicle.

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women dui californiaThe number of men arrested for DUI is significantly higher, as a general rule, than the number of women charged with the offense. In a curious twist, however, it now appears that the number of women charged with driving under the influence is on the rise in California. At the same time, the number men arrested for drunk and drugged driving, although still higher than the number of women, is showing a decline. The statistics come from the Annual Report of the California DUI Management Information System. Similar numbers, applicable to the country as a whole, have been reported by the FBI.

Another interesting aspect of the California report is that is shows a marked increase in the number of arrests of women who were over 50 years old.

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san diego bike duiThat’s the word used in a headline describing a recent collision in San Diego’s North Park neighborhood. CBS8 reported that a man crashed his bicycle into a car at the intersection of Arizona Street and Meade Avenue. The bike rider was injured, and the story goes on to state that the man ran a stop sign and was hospitalized. It was expected that a blood sample would be taken to measure his blood alcohol content.

But the aspect of the case that caught our attention was the headline, which described the biker as a “DUI suspect.” This sounds like a misnomer, perhaps the result of a headline editor who doesn’t necessarily have in depth knowledge of the content of the article. Here’s what we’re talking about.

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san diego dui accidentDriving under the influence (DUI) penalties are severe, and the charges, as well as the potential consequences, can mount depending upon the particular circumstances of each case.

An example of how a potential drunk driving case can spin out of control was reported several weeks ago. In the final days of March, an accident occurred near the corner of Camino Del Mar and Coast Boulevard. A woman and her friend were crossing the street at the crosswalk, when a vehicle approached and struck one of the pedestrians. The injured woman, a PhD student at the University of California at San Diego, was taken to the hospital, where she died several hours later.

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california prison realignmentCalifornia's controversial AB 109 released thousands of "criminals" from jail early. Some law enforcement agencies have blamed this law for an upturn in crime levels in some counties. However, other counties are reporting that crime rates are down. According to one report, there is not enough evidence to connect California's prison realignment efforts with increased levels of criminal activity.

The report, issued by the Center on Juvenile and Criminal Justice and supported by the California Department of Corrections and Rehabilitation, points out that crime rates are always rising and falling and that it is impossible to draw a correlation between AB 109 and rising crime rates in some areas.

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rancho feeding corpA federal criminal investigation has now been launched into the Petaluma-based slaughterhouse that recently recalled more than 8.7 million pounds of beef. The U.S. Attorney's office is now investigating Rancho Feeding Corporation, according to the U.S. Secretary of Agriculture. While no details have been released, sources close to the investigation describe the alleged misconduct as "grave."

The United States Department of Agriculture has accused Rancho of processing diseased and unhealthy animals and attempting to circumvent federal inspections. These shortcuts allegedly led to a recall that affected millions of U.S. consumers, as much of this beef was sold at Wal-Mart and used in convenience food products such as Hot Pockets.

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christopher haysThe problems plaguing the San Diego Police Department continue to mount as yet another officer is under investigation for sexual misconduct, according to police sources. The officer has been placed on suspension with pay after a woman accused him of touching her inappropriately during a prison transport nearly a year ago.

The woman at first identified the wrong officer, but it was determined that Christopher Hays, the officer she pointed out, had been nowhere near her at the time of the incident. The woman then amended her complaint to name a different officer after internal affairs investigators identified the man who transported her.

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san diego meth chargesIn an incredibly wide-reaching sweep of indictments, the United States Attorney's Office in San Diego announced that 45 people have been charged with gun and methamphetamine crimes. The trafficking is said to have reached as far away as Guam and Hawaii to the west and Minnesota to the east.

These charges stem from an investigation that spanned more than a year and involved six San Diego street gangs, including the Linda Visa Crips, the Logan Heights Calle Treinta and the Oriental Killer Boys. U.S. Attorney Laura Duffy said that most of the meth that was allegedly sold by the groups came into the country from Mexico and was unusually pure.

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Kristen Rose SmithA baby is back safe and sound with his mother after a frightening incident in which his aunt allegedly kidnapped him and took him to Iowa. However, closer investigation into the kidnapping reveals that the aunt may have suffered from some type of serious mental condition in which she imagined the baby was actually hers.

The saga began in Madison, Wisconsin, where the mother of the child was staying in a home after giving birth just five days earlier. With her was her half-sister, known as Kirstin R. Smith of Denver, 32. However, the woman was apparently also wanted on charges elsewhere under the name Kristen L. Pearson.

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san diego police departmentA recent investigation revealed that a series of sexually suggestive posters hung in the San Diego Police Department’s building for the sex crimes unit as recently as 2011. This revelation comes at a time when Officer Anthony Arevalos has been charged with patrolling the streets and demanding sex from women in exchange for not writing tickets. Another police officer is also under investigation for sexual assault.

The posters are sexual in nature and some of them trivialize date rape or other violent sex acts. All of the posters have some type of connection to binge drinking, sexual activity or the female anatomy.

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covered california criminal backgroundDozens of Covered California sign-up counselors have been shown to have criminal backgrounds, according to a recent report. The revelation that 31 of the 4,000 state insurance counselors have forgery, burglary and other offenses has upset some legislators and others who are concerned about these workers having access to the private records of those trying to sign up for health care insurance.

Criminal Past: A Barrier To Employment?

Many people are surprised to learn that there is little to no law that makes it illegal to hire someone due to a criminal background. However, many agencies and companies have policies against hiring people who have been convicted of certain crimes.

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criminal votingSeveral groups representing prisoners whose voting and civil rights are allegedly being violated have filed suit against California’s Secretary of State Debra Bowen. In 2011, Bowen made the controversial decision that tens of thousands of convicted criminals who are serving sentences through community supervision are ineligible to vote.

On behalf of nearly 60,000 convicted criminals, the ACLU, the League of Women Voters, the Lawyers’ Committee for Civil Rights and other organizations filed a lawsuit in Alameda County Superior Court challenging Bowen’s decision. The lawsuit is the second to stem from the ruling after the “realignment law” released thousands of convicts early from county jails.

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marc chaseMarc Chase, owner of Symbolic Motor Cars on La Jolla Boulevard, has been implicated in a campaign finance scandal that threatens to rock the core of San Diego’s legal and political world, according to recent reports. Now, Chase has retained a defense attorney to represent him in charges arising from the scandal, although he has not been charged at present.

Chase may be caught up in the scandal in which billionaire Mexican businessman Jose Susumo Azano has been accused of funneling half a million dollars from foreign contributors into local political campaigns. Included in the possible scandal are a former San Diego detective and a City Hall lobbyist.

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what to do when under arrestBeing arrested can be a frightening and upsetting experience, but knowing what to do can help you manage the crisis and achieve a positive outcome. According to the criminal defense attorneys at Golden State Criminal Defense, here are some things you should do when you are arrested. Be sure to contact a criminal defense attorney immediately any time you are facing criminal charges.

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aaron devenereA man shot and killed by police officers in San Diego is believed to have a criminal history. According to reports by authorities, the man claimed to have both explosives and a gun while police were pursing him through Escondido, although police found neither item after the shootout that left the suspect dead.

The chase began when Aaron Devenere, 27, a passenger in a Toyota pickup, allegedly turned aggressive toward a police officer who stopped the truck for an expired registration. This stop took place on Aero Drive near Interstate 15. Devenere allegedly got out of the pickup and confronted the officer, who radioed for backup. The suspect then re-entered the vehicle, which sped off while the woman drove north on I-15, reaching speeds of up to 80 miles per hour. The woman was said to be Devenere’s cousin. She is believed to have been forced to drive him away from the scene of the confrontation.

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violent crimeWhile it is never a good thing to be charged with any crime, there are some crimes that are preferable to others from a defense standpoint. When it comes to defending yourself against a criminal charge, it is almost always better to be charged with a non-violent crime than a violent one. There are several reasons for this, but the important thing to know is that it may be possible to have a violent charge dropped to a non-violent one with the right defense approach. Golden State Criminal Defense attorneys in San Diego may be able to help you arrange a plea agreement to a lesser charge; in some cases, that could mean shifting from a violent crime to one that is classified as non-violent.

Violent Crime Statistics

Violent crimes are classified as any that involve physical or emotional harm to another person. According to the Federal Bureau of Investigation, violent crimes are classified as follows:

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max wadeA California teen who was charged with multiple crimes including attempted murder was sentenced to life plus 21 years recently after a string of incredible crimes committed when he was only 16 years old. Under California Law, Max Wade, now 19, was charged as an adult for a series of crimes that including stealing a Lamborghini convertible belonging to television chef Guy Fieri.

Crime Spree Begins at Young Age

At the age of 16, Wade began his string of offenses when he rappelled into a San Francisco auto dealership and made off with a $200,000 convertible belonging to the host of several television cooking shows. He allegedly stored the vehicle in a facility in Richmond where police discovered it several years later while investigating a drive-by shooting.

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north county transit departmentIn an unusual dual arrest, law enforcement officials took two people into custody in Oceanside after three separate vehicles struck a bus.

The collision occurred on State Road 76 and Airport Road when one vehicle struck a North County transit bus. Almost immediately, two more vehicles struck the first vehicle, and a man who exited his car was struck by a passing car. The chain reaction sent at least three people to hospitals by ambulance while a fourth was airlifted to a local medical center with serious injuries.

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new gun laws constitutionLast month, several new laws regarding private ownership of firearms took effect in California. Those who violate these laws risk criminal charges and penalties. However, challenges to the constitutionality of many of these laws are still working their way through the court systems, so the battle over these new gun laws is by no means over. If you find yourself fighting a gun charge, contact Golden State Legal immediately for help and advice.

What Do The New Gun Laws Say?

The newest gun laws include provisions that state the following:

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dui checkpoint legal standingYou may have heard that the police must have “probable cause” to make an arrest or even to pull someone over for a traffic violation. If this is the case, how can the police conduct DUI checkpoints where they check every car and driver that passes through, even if the driver has committed no offense? A recent interview with a Thomas Jefferson School of Law professor raises interesting questions about the practice of DUI checkpoints. How did they begin, and what is their current legal standing?

Michigan v. Sitz: The Case That Changed It All

Up until 1990, DUI checkpoints had been routinely challenged in the courts. For the most part, judges upheld the right of police to conduct DUI checkpoints, but a case finally made its way to the U.S. Supreme Court. The highest court in the land finally gave a definitive response: for the public good and to get drunk drivers off the road, police were allowed to use checkpoints to identify drunk drivers.

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mr checkpoint appAbout 10,000 people downloaded the app entitled “Mr. Checkpoint” on New Year’s Eve, according to recent reports. Not only does creator Sennet Devermont claim that the app will prevent more drunk driving than the police, but he is also suing the City of San Diego over the controversial program.

Claiming more than 100,000 downloads in the last three months, Devermont, 26, says the app connects with his age group through social media and serves a better purpose than many other programs aimed at reducing drunk driving.

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dui civil liabilitiesWhile it is very important for those accused of DUI to have access to strong legal representation for their criminal cases, the criminal charges may not be the end of the story for someone who has caused an accident with injuries while driving drunk. In fact, if the victims or their families decide to sue the driver, the penalties for the criminal charges may pale in comparison to the civil liability cost of the incident.

An example of a case in which a driver is facing very serious criminal and possible civil penalties is that of a motorist arrested on suspicion of drunk driving after allegedly causing a multicar accident that killed three people and injured another five.

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cindy garciaWhile people disagree on the merit of “rehabilitation” through incarceration, another argument is also hotly debated: are those who have broken the barrier of committing a violent crime more likely to repeat the action in the future? This seems to be the case for 19-year-old Cindy Garcia, who is now facing charges of assault for her role in planning an attack on a deputy while she was incarcerated and awaiting trial on other violent crime charges.

The Backstory: One Young Girl’s Descent Into Violence

The Cindy Garcia story begins with her marriage to a much older man. She was allegedly involved in actions police are labeling a “crime spree” in October 2012 in which she and her husband, Philip Hernandez, performed a series of armed robberies and a carjacking, eventually culminating in the execution-style slaying of a veteran San Diego police office.

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construction equipment theftSan Diego’s newest “hot” property is not real estate. According to a recent report, it is construction site equipment, which is being stolen and resold at an alarming rate. A $20,000 backhoe which was recovered about 500 miles from the city is just one example of the type of expensive equipment being stolen from construction sites around San Diego and resold in other locations. In December, the arrest of a burglary ring was based on construction site theft cases and led to the discovery of a well-established network for moving stolen goods from these sites.

Thieves focus on items that will resell quickly such as air compressors, generators, lights, tools and vehicles. While it may seem difficult to move a backhoe so far away, the thieves have apparently worked out a system to quickly drive the vehicles from the sites and move them to distant locations for resale. Most big pieces of construction equipment now carry tracking systems, but these can be disabled or may not work properly.

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fraud corporationA San Diego contractor who bilked the government out of $3.5 million in phony cost claims has admitted its wrongdoing and has reached a settlement agreement to pay back the money, according to recent reports.

Vector Planning and Services has agreed to pay restitution to the government for at least $3.5 million that it overcharged the Defense Department in a “double billing” situation that developed under the late CEO and majority owner. The company has also agreed to implement and maintain an ethics program as part of its “plea agreement” to avoid criminal charges for company managers or owners.

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prison realignmentCould the recent passage of so-called "prison realignment" measures be the cause of an escalation in property crimes? According to a recent report, everything from cars to jewelry to electronics is being stolen at a much higher rate since the realignment program was instituted in October. Researchers believe that the federally-mandated release of prisoners is behind the 3.4 percent increase in violent crime and 15 percent increase in auto theft. However, researchers also note that overall property crime was up 7.6 percent in 2012, well before the prison realignment took effect.

Street Time for Criminals

About 18,000 offenders have been released under the prison realignment program. Researchers suggest that more policing time could cut down on many of the current crimes. Further, as the program is implemented more fully, prosecutors are losing some of the ability they had to threaten criminals with longer jail sentences. Many sentences are now capped at 180 days that were previously allowed to increase significantly as criminals reoffended.

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bob filner civil suitOne of the realities of a criminal charge is that it is often entwined with a civil lawsuit.  In the case of former San Diego Mayor Bob Filner, wrapping up the criminal case of sexual harassment is only the beginning; a civil case is waiting in the wings to deal with the damage done to the alleged victim.

So far, there are two civil actions pending against Filner, and these are expected to take at least three years to bring to a close.  Former communications director Irene McCormack Jackson is claiming $1.5 million in damages due to sexual harassment that she claims she received from Filner.  Another lawsuit by city parks manager Stacy McKenzie is expected soon.  She claims that Filner headlocked her and rubbed her breasts when the two were in a city park.

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anthony arevalosA former police officer has racked up a bill costing San Diego $2.3 million in lawsuit settlements so far due to his alleged sexual assaults of women.

Anthony Arevalos was convicted of sexual battery and other charges after he allegedly assaulted a woman in the back of his patrol car during a drunk driving arrest in 2010 as well as several other women under similar circumstances.  Identified only as Jane Roe, the woman settled with the City of San Diego for $795,000.  A total of $2.3 million has been paid out so far to women who claim to have been assaulted.  At least one more case remains to be settled.

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Sarah kruzanA sad commentary on any society is the fact that it victimizes its children.  In America, we like to believe that we protect the rights of children and for the most part, we do. However, recent revelations about the way underage sex victims have been treated in the criminal courts point to an area that is coming under great scrutiny for the unfairness of these types of criminal charges.

According to a recent article, Governor Jerry Brown has decided not to oppose parole for an inmate named Sara Kruzan.  Kruzan was convicted of first-degree murder 19 years ago when she was 16 years old and given life without parole.  However, a look at Kruzan's backstory reveals a frightening fact: this young woman was under the complete sexual control of an older man when she committed her crimes. Rather than standing up for Kruzan, the criminal justice system chose to punish her instead.

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san diego gang activitySan Diego currently has 158 known gangs comprising approximately 7,500 members, according to local officials.  Furthermore, 26 percent of violent crime is said to be related to gangs, according to statistics provided by law enforcement agencies.

The San Diego Association of Governments or SANDAG has issued a report that indicates over one-quarter of all violent crimes such as drug distribution, robbery and prostitution have their roots in gang-related activity.  Of particular concern is the involvement of gangs in smuggling of persons and human trafficking.

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dui resolution san diegoSometimes, despite all a driver or an attorney can do, the driver is convicted or must plead guilty to driving under the influence.  If the driver is fortunate and chooses a DUI attorney wisely, the consequences of such an outcome should be significantly less than those of a person who pleads guilty without the advice of an attorney.  However, this does not mean there are no consequences for a driver who is convicted or pleads guilty to DUI. 

It is important that drivers understand what they should do after a DUI conviction or plea in order to save themselves time, money and trouble.  A Golden State Legal attorney can advise a driver throughout the DUI process and even after the conviction or plea to ensure that the right steps are taken to protect the driver's interests.

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life after duiFor many people, a DUI conviction is the low point of their lives. They may be embarrassed, frightened and depressed throughout the process, from initial arrest to final resolution.  Fear is also a common emotion during this time, often due to the fact that many people do not understand the legal process surrounding a DUI.

What can you expect after a DUI conviction? Will your life ever be the same? There is hope and light at the end of the tunnel, even if you do ultimately plead guilty or are convicted for DUI.  It helps to know what to expect after a DUI conviction and to make plans to deal with the consequences of a conviction. Golden State Legal attorneys are ready to help you through the entire DUI process and will explain every step to you so that you have a clear understanding of what is happening.

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marijuana breathalyzerThe possibility of marijuana legalization in California has led some experts to speculate on the possibility of "pot breathalyzers" to quantify the legal limit for driving while under the influence of the drug.  Breath tests have long been a standard tool for officers pulling over those suspected of driving under the influence of alcohol.  However, there is currently no accurate way to measure the effects of marijuana or other drugs on a driver's ability to operate a vehicle.  In order to charge someone with DUI related to drugs, prosecutors must rely on the testimony of officers as to the behavior of the driver along with evidence of witnesses and any physical evidence such as the driver's involvement in an accident.  Therefore, many proponents of legalized marijuana are also considering how best to test someone for impairment while driving under the influence of this drug.

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xanax duiAn Orange County lawyer has been charged with felony vehicular manslaughter in the death of a bicycle rider, according to the latest reports. Hasti Fakhari-Bayrooti, 39, could receive up to four years in prison if convicted of the crime. Prosecutors believe that Fakhari-Bayrooti was under the influence of Xanax and other drugs when she swerved into the bike lane and hit a bicycle rider, Eric Billings, 54. Billings died from injuries sustained in that crash.

Fakhari-Bayrooti, who is from Rancho Santa Margarita, was freed on $100,000 bail pending trial.

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Keving BollaertThe term "revenge porn" has been coined to name a new phenomenon:  posting revealing or compromising photos or videos on the web of a former sexual partner in the hopes of embarrassing that person.  However, a recent criminal charge took revenge porn to a new level when a man was accused of profiteering from this activity.  The San Diego man was accused of operating a website that extorted money from women whose pictures were posted there by charging them to remove the embarrassing photos.

According to police reports, Kevin Christopher Bollaert, 27, was arrested by the California Department of Justice and is being held on $50,000 bail.  He faces 31 counts of identity theft, extortion and conspiracy for demanding up to $350 from women to remove their photos from the Internet web site he maintained.

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san diego dui arrest defense attorneysDo you know what happens when you are arrested for DUI?  Do you know what to do if you are stopped and asked to submit to a blood alcohol test? Golden State Legal explains the process of a DUI arrest and what you should do if you are pulled over for driving under the influence.

The DUI Stop

Depending on how you wound up with a DUI, the arrest process may differ slightly for you from other arrestees.  Some people are brought in after a roadblock stop; others are pulled over because they committed some driving violation such as speeding or failing to yield.  Still others are arrested because they caused or were the victim of a traffic accident and were determined to be under the influence of alcohol at the time. 

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car insurance after duiOne question that many people have when considering the possible consequences of a DUI is whether they can obtain car insurance again when their license in reinstated.  It is common knowledge that a DUI conviction can make it difficult for you to get car insurance, but what happens if you are simply arrested but never charged or if you plead guilty voluntarily?

Insurance Company Questions and DUI

The problem with making any definitive statements about DUI and insurance companies is that there is always an exception to the rule.  In reality, while insurance companies are allowed to cancel policies when someone is convicted of a DUI, and while many do cancel these policies, they are not forced to do so and some companies do not.  If that sounds confusing, think about all the factors that go into making you a valued insurance company customer:  your years with the company, the type and number of policies you have, the number of claims you have had in the past and other characteristics that define you as an asset to the insurance company.  Now, weigh those against your current situation.  If the insurance company feels you are a poor risk and are likely to cost them money, your insurance will most likely be canceled.  On the other hand, if you are valuable to the company and you are not likely to have a great deal of cost associated with your DUI, they may keep you on.

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san diego dui checkpointA recent DUI checkpoint in downtown San Diego netted 11 arrests and 12 vehicle impounds, according to police sources.  The overnight sobriety/license checkpoint was held in the 1500 block of First Avenue beginning around 11:00 p.m. on a Friday evening and ending Saturday at 3:00 a.m.  Around 1,671 vehicles passed through the checkpoint, 1,031 of which were screened by officers.  Twenty drivers were detained and evaluated, and 11 were arrested, resulting in an arrest rate for the checkpoint of one percent.

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san diego duiAccording to a recent news report, a San Diego driver was accused of going on a crash course through a residential area, smashing into cars and finally blowing out a tire, all while under the influence of alcohol.

Clairemont Mesa residents described the driver as "slurring his words" and said that he attempted to block the decal on his truck, presumably to prevent identification.  When witnesses approached the driver, he attempted to flee in the truck, driving on the rim as one of the tires was blown out in the crash. 

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oceanside dui accidentA man suspected of driving drunk smashed his car into a tree on Oceanside Boulevard, cutting the car in half and killing a passenger, according to reports

The accident occurred in the 4000 block of Oceanside near Avenida del Oro.  The driver hit a palm tree in the center divide, cutting the vehicle into two parts.  One half flew across the divide and collided head-on with an oncoming car.  The female passenger was trapped in the driver's car and died upon impact.  The driver was thrown from the car and landed in the westbound lanes, although he was conscious when emergency crews arrived.  He was transported to an area hospital with non-life-threatening injuries.  The occupants of the Nissan that was hit head-on by the flying half of the car were also treated for non-life-threatening injuries after being transported to an area hospital.

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meth san diego crimeA new study by the San Diego Association of Governments shows that meth use is on the rise among those arrested for all types of crimes.  Methamphetamines have also been blamed for increases in deaths and emergency room visits in San Diego hospitals.

Incredibly, 47 percent of all women and 31 percent of all men arrested in 2012 tested positive for methamphetamine use.  These numbers represented a huge jump from 2011, when 39 percent of women and 26 percent of men arrested tested positive for meth.  Only marijuana has higher numbers when it comes to drug use by arrestees, and marijuana is not associated with another frightening meth factor: death and hospitalization. 

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NeurolawAccording to a recent report, the number of criminal defenses relying on neuroscience are on the rise in the United States.  One of the president's advisors on bioethics warns that not only are the number of these defenses increasing, but their scope is also changing as well.  In the past, neuroscientific evidence was used only to mitigate harsh sentencing; today, it is being tested as a way to clear defendants of culpability and achieve a "not guilty" verdict.

Defendants have been using brain scans that show abnormalities to attempt to strike out confessions, deny responsibility and argue that they should not be sentenced to jail.  Whether or not these defenses are successful, they mark a large departure from the early days when the only "brain defense" available was a M'Naughten or insanity defense.

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san diego police departmentAccording to a recent report, San Diego law enforcement has a new tool at its disposal for fighting crime:  facial recognition software.  This program is loaded onto a tablet computer and used to identify those who may be wanted for crimes in San Diego or other locations.

Facial recognition software uses measurements of the ears, eyes and chin to narrow down whether someone is a suspect in a crime.  Because the software compares known measurements to those taken in a photograph, it is only effective for suspects who have been arrested and photographed previously.

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pre-charge dui investigationIf you have been arrested for but not yet charged with DUI, there is a small window of opportunity in which you may be able to prevent charges from being filed.  During this time, the actions you take or do not take can determine whether or not prosecutors choose to pursue a DUI against you.  With what is known as a "pre-charge investigation," a DUI attorney may be able to forestall or prevent the prosecutor from filing charges against you, saving you thousands of dollars and a bad mark on your record.

How Does A Pre-Charge Investigation Work?

In any case in which criminal charges are made against a person, the prosecutor examines the facts of the case and decides which charges to make.  During this time, the prosecutor is weighing his or her options carefully.  Prosecutors only want to bring charges against people that they believe they can prove in court, since the prosecution has what is known as the "burden of proof."  A prosecutor may believe a person guilty of a crime, but if he or she cannot prove it, charges may never be brought.

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drinking and drivingDo you know what happens 10 days after a DUI?  In California, that is the outside time limit to preserve your driver's license, no matter what the disposition of your DUI case.  It is important to understand this and to take action immediately in order to avoid serious issues with your driver's license and possible future criminal charges springing from driving without a license.

The Ten Days After A DUI Are Most Important

A DUI charge occurs when someone is pulled over or has an accident and the police believe alcohol is involved.  The police will usually, but not always, take a breath sample at the side of the road before handcuffing the driver and placing him or her into the vehicle.  The exception to this rule may be if the driver is injured or combative.

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agustin garcia moralesAccording to recent reports, a motorist who hit and killed a toddler in North County will not face DUI charges related to the crash.  Agustin Garcia Morales, 33, was arrested after a fatal accident that occurred in front of his apartment on Encinitas Boulevard in which he is accused of rolling through a stop and hitting Juan Andres Ruiz, 3.  The boy was walking with his mother who was pushing a stroller.  The crash dragged Ruiz under the car and hit the stroller carrying an infant.

Morales pled not guilty to four misdemeanor charges including vehicular manslaughter.  However, although he was arrested initial on alcohol charges, he only blew a .029 percent on the breath analysis, not enough to support a DUI charge under California law.

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how many drinks duiConventional wisdom says that, in order to get drunk, you must consume more than two ounces of alcohol per hour.  However, this very general estimate does not take into account body weight, what you have eaten or not eaten prior to drinking and other idiosyncrasies.  The fact is that it is almost impossible to predict exactly how much alcohol will cause one person to register as a .08 percent blood alcohol content or above when checked by police.

Conventional Wisdom:  The Two-Ounce-Per-Hour Rule

We have probably all heard the conventional "two-ounce-per-hour" rule.  This simple method of calculating DUI probability states that in order to register more than the legal limit you must consume more than two drinks per hour, with a drink being defined as an ounce of hard liquor, one 12-ounce beer or a five-ounce glass of wine.

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dui hits two parked carsWhile some people charged with DUI are able to argue that the testing may have been faulty or that their BAC was reported in error, it is difficult to argue against an accident in which a driver slams into several parked cars.  This was the case when a driver was arrested on suspicion of DUI after hitting two parked cars on different blocks and attempted to keep driving.  However, according to reports, the man was unable to drive any further due to damage to his own vehicle.  He was also found to be injured and was taken to a local hospital for treatment.  After being released by the hospital, he was placed under arrest.

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prescription drugsAlcohol is not the only substance that can lead to a DUI or a serious crash.  Prescription medication, illegal drugs and even over-the-counter remedies have also been linked to crashes, and driving under the influence of these substances can also lead to a DUI charge. 

In a recent tragic accident, a 77-year-old man was killed and his 74-year-old wife was seriously injured by a driver that authorities believe was operating her vehicle under the influence of prescription medication. The driver, Soranon Booppanon, 39, was charged with gross vehicular manslaughter and DUI in connection with the accident.  She has pled not guilty and is being held on $100,000 bail, according to reports

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repeat dui defenseIt happens every day in courtrooms across California: a person gets his or her second DUI. In fact, according to the California Department of Motor Vehicles, about 22 percent of all license suspensions involving DUIs are repeat offenses. What these numbers do not tell you, however, is what can happen for someone to get a "repeat" DUI.

Legally, a repeat DUI offender is defined as someone who has more than one DUI conviction, whether for driving under the influence of drugs, alcohol or a combination of both, in the past seven years. However, what the law does not explain is that the repeat offender status is assigned no matter what the blood alcohol level or the circumstances surrounding each particular arrest.

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pacific beach duiA driver who led officers on a chase through Pacific Beach is suspected to have been operating the vehicle under the influence of alcohol and was arrested after crashing the truck on Emerald Street, according to reports.

Prior to the crash, the driver was observed in a white Tacoma pickup near Mission Boulevard and Diamond Street driving "recklessly."  Witnesses said the driver was doing doughnuts in the street, meaning that he was spinning the vehicle in circles.  When officers attempted to pull the driver over, he allegedly sped off, leading officers on a short chase.  During the ensuing chase, the driver allegedly ran several red lights and at one point became airborne in the vehicle.

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gross vehicular manslaughter san diegoA sailor stationed at the San Diego Naval Base pled guilty to gross vehicular manslaughter in connection with a high-speed crash that killed an elderly pedestrian couple last year.  Carl and Eunice Ackermann, 79 and 78 respectively, were killed instantly when a car driven by 21-year-old Earl Smith, Jr., plowed into them on Old Castle Road near Mauka Drive, according to official reports.

According to the terms of the agreement, Smith will receive 11 years in state prison.  He might have gotten as much as 15 if he had been convicted in a trial.

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national city police dui checkpointNational City has won a grant of more than $66,000 to pay for DUI operations, according to authorities.  The money, which is granted by the state’s Office of Traffic Safety, will be used to fund sobriety checkpoints in South Bay.  Authorities credit earlier grants with saving lives, pointing to National Cities enviable zero fatality rate for the past three years.  In that time, not a single person has been killed in National City due to a drunk driver.

Authorities credit the low fatality numbers with the funds given to enable the city to conduct DUI checkpoints, something that has generated a great deal of controversy on a state and national level.

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gross vehicular manslaughterA 60-year-old motorcyclist was killed in a July 2012 crash on Interstate 15 that officials blamed on drunk driving on the part of a Murrieta man.  This week, Brian Joseph Webb II pleaded guilty to gross vehicular manslaughter in connection with that crash, according to reports.  He was sentenced to 15 years to life in prison.

Webb, 35, admitted at this plea hearing that he had two prior Riverside County DUIs in 2000 and 2007.  He also admitted to entering I-15 from the wrong way at the Del Lago offramp when he struck Robin Vaugh, who was headed north on the interstate on a Harley-Davidson.  Vaughn died at the scene.

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driving under the influenceThere is often confusion about the laws that affect California drivers as there are so many statutes and regulations in place at the state level. Furthermore, enforcement of these laws in terms of fines, punishments and other factors may not be uniform in every location. However, a good understanding of the law that affects those accused of driving under the influence of drugs or alcohol is important if drivers are to protect their rights and avoid serious legal consequences when they are arrested. A DUI defense attorney has specialized knowledge of these laws and can help those who are accused of DUI understand their rights and their options.

Laws That Affect Drunk Drivers

There are many laws in California that can affect what happens when someone is arrested for DUI. However, there are a few definitions or terms that are more important than others in relation to punishment and consequences for drunk or impaired driving. These include:

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timothy barnette duiAccording to authorities, a 19-year-old young man pleaded guilty to gross vehicular manslaughter in the intoxicated driving death of a 22-year-old victim earlier this year. Timothy Barnette agreed to a guilty plea in exchange for a six-year prison sentence.

The crash took place on State Route 56 in Rancho Penasquitos on May 16, 2013. Barnette was accused of driving under the influence of Xanax and marijuana. He may also have been using inhalants at the time of the crash. His car drifted over the center line and into oncoming traffic. He struck a vehicle driven by Daniel Hart, killing Hart instantly.

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americus deorendayA man police have arrested on suspicion of first-degree murder drove his wife’s body to the police station in downtown San Diego prior to the arrest, according to recent reports.

Americus Deorenday, 44, was arrested pending charges of first-degree murder after he flagged down officers and showed them the body of a woman in the rear compartment of his crew-cab pickup.  Police believe the woman is Deorenday’s wife and have submitted the body for an autopsy to determine the cause of death.

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long beach police shootingPolice shot and killed a man they claim was reaching for something in his waistband during an investigation of drug activity in a Long Beach neighborhood.  According to recent reports, the shooting occurred after a suspect reached toward his waistband despite officers’ orders to stand down.  After the shooting, officers discovered a silver bat in the man’s waistband.  No officers or bystanders were hurt in the incident.  This shooting is the third by Long Beach police this week.

National Statistics On Police Shootings Unavailable

Unfortunately, the FBI does not collect data on police-involved shootings of civilians due to what it claims are confidentiality issues regarding ongoing investigations.  Further, Congress has never mandated the agency to keep track of such statistics.  However, it is obvious that police shootings do occur with some frequency simply by examining the latest news stories.

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dui driving recordCalifornia law states that insurance companies can use a maximum of 10 years as a "look back" period for assessing a driving record. In fact, many companies only look back five to seven years and, if they find nothing untoward, they will then accept the driving record as complete, even if there may have been things in the past that could harm your driving record assessment.

However, this does not necessarily apply to your criminal record. If you are convicted of felony DUI, that charge will theoretically never leave your record. If you cause injury or death as a result of driving drunk, and if you are convicted of that charge, you may also be convicted of other criminal charges such as vehicular assault or homicide.

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police car smashed duiA driver suspected of being under the influence of alcohol was arrested when he hit a San Diego police car on Interstate 5.  The collision, involving the driver's Nissan and possibly another car, occurred in Chula Vista just north of the Main Street exit. 

The officer was not injured in the crash.  However, paramedics were called to treat two women at the scene.  It is unclear if both women were in the Nissan or if one of the women came from another vehicle.  The driver of the Nissan was taken into custody and booked for DUI.  Her name has not been released.

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army court martialA Brigadier General in the United States Army is facing a court martial on charges that he sexually assaulted a female captain under his command while in Iraq and Afghanistan, according to recent reports.  Most recently, the court agreed to postpone and reschedule the trial based on appeals of the denial of various pretrial motions by the trial judge.

Brigadier General Jeffrey Sinclair was charged with eight counts of forcible sodomy, indecent acts, violation of orders and adultery under Army regulations.  These charges stem from a three-year affair with a female captain under his command while he was deployed to the Middle East.

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fatal dui teenTwo teenagers escaped a fiery accident that killed a 19-year-old driver on the Santa Monica Freeway, according to the California Highway Patrol. A recent report by NBC News stated that Giovanny Soto, 19, of Bell, California, is suspected of being under the influence in the crash that took place between the 10 Freeway and the Pacific Coast Highway in the McClure Tunnel.

Investigators of the crash believe that the Mustang Soto was driving struck a metal guardrail on the north side of the highway, causing it to travel up an embankment and strike a concrete wall. The Mustang then spun back across both lanes of the freeway and caught fire. The driver was trapped inside the vehicle where he perished in the flames, according to the California Highway Patrol.

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felony duiA man is under arrest for driving under the influence of alcohol after authorities claim he struck two women in a pedestrian crosswalk at Pacific Beach, injuring them both. 

The two women, 30 and 25 years old respectively, were crossing the street at the intersection of Mission Boulevard and Hornblend Street and were in the crosswalk at the time of the crash.  An unidentified male driving a Jeep Cherokee struck them, leaving the 25-year-old woman with minor cuts and bruises.  The 30-year-old women suffered a broken patella or kneecap as well as a fracture femur or leg bone.  Both women were rushed to a local hospital and admitted for their injuries.

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operation mountain shadowA North County undercover drug probe netted 65 arrests and included seizures of methamphetamines, cocaine and heroin with a combined street value of $2.1 million.  A total of 150 pounds of drugs, 76 guns and a hand grenade were seized during the sting, according to Fox 5 News in San Diego.

According to investigators, several of the suspects have "extensive" criminal histories.  Bill Sherman, a Special Agent in Charge with the federal Drug Enforcement Agency, noted that these suspects had committed many violent crimes and went "way beyond drug trafficking."

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dui checkpointsThe Poway Sheriff's Department has conducted five DUI checkpoints in the past year within the city limits.  If checkpoints are evaluated on how many arrests are made, that has to be one of the most expensive DUI arrests in history.  The total number of vehicles that have passed through the checkpoints is 7,291, with 3,429 screened and a grand total of one arrest.  These checkpoints have been funded by a $37,600 grant from the Office of Traffic safety, although each checkpoint costs more than $7,500 to man.  The grant money is usually used to pay deputy overtime for working the checkpoints.

While nearly $40,000 in spending has resulted in only one arrest, the Sheriff of Poway says that the checkpoints do serve other purposes.  For example, checkpoints are a good chance for deputies to hand out information about drunk driving and changes to the law regarding liability for serving alcohol to minors.  Further, many unlicensed or uninsured drivers are identified at these DUI checkpoints and arrests are sometimes made for other crimes or outstanding warrants.

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san diego dui arrestWith the holiday season approaching, it is too soon to make any definitive comparisons between 2012 and 2013 in terms of DUI arrests and accidents.  However, the California Highway Patrol released data this week that shows that the total number of DUI arrests so far this year is less than during the same period in 2012. 

DUI fatalities for Labor Day Weekend were also fewer in 2013 than in 2012, with one person killed this year over the holiday weekend.  However, overall DUI fatalities have increased slightly with 14 people killed in California so far in 2013 compared with 11 in 2013.

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mission bay boat accidentTwo children were aboard a boat that crashed in Mission Bay near Ski Beach on Ingraham Street. The two children were strapped into car seats on the boat and survived the crash although they were taken to an area hospital as a precaution. Two adults were also thrown into the water; one of the adults died in the crash.

The driver of the boat was arrested by San Diego police on suspicion of drunk driving. There has been no word at this point on possible charges or on the suspects measured blood alcohol level.

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dui checkpoint san diegoFor most people in San Diego, Labor Day was a day off work to relax with family and friends, perhaps enjoying a cookout or a trip to the beach. However, for San Diego police officers, the weekend was spent manning DUI checkpoints that resulted in at least 10 DUI arrests over the holiday weekend.

Checkpoints Set Up Across The County

The San Diego County Sheriff’s Department conducted a checkpoint in the 900 block of Palm Avenue in Imperial Beach. A total of 537 drivers went through the roadblock, netting two DUI arrests. Another 11 citations were issued for suspend, revoked or missing driver’s licenses, while six vehicles were impounded.

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courtroom san diegoAn alleged drunk driver has been ordered to stand trial for gross vehicular manslaughter in the deaths of two victims stemming from a crash that occurred near Alpine last year. If convicted on both counts, Sunny Hall, 31, could face up to 14 years in prison.

Hall was ordered to stand trial after a preliminary hearing in which a judge ruled that the woman could remain free on $350,000 bail but must return in September to address the charges. Hall was charged with DUI in connection with the June, 2012, accident that killed 25-year-old Angela August and 59-year-old Jimmy Arevalo, who was trying to help the other victim at the time of his death.

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dui defense lawyerA man who allegedly caused an accident while drunk in Linda Vista is to be charged with vehicular manslaughter in connection with a fatality from that crash. One man was killed and another injured when Matthew Tyler Kim, 41, allegedly broadsided the victim’s vehicle while driving drunk.

The accident took place at the intersection of Tait Street and Linda Vista Road. Kim’s Toyota pickup was traveling south when he hit a westbound Mazda carrying David Benito, 27, and his 19-year-old brother. The broadside collision killed Benito and injured his brother, although the brother is said to have sustained non-life-threatening injuries.

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dui manslaughterA young man that is accused of being intoxicated with drugs when he caused a head-on freeway crash that killed another man has been ordered to stand trial for gross vehicular manslaughter. Timothy Theodore Barnette, 18, is being held on $100,000 bail and faces up to 10 years if he is convicted of the charges of manslaughter while intoxicated and DUI causing injury.

The crash, which took place on May 16, killed Nick Hart, 22. Ironically, Hart was on his way to a funeral when the defendant allegedly crossed the median and hit him head on. Hart died at the scene of injuries while Barnette was not seriously injured.

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DUI checkpoint californiaSan Diego police conducted a roadblock-type checkpoint on Ingraham Street in Pacific Beach on Friday with the help of the California Office of Traffic Safety’s “DUI Mini Grant.” This checkpoint took place on a Friday evening from 11:15 p.m. until 3:00 a.m., prime time for DUI arrests. Statistically, most DUI drivers are stopped on the weekend and during late evening or early morning hours, according to Mothers Against Drunk Driving.

The checkpoint involved 776 vehicles with 20 drivers detained for evaluation. Fourteen of the 20 were arrested for DUI and 14 vehicles were impounded.

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dui checkpointA DUI checkpoint set up in Chula Vista netted patrols two possible drunk driving arrests over the weekend in stops of more than 50 vehicles. The checkpoint took the form of a “saturation patrol,” according to Chula Vista police, during which five drivers were evaluated and two arrested for driving under the influence of alcohol. Two people were also cited for open container violations and one was cited for possession of marijuana.

In non-driving citations, two drivers were cited for having no valid license and one vehicle was impounded due to the registration being expired more than six months. Altogether, police issued at least 19 citations for vehicle code violations.

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marijuana duiCalifornia patients are authorized to use marijuana for medical purposes as long as they possess a state-issued Medical Marijuana Identification Card or MMIC. However, as other states that have just passed medical marijuana laws have discovered, legalizing marijuana use is only the beginning of the battles facing users of the drug. The issues surrounding DUI make smoking marijuana and driving a very risky proposition.

Unlike some states, California has never quantified what constitutes “impairment” when smoking marijuana. While studies differ in their results, many states like Colorado have adopted the level of 5 nanograms per milliliter level of marijuana in the blood to determine impairment.

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dui defenseA Kern County Superintendent employee may be able to keep her teaching job despite a third DUI arrest since 2011, according to the school system.  Brandi Lynn Sherman, 38, is a teacher at the 7th to 12th grade Community Learning Center and was recently convicted for the third time for DUI in the past two years.

Sherman was convicted of her second DUI in 2011 and served some time in jail, after which she was given three years of probation.  She failed to comply with counseling that was ordered after her third DUI conviction and was returned to court to face possible additional consequences.  Nevertheless, Sherman is scheduled to return to work on August 26.

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convictedA jury has reached a guilty verdict of second degree murder in the case of a woman accused of killing her daughter and husband in a DUI accident. The alleged crime took place in Los Gatos in 2012 when Stacy Lonnberg, 52, was involved in a crash that killed her husband, Frederic Lonnberg, 57, and her daughter, Tiffany Gillette, 26.

The crash occurred on Highway 85 near Winchester Boulevard when Lonnberg was behind the wheel of a Toyota Tacoma in which her husband, daughter and one-year-old grandson were traveling. She had allegedly ingested between seven and eight vodka drinks as well as some amount of Oxycodone, a pain medication. The group had attended a wedding reception in Belmont and were returning home at the time of the accident. Witnesses stated that the truck was traveling at 80 miles an hour and weaving in and out of traffic prior to the crash.

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dui checkpointPolice throughout the San Diego area were screening drivers this weekend for alcohol and drug intoxication as well as driving without a proper license or insurance. The San Diego police decided to hold checkpoints at various locations due to the large influx of people for major events.

Both Comic-Con and the Del Mar Races bring in thousands of visitors to San Diego each year and both occur on the same weekend. Police responded by scheduling DUI checkpoints at which drivers must product identification and can be pulled to the side for further investigation if it is believed they are under the influence.

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4th of julyCalifornia Highway Patrol Officers arrested 46 people on suspicion of drunken driving between the evening of July 3 and through the day on July 4, 2013. This number represents nine more people than were arrested at the same time in 2012.

Law enforcement in San Diego congratulated drivers on avoiding any deadly drunk driving crashes on July 4th “weekend” both in 2012 and 2013. They stated that elsewhere in the state, nine people died in traffic accidents in both years.

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felony duiA man has been arrested on suspicion of felony DUI and vehicular manslaughter after he struck and killed two pedestrians. The 20-year-old man from Oceanside was apparently driving east on Old Castle Road early in the morning when he drifted to the right and struck an elderly couple who were walking beside the road. The California Highway Patrol confirmed that both victims died at the scene of the accident.

The 78- and 79-year-old couple were apparently in the habit of taking an early-morning walk each day and had done so for about 30 years.

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