San Diego DUI Lawyer: Recent DUI Case Victories
DUI Case Victories- Beat a California DUI
With more than 30 years of experience, top San Diego DUI Attorney Rick Mueller has successfully defended all types of DMV and DUI cases under California Vehicle Code Section 23152 (a) and (b). This is a brief list of just a few of Rick’s recent DUI case victories.
DUI Case Facts: Early in the morning in an unfamiliar location, Mr. Smith unknowingly entered a lane leading to a military checkpoint. When asked where he was going, Mr. Smith explained that he made a wrong turn and was just trying to get home. Military police claimed that Mr. Smith smelled like alcohol and exhibited signs of impairment-slurred and repetitive speech, glossy eyes, and confusion- so they asked him to step out of his car. During questioning, Mr. Smith admitted to drinking a six pack of beer the night before. Breath test results revealed a .12% and he was charged with a DUI.
DUI Case Result: Reckless driving plea deal. Fortunately, Mr. Smith enlisted help from a top San Diego DUI lawyer. NO DUI. NO LICENSE SUSPENSION.
DUI Case Facts: In an attempt to relax after a long week working construction, Bob and his date went out for drinks. After a fun night out, Bob was attempting to drive his date back to her home in Pacific Beach when he encountered a DUI checkpoint. At the officer’s request, Bob rolled down his window as he entered the DUI checkpoint. The officer immediately smelled a strong alcohol odor and noticed that Bob’s eyes were red, bloodshot, droopy, and dilated. In response to his slurred speech, physical signs of impairment and the smell of alcohol, the officer asked Bob to step out of the vehicle. After unsteadily getting out of his vehicle, Bob admitted to the officer that he felt the effects of alcohol. Bob’s breathalyzer result of .25% was over three times the legal limit, and he was arrested for DUI.
DUI Case Result: DUI case dismissed in exchange for a lesser charge and a reduced fine.
Quick Tip: California DUI checkpoint laws require officers to adhere to strict guidelines and specific protocol. Understanding DUI checkpoint law can help you avoid a DUI. This helpful infographic outlining DUI checkpoint law is helpful resource to keep on hand. Be sure to regularly check our San Diego DUI Checkpoint map for a list of upcoming DUI checkpoints.
DUI Case Facts:
Michelle was pulled over for speeding, but her appearance and behavior caused the officer to become suspicious that she was driving under the influence. After witnessing Michelle’s overly calm demeanor and slurred speech, the officer examined her eyes. Noting her dilated pupils and pulse, the officer asked her to step out of her vehicle. Michelle admitted to taking one of several of her prescriptions earlier in the day. Based on her behavior, the physical indications of impairment and her own testimony, she was charged with Under the Influence of a Controlled Substance and DUI/DRUGS
DUI Case Result: San Diego DUI Attorney Rick Mueller succeeded in getting both charges dropped in exchange for a lesser charge and reduced fine.
Quick Tip: Driving under the influence of drugs- even prescription drugs and over the counter medications can result in a DUI. California DUI laws make it illegal to drive if you are impaired. To limit your risk, make sure you read the label before taking a medication. Consult your doctor or pharmacist to see how certain medications interact. Avoid mixing drugs with alcohol, and always see how a new medication affects you before driving. In the unfortunate event that you do receive a DUI resulting from drugs (legal or illegal), a knowledgeable DUI lawyer can fight to get the charges reduced or even dismissed.
DUI Case Facts: A U.S. Military man was charged with a DUI in San Diego County after falling asleep in the number two lane and blocking traffic. In an attempt to wake him, Military Police shined a spotlight, blew two short bursts from a siren and bull horn, and used a P.A. loud speaker- still no response from the driver. Breath test results came in at .08% and .09%.
DUI Case Results: After evaluating the evidence, a top San Diego DUI lawyer discovered an issue regarding the continuous observation period required prior to administering the breath test. The Department of Defense Police operating out of U.S. Navy base used a 20 minute protocol. California DUI Police commonly adhere to a 15 minute continuous observation period prior to administration. The purported 20 minute observation period ended minutes before the actual tests thus leaving a question of lapse of continuity or actual observation prior to testing. Intoximeters Inc., breathalyzer manufacturer, requires continuous observation until the subject blows into the device. As a result: DUI case dismissed.
DUI Case Facts: John got pulled over for speeding and expired registration. Noticing his bloodshot, watery eyes and the smell of alcohol and marijuana, the officer suspected John was driving under the influence. After failing the roadside tests, John refused to do a blood or breath test. A telephonic warrant to draw blood came back with a .06%BAC. Unfortunately, this was John’s 2nd offense DUI.
DUI Case Result: Facing a 2 year revocation of his license and hefty fines, John hired a top San Diego DUI attorney who was able to get the DUI case dismissed in exchange for a lesser charge and reduced fine.
Quick Tip: Without an accurate method to test marijuana impairment at a specific time, an experienced and skilled California DUI attorney may be able to get your Marijuana DUI charges reduced or even dismissed. Law enforcement predicts the recent legalization of recreational pot will lead to an increase in marijuana DUIs- be prepared and know the facts to avoid a marijuana DUI.
DUI Case Facts: While visiting California, Peter got into a single vehicle accident. The arresting officer noted Peter’s bloodshot, droopy eyes and the smell of alcohol. Peter adamantly denied drinking and took a breathalyzer. He blew .20% twice. Peter refused a blood test requiring the officer to get a telephonic warrant resulting in a .20% BAC. California DUI law requires anyone with a DUI conviction of .20% or more to attend a 9 month in state DUI alcohol program (no online option). Failure to do so will result in the indefinite suspension of your driver’s license, which will be upheld by the state you live in until the requirement is satisfied.
DUI Case Result: San Diego DUI Lawyer Rick Mueller successfully convinced the prosecuting DUI attorney to stipulate to a .19% BAC. Peter was able to complete a DUI program in his home state that satisfied the court requirement and the California DMV requirement.
If you’re facing DUI charges, contact San Diego DUI Specialist right away, or simply fill out this free DUI case evaluation. With countless DUI case victories, Rick has the skills and experience to handle any DUI or DMV case. National City San Diego resident with valid license who has to drive to his medical employer stopped by CHP for 96 mph bumper pace on 8 freeway, a violation of Vehicle Code section 22349(a) [over 65 mph) and 23582 [excessive speed – 30 mph over freeway speed, carrying consecutive 60 days jail sentence] after drinking Pacifico and eating a California Burrito.
With normal speech, a steady gait and a proper calm demeanor, the driver’s red/watery eyes made the California Highway Patrol DUI investigation a bit smoother.
On the so-called field tests, he exhibited a lack of smooth pursuit , distinct and sustained nystagmus at maximum deviation and onset prior to 45 degrees. He “displayed all six validated clues.”
He raised his right leg and stood on his left for the one leg stand. He put his food down on count 1001. He only raised his foot approximately 1 inch off the ground and did not point his food as demonstrated and instructed. Very good.
He estimated the passage of 30 seconds at an actual time of 40 seconds. When asked how much time he estimated in his head, he said he estimated 30 seconds. Perfect estimate!
He agreed to do the breath test, blowing .080% and .075%.
He attended AA meetings, helping San Diego County DUI Law Center get his DUI and driving with .08% dismissed in exchange for a lesser offense which did not trigger a 6 month license suspension or require expensive SR-22 filing; only small fine and lowest possible penalties.
East County DUI – popular result for pulling people over is rear license plate light not working. VC 24601. So everyone needs to check their bulbs to make sure they are always working, front and back.
Check the turn signals, headlights and taillights while you are at it. Don’t give police an easy reason to pull you over.
At least the equipment violation does not mean bad driving or impaired DUI driving.
Just before 11 p.m. is a popular time for CHP or any cop to go fishing. Pretty good chance folks are drinking that late.
Driving with a sprained left ankle (making field tests difficult) and a belly full of Sushi & Budweiser, stopped for no luminated license plate in the back. Tells police Not really feeling effects of drinks.
Fortunately, he was cooperative and spoke normally. Before agreeing to a blood test, hero took a stroll with California Highway Patrol to a concrete sidewalk at La Mesa Blvd. at Schuyler Ave.; it was cool, dry, with flashlight, with vehicle lights and street light.
His eyes were red and watery in appearance. The officer observed a lack of smooth pursuit, distinct and sustained nystagmus at maximum deviation, and onset of nystagmus prior to forty-five degrees in each of his eyes Each of the six clues (claimed to be scientifically validated) were seen in each of his eyes.
On the OLS, he lifted his left foot. He had to be instructed to look at his foot while counting. He skipped 15 numbers, never a good thing. He swayed visibly throughout but no estimate as to how many inches or the range.
He missed heel to toe contact on step 3 of the initial set. He improperly turned by pivoting on the ball of his left foot in one swift movement, then missed heel to toe contact on step 6 of the second set.
When asked to blow in handheld breath test gadget, he said he had an IPA so “it’s not going to blow probably less than (.08%). Cop asked would it blow over, hero responded: “probably b/c it was an IPA.” IPA’s are strong but no reason to change your beer and then offer it being an IPA.
Agreed to a blood test. .094%.
In Superior Court of San Diego County, East Division, DUI defense attorney Rick Mueller prudently shows proof of AA’s attendance persuading reasonable Deputy DA to reduce charges to a wet reckless, meaning less fine + 1 year probation + 3 month program + MADD. No other bad things.
What do you do when you are unable to stand after a fender-bender with another military member, blowing a .30% BAC in federal DUI court?
If you are in the military, try try to get into a residential rehab alcohol program, attend AA’s, attend MADD meeting, and do whatever the military wants.
Do as many AA meetings as physically possible. Some people can and will; others not so much.
The military police are getting more and more qualified (e.g. administering standardized field sobriety tests or operating a breath test machine) when it comes to DUI cases, especially the US Navy, e.g. NAS North Island.
The more mitigation, the more possible it is to get DUI charges dismissed even in federal court. San Diego DUI lawyer Rick Mueller gets tremendous results in United States District Court. The Assistant U.S. Attorneys are very sharp but can be quite nice when presented with documentary proof of an outstanding military person’s efforts to deal with alcohol.
Treatment is needed for the military members who had a challenging and sometimes difficult career whether it’s in the Navy or Marines.
Reductions to next inferior pay grade, restrictions, extra duty and programs like Prime to Life or similar demonstrate their Command is taking action. The Substance Abuse Rehabilitation Program (SARP) at the Naval Medial Center in San Diego is a vital tool to assist military personnel who become patients to meet and maintain high standards and principles required to maintain a program of ongoing sobriety and recovery. Honesty, Willingness, and Open-mindedness throughout are characteristics of ultimate progress with real results. Showing commitment, perseverance and dedication is essential. They may even give you an Award for your success.