San Diego DUI Attorney Blog

According to a press release from the California Highway Patrol dated May 27, 2009, San Diego area police officers arrested 104 people for DUI over Memorial Day weekend. All told, nearly 1,500 drivers across the state were tagged for DUI over the holiday, up by about 20 from Memorial Day weekend 2008.

Fortunately, no one died from DUI related incidents in San Diego over the weekend; however, 45 DUI related deaths were reported elsewhere across the state. Prior to the holiday, San Diego law enforcement officials had announced a major initiative to crack down on drunk and intoxicated driving. Police had set up extra checkpoints around the state in places like El Cerrito, Petaluma, Pittsburgh, and Livermore to nab DUI motorists.

California Highway Patrol officers had also been on the lookout for drivers who were not wearing seatbelts. Although San Diego drivers performed better over Memorial Day weekend this year than they did last year--when 108 people were arrested for DUI and three people lost their lives in related accidents--it’s clear that San Diegans still have some distance to go in terms of adhering closer to California DUI and auto safety laws.

If you were arrested over the holiday weekend for driving while impaired, you may need legal representation to help you avoid fines, jail time, license suspensions, and other repercussions. To get immediate assistance from a highly qualified San Diego DUI attorney, contact Stephen Brodsky and Associates here at www.CriminalAttorneySanDiego.com.

On Wednesday May 27, 2009, an Orange County man by the name of Andrew Thomas Gallo was officially indicted on charges stemming from an April 10 accident that took the lives of popular Anaheim Angels’ Pitcher Nick Adenhart and two of Adenhart’s companions. Gallo, 22, allegedly sped through a red light in the early morning hours of April 9th and slammed into a Mitsubishi driven by Courtney Stewart, who was killed along with Adenhart and a law student named Henry Pearson. According to reports, Gallo fled the scene and was pulled over half an hour later by the police. He was arrested and hit with hit-and-run, manslaughter, and felony DUI charges. Allegedly, Gallo’s blood alcohol level upon arrest was 0.19% -- well above the legal California limit for DUI, 0.08%.

Various news outlets have reported on Gallo’s alleged past criminal history. In 2006, he pled guilty in San Bernardino to a different DUI charge and received probation for three years. Just months later, in a separate incident, he was pulled over and charged with not wearing a seatbelt. In 2007, Gallo was arrested for possessing a small amount of marijuana. While this drug possession charge did violate his DUI probation, he was permitted by the court at the time to continue in his alcohol rehabilitation program.

In the wake of the crash that took Adenhart’s life, Anaheim Angels’ fans and players have rallied in support of the fallen pitcher’s family and have made charitable donations in the player’s name.

If you cause a car accident, do not evade police officers or leave the scene hastily. Doing so can greatly exacerbate your potential legal troubles. Instead, get dependable advice and battle-proven representation with your DUI matter. Find out more about one of San Diego’s most highly respected criminal defense and DUI Attorneys here at www.CriminalAttorneySanDiego.com, or call or email to set up a free consultation now.

Kiefer Sutherland has once again made the headlines for his off-camera actions. The actor, whose fictional alter ego, Jack Bauer, battles terrorist baddies bent on America’s destruction on the hit Fox series 24, was arrested last week for assaulting a guest at a party sponsored by the Met Costume Institute Gala. According to reports, Sutherland saw fashion designer Jack McCollough “shove” actress/model Brooke Shields to the ground. Sutherland demanded that McCollough apologize for this hostile gesture. McCollough reacted dismissively, escalating the confrontation, and then allegedly pushed Sutherland, who responded in kind by head-butting McCollough and cutting his nose.

Sutherland may be charged with third degree assault as well as a violation of a 2004 probation arrangement. If he’s convicted, he could face a $1,000 fine as well as jail time.

The actor has a history of alcohol related charges and probation violations. Sutherland was tagged with drunken driving charges in 1989, 1993, 2004 and 2007. Per his agreement with the court following his 2004 arrest, Sutherland served many hours of community service and received counseling for alcohol addiction. Two years ago, following a party sponsored by Fox studios, Sutherland was pulled over after making an illegal U-turn. He subsequently failed an impromptu police sobriety test.

If you or a loved one currently faces a San Diego DUI charge, you need a solid legal defense to fight for your rights and help you rehabilitate your record and your reputation as efficiently as possible. Contact the Law Offices of Stephen Brodsky at www.CriminalAttorneySanDiego.com.

On May 7, 2009, a Minnesota woman named Lee Joan Harris was arrested under the suspicion of aggrevated DWI while driving home from a SuperTarget store in Scott County, Minnesota. The incident was Ms. Harris's second DWI. In November 2000, police also pulled her over for DWI while she was shuttling children in her car.

Chain of Events

News reports do not say how or why Ms. Harris became inebriated. But they do describe details of the arrest. According to eyewitness accounts, around 7 p.m., Ms. Harris exited SuperTarget in a state of distress and disarray, literally "stumbling" out the door. An employee saw her get into a vehicle with two child passengers. Alarmed and concerned for the children's welfare, the employee alerted the police.

Officers tailed her car from South Park Drive to Louisiana Avenue, at which point Ms. Harris made a wide and dangerous turn against oncoming traffic. The police managed to pull her over a block later. According to reports, her car smelled strongly of alcohol, and Ms. Harris was "glassy eyed" and sluggish. She admitted to having "a beer," and tripped getting out of her car on the way to take a roadside sobriety test. Ms. Harris refused a breathalyzer test at the scene. She also later refused a blood-alcohol test at the station, after she had been arrested.

Given that young children (ages 6 and 7) had been in the car, Ms. Harris could face severe charges, including up to a year in jail, thousands of dollars in fines, and a separate $300 fine for driving over the yellow center line on Louisiana Avenue.

The pressures of parenthood can force otherwise responsible people to do dangerous and stupid things. But just because you've been charged with DWI in San Diego doesn't mean that you have no recourse. The legal offices of Stephen Brodsky and Associates may be able to help you. Find out more about our diverse experience at www.CriminalAttorneySanDiego.com, or call or e-mail to set a free consultation about your DWI matter.

According to a story published by the Associated Press, on May 15th, 2009, former Buffalo Bills and Washington Redskins legend Bruce Smith was busted for DUI on Virginia Beach along Interstate 264. Smith had played 19 seasons in the NFL--a tremendously long career in a brutal, demanding sport. During his career, he racked up 200 sacks (an NFL record) and also netted two interceptions. Smith is a Pro Football Hall of Famer, and he's generally revered by NFL fans, historians, and statisticians. He's also a former teammate of notorious wide-receiver O.J. Simpson.

Smith's arrest occurred just after 1:40 a.m. According to reports, Smith had been exceeding the 55 mph speed limit when he was pulled over. The officer on the scene noted that Smith appeared to be drunk. Smith refused a breathalyzer test and was subsequently arrested and held on DUI charges. He was released on bond a few hours later. According to the officer's account, Smith appeared pleasant and cooperative, notwithstanding the charges against him.

Smith had been arrested for driving under the influence twice before--once in 1997, once in 2003. The first time, the charges were ultimately dismissed. The second time, he won acquittal at trial. Smith's previous DUI charges may or may not influence his defense options and legal tactics going forward.

If you or a loved one has been recently arrested for driving under the influence or driving while intoxicated, it's essential to obtain trustworthy, battle-tested legal representation. Brodsky and Associates may be able to help you. Whether this is your first DUI charge or whether you've faced multiple DUI offenses in the past, we can develop a sensible plan of action. Go to www.CriminalAttorneySanDiego.com to set up a free consultation now.

According to a May 5th, 2009 story by news outlet KHSL (Channel 12), two high profile Chico police officers face serious allegations over their handling of DUI cases.

Anthony Ferreira and Travis Johnsen had long been considered aces of their department. Over the past two years alone, the team had arrested over 600 motorists for DUI; the department's Captain had recognized them for outstanding work; and the pro-safety group Mothers Against Drunk Driving had honored the DUI-busters for their aggressive and vigorous patrolling efforts.

But a slate of recent allegations may shatter Ferreira and Johnsen's reputations as "golden boys." These allegations are so wide-ranging, complete, and disturbing, in fact, that the state has ordered a review of over 36 DUI cases in which the officers were involved.

Accusations against the pair include:

• They forced suspects to take blood tests (as opposed to breathalyzer tests);
• They provided false testimony in court;
• They falsified police reports;
• They illegally coerced suspects;
• They failed to disclose reasons for stopping motorists;
• They failed to inform motorists of their legal rights;
• They demonstrated a bias against female suspects;
• They leveraged their positions of power to sexually assault female drivers;
• Four women have separately alleged that the officers "followed them home";
• One former suspect alleges that she was touched inappropriately by the men.

If these allegations prove even partially true, it will no doubt be a black eye on the Butte County Police Department. Past defendants may be entitled to case reviews as well as to compensation for wrongful arrest.

While obviously not all California patrol officers suffer similar ethical lapses, the police can make mistakes, both procedural and ethical, when processing DUI cases.

That's why it's critical for DUI defendants to understand both their rights and their obligations under CA law and to get the help they need to put forward a vigorous defense. Discover the capabilities, experience, and unparalleled support of San Diego DUI lawyer Stephen Brodsky. For more information, or to review their past cases, please visit www.criminalattorneysandiego.com.

In the early morning hours of April 6, 2009, the California Highway Patrol pulled over basketball phenom Zach Randolph of the Los Angeles Clippers for driving under the influence of alcohol.

Randolph had been driving a white Rolls-Royce on the San Diego Freeway Southbound, According to the officers, he had swerved excessively in lanes, thus alerting suspicion. Although the suspect's speed (60 mph) was not excessive for the freeway, the officers noted that the suspect smelled of alcohol and appeared visibly intoxicated. Mr. Randolph was remanded to custody for DUI and released hours later after paying a bail of $5,000.

While the San Diego Freeway can get packed during the business rush-hour; at night, the 405 often devolves into a cross between a Ghost Town and a Raceway for speeding intoxicated drivers -- particularly around the time of Mr. Randolph's arrest (2:25 a.m.).

If Mr. Randolph is convicted of DUI, his license could be suspended, he could lose driving privileges, and he could be reprimanded by the NBA and by the Clippers. Moreover, he could also face fines and/or jail time. According to California law, it is illegal to operate a motor vehicle if your blood alcohol concentration is 0.08 or above.

DUI defendants like Mr. Randolph can encounter tremendous anxiety over the uncertainty of their legal fate. If you've been tagged with a DUI, you need solid support and reliable information to prepare for the challenges ahead, such as defending your license, defending charges at court, and recovering from substance abuse problems.

The good news is that the battle-tested team of Stephen Brodsky and Mike Fremont can help. These two attorneys have fought successfully for literally hundreds of Southern California DUI defendants. The team has unmatched experience at trial and knows the Southern California court system inside and out. To fend off charges, bolster rehab efforts, and take control of your future, connect with this ace DUI legal team today.

According to a report in the San Diego Union Tribune, Escondido police arrested two men in one car simultaneously for DUI on April 13, 2009.

The seemingly paradoxical event unfolded as follows. A police sergeant named Craig Miller had been patrolling near Elder Place in Escondido, when he saw two men in their early '40s hop into a car and zip away recklessly. His suspicion aroused, Sgt. Miller followed the vehicle. Instead of pulling over, the driver hit the gas. As the fleeing car swerved and slammed against the curb, Sgt. Miller called for back up. The vehicle slowed to a stop around Jefferson Street and Harding Avenue, at which time the driver hopped out and switched places with the passenger. Then the vehicle took off again.

Other officers, alerted by Sgt. Miller, gave chase and zeroed in on the fleeing car. Their efforts finally forced the car off the road. Police at the scene determined that both occupants, Enrique Jiminez and Manuel Rodriguez, were intoxicated. Since both men had been witnessed driving while drunk, the police netted an unusual "twin" DUI. (Interestingly, both Mr. Jimenez and Mr. Rodriguez had been driving on suspended licenses; and both had been arrested previously for DUI.)

Even in cases like the above, where the facts of a DUI arrest may seem "cut and dry," defendants deserve vigorous legal help. Violations of 4th Amendment rights, improper police behavior, and other factors or errors can neutralize the state's case. Defendants have more rights--as well as opportunities for alternative sentencing--than they often realize.

To get the help you deserve to fight charges and clean up your record, contact the team of Stephen Brodsky and Associates. We can explain your options and provide a free, no obligation first consultation. Find out more at www.criminalattorneysandiego.com.