San Diego DUI Attorney Blog

On June 22nd, 2009, Orange County Superior Court Judge Theodore Millard lost a battle to have his felony San Diego DUI conviction overturned by the Fourth District Court of Appeals. Judge Millard actually had been a presiding judge of Orange County Superior Court back in the late 1990s. His felony conviction stems from an incident in December 2003 in which he was arrested for driving while intoxicated and causing bodily injury to a motorcyclist.

Facts of the Case

According to testimony, Judge Millard had been drinking wine at the home of a nearby friend – to the tune of approximately three to four glasses – prior to getting into his car and driving home. Judge Millard fail to yield to a passing motorcyclist while making a left turn and drove into fifty-two year old William Payne, causing injuries that made it impossible for Payne to continue working as a construction company service representative.

Initial tests found that Judge Millard had a BAC of a .011% -- .03% over California’s maximum allowable BAC. The Orange County District Attorney recused himself and his whole office from dealing with the matter, given that the Judge Millard was a close friend and associate. Instead, Los Angels Superior Court tried the case. The Judge was convicted of felony DUI, sentenced to three years of probation and ordered to pay Payne $390,000. He also had to spend 75 days in jail.

Judge Millard’s insurer paid $1.1 million to Payne for medical bills and lost present and future wages.

While the appellate judge for the Fourth District Court did not accept the defense’s argument challenging the validity of the BAC test, he did agree to recalculate the restitution amount, because the original amount overcompensated for attorney’s fees.

Driving while intoxicated in Southern California can have real and permanent consequences, and even those who should know better – including judges and prosecutors who know California DUI law intimately – sometimes slip up. Fortunately, with the aid of a savvy, experienced attorney, defendants can often find alternative sentencing possibilities and legal mechanisms to battle back against charges. To get efficient, client-focused help with your case, connect with the law offices of Stephen Brodsky today. Explore our website, CriminalAttorneySanDiego.com, or call or email our staff to set a free consultation.

The San Diego Union Tribune’s online paper, signonsandiego.com, has reported on the intricate and ongoing San Diego DUI case of a fifty-year old diabetic named John Steel IV. Mr. Steel has alleged that the officers who pulled him over for driving while intoxicated on August 12, 2007 had been working in close contact with private investigators hired by his wife, with whom he had been in the midst of an acerbic custody battle.

Facts of the Arrest

According to The Union Tribune’s account, Mr. Steel had been carousing at the Whaling Bar in La Valencia on the night of the 12th. As he drove home in his BMW, a pair of PIs under the employ of his wife stalked him in their car. The PI’s suspected that Steel might have been drinking and called a police officer friend to join their patrol. While on his drive home, Mr. Steel allegedly ran a red light, giving the police officer probable cause to pull him over for a possible San Diego DUI.

Mr. Steel was tested at the scene and found to have a BAC concentration of 0.10% -- 0.02% higher than California’s maximum allowable limit. The arrest was complicated, however, by the fact that Mr. Steel is a Type I diabetic. He had been experiencing severe diabetic symptoms and had asked the arresting officers for medical assistance, but they did not provide help. Hours later, as Mr. Steel languished in a prison holding cell, his diabetic symptoms worsened. He eventually required emergency care.

The morning following Mr. Steel’s arrest, his wife filed for divorce. But it took several months of investigation before Mr. Steel and his legal team discovered that the officer who pulled him over had colluded with the PIs hired by his wife. Mr. Steel subsequently sued the city of San Diego for refusing him urgent care and for placing him under false arrest. The city countersued with a DUI charge. Both the civil and criminal matters are still pending in court.

As Mr. Steel’s case reveals, San Diego DUI charges can result in profound legal complexities, and trial matters can stretch on for months or even years. Given how much is at stake for DUI defendants, if you have been charged with a similar crime, you likely need the help of a persistent, highly reputable, and trial-ready attorney like Stephen Brodsky. Find out more about the Law Offices of Stephen Brodsky today at CriminalAttorneySanDiego.com, or connect with us now to set up a free consultation.

According to an Orange County Register story from June 12th, 2009, San Diego police officers and judges have been testing out a new device designed to monitor repeat San Diego DUI offenders for alcohol consumption. The technology, technically known as Secure Continuous Remote Alcohol Monitor (SCRAM), fits on the ankle of the offender and monitors alcohol consumption. The data get regularly piped to a secure facility in Colorado for analysis. Guests at the 15th annual Drug Court Training Conference held at the Anaheim Convention Center tested out this SCRAM system over to the weekend. All told, already 2,000 Southern California DUI offenders wear SCRAM devices. There are nearly 10,000 SCRAMs in use across the US. The system uses sophisticated sensors to test alcohol concentration in the sweat and supposedly can detect when an offender has tampered with it. Prosecutors contend that fitting SCRAM devices on offenders deters repeat DUI events. However, privacy advocates counter that the monitoring system goes too far and that its accuracy has not been sufficiently proven and beta-tested. Moreover, SCRAM detractors argue that the system presumes the guilt of offenders, who can be mandated to wear the device for up to 90 days.

If you have been charged with violating the terms of your DUI parole while being monitored by a device like SCRAM, you may have legal options to fight back. The key is to connect with a lawyer who understands how to challenge the accuracy and validity of said technologies effectively. Turn to the Law Offices of Stephen Brodsky to explore potential defense options. Attorney Brodsky has demonstrated time and again an efficient and creative approach to San Diego DUI defense. Find out more about his practice here at CriminalAttorneySanDiego.com.

The California Boating Safety Officers Association (CBSOA) in conjunction with other state agencies is sponsoring a California State Senate bill (154) to require that the Department of Motor Vehicles treat boating under the influence of alcohol (BUI) as seriously as the crime of driving under the influence of alcohol (DUI).

For nearly 15 years, California law enforcement agents have treated BUIs as essentially the equivalent of DUI offenses. For instance, BUI offenders have regularly had their licenses suspended and faced fines and jail time for navigating California's shores, rivers, streams, and lakes while inebriated or on drugs.

But in a landmark case in 2008, an appellate court ruled that the DMV could NOT assess BUI as equal to DUI. Shocked by the ruling, the CSBOA (and others) responded by proposing Senate Bill 154 to "re-establish" what had been the de facto rules for punishing DUI by enshrining those rules into law. California's senators and public advocates seem to be onboard with 154 (no pun intended), and the sponsoring legislator, Sen John Benoit, appears hopeful that it will pass. If it does, BUI offenders will face mandatory alcohol awareness education, license suspension, an array of possible punishments, including fines and jail time.

The CSBOA argues that "boating while intoxicated" accidents present very real and underreported dangers. Dozens of people a year die in California BUI accidents. In fact, the CBSOA estimates that as many as a quarter of all boating accidents involve drugs and/or alcohol.

If you're facing a "boating under the influence" charge, connect with the law firm of Stephen Brodsky and Associates to get sound insight into whether and how this new law might impact your case. Steve Brodsky, an experienced and reliable San Diego DUI attorney, can defend your rights and provide the best possible legal strategy. Discover more here at www.CriminalAttorneySanDiego.com.

According to a May 29th press release, a California court has denied the appeal of defendant Lisa Maree Gaut, who had been convicted of DUI and assault in a September 3rd 2006 arrest gone wrong that ended with the career-ending shooting of San Diego Chargers linebacker Steve Foley.

Facts of the Case against Gaut

The relevant events of September 3rd, 2006 began at around three in the morning, when an off-duty officer named Aaron Mansker saw Foley’s car behaving erratically on San Diego’s Route 163. Although the officer was not in his uniform, he attempted to pull Foley’s car over, but Foley evaded for over a dozen miles. When the chase finally concluded, Officer Mansker approached the vehicle. Foley allegedly reached into his waistband, leading Officer Mansker to believe that he was about to withdraw a firearm. In response, the officer fired, shattering Foley’s knee and ending his NFL career. Enraged, Gaut hopped in the driver’s seat and drove the vehicle at Officer Mansker, nearly injuring him.

Ms. Gaut later received a six month jail sentence. Mr. Foley, who had a BAC level of more than two and a half times the state’s legal limit, received two misdemeanor charges. Nothwithstanding his sentence, Mr. Foley successfully settled with Officer Mansker and the city of Coronado for a sum of $5.5 million to compensate him for his injuries.

In her unsuccessful appeal, Ms. Gaut had alleged that there had not been enough evidence to convict her for drunk driving or assault and that the judge in her initial case had made technical errors.

If you’ve been charged with a complicated San Diego DUI with conflicting accounts of what transpired, you likely need a smart, experienced attorney to parse your options and develop a strategy. The Law Offices of Stephen Brodsky may be able to help. Explore our firm here at www.CriminalAttorneySanDiego.com or call today to book a free, confidential consultation.

According to a St. Louis Post-Dispatch article dated June 22nd, 2009, a native San Diegan named Jim Gafney lost his life on US Highway 50 at around 12:40 in the morning when he was hit by a drunk driver. Gafney, 65, was a veteran of the US Navy who had been stationed at Camp Pendleton. He also had worked extensively as a computer engineer. He was on route to Washington DC to protest the federal bailouts for banks and big businesses in what he had deemed “The Mad as Hell Bike Ride Across the U.S.”

Facts of the Accident

According to police reports, Gafney was about halfway to his destination when a 27 year-old man named Leon Marlum hit him from behind in a ’97 Nissan Altima. Marlum fled the scene but was later stopped and arrested by police. He faces an array of charges, including leaving the scene of a deadly driving accident, aggravated DUI, and failure to reduce speed to avoid a crash.

Often drivers like Mr. Marlum who hit pedestrians, bicyclists, or other motorists while driving under the influence react in panic and thus greatly aggravate their potential legal woes. In Southern California, for instance, a DUI offender who flees an injury accident can be charged with a felony and can face severe fines and jail time just for leaving the scene.

For fast and attentive assistance with your San Diego DUI matter, turn to the Law Offices of Stephen Brodsky. Attorney Brodsky has vast experience in dealing with all manner of DUI charges, including vehicular manslaughter and hit and run charges. Find out more about how attorney Brodsky can help you here at www.CriminalAttorneySanDiego.com.

On Friday Jun. 5th, the San Diego Sheriff’s Department, in conjunction with officers from local police forces and the California Highway Patrol, executed a sustained eight-hour crackdown on drunken driving. The operation spanned from 7:00 p.m. Friday to 3:00 a.m. Saturday morning and took place in Oceanside, Coronado, and San Diego. Police made four San Diego DUI arrests in total.

Operational forces established both a checkpoint and a roving patrol. The checkpoint was located near Fallbrook Airpark on Sterling Bridge Drive. Over 700 cars and trucks passed through it; police closely screened nearly 200 of these vehicles and subjected 32 to a secondary inspection. In addition to arresting to two San Diegans for DUI, officers at the checkpoint also issued 19 citations and 16 vehicle-impound orders. The separate roving patrol stopped 30 cars and trucks around the Fallbrook region. Offices tagged two drivers with DUI, handed out 12 citations, and impounded seven vehicles.

The lieutenant in charge of the task force deemed the operation a huge success. He boasted that similar operations in and around the Fallbrook area would be scheduled in the near-term. The National Highway Traffic and Safety Administration provided indirect funding for the checkpoint operation.

If you or a loved one has been charged with DUI in San Diego or Southern California at a checkpoint or roving patrol, you may need a strong legal defense to avoid jail time, fines, and other penalties. Look to Stephen Brodsky, a top-rated and highly reputed Southern California attorney, to empower you with a strong defense. Get more information www.CriminalAttorneySanDiego.com, and connect today for a free consultation.

On June 11th, San Diego’s Superior Court rejected a request made by the legal team of NFL player Vincent Jackson to deny evidence gathered following the football player’s arrest in January on suspicion of driving while intoxicated.

Jackson, who plays for the San Diego Chargers, was pulled over on January 6th by the California Highway Patrol for driving under the influence of alcohol. Officers brought Jackson to the police station and attempted to administer a breathalyzer test. Jackson cooperated at first. But when the breathalyzer did not accept his sample, he became--in the words of one of the officers--“recalcitrant” and ceased cooperating. According to reports, Jackson dawdled as he handed over his personal items for inventory, ostensibly hoping that he could gain time to allow his body to burn off the alcohol in his system so that he’d test below the state’s legal limit for DUI (0.08% BAC).

Jackson later alleged that, despite his continuing requests to take the breathalyzer test, officers interpreted his dawdling as a waiving of his right to the breathalyzer. Instead, they handcuffed the football player to a chair and took blood from his arm. The sample tested at 0.17% BAC -- more than twice California’s legal limit.

Jackson’s attorney had argued to the Superior Court judge that the testing had violated Jackson’s fourth amendment rights against unwanted seizures and searches. Had the Judge ruled that the test was indeed unconstitutional, the BAC results would have been thrown out, and the charges against Jackson would likely have been dropped. The Charger’s receiver hopes to take his case to Federal Court to appeal the ruling.

To make the most effective DUI defense case, you need a lawyer who deeply understands the intricacies of California DUI law and who knows how to identify potentially inappropriate or unconstitutional police procedures or tests. The Law Offices of Stephen Brodsky can provide crucial services for individuals charged with driving while intoxicated in Southern California. For more information, browse www.CriminalAttorneySanDiego.com, or call attorney Brodsky now to set a free, completely confidential consultation.

On June 18, 2009, the defense team for 29 year-old Frank White gave its closing arguments in a trial that has gripped much of Southern California. The matter concerns a complicated series of events that took place on March 15th, 2008 which ended with one woman, Rachel Silva, arrested for child endangerment and DUI, and one off-duty police officer, the aforementioned Frank White, arrested for gross felony negligence in the discharge of a firearm.

Order of Events

According to reports, Frank White had been driving with his wife near Old Grove Shopping Center along Route 76, when he was suddenly tailgated by Silva, who was allegedly driving erratically and aggressively. Afraid that the tailgater might be a person whom he had previously arrested, White panicked and ducked into a parking lot. Silva followed him and continued to tailgate and make aggressive actions. At around 9 p.m., Silva pulled even with White’s car, pinning him in his vehicle. Silva then nudged White’s car with hers, prompting him to panic, pull out his police-issued firearm, and point it at Silva’s car. Silva’s eight year-old child (who was in the passenger seat) alerted his mother, who began to dial 911. But before she could place the call, White’s gun went off, causing injuries to Silva’s arm and her young boy’s left knee.

Two hours after the incident, police tested Silva’s BAC and found it to be at 0.15% -- nearly twice California’s legal limit.

Consequences for Both Parties

In 2008, Silva pled guilty to charges of felony child endangerment and a DUI misdemeanor. She is set to be sentenced in July 2009.

Whether the police officer’s defense holds up hinges on whether the jury buys White’s assertion that he had been defending himself appropriately given the circumstances.

While most San Diego DUI cases don’t involve these kinds of suit-countersuit complications, they can nevertheless evolve into drawn-out court battles. To make your best defense, look to the Law Offices of Stephen Brodsky. Find out more about attorney Brodsky’s excellent track record and commitment to client care here at www.CriminalAttorneySanDiego.com.

According to an Orange County Register report dated June 10, 2009, one of the year’s most talked about Southern California DUI cases just got a little more complicated. The April 9th drunken driving crash that took the lives of Anaheim Angels rookie pitcher, Nick Adenhart, along with two other young adults, merited national headlines when the story first broke. Now, new information has surfaced that may complicate the prosecution’s case.

The Facts Alleged

First, let’s recap the details of the accident. On April 9th, a 20 year-old Cal State student named Courtney Stewart was driving Adenhart and two other passengers, Jon Wilhite and Henry Pearson, when her Mitsubishi Eclipse was hit from the side by a minivan that had blasted through a red light. Stewart, Pearson, and Adenhart were all killed in the accident; Wilhite suffered seriously injuries and is still recuperating from them.

The driver of the minivan, Andrew Gallo, was tested two hours after the accident and found to have a blood alcohol concentration of 0.19% (CA’s legal limit is 0.08%).

New Twist -- A Double DUI

Now, more than two months after the crash, the Orange County Coroner has revealed that toxicology tests show that Courtney Stewart had also been DUI at the time of the accident! Stuart was a minor, so her BAC level of 0.06% definitely constituted DUI-level intoxication, per California law, which considers any minor driving with a BAC over 0.01% to be DUI.

The facts of the case (as alleged) still seem to support the prosecution’s argument that Gallo was solely responsible for the accident. However, the prosecution may now have more trouble proving its case against Gallo, particularly in the court of public opinion.

The general lesson here is that new facts can always emerge during the course of a San Diego DUI investigation that can complicate or even completely contradict one’s first impressions about relative guilt and innocence. That’s why it’s so important for people charged with drunk driving in San Diego to connect with capable, battle-proven attorneys, like Steven Brodsky. To find out more about the superlative track record and client-focused approach of Steven Brodsky and his associates, visit CriminalAttorneySanDiego.com now.

According to AP reports, Pete Doherty, the 30-year old lead singer and songwriter for the band Babyshambles, has been tagged for DUI in the English town of Gloucester. This arrest is Doherty’s second in fewer than seven days. A week ago, while on a British Airways flight through Geneva, Switzerland, local police arrested him for drug possession and drug use. He was released after paying a nominal fine.

Doherty’s band, Babyshambles, commands a small but loyal fan base here in San Diego. In addition to his singing career, Doherty is also renown for having dated supermodel Kate Moss.

According to police allegations, on Wednesday June 10th, Doherty played a solo gig in Gloucester. After finishing, he drove himself home from the show while intoxicated on alcohol and perhaps other drugs. Police spotted him weaving and driving erratically and signaled for him to pull over. Doherty initially attempted to evade pursuit but eventually gave himself up. He was arrested at the scene -- not only for DUI -- but also for failing to stop and for possession of illegal narcotics.

While celebrity DUIs are typically more common in Los Angeles and Southern California, Doherty’s arrest shows that drunk driving can occur anywhere. If you have been recently arrested for DUI, you may be feeling a range of emotions, from guilt to frustration to panic. To make the most rational choices for your future, you need the guidance of a well-respected San Diego DUI attorney. Find help now through the law offices of Stephen Brodsky. Learn more about us at CriminalAttorneySanDiego.com, or call or email our staff for to set up a free consultation.

San Diego and Orange County witness their fair share of DUI horror stories, but this week, an event out of Everett, Washington (of all places) has taken the cake as perhaps the most upsetting DUI arrest gone wrong in a while. According to numerous news reports, a middle-aged man was shot and killed by police outside a Chuckwagon Inn restaurant, following a confrontation in the restaurant’s parking lot.

Patrons at the Chuckwagon Inn reported that the yet-to-be-identified man had been drinking excessively. The bartender warned him not to drive, but the man insisted on heading to his car anyway. Concerned patrons phoned the police, who arrived on the scene and attempted to dissuade the man from getting into his white Corvette. He refused.

A series of confusing moments then followed. According to witness accounts, the police leaned in through the window of the Corvette and tasered the man. Somehow -- either in an involuntary reaction to the taser shock or in an attempt to flee the police -- the man slammed on the gas. The Corvette plowed into the fence surrounding the parking lot, bringing it down on a bystander (who was not injured). Officers reacted in a panic by opening fire on the fleeing vehicle, shattering the Corvette’s windows. The man suffered a fatal gunshot injury to his head and died at the scene.

Snohomish County Police are investigating the matter internally, and they have placed the officer who fired the shots on administrative leave while the matter is being reviewed.

DUI arrests – whether in San Diego, Orange County, or Everett, Washington – can get exceptionally complicated. Police officers acting on questionable judgment and adrenaline can make bad decisions that can cost drivers their freedoms… and even their lives. To build a smart DUI defense, you need a capable, veteran lawyer who can explain your rights and build a sound legal strategy for you. Look to the law offices of Steven Brodsky for assistance with your San Diego DUI case.

On April 14th, 2009, an OC Sheriff's Lieutenant named Erin Guidice slammed into a vehicle at a stoplight while driving drunk, according to a report from the Orange County's Sheriff's Office. Lt. Guidice--who was at the time the lead officer of the OC's Harbor Patrol--was arrested at the scene of the accident and charged with driving under the influence of alcohol.

According to allegations, Lt. Guidice had been driving an unmarked vehicle belonging to the OC Sheriff's Department when she hit a car at the intersection of the 5 Freeway and Jamboree Road. The other driver was not injured, and only minor property damages were reported. Officers gave the Lieutenant roadside sobriety tests and noted that she had trouble balancing, slurred speech, and bloodshot eyes. Later tests at the station revealed that her BAC was 0.14%--0.06% percent higher than the state's legal limit.

Authorities transferred Lt. Guidice to Theo Lacy Jail. Her arraignment has been scheduled for June 19 at the Harbor Justice Center in Newport Beach. If she's convicted of her DUI charge, Lt. Guidice could face ½ a year in jail as well as license suspensions and fines.

Even officers of the law charged with enforcing CA's DUI regulations can make mistakes. But just because you or a family member has transgressed DUI or DWI laws doesn't mean that you don't deserve a good defense. The attorneys here at The Law Offices of Stephen Brodsky may be able to help. Contact us at www.CriminalAttorneySanDiego.com for a free consultation.

According to wire service reports, on Friday May 29th, the California Highway Patrol arrested Thomas Newell, Sonoma County's top DUI enforcer, for suspicion of driving under the influence of drugs or alcohol. Newell had been driving a Mercedes-Benz on Bodega Highway in Santa Rosa, when a firefighter saw his car weaving recklessly. The firefighter alerted police, who pulled Newell over and arrested him.

In a statement recently released, Newell denied the charges. He claimed that his reckless driving had been brought on by a sudden illness. Newell is currently taking a variety of prescription medications to manage persistent pain brought on by hip replacement and knee surgeries. Police toxicology tests are pending--when results come back, authorities should be able to gauge whether Newell's defense holds up.

Newell's supervisor, Gino Giannavola, issued a written statement that Newell has been placed temporarily on leave pending the charges. Giannavola has not elaborated or responded to subsequent requests for information, citing the fact that the situation is an internal personnel matter.

If Newell is convicted, there is a good likelihood that he will lose his position as Sonoma County Department of Health Services' Supervisor for Drug and Alcohol Services. He may also face of fines of $1,000 or more as well as a driver's license suspension and jail time.

While some people might be tempted to flay Newell as a "hypocrite" for enforcing laws which he himself failed to obey, it's important to look beyond the superficial facts reported by the media. The truth is that police don't yet know whether Newell's defense will hold water--yet assumptions of his guilt have already manifested in the form of rumors and innuendo.

The takeaway is that it's never fair to judge a case based on superficial evidence--unfortunately, many DUI defendants are automatically presumed guilty in the court of public opinion. The good news is that the Law Offices of Stephen Brodsky can help DUI defendants have their arguments heard. To learn how to react effectively to your DUI charges, peruse www.CriminalAttorneySanDiego.com.

The Orange County Register has reported that Heather Elizabeth Azkoul has been convicted of hitting and killing Virginia Cordier in a January 2007 bike accident. According to reports, Ms. Azkoul had been speeding on Beach Boulevard in her 1994 Oldsmobile, when her car slammed into Ms. Cordier's bicycle, killing the biker instantly. Instead of stopping to help, Ms. Azkoul fled the scene in a panic. She was subsequently pulled over later, after being identified by a tow truck driver.

Police found that--a full hour and a half after the accident--Ms. Azkoul still had a BAC level of 0.18%-- 0.10% percent more than the state's legal limit. Ms. Azkoul's attorneys had argued that Ms. Cordier had been riding around without reflectors on her bike and driving in conditions of poor visibility. The jury, however, was not moved by these arguments. They convicted Ms. Azkoul on all counts. The defendant had been arrested for DUI twice before--once in 2002, once in 2004. Her sentencing is pending. She could receive as many as 20 years to life behind bars.

The tragic events of January 23, 2007 were likely only compounded by Ms. Azkoul's decision at the time to flee the scene of the accident. Humans naturally react to stress with "flight or fight" responses--but abandoning a biker you've just run over is neither moral nor legal.

If you ever get into a DUI crash, don't panic or flee the scene. This will only likely compound your legal woes. Instead, take compassionate action--without admitting guilt or otherwise self-incriminating. Then, as quickly as possible afterwards, get legal help to build a sound defense. The Law Offices of Stephen Brodsky may be able to assist. We offer free, totally confidential consultations. Get in touch with us at www.CriminalAttorneySanDiego.com.