San Diego DUI Attorney Blog

How might San Diego DUI laws and practices evolve over the next several decades? Given the diverse arrest trends and trends in driver behavior and automotive safety features, it can be incredibly difficult to read the tea leaves. But there’s a good likelihood that one or more of the following prognostications will come to pass:

1. More legal equivalence between DUI and Driving While Texting (DWT) -- preliminary studies clearly show that drivers who text or speak on the cell phone while on the road are more likely than non-distracted drivers to get into injury crashes. One widely publicized study found that truckers who texted were 23 times more likely than non-distracted drivers to crash. In short, it seems likely that the legislature at some point must recognize that DWT and driving while talking on the cell phone can be as dangerous as or even more dangerous than driving under the influence of alcohol and/or drugs.

2. Increased automotive safety features won't necessarily lead to a decrease in San Diego DUI injury crashes -- as Tom Vanderbilt points out in his engrossing book, Traffic, the advent of new automotive safety features has not historically reduced injury crashes. Instead, what seems to happen is that drivers’ road actions become more aggressive as safety features improve. For instance, as braking systems have become more responsive, drivers have adopted the habit of following other cars more closely, thus negating the safety impacts of the advanced technology.

3. Better substance abuse treatment programs may ultimately lead to a decline in San Diego DUI cases -- currently, many San Diego DUI treatment facilities utilize rehabilitation methods that just don’t seem to work, at least according to statistical reviews. For instance, studies have suggested that many treatment programs may be as ineffective as doing nothing at all. If we collectively can come to a better understanding about what alcohol and drug addiction is and how it can be treated, perhaps we can reduce the number and severity of incidences of driving under the influence in San Diego.

If you or a friend or a family member has been arrested for San Diego DUI, you likely will need to retain legal counsel. The Law Offices of Stephen R. Brodsky offer free, zero obligation consultations for potential San Diego DUI defendants. Find out more about Attorney Brodsky’s skills, successes, reputation, and philosophy at www.criminalattorneysandiego.com, or connect with someone today at 1-800-GOOD-ADVICE.

Most San Diego residents have a vague understanding of the dangers posed by driving under the influence in San Diego or other cities. However, a closer look at the statistics drills home the point that driving DUI in San Diego can lead horrific consequences.

According to numbers compiled by reputable institutions like the National Highway Traffic & Safety Administration, around a quarter of a million people have died in the past decade alone in the US as a result of alcohol-related crashes. That's about 25,000 deaths annually. Car crashes are the leading cause of death for young Americans between the ages of five and 35; of fatal crashes involving young people, at least 50% have involved alcohol or drugs. Over 700,000 people a year are injured in alcohol-related crashes. Young people (between age 16 and 24) are much more likely to drive under the influence than are adult Americans (age 24 and up). In fact, although only one in every five drivers on the road is between the ages of 16 and 24, more than 40% of all DUIs involve drivers in this age bracket.

The costs of DUI in San Diego and elsewhere in the United States are astronomic. A recent insurance company survey estimated that alcohol and drug related car crashes may account for upwards of $25 billion a year in excess costs. Among industrialized nations, America has a very high percentage of alcohol-related motor vehicle crashes. While car, truck, and motorcycle DUIs account for the majority of incidences of alcohol impairment, biking, boating, and small craft DUIs can also lead to severe danger.

If you or a loved one has recently been charged with DUI in San Diego, it’s a good idea to schedule a free appointment with a lawyer as quickly as possible to determine your best legal strategy. The Law Offices of Attorney Stephen Brodsky boast an extensive array of tools to help defendants come to term with their charges. Attorney Brodsky has practiced San Diego defense law for nearly 20 years, and he’s earned tremendous respect from his legal peers -- including judges and prosecutors. He runs an ethical, client focused, prevention focused practice, and he genuinely cares about the outcome of his cases -- both in terms of helping his clients get rehabilitated and in terms of helping promote a safer San Diego. Call 1-800-GOOD-ADVICE now to get help, or check out www.criminalattorneysandiego.com to learn more.

If you’ve been convicted of driving under the influence in San Diego within the past ten years, and you feel like you may be at risk for a relapse, you may require significant coaching to help you avoid putting your life and the lives of others in danger. Here are some general tips to help you avoid chalking up another San Diego DUI.

1. If you have a substance abuse problem, get treatment ASAP -- many (perhaps the majority) of substance abuse programs statistically just don’t work. Or rather, they work just as well as doing nothing at all. Look at candidate programs' long term rates of success. Don’t just look at the half-year and one year sobriety statistics: see how well other addicts have performed three and four years out of treatment. Doing research upfront to find a great program can make an incredible difference to your prognosis and hopefully prevent you from getting another San Diego DUI.

2. Keep track of your behaviors -- chances are that, when you flirt with driving under the influence in San Diego, your behavior follows patterns that repeat. For instance, maybe every Friday night after work, you go to a local bar and have a few drinks with coworkers. By keeping track of this behavior, you’ll quickly realize that you’re most at risk for driving DUI in San Diego on Friday nights. You can thus make arrangements in advance to avoid problems.

3. Foster a network of friends and others who can help you -- your AA counselor, best friend, probation officer, brother, landlord, or any other interested party can potentially be useful in helping you control your behavior, stay sober, and avoid getting behind the wheel if you’ve had too much to drink. Again, making advance preparations is key. Make sure you have several sources of help available in the event that your primary supporter is preoccupied.

4. If you do collect a second San Diego DUI charge, retain a reputable attorney -- Stephen R. Brodsky is a veteran San Diego DUI defense lawyer with nearly two decades of experience. He understands the CA court system inside and out, and he’s won many complicated cases and has amassed literally hundreds of victories for clients in similar circumstances. Call 1-800-GOOD-ADVICE today, or discover more about the Law Offices of Stephen Brodsky at www.criminalattorneysandiego.com.

This blog often discusses the emotional, financial, and legal perils of driving under the influence in San Diego often. Today, we’re going to address prophylactic measures. Specifically, what can you and your family can do to reduce San Diego DUI events and thus help keep our city’s streets safer?

1. Carpool more -- studies seem to suggest that carpooling may reduce DUI events. By teaming up with another driver, you automatically get paired up with a potential designated driver in the event that one of you gets too intoxicated to safely get behind the wheel (e.g. indulges too much at a company function).
2. Plan ahead more -- most drivers who get pulled over for DUI in San Diego do not leave their driveways intending to drive under the influence. If you plan on enjoying the festivities at a wedding or letting loose at karaoke night, designate a sober driver beforehand, or leave the car at home and call a taxicab. It's always a good idea to keep names and numbers of local cabbies on your cell phone in the event of emergencies.
3. Learn about the consequences of DUI in San Diego -- often, drivers take needless risks simply because they don’t understand the legal, financial, or health consequences of flouting San Diego DUI laws. Even if you’re “lucky” and end up with just a misdemeanor, a small amount of jail time, and some light fines, that's going to be highly disruptive. If you’re unlucky, you can wind up with a felony DUI or you can even seriously hurt or kill another person.
4. Get good help for substance abuse issues -- alcoholism and addiction are widely misunderstood. Many treatment centers argue that addicts engage in dangerous behavior because they’re "powerless." However, research shows that many addicts drink or use drugs as a means of empowerment. That about it. During that split second when you make the decision to drink or take a drug, you feel briefly back in control of your destiny. Unfortunately, this kind of control-taking is maladaptive. Thus, it's often helpful to find some other way to “take control” when circumstances feel like they’re spinning out of control. For instance, meditation can help you recognize your feelings “in the moment” and thus help you make better choices.

For answers to your legal questions about San Diego DUI, turn to Attorney Stephen Brodsky. For nearly two decades, Attorney Brodsky has delivered results for Southern California defendants. Please read more about Attorney Brodsky’s approach, background, and case successes at www.criminalattorneysandiego.com, or phone 1-800-GOOD-ADVICE today to book a confidential appointment regarding your San Diego DUI or criminal matter.

For decades, most Americans have been inundated with facts and studies about how dangerous driving under the influence of alcohol or drugs can be -- both for themselves and for other drivers on the road. However, the anti-drunk driving hysteria has created not a small amount of confusion among law enforcement agents, drivers, and even legislators. Let’s try to separate some of the myths about San Diego DUI from the facts as represented by best science (i.e. double blind, clinically controlled studies).

Myth #1 -- individuals with low BAC (blood alcohol concentration) levels are more likely to get into accidents than are individuals with BACs approaching 0%.

Reality: studies suggest that drivers who have very low BAC levels are no more likely to get into crashes than are drivers who’ve had nothing to drink.

Myth #2 -- a breathalyzer test can adequately determine BAC levels.

Reality: breathalyzer tests are highly flawed. They’re subject to testing biases, interpretation biases, equipment malfunction, and a host of other technical flaws. In addition, one’s breath alcohol content does not necessarily correlate with one’s blood alcohol content. For instance, it's possible to have a BAC that’s over the legal limit for San Diego DUI and test as under the limit on a breathalyzer test; conversely, it's possible to test as over the DUI limit while having an actual BAC that’s below the legal limit.

Myth #3 -- your BAC level correlates precisely with your level of impairment.

Reality: although your BAC level generally correlates with your level of impairment, many factors can be at play. Factors like weight, height, cultural background, whether or not an individual is on prescription medications, and even the color of the car a person drives (!) can impact impairment. In other words, it's not a simple one-to-one correlation between BAC level and level of impairment.

To build a solid case to defend against your San Diego DUI charges, you need to understand the scientific facts about how alcohol can impair driver performance. Look to Attorney Stephen Brodsky for help developing and fine tuning your defense strategy. Attorney Brodsky has helped literally hundreds of Southern California defendants since 1988. He has a superb record both at settlement hearings and at trial, and he understands how to put clients at ease and make them feel like they are back in control of their destinies. For testimonials, firm philosophy, and more information about Attorney Brodsky’s background, please peruse www.criminalattorneysandiego.com, or email the offices or call 1-800-GOOD-ADVICE to schedule a confidential, free consultation.

Practically every educated person knows that it’s risky to drink alcohol and then get behind the wheel of a motor vehicle. Punishments for a San Diego DUI can include steep fines, probation, mandatory schooling, license suspensions, and even jail time. But recent studies -- including one published on July 28 on the front page of The New York Times -- indicate that driving while text messaging can be even more deadly than driving under the influence.

Although DWT (driving while texting) is illegal in California, the punishment for violating anti DWT laws tends to be far more mild than the punishment for violating DUI laws. In 2008, for instance, California Troopers issued just 12,000 DWT tickets a month on average. Yet studies by organizations such as the American Automobile Association (AAA) suggest that DWT can increase the likelihood of an accident by as much as 50%. The July 28, 2009 New York Times article cited research that showed that truckers who drove DWT were 23 times more likely to get into an accident than were truckers who were not distracted while driving. On average, the truckers looked away for a full five seconds every time they texted. For a truck traveling on the highway at normal speed, this could equate to a distance of about 100 yards -- the length of a football field.

The fact that driving while texting is far more dangerous than many people realize does not mean that driving under the influence is any more safe. However, it suggests that society and lawmakers might want to reevaluate their priorities. Our society seems quick to demonize individuals with substance abuse problems, but we seem far more loathe to call out people for doing something as "innocent" as sending text messages. But if these studies are even in the ballpark, a reprioritization of what we consider acceptable driving behavior is in order.
If you’ve been arrested for driving while texting or driving under the influence in San Diego, you may need legal representation to help you figure out your defense strategy. The law offices of Stephen Brodsky can deliver. For over 18 years, Attorney Brodsky has battled hard for his San Diego criminal and DUI defense clients, and he has the fortitude, knowledge of the law, and intuition for how to construct good and compelling arguments. Connect with Attorney Brodsky by dialing 1-800-GOOD-ADVICE or by emailing an associate through his site, www.criminalattorneysandiego.com.

A US Navy Petty Officer named Jonathan Campos has been arrested and detained in his ship’s brig for the shooting murder of a fellow seaman, Boatswains Mate August Provost III. The Naval Criminal Investigative Services (NCIS) arrested Campos July 1st in connection with the June 30 shooting. Just ten days prior to the murder, Campos had been arrested for driving under the influence in Imperial Beach, California. In addition to the Southern California DUI charge, Petty Officer Campos also faces charges for possession of hallucinogenic mushrooms, attempt to commit arson, breaking and entering, unauthorized absence from the Navy, and robbery.

The murdered seaman’s family claims that Campos murdered Provost due to his sexuality. They have been urging the Navy to treat the incident as a hate crime. According to the family, Seaman Provost had complained multiple times about harassment, but he never lodged an official complaint due to the Navy's strict "don’t ask, don’t tell" policy. (He allegedly feared that, had he revealed his homosexual dispensation, he could have been removed from his post.)

Given the slate of serious charges against Petty Officer Campos, the Navy has called for an Article 32 Investigation Hearing – which is essentially NCIS' version of a Grand Jury trial. Even if Officer Campos is not convicted of a hate crime, if he is convicted of the shooting as well as of the other charges pending against him, he could face many years behind bars as well as a variety of other penalties.

If you’ve been arrested while driving under the influence in San Diego while on leave from the Armed Forces, you may need a lawyer who has experience both with Southern California DUI law and with US Naval proceedings. Attorney Stephen Brodsky has that experience. Upon graduating from law school in the mid ‘80s, Attorney Brodsky worked as a Navy Judge Advocate for the federal government. In 1988, he left this post to start his own law practice. For nearly two decades, Attorney Brodsky has fought vigorously on the behalf of literally hundreds of San Diego criminal and DUI defendants, and he knows the ins and outs of both the Southern California civil court system and the US Navy’s internal justice system. For immediate help with your pressing legal questions, contact Attorney Brodsky either at 1-800-GOOD-ADVICE or at www.criminalattorneysandiego.com.

Several weeks ago, this blog covered the epic legal battle between Escondido native, Rachel Leanne Silva, and off-duty San Diego Police Officer, Frank White. Silva allegedly attacked White in a road rage incident, and the officer responded by firing his gun at her, inadvertently injuring her and her eight year-old child.

Silva and White have gone through parallel trials – Silva has faced counts of driving under the influence in San Diego and child endangerment. White, on the other hand, has had to deal with charges of negligently using his police-issued weapon. Although the incident took place last March, it took until November 2008 for Silva to enter a guilty plea to child endangerment and San Diego DUI. More than half a year after that plea, on Thursday, July 23, the presiding judge in Silva's criminal trial, Judge David Danielson, finally handed out a verdict: instead of getting four years in prison, Silva must serve five years of probation.

Officer White and his wife, Jacqueline, reacted with displeasure to the judge’s decision. The couple maintains that Silva’s reckless actions traumatized them. Jacqueline White has even claimed that she now suffers from Post Traumatic Stress Syndrome stemming from the incident.

If you’ve been involved in a complicated case of driving under the influence of drugs or alcohol in San Diego, you may need the help of a lawyer who understands the Southern California court system through and through and who has demonstrated excellent results – even for clients whose cases aren’t standard. Attorney Stephen Brodsky can help you build a strong, logical, and emotionally compelling case based on good law and best practices. For over 18 years, Attorney Brodsky has delivered for his clients, who now number in the hundreds. Please peruse www.criminalattorneysandiego.com for more details about Attorney Brodsky’s practice, or email the offices to set up a free, totally confidential consultation. You can also dial 1-800-GOOD-ADVICE to connect with help now regarding your complicated San Diego DUI matter.

A tragic and disturbing Southern California felony DUI case that has gripped Orange County and San Diego County has come to a conclusion. Danny Ruiz, a Laguna Hills man, has been convicted of two felony murder counts stemming from a San Clemente DUI crash last May that took the lives of both his girlfriend and her unborn child. Ruiz and his girlfriend (Andrea Gerdon) had attended a wedding ceremony: they were en route home, when Ruiz lost control of his Blazer and slammed into a palm tree. The police tested Ruiz’s blood alcohol concentration and found that he had a BAC of 0.17% - more than double the state’s allowable limit. Ruiz had previously been convicted of two other crimes – a carjacking in 1995 and a robbery in 1991. The judge has set a sentencing hearing for October, at which Ruiz could face a sentence of life in prison for the crime.

If you or a loved one has been involved in a fatal felony DUI accident in San Diego or Southern California, you may need an aggressive and knowledgeable lawyer to help you figure out what to do to avoid worst case scenario penalties, such as massive fines or long jail sentences. While retaining an adept attorney, like Stephen Brodsky, won't solve all of your legal problems, a good lawyer can structure your defense and help you develop realistic plans to achieve best-case scenarios. In some cases, it may be possible to plea bargain felony DUI charges down to simple misdemeanors. In other cases, you can challenge charges based on faulty sobriety tests, police bias, improper police procedure, or other factors. To explore your DUI defense options today, get in touch with Attorney Brodsky today by dialing 1-800-GOOD-ADVICE (toll free) or by emailing his law offices via www.criminalattorneysandiego.com. Attorney Brodsky provides free, completely confidential consultations for potential clients, and he has nearly twenty years of experience helping area defendants get fair and just hearings for their cases.

Misinformation about what constitutes driving under the influence in San Diego abounds. Here are a few of the most prevalent myths about DUI in Southern California -- debunked.

Myth #1: Trained officers can easily pick out drunken drivers by using Field Sobriety Tests.

Truth: Field Sobriety Tests are vastly more unreliable than most people – even most judges and juries -- realize. Studies have demonstrated, for instance, that completely sober people who take these tests will be judged intoxicated nearly half the time. Think about that. Even police officers who have been trained in how to administrate field tests will falsely identify a sober person as DUI nearly 50% of the time! That’s a catastrophically large margin of error.

Myth # 2: If you're a diabetic or if you suffer from other metabolic problems, and you're pulled over for suspected DUI, a breathalyzer test will clear you of suspicion.

Truth: Breathalyzer tests notoriously mis-record the BACs of diabetics. The reason is that these individuals produce compounds called acetones, which most breathalyzers interpret as alcohol compounds. Thus, a completely sober diabetic may blow into a breathalyzer and record a blood-alcohol concentration of 0.08% or above -- high enough to get arrested for DUI in Southern California!

Myth #3: Breathalyzer tests don’t have a wide margin or error.

Truth: Breathalyzer tests can show huge variability. In particular, the way a suspect breathes into the breathalyzer can dramatically influence results. The first "early breath" into the machine inevitably yields a lower-than-realistic BAC; the last part of the exhale yields a higher-than-realistic BAC. Police officers know this and often encourage San Diego DUI suspects to blow as deeply as possible to skew the results of the test, so it looks like the suspect has a higher BAC than he or she actually does!

Myth #4: Chewing on a stick of gum or sucking on pennies will help you defeat a breathalyzer.

Truth: Chewing gum may help you relax and relieve the stress of an arrest. But it won‘t lower your breathalyzer test score.

Myth #5: An officer who “smells alcohol on your breath” can tell whether or not you are DUI.

Truth: Ethyl alcohol is an odorless chemical. An officer can pick up scents from ingredients in the alcohol beverages you drank. But there's no way he can smell the alcohol "itself." For instance, if you drank alcohol-free margaritas all evening long, and then an officer pulled you over, he may very well think that he can smell "alcohol" on your breath (even though you consumed none). But in reality he can only pick up scents from the ingredients in the margaritas.

To develop a more effective defense against San Diego DUI charges, you may need a hard-charging, aggressive, and creative attorney on your side – someone who has the experience, knowledge, and compassion to provide top-caliber service. Find out how the law firm of Stephen Brodsky & Associates can serve you today here at www.criminalattorneysandiego.com, or call or email the offices to book a consultation.

Happily, the number of San Diego DUI incidents over the holiday weekend was down significantly from 2008, despite the fact that over 200,000 more people hit the beaches in 2009 than did in 2008. According to the San Diego Union Tribune, the California Highway Patrol arrested 77 individuals for DUI in San Diego over the holiday weekend. – eight fewer DUIs than police handed out in 2008. Fortunately, no DUI related deaths in San Diego occurred over the July 4th weekend, despite the fact that around 1.2 million patriots visited the beaches.

The DUI numbers for California overall were not as sanguine. In fact, the California Highway Patrol arrested 1,033 individuals on suspicion of DUI – 62 more arrests than they made last year during the same holiday weekend. All told, throughout the state, the CHP recorded 12 DUI-related vehicle deaths.

So what do these statistics tell us about how San Diego DUI arrests may be trending? Given the relatively small sample size, it’s difficult to say what, if anything, this dip in DUI arrests in San Diego County might mean. The dip could simply be statistical noise; or it could indicate that local rehab programs and DUI education campaigns may be working to more positive effect.

If you or a loved one was charged with DUI in San Diego during the holiday weekend, you may need a lawyer to defend your rights and help you avoid maximum penalties for your offence. Book a free consultation today with attorney Stephen Brodsky, one of the Southland’s most well-reputed, experienced, and aggressive lawyers. Find out more about attorney Brodsky’s philosophy, reputation, and track record at www.criminalattorneysandiego.com today.

When Matt Bush merited a signing bonus of over three million dollars in the first round of he 2004 Major League Baseball draft, the sky seemed the limit. Five years later, however, Bush, now 23, faces a baseball career in tatters and potential jail time stemming from a June 28 San Diego DUI. According to police reports, Bush had been throwing objects at cars in the Mission Hills area. He subsequently hopped into his car and backed it into another car, then drove away without leaving a note. Police pulled him over in a nearby parking lot.

In addition to his San Diego DUI charges, Bush faces a charge of misdemeanor battery pertaining to a separate incident earlier in the year, in which he allegedly harassed high school students in the middle of a lacrosse practice. Following that arrest, the San Diego Padres released him from employ. (The Toronto Blue Jays had traded Bush to San Diego in March, after Bush allegedly assaulted a woman by throwing a baseball at her head and banging his fists on her car window.)

According to wire reports, the 23 year old has committed himself to a residential rehab program. Prosecutors may seek to make hay out of Bush’s recent streak of criminal arrests, but the defendant's willingness to cooperate and seek treatment may help mitigate his sentencing somewhat.

If you or someone you know has been involved in a San Diego DUI incident, you may need an experienced attorney to make sure that you get the best possible defense under the law. Connect with the firm of Stephen Brodsky & Associates today to develop a cogent strategy to manage your charges. Find out more about Stephen Brodsky’s track record and client-focused approach here at www.criminalattorneysandiego.com, or book a free consultation online today with attorney Brodsky.

According to a June 21st report in the Orange County Weekly magazine, a popular pastor named Stephen Eugene Galiher, has been arrested and charged with two felony DUI counts after hitting a 70 year old man on April 26th.

Facts of the Case

Mr. Galiher had allegedly been traveling at over 85 miles an hour in a BMW near the intersection of the 55 and the 73 Freeways, when he slammed into another car on the road, causing it to career wildly and actually flip over twice. California Highway Patrol officers who came to the scene found Mr. Galiher (who serves as the main pastor at Tennessee’s Trinity Music City Church) with bloodshot eyes and smelling strongly of alcohol. Mr. Galiher confessed at the scene to having had a few glasses of wine and subsequently failed sobriety tests. It is unknown what his blood alcohol concentration level was at the time, since police have not yet released relevant reports.

Orange County Superior Court convicted Mr. Galiher of felony DUI on May 22nd and released him after he met a $100,000 bail. The man Mr. Galiher hit is still recovering from his injuries, which include broken bones and ribs and difficulty walking.

Injury DUIs in Southern California can be quite serious business, and the pastor could face significant jail time, fines, and other repercussions for his reckless and negligent actions. If you or someone you care about has caused a DUI injury crash in Southern California or San Diego, you may need proactive legal help to avoid having to pay the stiffest penalties mandated by law and to rehabilitate yourself as effectively as possible. The good news is that the Law Offices of Stephen Brodsky may be able to assist you. Read more about us here at CriminalAttorneySanDiego.com, or contact us ASAP to set up a free and completely confidential discussion.