San Diego DUI Attorney Blog

According to an August 4 report in the Los Angeles Times, the California Highway Patrol’s Oceanside Division has won a wealth of resources to combat San Diego DUI on State Route 76. Police statistics show that a 38 mile stretch of Route 76 near the casinos has proven particularly dangerous over the past three years -- it's witnessed over 300 injuries and 13 deaths related to driving under the influence in San Diego.

The State Office of Highway Safety earmarked the money (more than $260,000) to establish additional sobriety checkpoints as well as patrols for DUI. These measures should go into effect starting in September and will last through March 2011.

Obviously, police efforts to rid San Diego highways of drivers who flagrantly violate DUI and DWI laws can and do save lives. Additional patrols and checkpoints might act as a deterrent. But it’s also key to look “outside the box” at other factors that can influence driver behavior. For instance, the proximity of the freeway to the casinos seems to have a provocative effect.

Perhaps if the casinos implemented better policies to deter drunken visitors from driving, the result could be a win-win-win. The casinos could win because they wouldn’t have to deal with bad press relating to DUI crashes nearby. Law enforcement officials would win because they could reduce San Diego DUI arrests along this deadly stretch of road. And drivers would win because fewer people would drive under the influence to begin with. The point is that, to create effective policy to staunch southern California DUI events, a less reactive and myopic approach may be called for.

If you or a family member has been charged with an Oceanside DUI, you'll likely need sound legal representation. Find out more about the services of Attorney Stephen R. Brodsky. Since 1988, Attorney Brodsky and his associates have battled hard on behalf of CA defendants, and they’ve delivered results time and again. Call 1-800-GOOD-ADVICE or email Attorney Brodsky through his website, WWW.CRIMINALATTORNEYSANDIEGO.COM.com, for a free, completely confidential consultation.

A San Diego DUI accident took the life of a 34 year-old Santee man named Patrick Elerding Tuesday morning, August 18, per a story from the San Diego Union Tribune. According to investigators from the Medical Examiner's office and the California Highway Patrol, the accident took place in the early morning hours. Elerding had been riding in the passenger seat of a 1990 Volvo driven by another San Diego man named Nico Faulk, 37. While heading west on El Monte Road, Mr. Faulk apparently lost control of the station wagon. He then corrected too much and careered over the yellow median dividers into an oak tree. An off duty police officer and paramedics quickly arrived at the scene, but they were too late to save Mr. Elerding, who was pronounced dead. Mr. Faulk suffered injuries to his back.

Mr. Faulk faces charges of felony DUI in San Diego as well as vehicular manslaughter. If convicted, he could face many years in jail and additionally be compelled to pay fines and court costs, attend alcohol school, undergo probation, have his driver’s license suspended.

The legal BAC limit for a San Diego DUI is 0.08%. But even if your BAC level is below that, you can still be convicted of a felony DUI in Southern California depending on the circumstances of your accident, such as the degree of your negligence, and whether or not you had also consumed illegal narcotics. Drivers under the age of 21 face an even stricter standard, since they cannot legally consume alcohol in the first place.

Defending against charges of San Diego felony DUI or vehicular manslaughter can be challenging, emotionally taxing, and isolating. Even close friends and family members who otherwise might be supportive can prejudge you and give you even less of the benefit of the doubt than the legal system offers you. In this hard time, you need compassionate assistance from a qualified, battle proven San Diego felony DUI attorney. Attorney Stephen R. Brodsky can fight on your behalf. For nearly two decades, Attorney Brodsky has defended literally hundreds of individuals accused of violating the state law. He also served for a time as a prosecutor for the US Government as a Navy Judge Advocate, so he brings to bear an additional perspective that can help you.

To learn more about how Mr. Brodsky can help defend you from the intimidating charges, connect with him now at WWW.CRIMINALATTORNEYSANDIEGO.COM, or call 1-800-GOOD-ADVICE for immediate assistance. Consultations are free, and hablamos Español.

An August 8 article in the San Diego News Examiner reports that the FBI, the California Highway Patrol, and the US Department of Transportation just released statistics that show that he number of female DUI offenders seems to be on the rise. While arrests for DUI in southern California overall have declined over the past decade, the trend lines for women DUI in San Diego have gone the other way.

Per the CHP, women between the ages of 18 and 24 caused 110 injury DUI crashes -- up from 49 a decade ago. Younger female drivers -- under 20 years old -- caused 100 fatal or injury DUI accidents. According to the FBI, in 2007, women accounted for nearly one out of every five DUI arrests -- that’s up significantly from the 1990s, when women accounted for less than 14% of all DUIs.

The San Diego News Examiner article also reported that a report put together by the Pacific Institute for Research & Evaluation found that alcohol related accidents and secondary costs from those accidents leach $130 billion from the US economy annually.

There is a silver lining, however. The US Department of Transportation found that fatalities stemming from DUI accidents have steadily declined this decade. They reached their lowest number -- 11,773 -- in 2008. Early statistics from 2009 confirm this downward movement. And while female San Diego DUI incidents seem to be on the rise, male DUI cases seem to be on the wane.

If you're a woman who’s recently been arrested for driving under the influence in San Diego County, a veteran attorney can strategize an appropriate defense for you. Call Attorney Stephen R. Brodsky -- one of the city’s most prestigious, credentialed, and results-proven DUI lawyers -- at 1-800-GOOD-ADVICE for a free and immediate consultation. Or explore Attorney Brodsky’s website, WWW.CRIMINALATTORNEYSANDIEGO.COM, to learn more about his approach and his verdicts, and to take advantage of many unique informational resources on DUI and San Diego Law.

California’s Fire Protection Service Chief, Del Walters, has been arrested on charges of driving under the influence in CA. According to an August 25 news release out of Sacramento, the incident occurred Friday afternoon after a California Highway Patrol officer pulled Mr. Walters over in his Nissan 350Z.

For 35 years, Mr. Walters dedicated himself to protecting Californians and making the environment safer. Following his arrest and detention at the Plumas County Correctional Center, he issued a written apology to the state's citizens, saying “to all Californians, I acknowledge that this incident contradicts my entire professional career dedicated to public safety.”

So far, Mr. Walters' supporters, such as the head of the California Department of Forestry & Fire Protection Unit, have rallied around the beleaguered chief. It remains to be seen how his California DUI case will be prosecuted.

A battle hardened California DUI attorney, such as Stephen R. Brodsky, can help you if you’ve similarly been charged with driving under the influence. Oftentimes, in the wake a DUI arrest, defendants feel anxious, overwhelmed, and confused by their rights and options. For over twenty years, Attorney Brodsky and his team have fought hard to defend the rights of hundreds of individuals accused of driving under the influence in San Diego and elsewhere in California.

Attorney Brodsky knows the laws, and he uses a rigorous and thorough approach to look for ways to fend off charges and/or reduce the severity of sentencing. Find out more about how his tireless efforts have helped people in your situation at WWW.CRIMINALATTORNEYSANDIEGO.COM; or phone 1-800-GOOD-ADVICE right now to discuss the details of your arrest. Your consultation will be free and completely confidential.

Tragedy struck the town of Bakersfield, California, on Thursday August 6 when Maria Rodriguez, a 54 year-old mother of eight and grandmother of 15, was hit by a speeding DUI driver while crossing the street. Rodriguez, who was a native of Mexico who became a full-fledged U.S. citizen in 2004, died at the scene.

The incident occurred at around 10:00 pm, when she crossed Height Street. Allegedly, a car saw Ms. Rodriguez and stopped to let her pass. But then another driver, who had been racing down at speeds approaching 100 mph, swerved around the first car and ran over the victim. The driver, a 25 year-old man named Louis Munoz Jr., fled from the scene. Bakersfield police gave chase, pulled him over, and then jailed him on charges of gross vehicular manslaughter while DUI, hit and run, and felony DUI. Mr. Munoz Jr. is being held on a bail of $130,000.

For the heartbroken children and grandchildren of Ms. Rodriguez, the pain of this tragedy must be overwhelming. If the allegations are true, Mr. Munoz Jr. could face a lengthy prison sentence as well as steep fines and other punishment and penalties, including loss of his driver’s license.

If you or loved on has tragically been involved in a felony DUI or a fatal DUI accident in San Diego, never flee from the scene. Doing so can exacerbate your problems and potentially add years to your prison sentence. Instead, get medical help as soon as possible, and contact a San Diego County DUI lawyer, such as Stephen R. Brodsky. The better you understand your rights and obligations under the law, the better your chances will be of defending against the charges against you. If you need help now -- whether it’s the middle of the night or even a holiday -- call Attorney Brodsky for a free, no obligation, and confidential consultation at 1-800-GOOD-ADVICE. Or to learn more about the consequences of being arrested for gross vehicular manslaughter while DUI in California, peruse Attorney Brodsky’s website at WWW.CRIMINALATTORNEYSANDIEGO.COM.

According to a CBS news report, police simultaneously arrested both members of a Santa Rosa couple, Eric and Virginia Stockstad, on August 19 for DUI in California. A spokesperson for the California Highway Patrol (CHP) reported that Eric Stockstad drove his Plymouth Voyager into a ditch on Mountain View Road at 4:30 pm. Patrol officers found the vehicle and determined that Mr. Stockstad had been driving under the influence. As they were in the middle of booking him for DUI, his wife, Virginia, pulled up in her Ford Focus. Officers noted that she, too, exhibited signs of drunkenness, and they arrested her as well. The couple was taken to the Senoma County jail and released after posting a $5,000 bail.

Often, visitors to the lush Napa Valley and Sonoma Valley regions of California indulge in alcohol while touring local vineyards. Unfortunately, the practice of motoring from vineyard to vineyard to taste wines can be quite dangerous and can result in California DUI arrests, accidents, and even serious injuries and fatalities.

If you're in a situation where you don't know whether you're over the legal limit (a BAC level of 0.08% in California), err on the side of caution. Call a cab. Or call a designated driver. Don't risk the harsh penalties for driving under the influence in California, which include, among other things, probation, fines, court costs, mandatory alcohol school, license suspension, and even jail time.

Of course, just because the police arrested you for DUI in Southern California doesn’t mean that you necessarily were legally DUI. Breathalyzer tests are notoriously inaccurate. And even when the police process a BAC analysis correctly and follow evidentiary chain of custody rules to a tee; the tests may still give bad or misleading results.

An experienced DUI lawyer, like Stephen R. Brodsky, can investigate every aspect of your arrest and probe for ways to exploit weaknesses in the prosecution’s case. Read more about Attorney Brodsky’s DUI defense victories at WWW.CRIMINALATTORNEYSANDIEGO.COM, or connect with him for free and at no obligation by calling 1-800-GOOD-ADVICE.

If you’ve been smacked with a charge of driving under the influence in San Diego, chances are you won't get much sympathy from the mainstream media or from fellow motorists. After all, most of us have been hit over the head for years with the message that driving DUI in San Diego (or anywhere else) is a dangerous and morally abhorrent act. And, truth be told, statistics support the thesis that driving while intoxicated can cause drivers to be more distracted and get into more accidents.

At the same time, however, while drunken drivers get pilloried, drivers who talk or text on their cell phones don’t face nearly the same level of moral opprobrium. In fact, significant scientific data seem to show that driving while texting or driving while talking on the cell phone is as dangerous as (or even possibly more dangerous than!) driving under the influence of alcohol.

Americans have long had a love hate relationship with spirits. Our national experiment with Prohibition in the 1920s and the subsequent backlash to Prohibition, for instance, demonstrated our passionate, almost bipolar relationship with alcohol. But we have no such collective love-hate feelings regarding cell phones. In fact, our associations with cell phones are by and large positive. Thus, it's difficult for us to equate the dangers of driving while texting/calling with the dangers of driving drunk. Even though the data tell us otherwise, we think of these crimes as extremely different from one another. But the more we look dispassionately at the data, the more it seems that it's not the KIND of distraction that matters but rather it’s the FACT that we're distracted at all that makes the difference. In other words, bad driving stems from a lack of attention. The nature of the distraction -- alcohol, a text message, a hamburger -- seems to play a surprisingly minor role. When we forget that other cars contain other human beings, we make stupid and dangerous decisions.

This argument is not intended to excuse individuals who drive under the influence in San Diego of their reckless behavior. However, it does suggest that our moral outrage at DUI drivers is either misplaced or too narrowly focused. Maybe we need to outlaw ALL driver distractions, including cell phones, texting, DUI, food, and perhaps even music. The point its, our laws and policies should be based on good scientific data, not on arbitrary cultural fashions.

For intelligent, aggressive, and attentive help with your San Diego DUI matter, get in touch with Attorney Stephen R. Brodsky now by phoning 1-800-GOOD-ADVICE or by emailing him at his website, WWW.CRIMINALATTORNEYSANDIEGO.COM. With your rights and freedom on the line, you need and deserve top notch legal representation.

According to an Associated Press release dated August 3, 2009, an as of yet unidentified 9 year-old girl has been killed in a tragic accident on the 5 Freeway in Oceanside. Per the report of a California Highway Patrol officer, the accident occurred at around 1:00 a.m. Monday when a Lexus careered into a big rig truck at around 50 mph. The driver of the Lexus, Michael Wright Jr. (of Commerce, CA), apparently did not notice some roadwork ahead and plowed into two other cars before smashing into the rig. Two other drivers suffered minor injuries, and no other serious injuries or fatalities were reported.

Officers arrested Mr. Wright at the scene for gross vehicular manslaughter while intoxicated. That charge is one of the most serious San Diego DUI homicide charges. To convict a defendant of gross vehicular manslaughter, the prosecution faces a high burden of proof. Showing that a driver was “careless” won’t meet that standard. The driver had to have engaged in behavior that was negligent to the point that a reasonable person would have recognized that it was risky and could lead to serious injury or death. Furthermore, the negligent behavior must be shown to have led to the alleged injury or death.

If you or someone you love faces a charge of gross vehicular manslaughter or felony DUI in San Diego, you'll likely need a stout legal defense to avoid the worst punishments and to ensure that your rights are protected. Vehicular manslaughter cases -- particularly those in which drug use or alcohol use is alleged -- can be emotionally explosive. It’s easy for outside parties in the media -- or even in your own family or workplace -- to come to conclusions about your guilt before hearing all the evidence. Often, a good legal investigation can reveal powerful defensive arguments. For instance, maybe the blood alcohol test administered gave incorrect results, which might exonerate you. Or maybe some other as yet unidentified factor, such as the negligence of a third driver or poor signage or lighting, caused or partially contributed to the accident.

The point is, to craft a thorough defense, you need a San Diego DUI attorney with the experience, compassion, and attention to detail to get the job done. Stephen R. Brodsky has been practicing criminal law in San Diego exclusively since 1988, and he’s served hundreds of defendants. To find out more about his track record, philosophy, and credentials, visit WWW.CRIMINALATTORNEYSANDIEGO.COM.com, or phone 1-800-GOOD-ADVICE today to get immediate help with your felony DUI defense.

Have you been arrested for driving under the influence in San Diego? If so, why? This sounds like a simple, perhaps even stupid, question. But amazingly enough, most people don't understand the methods police officers use to determine whether a suspect is in fact DUI.

Here are some of the signs they look for:

1. Appearance clues.

Does the driver look flushed or pale or have bloodshot or glassy eyes? Ethanol consumption slows pupil reaction in some people and leads to other physical symptoms, such as sweating, a racing pulse, and even tremors, in others.
The problem with using physical symptoms to determine DUI is that arresting officers have no point of reference. That is, they've likely never seen the suspect when he's NOT under suspicion for DUI. For instance, maybe an individual who sweats a lot and has bloodshot glassy eyes just looks like that all the time. Seriously. Medical conditions such as extreme obesity can cause such symptoms in completely sober people. In other words, although IN GENERAL ethanol consumption causes certain physical symptoms to manifest, it's very difficult to deduce an unknown individual’s level of drunkenness based on a cursory physical inspection.

2. Clues based on coordination, behavior, and speech.

In general, inebriated individuals cannot complete tasks that require excessive coordination. Their speech may be rambling, incoherent, or disassociative. Their attitudes may range from belligerent to depressed to giddy and so on. Again, unless an officer has a “baseline assessment” of a person when he’s sober, it's next to impossible to ascertain whether any particular behavioral characteristic can be directly attributed to alcohol intoxication. For instance, a suspect may lose coordination or become giddy out of nervousness at being pulled over. As a result, this person might be arrested for a San Diego DUI. Conversely, another suspect (who's gone through extensive martial arts training, for instance) may be able to pass a coordination test with flying colors even with a BAC three times the legal limit.

3. Tests

If observational attempts to determine a driver’s level of intoxication don’t work, what about more scientific tests, such as breathalyzer and blood alcohol tests? These, too, have their flaws. Breathalyzer tests can be badly deployed and misinterpreted. And while blood tests tend to fair better as far as accuracy's concerned, problems can also abound with respect to the interpretation of their results.

All told, therefore, it's important to note that the prosecution’s evidence of your drunkenness may be much more flimsy than you’ve been led to believe. But to fight effectively against these charges, you likely need the help of an experienced, attentive, and battle tested lawyer, like Attorney Stephen R. Brodsky. Learn more about what sets Attorney Brodsky and his team apart at WWW.CRIMINALATTORNEYSANDIEGO.COM, or phone toll free now to get immediate assistance at 1-800-GOOD-ADVICE.

According to a North County Times article, a diverse assortment of patrol officers from the Escondido’s sheriff’s department, the San Diego Police Force, and the University of California San Diego Police Department combined resources in a massive DUI probe over the weekend that resulted in the handing out of 36 traffic citations and 11 arrests.

The California Office for Traffic Safety sponsored the operation, which ran from 7:00 pm Friday evening through 2:00 a.m. Saturday. Seven out of the eleven arrests were for driving under the influence. Police sent 22 drivers through the gauntlet of field sobriety tests. Officers also impounded 21 cars and trucks due to the fact that the drivers did not have licenses or had been driving with suspended licenses.

Spokespeople for the three agencies deemed the San Diego DUI patrol a success, and future operations are in the planning stages. The consequences for being convicted of an Escondido DUI can haunt offenders for months or even years. Convicted San Diego DUI offenders must attend traffic school, face drivers license suspension and strict terms of probation, and pay court costs and fines that can range from $1,000 to much more.

Whether the police arrested you at a checkpoint or a roadside sobriety test, veteran San Diego DUI lawyer Stephen R. Brodsky can build a stiff case for your defense. In almost every drunk-driving arrest, questions abound. For instance, did the officers respect your Fourth Amendment rights? Were you advised of the rights to remain silent and to speak with an attorney? Did evidence seized from your car or person go through the correct chain of custody? Did police properly administer and correctly interpret the BAC tests (e.g. breathalyzers and blood analyses)? Did any officer who processed your case in any way mishandle your paperwork or exaggerate charges?

Attorney Brodsky knows what it takes to deliver for his clients. He’s served hundreds of people since he opened the firm’s doors in 1988. His profound understanding of the system both in theory and practice can be leveraged on your behalf today. Call for your free consultation at 1-800-GOOD-ADVICE, or learn more about Attorney Brodsky’s methods and philosophy at WWW.CRIMINALATTORNEYSANDIEGO.COM.

1. Compounding your legal problems after you’ve been charged with driving under the influence in San Diego.

Unfortunately, a fair number of San Diego DUI defendants make their situations much worse by behaving inappropriately following their arrest. If you throw a tantrum at the scene, resist arrest, flee from officers, or make incriminating statements after the fact, you can jeopardize what otherwise might be a pretty solid defense. Along those lines, defendants who drive after their licenses have been suspended or who willfully ignore terms of their probation can undermine their chances of reducing charges and penalties.

2. Accepting the results of a breathalyzer test as accurate.

Multiple reputable studies confirm what many DUI defense attorneys have contended for years -- that breathalyzer tests are often unreliable. Improper administration or maintenance of equipment, police bias, and chain of custody problems can all skew results. And if you're a diabetic; if you blow too deeply into the breathalyzer; or if you’re on certain medications, your BAC reading may be much higher than your actual blood alcohol concentration.

3. Accepting that the officers respected your Fourth Amendment rights.

In a surprising number of DUI cases, trained police officers fail to adhere to proscriptions against unreasonable search and seizure. If an arresting officer fails to explain your rights or otherwise ignores your constitutional protections, not only can you get the case against you thrown out, but in certain instances, you may be able to counter sue the city.

4. Ignoring rules of decorum and courtesy.

Police officers and prosecutors are people, too. Just because you’ve been arrested or detained doesn’t give you the right to lash out at law enforcement. Act respectfully and attentively. By showing up on time to court, dressing appropriately, and behaving non-threateningly, you can go a long way towards winning your argument.

5. Not collecting evidence.

It's always a good idea to take photographs of the accident scene (if you were involved in a DUI accident) and to collect contact info from eyewitnesses, such as names, telephone numbers, and addresses. This info can support your version of events at court.

To get fast and accurate advice about how to proceed with your San Diego DUI defense, look to Attorney Stephen R. Brodsky. For over two decades, Attorney Brodsky has served defendants in the San Diego region. He has lots of experience taking cases to trial, and he’s demonstrated excellent results. Go to WWW.CRIMINALATTORNEYSANDIEGO.COM for more information about Attorney Brodsky and his team, or talk to someone right now about your case at 1-800-GOOD-ADVICE.

You or a family member has recently been arrested and charged with driving under the influence in San Diego or Southern California. Although you may feel panicked and anxious, now is not the time to make rash decisions. Consider this list of common San Diego DUI defense mistakes before taking action.

1. Failing to request a San Diego DMV hearing within ten days of your arrest.

California law mandates that individuals arrested for DUI have their licenses suspended if their BAC levels are measured at 0.08% or above. If you don’t request a hearing, you could lose your license for months or longer. If you do request a hearing, on the other hand, you can at the least make a case to maintain your right to drive.

2. Accepting the maximum punishment the state doles out.

Often, people charged with San Diego DUI feel terrible and guilty about their actions. Obviously, driving drunk is generally irresponsible and dangerous. But even if you did break the law, you need not bow your head and accept the maximum penalties the state can throw at you. Indeed, with a strong legal defense, you may be able to avoid the stiffest penalties, such as jail sentences and steep fines, in exchange for probation and a commitment to safe driving.

3. Pleading guilty to avoid the hassle and expense of paying for an attorney.

If you plead guilty without putting up any kind of legal defense, you may save money in the short term on attorneys fees. But over the long term, the downstream effects of your cavalier response can create financial problems for months if not years to come. For instance, if you lose your driver's license, you may lose your job and thus stunt your career. And if you're convicted of charges that your San Diego DUI attorney might otherwise help you avoid -- such as a felony count, for instance -- your criminal record could haunt you for years, making it more difficult for you to find work, secure housing, apply for government jobs, and so forth.

4. Choosing an attorney who's merely “adequate” to represent you.

If ever there's a time to invest in quality, that time is now. Obviously, some public defenders deliver outstanding service. But when you go the public defender route, it's essentially a grab bag when it comes to who you'll get to take your case. Give the fact that your freedom itself may be on the line, it makes sense to opt for the best legal defense available to you. Fortunately, Attorney Stephen R. Brodsky may be able to help. Attorney Brodsky has practiced DUI law in Southern California since 1988. He’s dealt with literally hundreds of cases. He knows the laws on the books as well as the best practical approaches. Explore more about Attorney Brodsky’s firm at WWW.CRIMINALATTORNEYSANDIEGO.COM, and call 1-800-GOOD-ADVICE as soon as you're ready to discuss your case. (Initial consultations are free and confidential, and hablamos Español).

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.

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.

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.

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.

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 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.

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.

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.