Victories for California DUI Attorney in San Diego: 2010

California DUI Attorney Rick Mueller recently successfully avoided both DUI and Driving with .08% BAC (or more) convictions under California Vehicle Code Section 23152 (a) and (b), as part of the following partial list of victories in San Diego county DUI / drunk driving cases:

• Out-of-county resident coming from La Jolla seen weaving by San Diego CHP.  Unsteady gait, odor of alcoholic beverage and watery/red eyes noted by San Diego California Highway Patrol DUI officer.  Cooperative Driver admits last cocktail nearly 3 hours before stopped for failure to maintain lane in violation of California Vehicle Code section 21658(a).  After failing the National Highway & Traffic Safety Administration's 3 battery California DUI field sobriety tests including HGN, Romberg and One Leg Stand, Driver blows .117% and .118% in the hand-held Intoximeters, Inc. Alco-Sensor IV PAS gadget and soon thereafter two more blows of .11% and .10% per the San Diego county DUI EC/IR breath test machine at the San Diego CHP office. CHP DUI officer improperly included transportation time as part of the required 15 minute continuous observation time.  San Diego DUI CHP officer also used a cut & paste of the San Diego CHP 202 DUI arrest report.  Possible mouth alcohol in issue.  Breath test numbers susceptible of great variance.
  
  
• Forced Blood Draw on driver facing Refusal and 1 Year license suspension - no Refusal and no 1 Year penalty for Refusal.
  
  
• Already on California DUI probation in another California county, Driver stops off freeway to empty bladder an old-fashioned way.  Zealous CHP officer who previously lost to San Diego DUI criminal defense attorney Rick Mueller investigates, reporting the standard CHP objective DUI symptoms of bloodshot/watery eyes, odor of alcoholic beverage, unsteady gait and slurred speech.  Agitated/evasive Driver realizes possible permanent lifetime ban of his commercial license is on the line, admits where driving from but later denies driving.  Out of state passenger says Driver driving the whole time.  In addition to preventing lifetime ban of commercial California driver's license by avoiding conviction for California Vehicle Code section 23152, no probation violation for prior California DUI.

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