California DUI Lawyer Center Blog

If you have been arrested or cited for a DUI or drunk driving offense that occurred in San Diego you have 10 days to act to save your driver's license

rick@sandiegodui.com (SanDiegoDUI) — Sun, 25 Apr 2010 19:40:00 +0000

If you have been arrested or cited for a DUI or drunk driving offense that occurred in San Diego county and you need to save your driver's license, your defense attorney has only ten (10) calendar days to contact DMV! A

San Diego DUI criminal defense attorney is ready to roll. Start with a goal to try to get you off or the minimum. Your San Diego DUI criminal defense lawyer will keep you advised in difficult times. A Premier San Diego DUI defense attorney will investigate all San Diego drunk driving arrests to ensure that the client’s legal rights were preserved. A first San Diego DUI / drunk driving offense is a good opportunity for your San Diego DUI defense lawyer to vigorously defend and/or insist on the best San Diego DUI court outcome. August 1, 2009 had Rick lecture at the

A Day in the Desert with the DUI Experts - Annual DUI seminar

in connection with the American Bar Association at Loyola Law School in Los Angeles. San Diego California Criminal Defense Attorney Rick Mueller spoke at the prestigious California Attorneys For Criminal Justice

. California criminal defense lawyers told the California DUI Lawyers Association's President how San Diego California DUI criminal defense attorney Rick Mueller was exceptional and well-respected. San Diego DMV attorney have to win just one (1) of three (3) normal DMV issues to save your license & you save any reissue fee and/or Proof of Insurance SR-22 filing to save you lots of money.

California DUI Specialist Lawyer Rick Mueller is a DMV - DUI attorney you need to check with

rick@sandiegodui.com (SanDiegoDUI) — Sat, 24 Apr 2010 14:32:00 +0000

Help Today and Everyday by a real California DUI criminal defense attorney who puts forth the best interests of Clients arrested for Drunk Driving. Start here with a FREE DUI "EVALUATION FORM"

High Quality DMV - DUI legal representation: 1-800-THE-LAW-DUI
(1-800-843-5293)

4660 La Jolla Village Drive, Suite 500

San Diego, CA 92122

San Diego DUI Criminal Defense Attorney Rick Mueller specializes in California DUI and DMV law.

California DUI Specialist Lawyer Rick Mueller is the only DMV - DUI attorney who was the featured Speaker at 7 DUI seminars in San Diego County in the last several
years. At an 8th seminar, on August 1, 2009, Rick lectured at the

A Day in the Desert with the DUI Experts - Annual DUI seminar

in connection with the American Bar Association at Loyola Law School in Los Angeles. At a 9th seminar, San Diego California Criminal Defense Attorney Rick Mueller spoke at the prestigious California Attorneys For Criminal Justice

. The California criminal defense lawyers who attended indicated to the President of the California DUI Lawyers Association that San Diego California DUI criminal defense lawyer Rick Mueller's presentation and materials were excellent.

San Diego DUI Lawyer Rick Mueller is known as the "DMV Guru".

Specially recognized as a Contributor to the California Drunk Driving Law book, he is now the San Diego DUI Editorial Consultant for the most comprehensive reference book for California DUI law. Known as California's bible for DUI defense, the book features some of San Diego DUI attorney Rick Mueller's hard work.

San Diego drunk driving lawyer Rick Mueller is a Specialist Member of the California DUI Attorneys Association (formerly the Association of California Deuce Defenders). He is also a member of the National College for DUI Defense and the National Association of Criminal Defense Lawyers.

San Diego DUI Attorney Rick Mueller speaks at Strategies in Handling DUI Cases seminars, at the DUI & Drug Defense seminar at the San Diego Bar Building, at the North San Diego County Bar Association's Drunk Driving - DMV seminars, and at the Public Defender's Office DMV - DUI Training seminars. His DMV - DUI work is also featured in the Association of California Deuce Defenders' materials. Since 1983, DUI Lawyer Rick Mueller has actively defended these cases. San Diego DUI Attorney Rick Mueller is in Good Standing with the State Bar (#114305).

San Diego DUI Lawyer

Need to get some sleep after a DUI? Rest peacefully when you fill out this Free San Diego County Drunk Driving Defense Survey

rick@sandiegodui.com (SanDiegoDUI) — Thu, 22 Apr 2010 15:51:00 +0000

Need to get some sleep after a DUI? Rest peacefully when you fill out this Free San Diego County Drunk Driving Defense Survey

to find out your best strategy and to protect your driver's license in California. San Diego California DUI Lawyer information provided by a top San Diego California Drunk Driving Attorney for those accused of a San Diego California DUI.
Worry-free San Diego California DUI help for San Diego California DUI court and San Diego California DMV. Complete San Diego California DUI Help to save your California license or other state license.

San Diego DUI Attorney Rick Mueller is a Premier San Diego California Drunk Driving Lawyer, San Diego California DUI & San Diego California DMV Defense Attorney with over 25 years of experience. Known as the San Diego California DUI - DMV Guru, San Diego California DUI Lawyer Rick Mueller dedicates 100% of his San Diego DUI law practice to aggressively defending those accused of San Diego Driving Under the Influence.

On August 1, 2009, Rick lectured at the

A Day in the Desert with the DUI Experts - Annual DUI seminar

California DUI Chemical Test Procedure after a DUI Arrest

rick@sandiegodui.com (SanDiegoDUI) — Thu, 22 Apr 2010 00:35:00 +0000

California DUI criminal defense attorneys often are asked about the Chemical Test Procedure in this state. Hopefully, this blog will explain as this California DUI statute is set forth by the San Diego County DUI Law Center:

California Vehicle Code Section 23158

a) Notwithstanding any other provision of law, only a licensed physician and surgeon, registered nurse, licensed vocational nurse, duly licensed clinical laboratory scientist or clinical laboratory bioanalyst, a person who has been issued a "certified phlebotomy technician" certificate pursuant to Section 1246 of the Business and Professions Code, unlicensed laboratory personnel regulated pursuant to Sections 1242, 1242.5, and 1246 of the Business and Professions Code, or certified paramedic acting at the request of a peace officer may withdraw blood for the purpose of determining the alcoholic content therein. This limitation does not apply to the taking of breath specimens. An emergency call for paramedic services takes precedence over a peace officer’s request for a paramedic to withdraw blood for determining its alcoholic content. A certified paramedic shall not withdraw blood for this purpose unless authorized by his or her employer to do so.

(b) The person tested may, at his or her own expense, have a licensed physician and surgeon, registered nurse, licensed vocational nurse, duly licensed clinical laboratory scientist or clinical laboratory bioanalyst, person who has been issued a "certified phlebotomy technician" certificate pursuant to Section 1246 of the Business and Professions Code, unlicensed laboratory personnel regulated pursuant to Sections 1242, 1242.5, and 1246 of the Business and Professions Code, or any other person of his or her own choosing administer a test in addition to any test administered at the direction of a peace officer for the purpose of determining the amount of alcohol in the person’s blood at the time alleged as shown by chemical analysis of his or her blood, breath, or urine. The failure or inability to obtain an additional test by a person does not preclude the admissibility in evidence of the test taken at the direction of a peace officer.

(c) Upon the request of the person tested, full information concerning the test taken at the direction of the peace officer shall be made available to the person or the person's attorney.

(d) Notwithstanding any other provision of law, no licensed physician and surgeon, registered nurse, licensed vocational nurse, duly licensed clinical laboratory scientist or clinical laboratory bioanalyst, person who has been issued a "certified phlebotomy technician" certificate pursuant to Section 1246 of the Business and Professions Code, unlicensed laboratory personnel regulated pursuant to Sections 1242, 1242.5, and 1246 of the Business and Professions Code, or certified paramedic, or hospital, laboratory, or clinic employing or utilizing the services of the licensed physician and surgeon, registered nurse, licensed vocational nurse, duly licensed clinical laboratory scientist or clinical laboratory bioanalyst, person who has been issued a "certified phlebotomy technician" certificate pursuant to Section 1246 of the Business and Professions Code, unlicensed laboratory personnel regulated pursuant to Sections 1242, 1242.5, and 1246 of the Business and Professions Code, or certified paramedic, owning or leasing the premises on which tests are performed, shall incur any civil or criminal liability as a result of the administering of a blood test in a reasonable manner in a hospital, clinical laboratory, medical clinic environment, jail, or law enforcement facility, according to accepted venipuncture practices, without violence by the person administering the test, and when requested in writing by a peace officer to administer the test.

(e) Notwithstanding any other provision of law, a person who has been issued a "certified phlebotomy technician" certificate pursuant to Section 1246 of the Business and Professions Code and who is authorized by this section to draw blood at the request and in the presence of a peace officer for purposes of determining its alcoholic content, may do so in a jail, law enforcement facility, or medical facility, with general supervision. The "certified phlebotomy technician" shall draw blood following the policies and procedures approved by a physician and surgeon licensed under Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code, appropriate to the location where the blood is being drawn and in accordance with state regulations.

(f) The Certified Phlebotomy Technician I or II shall carry a current, valid identification card issued by the State Department of Health Services, attesting to the technician’s name, certificate type, and effective dates of certification, when performing blood withdrawals.

(g) As used in this section, "general supervision" means that the supervisor of the technician is licensed under the Business and Professions Code as a physician and surgeon, physician assistant, clinical laboratory bioanalyst, registered nurse, or clinical laboratory scientist, and reviews the competency of the technician before the technician may perform blood withdrawals without direct supervision, and on an annual basis thereafter. The supervisor is also required to review the work of the technician at least once a month to ensure compliance with venipuncture policies, procedures, and regulations. The supervisor, or another person licensed as a physician and surgeon, physician assistant, clinical laboratory bioanalyst, registered nurse, or clinical laboratory scientist, shall be accessible to the location where the technician is working to provide onsite, telephone, or electronic consultation, within 30 minutes when needed.

(h) Nothing in this section shall be construed as requiring the certified phlebotomy technician who is authorized to withdraw blood by this section at the request and in the presence of a peace officer for purposes of determining alcoholic content to be associated with a clinical laboratory or to be directly supervised after competency has been established.

(i) If the test given under Section 23612 is a chemical test of urine, the person tested shall be given such privacy in the taking of the urine specimen as will ensure the accuracy of the specimen and, at the same time, maintain the dignity of the individual involved.

(j) The department, in cooperation with the State Department of Health Services or any other appropriate agency, shall adopt uniform standards for the withdrawal, handling, and preservation of blood samples prior to analysis.

(k) As used in this section, "certified paramedic" does not include any employee of a fire department.

(l) Consent, waiver of liability, or the offering to, acceptance by, or refusal of consent or waiver of liability by the person on whom a test is administered, is not an issue or relevant to the immunity from liability for medical or law enforcement personnel orother facilities designated under subdivision (d).

Amended Sec. 30, Ch. 118, Stats. 1998. Effective January 1, 1999.
Amended Sec. 2, Ch. 14, Stats. 2004. Effective February 11, 2004.

California DUI defense attorneys use valuable information to help their clients

rick@sandiegodui.com (SanDiegoDUI) — Tue, 20 Apr 2010 15:55:00 +0000

California DUI defense attorneys use valuable information to help their clients. A DMV hearing, a mini-DUI trial without a jury, has unusual San Diego DMV rules, San Diego DMV laws and San Diego DMV procedures. The San Diego DUI / DMV hearing is presided over by a Driver Safety Officer (DMV hearing officer) rather than a real judge, an employee of the DMV not trained in law who acts as both prosecutor and judge. As unfair as it is, she or he can legally object to your evidence, rule on her or his own objection, dually engage your San Diego DUI / DMV lawyer, and admit or not admit either party's evidence.

The San Diego Driver Safety Officer offers evidence in the form of documents and/or witnesses. The Driver Safety Officer offers the San Diego drunk driving / DUI police report, DMV records, San Diego DUI alcohol reports and the important San Diego DUI officer's sworn statement entitled a "DS 367." With no Fifth Amendment right at the hearing, your San Diego DUI / DMV attorney usually will not want you to be present at the hearing since the Driver Safety Officer can call you as a witness and force you to testify against yourself if you ill-advisedly appear.

The San Diego DMV Driver Safety Officer's decision will usually be mailed a few days or even weeks after the hearing. A San Diego DMV / DMV suspension can be set aside or sustained. If the San Diego DMV suspension is sustained, the decision can be appealed to the DMV in Sacramento and/or to the San Diego Superior court by filing a San Diego DMV petition for writ of mandamus.

A San Diego DUI lawyer's defenses at an APS hearing are specialized and technical, more so than in criminal court. Frequent San Diego DUI / DMV proof problems - as well as legal, procedural and bureaucratic obstacles - are possible grounds for setting aside the suspension.

Because of the peculiar nature of San Diego DUI / DMV hearings and the absence of an independent San Diego DUI judge to offer some protection, you are strongly advised not to try to represent yourself. Because these are not San Diego DUI criminal proceedings, San Diego County public defenders are unavailable.

Your San Diego DUI / DMV attorney has just 10 CALENDAR DAYS after the DUI arrest to call the San Diego DMV Driver Safety Office to timely demand a hearing. You waive your right to a hearing after the 10 day deadline is up.

If your San Diego DUI / DMV attorney has not been retained within 10 days of the arrest, you should contact the local Driver's Safety Office yourself, request a 5 day extension so you can get a San Diego DUI / DMV Attorney Specialist.

Alternatively, if your request for an extension is denied by the San Diego DMV supervisor, request an In-person hearing, the Discovery (evidence), a Stay (stop) of the Suspension, and the Name of the Driver Safety Officer.

Please ask for the name of the person you speak with. Please do not discuss the reasons why you are contesting the suspension. The San Diego Driver Safety Office is located at 9174 Sky Park Avenue, Suite 200, San Diego (858/627-3901 or fax 858/627-3925).

The San Diego DMV may not be able to schedule a hearing before your 30-day temporary license expires. Your San Diego DUI / DMV lawyer will request a Notice of Stay of the 30-day temporary license until a San Diego DMV hearing is provided and a San Diego DMV decision is actually rendered.

Looking for a Lawyer? On August 1, 2009, Rick lectured at the

A Day in the Desert with the DUI Experts - Annual DUI seminar

10 days of being arrested for DUI - a California DMV attorney has to win one (1) DMV issue to save your license & you avoid any reissue fee and SR22

rick@sandiegodui.com (SanDiegoDUI) — Mon, 19 Apr 2010 14:36:00 +0000

What to do within 10 days of being arrested for DUI - a California DMV attorney has to win one (1) DMV issue to save your license & you avoid any reissue fee and/or Proof of Insurance SR-22 filing

10. If you need to save your driver's license or privileges, your attorney has only ten (10) calendar days to contact DMV!

Do not schedule yourself. If you contact DMV to schedule a date conflicting with your attorney's calendar, DMV will not reschedule and you may not get the attorney of your choice. There is no rush as long as your attorney contacts DMV by the 10th day from your arrest.

9. The ten (10) day time limit is computed from the Issue date of the SUSPENSION/REVOCATION ORDER AND TEMPORARY DRIVER LICENSE. If time is running out or you are late, contact an attorney ASAP.

8. This ADMINISTRATIVE PER SE SUSPENSION/REVOCATION ORDER AND TEMPORARY DRIVER LICENSE is the California DMV paper which you should have received.

7. Even if you did not receive this DMV paper, the California DMV will probably take action against your driving privileges.

6. Even if you have a license from another state, and even if the officer did not take your license, that state may also take action against your driving privileges.

5. This TEMPORARY DRIVER LICENSE ENDORSEMENT is valid for only thirty (30) days from the issue date.

If a DMV hearing is requested within ten (10) days, your DMV TEMPORARY will be extended & there will be a stay (delay) of any suspension until the outcome of your DMV hearing is determined.

4. Do not confuse this initial 30 day TEMPORARY DRIVER LICENSE with your court date!

The DMV and criminal proceedings are separate and independent. The outcome of one almost never affects the other. Sometimes the officer or the DMV paper confuses or misleads you to believe that the TEMPORARY DRIVER LICENSE is good "until the court date". If there are approximately thirty (30) days from your arrest date to your court date, this may just be a dangerous coincidence. There usually are months before your DMV hearing takes place.

3. There are three (3) issues at the hearing if you completed a chemical test. (See reverse side of DMV paper.)

Issues are whether the officer had probable cause to stop or contact you or whether the chemical test evidence is beatable.

2. The DMV has the burden of proof to prevail on all three (3) issues. If DMV meets the burden of proof on two (2) issues, you win!

1. All a DMV attorney has to do is knock out one (1) DMV issue to save your license & you avoid any reissue fee and/or Proof of Insurance SR-22 filing!

New "How-To-Represent" Someone at California DUI/DMV Hearing Attorney Video

rick@sandiegodui.com (SanDiegoDUI) — Sat, 17 Apr 2010 22:31:00 +0000

Popped for a DUI and need to know about how the license part works? Check out this new California DUI / DMV Defense Attorney Training Video Link for other DUI criminal defense lawyers found at Avvo.com.

For personal help with a San Diego California DUI, visit this free evaluation site.

Wow - a Free San Diego County DUI/DMV Defense Survey by a top Lawyer in California

rick@sandiegodui.com (SanDiegoDUI) — Fri, 16 Apr 2010 18:42:00 +0000

Times change fast. Sometimes you get caught for a DUI. San Diego DUI Criminal Defense Attorney Rick Mueller is a

San Diego County Drunk Driving, DUI & DMV Defense lawyer. This man has 26 years of experience! How talented? For example, on August 1, 2009, Rick lectured at the

A Day in the Desert with the DUI Experts - Annual DUI seminar

in connection with the American Bar Association at Loyola Law School in Los Angeles. California Criminal Defense Attorney Rick Mueller lectured before the California Attorneys For Criminal Justice

. California DUI lawyers who attended indicated to the President of the California DUI Lawyers Association that San Diego California DUI criminal lawyer Rick Mueller was excellent.
Wow - a Free San Diego County DUI/DMV Defense Survey

to find out your best way of handling this headache.

Here's what you want - a "DMV Guru." California DUI criminal defense attorney Rick Mueller devotes all of his law practice to aggressively defending those accused of DUI and facing license ramifications.

Updated Tips on how to avoid a DUI in California

rick@sandiegodui.com (SanDiegoDUI) — Thu, 15 Apr 2010 00:33:00 +0000

How to Minimize the Risk of a California DUI Conviction

* Do not drink and drive in San Diego county, California. While it is lawful to drink and drive as long as you are not over the California DUI legal limit and not legally impaired, purchasing a hand-held breath test gadget may help determine your breath alcohol level before you drive.

* By law, you only have to give the officer your license, registration and insurance. You do not need to give any further evidence designed to convict you of a San Diego DUI.

* When you are contacted by California DUI police, you will be questioned before any arrest. Since you are not in custody for the purposes of Miranda warnings, you may politely refuse to answer any of the investigating officer's questions, before or after the California DUI arrest. That way, there will not be incriminating statements that can be used against you in San Diego California court or at DMV.

* Acrobatics or gymnastics, aka Field Sobriety Tests (FST's), are optional and completely voluntary. If you try to do them, you may be arrested anyway. It is better not to give the investigating officer any California DUI evidence that will be used against you in court. You can politely refuse to do any San Diego FST's.

* Polite refuse to blow into any hand-held gadget, aka, the preliminary alcohol screening (PAS) test. If you are older than 21 and not on California DUI probation, the test is voluntary and you have the right to refuse this type of San Diego California DUI breath test.

* Since the San Diego officer may only offer a blood or breath test, choose a breath test. The breath machines are not 100% accurate and there are many possibilities for error. See California DUI & Drunk Driving Defenses to San Diego County Breath Test. When given a choice of blood, breath or urine test, choose a urine test if it is available as urine is the most unreliable California DUI test.

* Call someone you know as soon as possible so they can hear you speak and note of any state of sobriety. You usually will be able to make a call from San Diego County jail.

* Behave and be respectful at all times to the police. How you are perceived by a San Diego California DUI jury is very important.

* Write down the chronological list of everything that happened before being contacted by San Diego county California police up to and including your release from jail.

* Research & Google possible San Diego California DUI/DMV defense attorneys to represent you. A qualified drunk driving lawyer will look for positive facts in order to properly present the best strategy at the San Diego California DMV hearing and Court.

Getting arrested for San Diego Drunk Driving does not inevitably end up in a loss of license or a California DUI conviction. These pointers are suggested but are not legal opinions in any San Diego case.

What do California DUI criminal defense lawyers point to when people use hand lotion containing alcohol?

rick@sandiegodui.com (SanDiegoDUI) — Wed, 14 Apr 2010 00:22:00 +0000

What do California DUI criminal defense attorneys think about hand lotion containing alcohol? Can California drunk driving lawyers confirm the alcohol in lotion could affect breath testing machines, causing a falsely elevated reading?

In this interesting DUI defense article:

1) "Results are shown in Table 1 (of the study) that alcohol (ETOH) levels were detectable in breath analysis of 6 of the 20 Health Care Workers (range, 0.0010% to 0.0025%) at 1 to 2 minutes after the final application of Avagard: all would have been recorded as undetectable by Australian DUI Enforcement Police performing routine roadside, hand-held gadget / breath testing. However, two of these six Health Care Workers also had detectable serum ETOH levels at 5 to 7 minutes postexposure.

2) The researchers cannot be sure that intensive ABHRS (alcohol-
based hand-rub solutions) use for longer than 1 hour without washing may not result in higher absorption or accumulation rates."

While there are all kinds of DUI attorney questions about the limitations of this study, a number of DUI lawyers in California have already used this study when clients have been exposed to hand lotions containing alcohol.

Here's 10 effective ways such a drunk driving criminal defense lawyer can assist a person facing a California DMV suspension after a DUI

rick@sandiegodui.com (SanDiegoDUI) — Mon, 12 Apr 2010 18:10:00 +0000

Every San Diego California DUI attorney needs to tell their client about how to properly handle DMV. Here's 10 effective ways such a drunk driving criminal defense lawyer can assist a person facing a California DMV suspension:

10. If you need to save your driver's license or privileges, your attorney has only ten (10) calendar days to contact DMV!

Do not schedule yourself. If you contact DMV to schedule a date conflicting with your attorney's calendar, DMV will not reschedule and you may not get the attorney of your choice. There is no rush as long as your attorney contacts DMV by the 10th day from your arrest.

9. The ten (10) day time limit is computed from the Issue date of the SUSPENSION/REVOCATION ORDER AND TEMPORARY DRIVER LICENSE. If time is running out or you are late, contact an attorney ASAP.

8. This ADMINISTRATIVE PER SE SUSPENSION/REVOCATION ORDER AND TEMPORARY DRIVER LICENSE is the California DMV paper which you should have received.

7. Even if you did not receive this DMV paper, the California DMV will probably take action against your driving privileges.

6. Even if you have a license from another state, and even if the officer did not take your license, that state may also take action against your driving privileges.

5. This TEMPORARY DRIVER LICENSE ENDORSEMENT is valid for only thirty (30) days from the issue date.

If a DMV hearing is requested within ten (10) days, your DMV TEMPORARY will be extended & there will be a stay (delay) of any suspension until the outcome of your DMV hearing is determined.

4. Do not confuse this initial 30 day TEMPORARY DRIVER LICENSE with your court date!

The DMV and criminal proceedings are separate and independent. The outcome of one almost never affects the other. Sometimes the officer or the DMV paper confuses or misleads you to believe that the TEMPORARY DRIVER LICENSE is good "until the court date". If there are approximately thirty (30) days from your arrest date to your court date, this may just be a dangerous coincidence. There usually are months before your DMV hearing takes place.

3. There are three (3) issues at the hearing if you completed a chemical test. (See reverse side of DMV paper.)

Issues are whether the officer had probable cause to stop or contact you or whether the chemical test evidence is beatable.

2. The DMV has the burden of proof to prevail on all three (3) issues. If DMV meets the burden of proof on two (2) issues, you win!

1. All a DMV attorney has to do is knock out one (1) DMV issue to save your license & you avoid any reissue fee and/or Proof of Insurance SR-22 filing!

Click on below sites for more information or to contact a San Diego DUI Lawyer who can help:

San Diego DUI Lawyer

San Diego DUI

California DUI Attorney

San Diego DUI Help

Free San Diego County California DUI / DMV / Drunk Driving Defense Survey

rick@sandiegodui.com (SanDiegoDUI) — Thu, 01 Apr 2010 16:53:00 +0000

California DUI Lawyer information provided by a top San Diego California Drunk Driving Attorney for those accused of a San Diego California DUI. Headache-free San Diego California DUI help for San Diego California DUI court and San Diego California DMV. Complete San Diego California DUI Help by San Diego DUI Attorney Rick Mueller. He is known as a Premier San Diego California Drunk Driving Lawyer, San Diego California DUI & San Diego California DMV Defense Attorney with over 26 years of experience. Known as the San Diego California DUI - DMV Guru, San Diego California DUI Lawyer Rick Mueller dedicates all of his San Diego DUI law practice to aggressively defending those accused of San Diego Driving Under the Influence and related license matters.
Complete the important Free San Diego County Drunk Driving Defense Survey

to find out your best strategy and to protect your driver's license in California or elsewhere.

On August 1, 2009, Rick lectured at the

A Day in the Desert with the DUI Experts - Annual DUI seminar

in association with the American Bar Association at Loyola Law School in Los Angeles. San Diego California Criminal Defense Attorney Rick Mueller spoke at the prestigious California Attorneys For Criminal Justice

Here's the latest Victories for San Diego DUI Attorney

rick@sandiegodui.com (SanDiegoDUI) — Wed, 31 Mar 2010 20:52:00 +0000

News Flash: Here's the latest Victories for San Diego DUI Criminal Defense Attorney Rick Mueller: March 2010

San Diego 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:

* In a hurry to get home, well-respected pillar of community caught in San Diego county speed trap going 58 in a 35 mph zone. California Vehicle Code section 23582 [Excessive Speed] carries a mandatory 60 Consecutive Days in Jail if speeding over the speed limit by 30 mph on the freeway or 20 mph essentially off the freeway. This critical California DUI sentencing enhancement was avoided by lawyer and DUI charges dropped. (Sober / unimpaired drivers speed.) Bloodshot/watery eyes + odor of alcohol subjectively observed by San Diego county DUI officer who also subjectively claimed driver failed field sobriety tests including nystagmus, rhomberg balance, finger to nose, walk & turn, plus hand-held breath (PAS) results reading .120% & .116% and two .10% results for the post-absorptive implied consent breath tests later at Jail. Brokerage institution relationships remain intact.

* Faulty trailer lights (equipment violation only - no bad DUI driving) causes San Diego Police Department to stop visiting Tourist visiting San Diego. Tells SDPD DUI cop had only "1 drink." Unsteady Gait and Slurred Speech lead to full-blown administration of battery of acrobatics (FST's) not accounting for age, nutrition & fitness which were "not performed as demonstrated": Gaze Nystagmus, One Leg Stand Test, Standing Alphabet Count Test, Walk & Turn Test. Tells drunk driving investigating officer that alcohol did not affect driving and did not feel effects from the drink(s), politely refused PAS test. After the required 15 minute continuous observation period at the police station, subject blows a .09% and .08% on Intoxilyzer 8000 before escorted to the not-so-friendly confines of the San Diego County Central Detention Facility. Employment as Director maintained.

* Professional engineer initially claims only prescription medication day before and cold medicine before driving after San Diego county DUI cop has to catch up to stop for speeding. Notices red & watery eyes. Fails field sobriety aerobics. Then admits drinking beer. PAS Tests: .119%, .118%. Later Chemical Test lower: .10%. Blood screened for drugs, including Ambien & Resterol. Security clearance preserved.

* While parking rental vehicle in San Diego, medical professional backs up from parking place, sideswipes another vehicle, leaves scene without exchanging information. Later identified and charged as Hit & Run driver per California Vehicle Code section 20002(a). Victim agrees to Civil Compromise per California Penal Code sections 1377-78 upon receiving full satisfaction, asking for complete dismissal. (Check important tips on how to avoid a DUI regardless if successfully leave accident scene without being tested by California DUI cop within recent time of driving.) No conviction for State Board to review.

California DUI criminal defense attorneys are immediately contacted upon a DUI arrest to avoid a license suspension

rick@sandiegodui.com (SanDiegoDUI) — Tue, 30 Mar 2010 16:37:00 +0000

California DUI criminal defense attorneys are immediately contacted upon a DUI arrest to avoid a license suspension. This administrative hearing is essentially similar to a mini-DUI trial without a jury, but with much different California DMV rules and procedures. In San Diego, the DMV hearing is handled by an employee who is not formally trained in law who acts as both prosecutor and judge; that person is not a lawyer. As unfair as it is, she or he can legally object to your evidence and rule on her or his own objection. California DMV first offers the San Diego drunk driving / DUI police report, DMV records, San Diego DUI alcohol reports and the important San Diego DUI officer's sworn statement entitled a "DS 367."

DUI defense lawyers' defenses at an APS hearing are specialized and technical, more so than in criminal court. Frequent San Diego DUI / DMV proof problems - as well as legal, procedural and bureaucratic obstacles - are possible grounds for setting aside the suspension. In light of the odd nature of San Diego DUI / DMV hearings and the absence of an independent San Diego DUI judge to offer some protection, you are strongly advised not to try to represent yourself. Because these are not San Diego DUI criminal proceedings, San Diego County public defenders are unavailable.

Your San Diego DUI / DMV attorney has just 10 CALENDAR DAYS after the DUI arrest to call the San Diego DMV Driver Safety Office to timely demand a hearing. You waive your right to a hearing after the 10 day deadline is up.

Attorney hunt? On August 1, 2009, Rick lectured at the

A Day in the Desert with the DUI Experts - Annual DUI seminar

Arrested for a DUI in Pennsylvania?

rick@sandiegodui.com (SanDiegoDUI) — Sun, 28 Mar 2010 01:30:00 +0000

If arrested for a DUI in Pennsylvania, call the McShane Firm, the best.

DUI Attorney with Premier rating as "Superb" California drunk driving lawyer

rick@sandiegodui.com (SanDiegoDUI) — Fri, 26 Mar 2010 18:57:00 +0000

San Diego DUI Specialist Rick Mueller is a

Top-rated

San Diego County Drunk Driving, DUI & DMV Defense attorney with over 26 years of experience.

San Diego DUI Blog

On August 1, 2009, Rick lectured at the

A Day in the Desert with the DUI Experts - Annual DUI seminar

to find out your best strategy and to protect your driving privileges in California.

Known as the "DMV Guru," Rick Mueller dedicates 100% of his law practice to aggressively defending those accused of driving under the influence of alcohol. He has successfully saved the driving privileges of many clients in the past year alone.

Police crime-scene investigator (CSI) found guilty of planting & tampering with evidence

rick@sandiegodui.com (SanDiegoDUI) — Wed, 24 Mar 2010 22:12:00 +0000

Chief Police CSI crime-scene investigator David Kofoed is guilty of tampering with physical evidence involving the 2006 homicide investigation of Murdock Nebraska residents Wayne and Sharmon Stock.

District Court Judge Randall Rehmeier ruled that there was proof beyond a reasonable doubt that Kofoed was guilty of the Class IV felony. Rehmeier said how he reached the verdict in front of a courtroom that included family members of both Kofoed and the Stocks.

“Looking at the evidence the court does not believe that this was an accident or a mistake or that there was cross-contamination involving DNA of blood,” Rehmeier said. “The evidence does not support the argument. The state has met the burden of proof.”

In a courtroom interview following the verdict, special prosecutor Clarence Mock told The Journal he felt the ruling was appropriate. Mock argued during the trial that Kofoed had planted DNA of Wayne Stock in a car in order to tie Nicholas Sampson and Matthew Livers to the murders. The blood was the only piece of forensic evidence linking the men to the case. Both were later cleared of all charges. Wisconsin residents Gregory Fester and Jessica Reid were later convicted of the murders and are serving life sentences in prison.

“I certainly believed the evidence justified the verdict,” Mock said. “The court very carefully and appropriately reviewed the evidence and when the evidence was added up he reached the same conclusion. There’s no other explanation that would account for how the DNA evidence got into the car.”

During the trial, defense attorney Steven Lefler had argued Kofoed accidentally used a contaminated blood-testing kit that had been at the crime scene when he looked at the car on April 27, 2006. Lefler also said cross-contamination could have occurred as the result of DNA being carried from investigators’ clothing to the Ford Contour.

Sampson’s older brother William Sampson owns the car. He testified that the car had been in Lincoln when the murders took place and that he did not have a close relationship with either Nicholas Sampson or Livers.

“I still think cross-contamination is the most likely reason that the blood ended up in the car,” Lefler told reporters outside the courtroom. “…I just don’t know how to respond.”

Rehmeier said during his ruling that there could be four possible explanations for how DNA of Wayne Stock was found in the car: 1) Kofoed planted evidence 2) someone else planted evidence 3) Livers and Sampson were connected to the crime and 4) cross-contamination did occur. He began his statement saying that there was insufficient evidence connecting either Livers or Sampson to the crime. He also gave a methodical explanation outlining evidence that ruled out the possibility that someone other than Kofoed tampered with any blood or DNA.

Rehmeier then spent more than 15 minutes reviewing two possible cross-contamination theories: 1) that the DNA was inadvertently contaminated by another officer and 2) that there was contamination of filter paper that Kofoed used to collect blood evidence from the car. Rehmeier said the prosecution showed investigators at the Murdock crime scene followed careful procedures to prevent any contamination. He also said contamination by individuals would likely have left more DNA in the car than the trace amount that Kofoed located on the underside portion of the dashboard under the steering wheel.

Rehmeier also stated that other CSI employees testified that no one else used filter paper from Doje blood-detection kits at the residence during their investigation. He said the crime scene was bloody and that there would have been no need to use Doje kits to collect DNA evidence.

Doje blood and DNA collection kits include sterile swabs, applicators and swab boxes and envelopes. Investigators can use the collection kits in conjunction with blood-testing equipment that includes filter paper and chemicals such as phenolphthalein. These materials can help investigators detect small amounts of blood at crime scenes. Doje’s Forensic Supplies is a Florida-based company that sells these products to law enforcement officials across the country.

Rehmeier finished the ruling by saying the lone possible conclusion for the blood entering the Ford Contour was that Kofoed tampered with the evidence.

Sentencing in the case is set for May 8 in Cass County District Court. Kofoed could face a maximum penalty of five years in prison, a $10,000 fine or both. Rehmeier said Kofoed was not a flight risk and released him on his own recognizance following the verdict.

California DUI criminal defense lawyers explain how San Diego DUI / DMV hearings have weird San Diego DMV rules & strange San Diego DMV laws

rick@sandiegodui.com (SanDiegoDUI) — Tue, 23 Mar 2010 16:15:00 +0000

California DUI criminal defense lawyers explain how San Diego DUI / DMV hearings have weird San Diego DMV rules, strange San Diego DMV laws and sometimes chaotic San Diego DMV procedures. Common California DUI / DMV proof problems - as well as legal, procedural and bureaucratic obstacles - are possible grounds for avoiding action against your license. Due to the peculiar nature of San Diego DUI / DMV hearings and the absence of an independent San Diego DUI judge to offer some protection, you are strongly advised not to try to represent yourself. Because these are not San Diego DUI criminal proceedings, San Diego County public defenders do not handle them.

California DUI / DMV forums are presided over by a State Employee, the Driver Safety Officer (DMV hearing officer) rather than a real judge, an employee of the DMV not trained in law who acts as both prosecutor and judge. As unfair as it is, she or he can legally object to your evidence, rule on her or his own objection, dually engage your San Diego DUI / DMV lawyer, and admit or not admit either party's evidence.

The San Diego Driver Safety Officer offers evidence in the form of documents and/or witnesses. The Driver Safety Officer offers the San Diego drunk driving / DUI police report, DMV records, San Diego DUI alcohol reports and the important San Diego DUI officer's sworn statement entitled a "DS 367." With no Fifth Amendment right at the hearing, your San Diego DUI / DMV attorney usually will not want you to be present at the hearing since the Driver Safety Officer can call you as a witness and force you to testify against yourself if you ill-advisedly appear.

The San Diego DMV Driver Safety Officer's decision will usually be mailed a few days or even weeks after the hearing. A San Diego DMV / DMV suspension can be set aside or sustained. If the San Diego DMV suspension is sustained, the decision can be appealed to the DMV in Sacramento and/or to the San Diego Superior court by filing a San Diego DMV petition for writ of mandamus.

Your San Diego DUI / DMV attorney has just 10 CALENDAR DAYS after the DUI arrest to call the San Diego DMV Driver Safety Office to timely demand a hearing. You waive your right to a hearing after the 10 day deadline is up.

The San Diego DMV may not be able to schedule a hearing before your 30-day temporary license expires. Your San Diego DUI / DMV lawyer will request a Notice of Stay of the 30-day temporary license until a San Diego DMV hearing is provided and a San Diego DMV decision is made.

Considering a California DUI & DMV Defense Lawyer? On August 1, 2009, Rick lectured at the

A Day in the Desert with the DUI Experts - Annual DUI seminar

. California criminal defense lawyers attended & were very complimentary.

Within 10 days of being arrested for a California DUI: A) Rest. B) Find a DUI Lawyer. C) Contact DMV.

rick@sandiegodui.com (SanDiegoDUI) — Mon, 15 Mar 2010 22:09:00 +0000

What you must do within 10 days of being arrested for a California DUI: A) Rest. B) Find a DUI Lawyer. C) Contact DMV.

10. Your attorney has only ten (10) calendar days to contact DMV!

9. 10 days are computed from the Issue date of the pink DMV paper. If time is running out or you are late, contact an attorney ASAP.

8. This order/temporary is the California DMV paper which you should have received.

7. Just because you did not receive this DMV paper, the California DMV will probably take action against your driving privileges.

6. Under the Interstate Compact, even if you have a license from another state, and even if the officer did not take your license, that state may also take action against your driving privileges.

5. This TEMPORARY DRIVER LICENSE ENDORSEMENT is valid for only thirty (30) days from the issue date.

If a DMV hearing is requested within ten (10) days, your DMV TEMPORARY will be extended & there will be a stay (delay) of any suspension until the outcome of your DMV hearing is determined.

4. Do not confuse this initial 30 day TEMPORARY DRIVER LICENSE with your court date!

The DMV and criminal proceedings are separate and independent. The outcome of one almost never affects the other. Sometimes the officer or the DMV paper confuses or misleads you to believe that the TEMPORARY DRIVER LICENSE is good "until the court date". If there are approximately thirty (30) days from your arrest date to your court date, this may just be a dangerous coincidence. There usually are months before your DMV hearing takes place.

3. There are three (3) issues at the hearing if you completed a chemical test. (See reverse side of DMV paper.)

Issues include whether the officer had probable cause to stop or contact you or whether the chemical test evidence is beatable.

2. The DMV has the burden of proof to prevail on all three (3) issues. If DMV meets the burden of proof on two (2) issues, you win!

1. DMV attorney has to do prevail on just one (1) DMV issue to save your license & you avoid any reissue fee / SR-22.

No doubt you need a vigorous San Diego DUI attorney available to aggressively defend your California drunk driving case

rick@sandiegodui.com (SanDiegoDUI) — Sun, 14 Mar 2010 19:35:00 +0000

If you have been arrested for a DUI / drunk driving charge in the San Diego area, here's a helpful, free California DUI Evaluation

. No doubt you need a vigorous San Diego DUI attorney available to aggressively defend your San Diego drunk driving case. A

San Diego DUI criminal defense attorney will properly defend your San Diego DUI case and give you the best chance to get back to your life. The best San Diego DUI defense attorney will investigate all San Diego drunk driving arrests to ensure important rights are protected. A top-rated San Diego DUI attorney will likely be one with over 26 years of experience and expertise in San Diego California drunk driving cases. Excellent San Diego court outcomes and satisfied clients reflects upon your San Diego DUI criminal attorney.

On August 1, 2009, Rick lectured at the

A Day in the Desert with the DUI Experts - Annual DUI seminar

. The California criminal defense lawyers who attended informed the President of the California DUI Lawyers Association that San Diego California DUI criminal defense attorney Rick Mueller was excellent.

California DUI law firms provide free initial consultation to learn more about your case. To find the best San Diego DUI criminal defense lawyer, visit

the most informative DUI website

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California Specialist in DUI and DMV Law now

. Your attorney has only ten (10) calendar days to contact DMV!

Free California DUI / Drunk Driving Defense Survey

rick@sandiegodui.com (SanDiegoDUI) — Fri, 12 Mar 2010 18:17:00 +0000

Here's a Free California DUI / Drunk Driving Defense Survey

to find out your best approach and to see if a lawyer can help you.

San Diego California Attorney DUI Specialist Rick Mueller is a

Top-rated

San Diego County Drunk Driving, DUI & DMV Defense attorney with over 25 years of experience.

Known as the "DMV Guru," Rick Mueller dedicates 100% of his law practice to aggressively defending those accused of driving under the influence of alcohol. He has successfully saved the driving privileges of many clients in the past year alone.

On August 1, 2009, Rick lectured at the

A Day in the Desert with the DUI Experts - Annual DUI seminar