San Diego DUI / DMV Defense Attorney Center Blog

San Diego DUI Checkpoint News Flash Update - Pacific Beach Drunk Driving Checkpoint Just Announced for Saturday Night, Memorial Day Weekend, Lawyers Warn!

noreply@blogger.com (SanDiegoDUI) — Fri, 25 May 2012 23:50:00 +0000

Friday May 25, 2012 4:51 p.m.

San Diego DUI attorneys at San Diego County DUI Law Center just learned that San Diego Police Department will set up a drunk driving roadblock to trap Pacific Beach motorists Saturday night, May 26, 2012. Lawyers warn to stay away from Garnet and Grand Avenues, the believed location of the presently undisclosed DUI checkpoint in San Diego this holiday weekend.

For all current locations of San Diego DUI checkpoints, check Rick Mueller's free site here.

Good advice from well-known San Diego Criminal Defense Attorney & Personal Injury Lawyer Mary Prevost

noreply@blogger.com (SanDiegoDUI) — Wed, 23 May 2012 21:17:00 +0000

San Diego Criminal Defense Lawyer & Personal Injury Attorney Mary Prevost believes lawsuits against San Diego Police Department are worth everybody's attention.

Mary's sound advice:

"People need to take a stand and make sure they're protected by the police, not victimized by them," Mary maintains. "And if you're a woman, always carry pepper spray."

Recnetly, San Diego Police Department DUI Officer Anthony Arevalos was sentenced to almost 9 years in prison for multiple counts of sexual assault and battery — most of which took place at DUI stops.

Arevalos's accusers claim the San Diego Police Department knew about the dirty DUI cop's behavior the entire time. Mary Prevost claims this pattern is repeating itself across the United States.

SDPD DUI cop Arevalos, says prominent San Diego Lawyer Mary Prevost, who represents another of his accusers, identified only as Jane Roe, is "a microcosm of what's out there in everybody's neighborhood." Technological advances, like cell phone cameras and webcams, create a growing awareness that "a lot has been swept under the rug for a long time," Mary maintains.

One Ashley Steele claims she was the designated driver when San Diego Police Officer Anthony Arevalos pulled her over. She passed both a Breathalyzer and drunk driving field sobriety test, but that Arevalos decided to search her for "contraband," touching her breasts and buttocks and placing his hand "on top of her vagina." He then handcuffed her and took her to a police station, where she said she needed to use the bathroom. She alleges that he then took her to the bathroom himself, shut the door, and watched her urinate. Then he allegedly drove her to another station for booking, all the while asking if her breasts were real and if she had a boyfriend.

In her suit, Steele alleges that by the time she came into contact with Arevalos, the San Diego Police Department had already gotten complaints about him, but had neglected to follow up. In response to these allegations, city attorney's office communications director Gina Coburn claims that there had been one reported incident before Steele's. "Internal Affairs investigated that prior alleged incident and found insufficient evidence, but referred the matter anyway to the District Attorney’s office, which reviewed the evidence and declined to prosecute," she says. But Steele's suit says there were two reports beforehand, and that Arevalos also frequently bragged to other officers about pulling over attractive women.

The city has filed several motions in recent weeks in the case of Jane Roe, who says Arevalos "grabbed her genitals." One, seeking the release of Roe's real name, was just denied by a judge. Prevost claims the real goal of the motion was "to out her name to the press and to be abusive." Now attorneys for the city have filed another motion, to strike previous claims of sexual misconduct by other SDPD officers from the suit. Prevost believes this motion will fail because those claims are "relevant to a citywide policy" of ignoring or actively abetting police misconduct. She says this policy is still very much in effect — she cites another suit, filed in April by former Mesa, Arizona police officer Javier Cota, who says he was falsely arrested in June 2011 when he tried to intervene with two SDPD officers (neither of whom was Arevalos) who were allegedly harassing women.

Weekend DUI Checkpoints for Cinco De Mayo in San Diego County and Escondido

noreply@blogger.com (SanDiegoDUI) — Thu, 17 May 2012 00:56:00 +0000

San Diego County DUI Law Center features this free drunk driving location site for checkpoints and roadblocks.

Escondido drunk driving patrol from 6 p.m. May 5 to 2 a.m. May 6 resulted in DUI Police making 49 traffic stops, making 14 folks do optional field sobriety tests and arresting 8 drivers on suspicion of DUI during a San Diego County AVOID Task Force DUI saturation patrol over the Cinco de Mayo weekend.

San Diego's drunk driving criminal defense attorney Rick Mueller has a free evaluation online if arrested for DUI.

Attorneys lash out at DMV Manual on how to handle DUI hearings in San Diego & California

noreply@blogger.com (SanDiegoDUI) — Wed, 09 May 2012 22:53:00 +0000

The San Diego County DUI Law Center has just released a new Series of Articles on the California Department of Motor Vehicles (DMV) Driver Safety Hearing Office Manual changes.

The DMV attempts to increase its improper stranglehold on attempts by those accused of driving in DUI cases who simply exercise their constitutional right to remain silent. Lawyers have long accused DMV of unfair hearings.

DMV published these new sections in their chapter 12 on administrative per se hearings.

There are pointed blogs in response to this unlawful state corruption: San Diego DUI Lawyer Centerand California DUI Lawyer Center Blog. Read them now and ask yourself if it is ok for the Department of Morons & Villains to bypass the U.S. Constitution and California case law.

Toke & Drive in Colorado? Tough new DUI - Marijuana law passed five nanograms or more of Delta 9 THC per milliliter in whole blood while driving or within two hours of driving could be charged with DUI per se

noreply@blogger.com (SanDiegoDUI) — Thu, 03 May 2012 23:29:00 +0000

Lawyers in California have wondered how long it would take before a key state prevents the toke & drive. San Diego DUI attorneys are stunned by this news flash.

How does a state make a marijuana standard for drivers?

Here's what Colorado purports to do for a MJ DUI: if five nanograms or more of Delta 9 THC per milliliter in whole blood while driving or within two hours of driving could be charged with DUI per se.

This marijuana bill attacks Rocky Mountain Highers from driving under the influence of drugs and by increasing the penalties for doing so.

There was no previous DUI per se charge for people who drive under the influence of drugs.

Now, drivers whose blood contains five nanograms or more of Delta 9 THC per milliliter in whole blood while driving or within two hours of driving could be charged with DUI per se.

"It is the most liberal law not only in the United States at five nanograms, but quite possibly in the world."

What happened? This exact bill failed last year in the Senate after clearing the House. His continued push comes from what he calls an alarming trend.

"While the overall number of car accidents statewide has gone down over the past four years, those involving THC have actually gone up 59 percent."

This DUI drugs law would take the subjectiveness out of DUI arrests by establishing that nanogram cap.

DUI drugs law opponents say it will be expensive: the cost of this law, an umbrella type of approach, and they say there is no science behind the push. Many are quoted as questioning the usefulness of a five nanogram standard because THC lingers in the user's system.

Steve Elliot, a writer for internet blog "Toke of the Town" reports that medical marijuana patient and Denver Westword reviewer William Breathes registered at nearly triple the proposed limit when completely unimpaired and sober during a test last year.

Elliot says such evidence resulted in the original bill being shelved last year in favor of more study.

But local prosecutors say the testing that would be done if the bill passes would exclude users after a just a few hour window.

Fatal accidents involve drivers with only marijuana in their system. At a reading of the bill, the Senator listed off a number of accidents involving drugged drivers.

King claims there is valid science behind this cause. "The science is there and it's written in the blood of innocent people killed by DUI-D drivers."

More than a dozen states have laws on the books limiting the amount of THC drivers can have in their system. Pennsylvania has a similar 5 nanogram limit, a few other states have 2 nanogram thresholds, while many have a zero tolerance policy.

The bill now headed to the house and expected to easily pass also includes DUE per se charges for drivers who test positive for schedule-one controlled substances and a variety of synthetic drugs.

A legislative analysis released Monday estimated the pot DUI bill would cost more than half a million dollars next year to implement, requiring the bill to also be approved by the spending committee.

Application for Critical Need Restriction for San Diego drivers under 21 after DUI arrest or underage BAC citation

noreply@blogger.com (SanDiegoDUI) — Wed, 25 Apr 2012 00:15:00 +0000

If you are a California driver under the age of 21 years old and were arrested for a first offense San Diego DUI or cited for an underage BAC driving offense, this new San Diego Drunk Driving criminal defense attorney article explains how to get a restricted license after 30 days. If your San Diego DUI lawyer prevails at the DMV hearing, this process will not be necessary. This DUI license restriction information is from the California DMV:

Hardship Restriction – Drivers Under Age 21

Pursuant to §13353.8 VC upon issuing an order suspending a driving privilege as a result of a violation of §23136(a), the department may impose restrictions on a person’s driving privilege based upon a showing of a “critical need to drive.” This applies if within 10 years of the current violation of §23136 VC, the driver has not violated §23136 or has a prior APS action or conviction and has not been suspended or revoked for a PAS or other chemical test refusal.

“Critical need to drive” means the circumstances that are required to be shown for the issuance of a junior permit pursuant to §12513 Vc.

Types of restrictions allowed may be:

- To and from school - For family illness - To and from work - For family enterprise and/or business.

Do not impose the restriction earlier than the 31st day after the effective date of the order of suspension.

An APPLICATION FOR CRITICAL NEED RESTRICTION, DS 694, must be completed and submitted to the Driver Safety Actions Unit in headquarters.

If approved, a $100 reissue fee must be paid and a California Insurance Proof Certificate, SR 22, must be submitted. Upon receipt, restriction and comment indicating the restriction will be updated on, the driver record.”

It is best to consult with a San Diego California DUI Attorney Specialist on how to properly handle this process.

90 days Home Detention for San Diego County Sheriff's Department Deputy for DUI & Hit and Run

noreply@blogger.com (SanDiegoDUI) — Sun, 22 Apr 2012 21:28:00 +0000

San Diego DUI Lawyers want police to know that if they have legal problems and need an attorney, help will be provided. One San Diego County sheriff’s deputy convicted of DUI and hit & run was a police woman arrested in Palm Desert in August who faced 7 charges. She allegedly left the scene of a minor traffic collision on state Route 74 and drove to an apartment complex parking lot where she struck several parked cars and ran over a pedestrian’s foot. Also, she allegedly then drove several miles to a country club, where she allegedly crashed into a water fountain. Her sentence is 90 days of home detention. The California Superior Court Judge ordered San Diego County Sheriff's Department Deputy Barbara Crozier to serve 5 years of informal probation, completion of a DUI alcohol class. Crozier is still employed by the San Diego County Sheriff’s Department. She can still possess a firearm.

San Diego county goes after distracted drivers, texting drivers, cell phone drivers, DUI drivers and Drunk Drivers, attorneys hear

noreply@blogger.com (SanDiegoDUI) — Wed, 18 Apr 2012 23:39:00 +0000

San Diego DUI criminal defense attorneys understand that people like to use their cell phone too much while driving. If the police see you illegally texting, talking on a non-hands-free cellular phone or driving erratically, the San Diego county cop may stop you and cite you. If you have been drinking, this could lead to a full-blown DUI evaluation, San Diego attorneys say. A distracted driver is unsafe, perhaps unsafer than a San Diego California DUI driver, lawyers are told.

San Diego County Sheriff’s Department & San Diego's CHP (California Highway Patrol) teamed up to look for and pull over distracted drivers in San Diego County recently.

Goal: cite California violators for hands-free useage of cell phones and text messaging laws, Deputy Sheriff's and Highway Patrol Officers were out on the streets and highways of San Diego County looking for violations.

From April 9 to April 14, 2012, here's the "distracted driving" take by police in San Diego county:

Citations to Adult Drivers for violations of non-hands-free( 23123 CVC) or texting while driving (23123.5 CVC): 438

Citations to Juveniles for Zero Tolerance Violations (23124 Vehicle Code): Four

Observed Violations/No contact made due to priority calls: 514

Arrests: Four arrests were made after contact for distracted driving.

Many driver cited have prior citations for some form of distracted driving.

14 San Diego DUI drivers were arrested after being trapped at Ingraham drunk driving checkpoint in Pacific Beach, San Diego DUI attorneys keeping track of roadblock locations are told

noreply@blogger.com (SanDiegoDUI) — Mon, 16 Apr 2012 18:17:00 +0000

14 San Diego DUI drivers were arrested after being trapped at Ingraham drunk driving checkpoint in Pacific Beach, lawyers are told today. 1,400 person passed through this San Diego DUI checkpoint which could not be avoided at 2600 block of Ingraham Street between 9:30 p.m. Saturday and 2:45 a.m., according to San Diego DUI attorneys who keep track of San Diego DUI checkpoint & roadblock locations at this free website. This San Diego DUI roadlbock & drunk driving checkpoint was sponsored by San Diego Police Department and the nearby California Highway Patrol. 5 San Diego DUI drivers were arrested during saturation patrols in Chula Vista, California DUI attorneys are told. San Diego area DUI Officers nabbed 3 drivers with a suspended license and 2 unlicensed drivers during the DUI enforcement. The Chula Vista patrols were held in lieu of a scheduled checkpoint due to weather.

San Diego DUI Drunk Driver Helps Save Man after Crash, attorneys are told

noreply@blogger.com (SanDiegoDUI) — Sun, 15 Apr 2012 00:53:00 +0000

San Diego DUI criminal defense lawyers were told today that last night, an alleged San Diego DUI driver rescued a stranded motorist injured in the crash. The stranded guy was in a broken-down red truck on the shoulder of the I-805 at the 52. The victim was apparently on the side of the road as his son was enroute to rescue. See this video on Yahoo. An alleged San Diego drunk driver in a newer model BMW hit the man's vehicle on the freeway. The San Diego DUI arrestee was allegedly driving at "full" speed when he accidentally rammed the back of the broken pickup truck, DUI lawyers are told. The slam ripped the vehicle's axle off. Then its gas tank burst in flames upon explosion. Gas burnt and spread all over the road, says 1 of 3 of San Diego's California DUI Lawyers Association (CDLA) DUI attorneys. San Diego county firefighters mentioned it appeared like "a lake of fire." Injuries were immediately sustained by the victim upon impact. The alleged DUI victim was reportedly stuck in the burning pickup. The BMW driver - with help from another Good Samaritan - managed to save the victim by pulling him from the vehicle which was continuing to flame. The man later arrested for a San Diego DUI managed to drag the accident victim from the burning vehicle. Upon arrival by emergency units from San Diego County, the pickup truck was entirely engulfed in a flaming gas pool. Firefighters put the flames down, and rushed victim to a San Diego hospital. The Good Samaritan driver agreed to perform voluntary DUI tests. San Diego CHP DUI police claim he did not pass these acrobatics. It is unknown what weight, if any, was given to the fact that the Good Samaritan BMW driver may have been traumatized from a major accident. The Good Samaritan DUI arrestee suffered significant head and facial injuries as a result of this near-death impact, which may account for his failure to perform per the San Diego CHP DUI officer's satisfaction. While there may be innocent explanations for the so-called "fail" or "not completed per instructions," the gentleman was arrested for a San Diego DUI. It is unknown what the damages are to his BMW but he apparently will face some steep tow and impound fees for this San Diego drunk driving charge.

Chula Vista Police Department's San Diego DUI Saturation Patrol on 04/13/12 from 7 p.m. to 2 a.m. and a DUI/Drivers License Checkpoint on April 14th, 2012 within the city limits between the hours of 6:00 p.m. and 2:00 a.m., attorneys warn

noreply@blogger.com (SanDiegoDUI) — Sat, 14 Apr 2012 20:03:00 +0000

In San Diego county last night and tonight, Chula Vista Police Department features DUI Saturation Patrol on 04/13/12 from 7 p.m. to 2 a.m. and a DUI Checkpoint on April 14th, 2012 from 6:00 p.m. and 2:00 a.m. as weather permits, San Diego DUI attorneys warn. Driver's License Check is another purported reason for the roadblock, DUI lawyers in San Diego are told. DUI checkpoint locations in San Diego County are updated here by San Diego County DUI Law Center's attorney Rick Mueller. DUI cops do it this way: trap drivers at the San Diego county DUI checkpoint. They try to look for possible symptoms of alcohol & drug use or impairment, San Diego drunk driving lawyers are told. Remember acrobatics & gymnastics aka field tests are optional. Be polite & respectful. San Diego DUI cops claim they are also looking for valid California licenses. Incredibly, San Diego DUI checkpoint cops further maintain they will delay drivers "only momentarily." That usually does not happen, criminal defense attorneys know. There is lots of DUI money involved for San Diego county municipalities: fines, fees, DUI classes, costs, etc....can "exceed $10,000."

San Diego DUI / DMV Defense Attorney Blog features exclusive and elaborate San Diego DUI Help resources

noreply@blogger.com (SanDiegoDUI) — Sun, 08 Apr 2012 19:20:00 +0000

This San Diego DUI / DMV Defense Attorney Blog features exclusive and elaborate San Diego DUI Help resources. The San Diego County DUI Law Center specializes in drunk driving defense and is the professional law corporation maintained by California DUI Lawyers Association Specialist Attorney Rick Mueller.

Visible on elite sites such as Yahoo, Google, Yelp, Avvo, Trip Advisor, San Diego Metro Magazine, California DUI Lawyers Association website, National College for DUI Defense, publications such as San Diego DUI Law Center blog and the latest California DUI Lawyer Center Blog, these posts and twits allow viewers to stay current, read about celebrities, find out what is going on with corruption in the police department, discover locations of San Diego DUI checkpoints, gather pointers on avoid a California DUI, and educating the public on nuances associated with the top of a DUI.

Interstate or Driver's License Compact - states share DUI conviction information say San Diego DUI attorneys

noreply@blogger.com (SanDiegoDUI) — Sat, 07 Apr 2012 21:33:00 +0000

Under the Interstate Driver's License Compact (DLC), member States must communicate the fact of a conviction for DUI to the "Home State", according to the National College for DUI Defense lawyers' website. San Diego DUI lawyers remind that the "Home State" then takes action against the license under its own laws. Forty-five States are currently members of the Interstate Compact, according to these DUI attorneys. Out of State convictions count. Under all but a few geographical exceptions, it will be impossible for an out of State resident to avoid serious consequences in their home state. Suspension can however be avoided if proper steps are taken in the Courtroom and with the DMV. In addition to the Compact, non-residents need to be concerned with the impact of any action taken by the DMV in the offense State against their right to drive in their home State. Many out-of-state residents mistakenly assume that their license will remain valid in their home State even if they lose their right to drive in the offense State. Under the registry, (All 50 States) any State that suspends your license must input the suspension into the Registry's computer databank. Every member State is required to check the registry's databank whenever a person seeks to have his license renewed or applies for a new license, and are required to deny the license if there is an out of state suspension.

Police Chief Refuses to do Field Sobriety Tests after Arrested for DUI

noreply@blogger.com (SanDiegoDUI) — Sat, 07 Apr 2012 00:58:00 +0000

Police Chief charged with DUI refuses voluntary tests, reports the San Diego County DUI Law Center. Maybe the Chief knows that little or no reliable can be placed on the outcome of field sobriety tests aka acrobatics aka gymnastics, San Diego DUI attorneys suggest. Read this San Diego Fox News story .

Escondido Police Stage DUI Checkpoint Saturday Night despite criticism by San Diego Media, DUI attorneys are told

noreply@blogger.com (SanDiegoDUI) — Fri, 06 Apr 2012 23:55:00 +0000

Escondido Police Department plans yet another California DUI / Drivers License checkpoint Saturday, April 7, 2012 from Six P.M. to midnight. Police will patrol all night and especially between 12 PM and 3:00 AM. Escondido DUI Checkpoints in California are common. Exact locations are maintained by San Diego County DUI Law Center here. California DUI Officers take those trapped in the checkpoint to San Diego County Jail. So stay alert and sober.

Escondido in Trouble over illegal profits from San Diego California DUI checkpoints, attorneys insist

noreply@blogger.com (SanDiegoDUI) — Thu, 05 Apr 2012 00:57:00 +0000

You hate to see California cities unfairly profit. But San Diego DUI attorneys know it happens. The money San Diego DUI lawyers say Escondido makes off checkpoints is now in question. Illegally profiting from San Diego county California DUI checkpoints? Escondido’s checkpoints started out as “driver’s license checkpoints,” purportedly designed to catch hit-and-run drivers and typically conducted during morning hours. But state law prohibits stopping drivers solely to check their license status, so Escondido renamed the daylight operations DUI “sobriety checkpoints.” But state grant money cannot be used for “sobriety checkpoints” before 6 p.m., after which drunk drivers are more prevalent. The latest criticisms, from investigative documentary reporter John Carlos Frey of Los Angeles and the local chapter of the ACLU, involve Escondido’s towing, impoundment and processing fees, which once approached $1,300 for each seized car but plummeted recently because of a new state law that imposed tighter restrictions on impoundments. A report by Escondido’s Finance Department showed that it costs the city $185.05 to seize a car, and that it charges motorists $100 or $180 depending on the circumstances. City Manager Clay Phillips says that, based on the report, the city’s charges are appropriate. The city also denies that it is misusing state grant money. But Frey and the ACLU say Escondido’s charges are significantly higher than what other local cities charge. San Diego, for example, charges $54; San Marcos, $58; Poway, $70; and Vista, $120. In the last three years, Escondido and tow companies reportedly raked in $11 million from seized cars. Because of the new state law, Escondido must now allow a sober driver whose only offense is not having a valid license to turn the car over to a licensed driver. That is what other cities were doing all along. Escondido long ago lost credibility on the checkpoint issue. According to the ACLU, some $350,000 in state grant money is unaccounted for. And is it plausible that Escondido’s costs for seizing a car are three times that of San Diego’s? Or that it took just 33 minutes of police labor for Escondido to seize a car in 2007 but it now requires 187.5 minutes? Seizing a car, according to Escondido, costs $1.44 in wear and tear on bulletproof vests and $5.77 in patrol unit depreciation and maintenance. Really? All of this may well land Escondido in court, and will only add to its unfortunate reputation as a city that goes overboard in targeting undocumented immigrants. But it should not come to that. Escondido ought to ask an independent agency, perhaps the state auditor, to conduct a review. Otherwise, suspicions will continue to grow that in trying to enforce the law, the city is in fact abusing it.

Wet n reckless not what you think - this is a San Diego brewery - not a DUI charged reduced by your attorney

noreply@blogger.com (SanDiegoDUI) — Thu, 29 Mar 2012 00:59:00 +0000

San Diego DUI criminal defense lawyers are often asked what is a "wet and reckless."

Any tour of multiple breweries carries with it both the possibility of discovering the next big thing or the next big disappointment. Sometimes a brewing company you had little to zero expectations for shocks your taste buds into standing up, taking notice and turning you into a lifelong fan or vehement hater. Other times, a place turns out to be everything you thought it would be and possibly even more. That was the case for a Reader writer with Wet ‘N Reckless.

Wet ‘N Reckless is located at 10054 Mesa Ridge Court, Suite 132, San Diego California.

Despite hearing multiple negative reports, I forced myself to leave them all behind as my companions and I made our way through the Mira Mesa business park labyrinth to Wet ‘N Reckless. Objectivity is not only important, but something it’s my duty to maintain until given firsthand evidence to abandon. Entering the small, mashed together, juvenilely decorated tasting room did little to foster encouragement, but no brewer should be judged on their interior design skills. We ordered a eight-beer taster flight, took our seat at a flimsy wooden table and sampled away.

Rather than spend paragraphs dissecting the individual problems we found in each beer, I’ll mercifully sum up the general problems we found across the line in as brief a manner as possible. Overall, the beers were syrupy (you could probably lacquer your woodshop creations with Hells Belg), suggestive of large amounts of diacetyl (too many to individually note), tasted awful (all of them), were the wrong color (the most unidentifiably dark IPA I’ve ever seen), and terribly named (Genocide IPA, Pop My Cherry Ale).

Speaking of ill-conceived names, “wet and reckless” is a term used to describe a type of DUI plea in the State of California. Wet ‘N Reckless owner Dave Hyndman claims the name of his business has nothing to do with any of that and refers to his “reckless” (you can say that again) brewing style. Further driving all of that what-not home is a handful of laser-printed signs posted up in the tasting room encouraging people to consume responsibly and drive safely. My favorite was the one taped up next to a poster of sobriety spokesmodel, Jeff Spicoli.

The total cost for our shared misery was nine dollars—over a buck per plastic cup (because, really, nothing maintains the temperature, flavor and integrity of an artisanal beverage like plastic, right?) of subpar suds. Despite the three of us reluctantly taking second and third sips, trying to find redeeming qualities to note, not one of those beers got finished. I’m still reeling at the fact our hard-earned money was exchanged for lazily manufactured, extract-infused shortcut beer.

That’s right…extract is used. That in itself is not the worst thing in the world. I know many homebrewers—you know, beginners just getting their feet wet (but not necessarily reckless)—who produce totally drinkable extract brews. When given encouraging compliments, they typically smile before shrugging and saying stuff like, “thanks, but it’s just an extract brew…I’m working my way up to all-grain brewing.”

What’s the point in going to all the work when you can just take extract recipes, open up shop and join the ranks of San Diego’s rich pantheon of award-winning, top notch brewmasters? I suspect Hyndman is about to find out.

I don’t presume to be clairvoyant or have the end-all opinion where craft beer is concerned, but I possess a pretty solid understanding of San Diego, our drinkers, and the rest of the local beer industry playing field. Not only can Wet ‘N Reckless not hang with the likes of heavy hitting Major Leaguers like AleSmith, Ballast Point and The Lost Abbey—they’ll be hard pressed to sustain a meager life treading water in the minors, especially with Green Flash Brewing Company’s grand scale facility occupying the intersection giving way to Wet ‘N Reckless’ obscure, darn-near-hidden digs. It’d be like passing up The French Laundry and driving a longer distance to get to Jacque dans le Boîte (Jack in the Box).

Drowsy Driving can be as or more dangerous than DUI or drunk driving or texting while driving

noreply@blogger.com (SanDiegoDUI) — Wed, 28 Mar 2012 00:40:00 +0000

DUI driving or DWT driving when texting is dangerous and can easily be the reason for a collision, San Diego DUI attorneys remind.

What about that known silent risk factor that slows down reaction time just as much, if not more: drowsy driving, ask DUI lawyers in San Diego?

If you are tired or driving drowsy, please safely pull off the road at the first safe and legal chance to do so.

“Most people know [the danger involved] when they’ve had a little too much to drink and then drive,” says Phil Konstantin of San Diego, California, who served on the CHP for 20 years. “But almost every single driver is likely to drive [drowsy] at one time. Yes, it happens at night on the highway, but it also happens in the middle of the day on a small road in town.”

In the November 2010 study, the AAA Foundation for Traffic Safety found that 41 percent of drivers admitted to falling asleep or nodding off while driving at some point in their lives. More than one in four drivers admitted to driving when they were “so sleepy that [they] had a hard time keeping [their] eyes open” at least once in the month before the survey was conducted.

In a report published last year, the National Highway Traffic Safety Administration estimated that drowsy driving was involved in 2.2 to 2.6 percent of all fatal crashes nationwide each year during the period of 2005 through 2009. In 2009, drowsy driving was involved in 832, or 2.5 percent, of fatal crashes in the United States.

Konstantin knows far too much about the topic, both professionally and personally. As a public affairs officer for the California Highway Patrol, Konstantin gave talks on public safety and driving. One of the topics he discussed was drowsy driving. So it was especially heartbreaking when his wife, Robyn, was killed in a drowsy driving incident on April 6, 1999.

“She was a good driver, used to long distance and had heard all about safe driving from me,” says Konstantin. Nevertheless, she died in the middle of the night on a long stretch of road in Texas when she fell asleep, woke up and crashed into a guardrail that crushed her inside the car.

Robyn was a mile and a half past a rest stop when she crashed. Konstantin wishes she had stopped there; it could’ve saved her life.

In 2005, Konstantin successfully petitioned the California State Senate and the California State Assembly to have April 6 declared Drowsy Driving Awareness Day to educate other drivers on when to get off the road.

If your eyes are closing or losing focus, if staying in your lane is challenging, if you miss exits or turns, if you can’t remember where you’ve been or when the song changed, you may have already nodded off. At that point, it’s time to get off the road. The highway is especially dangerous because of the speed limit.

“At 65 miles an hour, you are covering 100 feet a second,” says Konstantin. “Two seconds means the length of two football fields, and that’s a lot of opportunities for something to go wrong.”

Monotonous highway driving can have a hypnotic effect, so switch off driving every two hours and take frequent breaks. Avoid driving after taking any medication that advises against the use of heavy machinery because that description includes your car. Make sure you get the proper amount of sleep before long trips, and check your energy level before short ones.

A 20-minute nap can help revive you. If you can’t take a nap, exit the car, stretch your muscles and walk around for a few minutes. If it’s impossible to stop quickly, try chewing gum, turning on cold air, drinking caffeine or listening to talk radio. Any of these activities can help revive you for very short periods of time. Just get off the road, suggests criminal defense attorneys handling DUI cases in San Diego.

Former San Diego County, Mission Bay High School Player Matt Bush was arrested for DUI - former San Diego Padres/Tampa Bay Rays player

noreply@blogger.com (SanDiegoDUI) — Fri, 23 Mar 2012 19:22:00 +0000

Former San Diego County, Mission Bay High School Player Matt Bush was arrested for DUI in Florida.

The former San Diego Padres/Tampa Bay Rays player also faces DUI hit and run for an accident, raising the stakes per drunk driving attorneys.

A struck 72 year old motorcyclist remains in serious condition, according to San Diego DUI lawyers.

Florida Highway Patrol reports that at apx. 5:22 p.m., the suspect hit the rear of said motorcycle after moving behind it on US 41. The motorcycle overturned, ejecting Tony Tufano.

DUI Attorney Prosecutors maintain Bush allegedly then fled the scene, heading south on US 41. A BOLO was issued for his Dodge SUV and he was later found heading south on Toledo Blade Blvd. in North Port.

Regular and DUI Officers stopped and arrested him.

One investigating DUI officer claims Bush had bloodshot and watery eyes, slow body movements, slurred speech, smelled of alcohol and was unsteady on his feet.

Bush initially refused to take a blood test, but did so after being informed of the severity of the crash. He also allegedly blew .180% and .171% during subsequent breath test estimations.

The 26 year old has previous DUI charges in California and Arizona.

The report allegedly states Bush said to officers he purportedly has "a serious alcohol problem and how he will be unable to play baseball."

Bush allegedly told investigators he was coming home from Sarasota while shopping at a mall and had "stopped and bought a few" and "kept driving."

An FHP trooper asked Bush if the incident was a serious awakening, and Bush allegedlyreplied it wasn't and he had "already been there."

Bush allegedly admitted to hitting a pole earlier in the day in Sarasota, and he said he didn't see the motorcycle or remember hitting it.

Bush is facing charges of Fleeing the Scene with Serious Injuries, Driving with a Suspended License with Serious Injuries, DUI with Serious Injuries, and DUI with Property Damage. He remains in jail without bond.

Bush, the San Diego Padres selected with the No. 1 pick of the 2004 draft, has spent time in rehabilitation. It may be time to find a more effective private treatment program.

Police woman allegedly school steals bus before arrested for San Diego DUI, attorneys report

noreply@blogger.com (SanDiegoDUI) — Wed, 21 Mar 2012 00:32:00 +0000

After celebrating at Hooley’s Irish Pub & Grill in Rancho San Diego Saturday night for St. Patrick's Day, Jenifer Peckham helped herself to a bus paid for by the bar to take home drunk customers.

She was allegedly very drunk, stepped out to talk to San Diego County sheriff’s deputies, then climbed into the driver’s seat and drove the bus away, according to San Diego DUI lawyers.

San Diego DUI Deputies pulled her over right away and and arrested her. The lady went to jail for the San Diego California DUI and auto theft arrest, say San Diego DUI attorneys.

Escondido allegedly utilized California-financed San Diego DUI checkpoints for deporting aliens and undocumented immigrants

noreply@blogger.com (SanDiegoDUI) — Mon, 12 Mar 2012 21:39:00 +0000

The City of Escondido allegedly utilized California-financed San Diego DUI checkpoints for deporting aliens and undocumented immigrants.

1,800 vehicles trapped in an Escondido DUI checkpoint from 6 p.m. March 9 Friday to midnight in vicinity of Valley Parkway and Juniper Street resulted in 4 drunk driving arrests.

Escondido maintains it changed its Drunk Driving roadblock practice earlier this year after a new state law regulating vehicle impounds took effect. But immigrant advocates remain rankled by the practice.

Escondido has a population of 145,000, 49 percent of whom are Latino. In the past several years, the city council has enacted ordinances and legislation directly targeting the growing Latino and undocumented-immigrant population.

In 2006, landlords were banned from renting to anyone without proof of legal residency – a restriction quickly struck down by the courts as unconstitutional. Soon after, restrictions on food carts and parking in Latino neighborhoods were proposed. Tension between the city and the Latino and immigrant population escalated.
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Tow Contract Fee Analysis

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Executive Summary of Proposal

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Tow Program Fiscal Summary

Tow Program Fiscal Summary

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Tow Yard Proposal

Tow Yard Proposal

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Then in 2010, Escondido police joined efforts with ICE in an exclusive agreement known as “Operation Joint Effort.” This close association helped Escondido police use ICE during DUI checkpoints to check for immigration status.

The checkpoints net about 10 unlicensed drivers for every drunk driver; and the vast majority of unlicensed drivers are undocumented immigrants.

In the past three years, Escondido and tow companies with city contracts have pulled in $11 million in fees, citations and auctioned vehicles from checkpoints.

According to ICE, Escondido is the only city in the country to have a special agreement to notify ICE agents about illegal immigrant suspects. ICE agents have an office at the Escondido Police Department and are on standby during sobriety checkpoints.

The State of California’s Office of Traffic Safety (OTS) provides grants to fund DUI checkpoints throughout California. Escondido Police insist that checking a driver’s license at DUI checkpoints is mandatory in order to qualify for state grants. But an OTS spokesman said that they “do not penalize a grantee for not checking (a driver’s license).”

According to Escondido resident Bill Flores, a retired assistant sheriff for San Diego County, the checkpoints unfairly target immigrants.

“It is a way for the police department to make it so hard for them to live here that they will move somewhere else,” he said.

No one from the Escondido mayor's office, nor from police headquarters, responded to a request for an additional interview or comment on this story.

One of the conditions of the OTS grant program, which awards $350,000 per year to Escondido, is that profits cannot be generated from checkpoints. Also, by law the state of California does not allow police agencies to make a profit from towing cars; only to recoup expenses.

Yet an extensive review of city and police documents reveals that Escondido has been profiting immensely from both state-funded DUI checkpoints and towing of cars.

In order to be able to tow vehicles for the city of Escondido, a tow company had to pay the city $25,000 in 2004. By 2007, the fee was up to $50,000; and by 2011, it reached $100,000. After tow companies demanded justification for the steep increase, the city recently reduced the fees. Each of the six tow companies now pays the city $75,000, a total of $450,000 per year.

There’s a reason that tow companies are willing to pay so much to be included. During the past eight years of state-funded DUI checkpoints, they made millions of dollars.

On average, 5,000 vehicles were towed each year from 2004 to 2011. Unlicensed drivers in Escondido were being caught by the thousands and each one represented an impound fee, a tow hitch fee, and a 30-day impound storage fee totaling about $2,000 per vehicle.

In 2007, according to Escondido Police documents, the department considered starting their own city-run tow yard so that they could keep most of the revenue. Escondido abandoned the venture, but it was clear that the city was interested in increasing profits from state-funded checkpoints and the towing of cars – profits that are illegal.

State law requires that Escondido police justify tow fees and bill the tow companies only to recoup the direct costs of towing cars. In order to substantiate the $450,000 they receive from the tow companies, the Escondido police department has had to employ what some label creative accounting.

A 2011 city report lists as towing expenses items such as bulletproof vests, weapons and wear and tear on police radios, cell phones and vehicles. These line items represent at least 60 percent of expenses for the towing program.

To justify raising tow-contract fees, the Escondido Police Department has also reported that the amount of labor involved in a tow has substantially increased. According to 2004 and 2007 tow-program reports, the department said it would take a total of 33 minutes of labor to tow a vehicle, including paperwork. But by 2011, the police department claimed it took 187.5 minutes.

Marcos Ramirez, a retired sergeant who handled traffic safety for the San Diego County Sheriff’s department, said this doesn’t add up.

“There is no need to bill for so much time to tow a vehicle,” said Ramirez. “Either Escondido is looking to pad their books, or they don’t know how to tow a car. If it took my officers that long to tow a vehicle, they would be fired.”

In addition to collecting $450,000 a year from tow companies as well as the $350,000 in grant money from the OTS, Escondido also collects a $180 impound fee from the owner of each car. For the ICE-related tows, that amounts to an average of about $500,000 a year.

Yet, the state grant for DUI checkpoints is all-inclusive, intended to cover officer labor time and equipment. It would appear therefore that Escondido is making an illegal profit off of every checkpoint tow.

This past year, Escondido reduced its impound fees from $180 to $100 for cars that were towed from OTS checkpoints. Repeated requests were made for documents justifying the reduction in fees. But Escondido officials say the documents do not exist.

San Diego area police often do not perform timely DUI accuracy checks on hand-held breath test gadgets called PAS tests every 10 days or 150 subjects

noreply@blogger.com (SanDiegoDUI) — Thu, 08 Mar 2012 01:22:00 +0000

San Diego area police often do not perform timely DUI accuracy checks on hand-held breath test gadgets called PAS tests every 10 days or 150 subjects whichever comes first, as required by California's Code of Regulations.

This writer this week has experienced 2 DUI cases where the San Diego county area police dropped the ball on maintenance & calibration. The CHP's own form even states it should be done. But do cops do it? Or do they sometimes fail? The latter.

San Francisco Police Department's recent DUI evidence problem involves numerous DUI arrests and convictions which are now in issue since SFPD was using equipment that wasn't in working order.

SF Public Defender attorney Jeff Adachi revealed 6 years' worth of DUI convictions cases that could be dismissed.

The hand-held breath test gadgets, Preliminary Alcohol Screening devices, were not properly tested or calibrated by DUI police, who have yet to explain why not.

Even though judges routinely admit these results - often without timely foundational objections by DUI lawyers - these gadgets aren't the Implied Consent big Breathalyzer tests.

These are not the only way DUI cops get probable cause to make a DUI arrest, either.

Maybe a thousand or so cases handled by the Public Defender's lawyers alone are potentially impacted.

The District Attorney has yet to release an estimate, but it handles 100's of DUI cases annually. I bet the PAS is used in most of those California DUI cases.

California is an implied consent state so you have to take a big breath or blood test at jail or station if arrested. If you wisely deny the option of taking a PAS test, cops will usually still arrest you as they've already made their decision. So why take the optional PAS test unless required to do so if on probation or under 21. Your attorney is better served not having to waste time fighting excessive amount of optional and unreliable tests.

Third Brake Light out not reasonable suspicion for officer to stop a vehicle, arrest for DUI or admit any evidence in Kansas, New Jersey & Arizona

noreply@blogger.com (SanDiegoDUI) — Fri, 02 Mar 2012 01:40:00 +0000

Kansas police stop is illegal in the criminal court when 2 of the 3 brake lights are working, per language in court case, say DUI attorneys. [Martin v. KDR, 285 Kan. 625, 176 P.3d 938 (2008)]

New Jersey Title 39 requires only a total of two functioning tail lights on each side and therefore the malfunctioning of a surplus lamp does not give rise to a reasonable suspicion of a motor vehicle code violation, regardless of officer’s mistaken view of the law. [State v. McDade, 2009 WL 804636 (2009)]

Third Brake Light out not reasonable suspicion for officer to stop a vehicle, arrest for DUI or admit any drunk driving evidence in Arizona, say DUI lawyers there. Recent AZ Drunk Driving case as follows:

In State of Arizona v. Fikes, --- P.3d ----, 2011 WL 6318947 (Ariz.App. Div. 2) a police officer observed that the brake light located at the top rear of Fikes's vehicle was not working and stopped him for violating A.R.S. § 28–939. The vehicle's two other brake lights were working. The officer observed no other traffic infractions, nor did the officer articulate any other reason for the stop. After stopping the vehicle, the officer discovered Fikes had been driving under the influence of alcohol. Fikes moved to suppress all of the evidence obtained from the traffic stop on the grounds the officer lacked reasonable suspicion to make the stop. The trial court denied the motion and evidence of the investigation was presented at trial. After Fikes was convicted and sentenced, he appealed.

On appeal, the defendant claimed that the statute only required one working stop lamp, and he had 2 of 3 in working condition. The statutes read that: “A person ... shall not drive a vehicle on the highways unless it is equipped with a stop lamp that meets the requirements of § 28–939.” A.R.S. § 28–927. Section 28–939 is titled “Signal Lamps and Devices,” sets forth some technical requirements for stop and other lamps, and provides in relevant part: “If a vehicle is equipped with a stop lamp or other signal lamps, the lamp or lamps shall: 1. Be maintained at all times in good working condition. 2. Not project a glaring or dazzling light.”

The court found that the statute only required one working lamp, and so they reversed the conviction. At oral argument, the state contended the legislature could have wanted to require all installed stop lamps to work because a non-functioning stop lamp could confuse other drivers. In response, the court wrote:

"However, the legislative history does not indicate that the legislature was concerned with this possibility. And nothing in the record indicates any other driver was or could have been confused here. The state also claimed this decision could discourage police officers from stopping dangerous vehicles under a public-safety or community-welfare exception. See, e.g., State v. Mendoza–Ruiz, 225 Ariz. 473, 240 P.3d 1235 (App.2010); State v. Organ, 225 Ariz. 43, 234 P.3d 611 (App.2010). But the officer here did not testify that he was motivated by public safety or community welfare."
-------------------------------------

Court of Appeals of Arizona,
Division 2, Department A.
The STATE of Arizona, Appellee,
v.
Aaron Raymond FIKES, Appellant.
No. 2 CA–CR 2011–0124.
Dec. 16, 2011.
Appeal from the Superior Court of Pima County; Cause No. CR20102760001; Honorable Deborah Bernini, Judge. VACATED AND REMANDED.
Thomas C. Horne, Arizona Attorney General by Kent E. Cattani and David A. Sullivan, Tucson, Attorneys for Appellee.

Law Office of Lawrence Y. Gee, P.L.L.C. by Lawrence Y. Gee, Tucson, Attorney for Appellant.
OPINION
HOWARD, Chief Judge.

*1 ¶ 1 After a jury trial, appellant Aaron Fikes was convicted of aggravated driving under the influence and aggravated driving with a blood alcohol concentration of .08 or higher, both with a suspended license. The trial court sentenced him to concurrent terms of four months' imprisonment followed by three years' probation. On appeal, Fikes argues the court erred in denying his motion to suppress evidence obtained during a warrantless stop of the vehicle he was driving, claiming the stop was not supported by reasonable suspicion. Because we find the police officer lacked a reasonable suspicion to stop Fikes, we reverse.

Factual and Procedural Background
¶ 2 “When reviewing a trial court's denial of a motion to suppress, we consider only the evidence presented at the suppression hearing.” State v. Blakley, 226 Ariz. 25, ¶ 5, 243 P.3d 628, 630 (App.2010). The relevant facts are undisputed. A police officer observed that the brake light located at the top rear of Fikes's vehicle was not working and stopped him for violating A.R.S. § 28–939. The vehicle's two other brake lights were working. The officer observed no other traffic infractions, nor did the officer articulate any other reason for the stop. After stopping the vehicle, the officer discovered Fikes had been driving under the influence of alcohol. Fikes moved to suppress all of the evidence obtained from the traffic stop on the grounds the officer lacked reasonable suspicion to make the stop. The trial court denied the motion and evidence of the investigation was presented at trial. After Fikes was convicted and sentenced, he appealed.

Discussion
¶ 3 Fikes argues that, because Arizona law requires that a vehicle be equipped with only a single brake light, when a vehicle is equipped with more than one light, A.R.S. § 28–939 requires that only one light be operational. He contends that, because he had two working brake lights, the officer lacked reasonable suspicion of criminal activity to stop him for the single light that was not working. When reviewing a trial court's denial of a motion to suppress, we accept the court's factual findings absent an abuse of discretion, State v. Valle, 196 Ariz. 324, ¶ 6, 996 P.2d 125, 127 (App.2000), but when an issue involves the interpretation of a statute, we review that issue de novo, State v. Gonzalez, 216 Ariz. 11, ¶ 2, 162 P.3d 650, 651 (App.2007).

¶ 4 Police officers may “stop and detain” any person for an actual or suspected violation of Title 28. A.R.S. § 28–1594. However, “[a]n investigatory stop of a vehicle constitutes a seizure under the Fourth Amendment.” State v. Fornof, 218 Ariz. 74, ¶ 5, 179 P.3d 954, 956 (App.2008). Such a seizure is constitutionally permissible only if the officer has a reasonable suspicion of criminal activity. State v. Teagle, 217 Ariz. 17, ¶ 20, 170 P.3d 266, 271–72 (App.2007).

¶ 5 “A person ... shall not drive a vehicle on the highways unless it is equipped with a stop lamp that meets the requirements of § 28–939.” A.R.S. § 28–927. Section 28–939 is titled “Signal Lamps and Devices,” sets forth some technical requirements for stop and other lamps, and provides in relevant part: “If a vehicle is equipped with a stop lamp or other signal lamps, the lamp or lamps shall: 1. Be maintained at all times in good working condition. 2. Not project a glaring or dazzling light.”

*2 ¶ 6 “The court's chief goal in interpreting a statute is ‘to fulfill the intent of the legislature that wrote it.’ “ Bilke v.. State, 206 Ariz. 462, ¶ 11, 80 P.3d 269, 271 (2003), quoting State v. Williams, 175 Ariz. 98, 100, 854 P.2d 131, 133 (1993). When the language is clear, the court may not consider other methods of statutory interpretation “unless application of the plain meaning would lead to impossible or absurd results.” Id. If a statute is ambiguous, we consider “the statute's context, subject matter, historical background, effects and consequences, and spirit and purpose.” Zamora v. Reinstein, 185 Ariz. 272, 275, 915 P.2d 1227, 1230 (1996). However, we may not construe part of a statute in a way that would render any other part of the statute “ ‘void, superfluous, contradictory or insignificant.’ “ State v. Larson, 222 Ariz. 341, ¶ 14, 214 P.3d 429, 432 (App.2009), quoting Pinal Vista Props., L.L.C. v. Turnbull, 208 Ariz. 188, ¶ 10, 91 P.3d 1031, 1033 (App.2004).

¶ 7 The plain language of § 28–927 requires a vehicle to have only one stop lamp meeting the requirements of § 28–939. See § 28–927 (unlawful to drive on highways unless vehicle “equipped with a stop lamp”). Unlike “stop lamp,” “signal lamps” is a term used generically in the statute and includes the term stop lamps. See § 28–939 (entitled “Signal lamps and devices”), (B) (turn signal described as “signal lamp or lamps indicating the intention to turn”). However, in § 28–939(B) the word “other” before “signal lamp” indicates that “other signal lamps” does not include the previous itema stop lamp. Cf. Speros v. Yu, 207 Ariz. 153, ¶¶ 20–21, 83 P.3d 1094, 1099 (App.2004) (“other tract of land,” in city code's reference to “exterior boundary of a subdivision or other tract of land,” distinguished subdivisions from other land tracts). As a result, the statute does not necessarily require that all installed stop lamps be kept in good working condition. We already have determined that § 28–927's requirement that a vehicle be equipped with “a stop lamp” means one stop lamp. Therefore, using the same meaning in the maintenance provision of § 28–939, only one stop lamp need “[b]e maintained at all times in good working condition.” See § 28–939(B)(1); Obregon v. Indus. Comm'n, 217 Ariz. 612, ¶ 21, 177 P.3d 873, 877 (App.2008).

¶ 8 On the other hand, we note the same sentence which requires “a stop lamp” to be maintained at all times also requires that “a stop lamp ... not project a glaring or dazzling light.” FN1 § 28–939(B)(1), (2). Consistency with our interpretation above would imply that § 28–939(B)(2) requires only a single stop lamp to not cause glare to nearby drivers. See Obregon, 217 Ariz. 612, ¶ 21, 177 P.3d at 877. But the legislature would have intended that no lamp or light create glare, impairing other drivers. Thus, we conclude the statute is ambiguous.

FN1. Fikes notes the requirement that a stop lamp “not project a glaring or dazzling light” is not at issue in this appeal. However, when interpreting statutory provisions we will consider them within the context of related provisions. Cicoria v. Cole, 222 Ariz. 428, ¶ 14, 215 P.3d 402, 405 (2009).

*3 ¶ 9 When a statute is ambiguous, we “ ‘may consider both prior and subsequent statutes in pari materia.’ “ Sweet, 143 Ariz. 266, 270, 693 P.2d 921, 925 (1985), quoting Automatic Registering Mach. Co. v. Pima Cnty., 36 Ariz. 367, 373–74, 285 P. 1034, 1036 (1930). Before 1997, § 28–939(B) stated, “When a vehicle is equipped with a stop lamp or other signal lamps, such lamp or lamps shall at all times be maintained in good working condition. No stop lamp or signal lamp shall project a glaring or dazzling light.” 1950 Ariz. Sess. Laws 1st Spec. Sess., ch. 3, § 133; 1996 Ariz. Sess. Laws, ch. 76, §§ 3, 312. In this version, the legislature chose to distinguish between requiring a stop lamp be maintained and prohibiting all stop lamps from projecting a glaring light. See Egan v. Fridlund–Horne, 221 Ariz. 229, ¶ 37, 211 P .3d 1213, 1223 (App.2009) (when legislature uses different words in statute, it intends different meanings). Applying the same analysis as we used above, “a stop lamp” requires only one stop lamp be maintained and because the prohibition against glare is separate, no ambiguity is injected.

¶ 10 In 1995, the Arizona Legislature repealed and replaced Title 28 with the language present in the statute today.FN2 1995 Ariz. Sess. Laws, ch. 132, §§ 1, 3. The descriptive phrase of the bill was “title 28 technical rewrite” and the Senate Research Analyst categorized it as “the technical portion of the Title 28 Technical Rewrite legislation.” S. Transp. Comm. Minutes, 42d Leg., 1st Reg. Sess. (Ariz. Feb. 16, 1995).

FN2. Although passed in 1995, Senate Bill 1364 took effect “from and after December 31, 1996.” 1995 Ariz. Sess. Laws, ch. 132, §§ 3, 12. One of the effects of S.B. 1364 was a renumbering of all of the Transportation Statutes. Id. (enacting current § 28–939 as A.R.S. § 28–3179). However, before S.B. 1364 took effect, the legislature passed S.B. 1076 which reverted to the old numbering but did not make any changes to the text of § 28–939. 1996 Ariz. Sess. Laws, ch. 76, § 18. Therefore, although S.B. 1364 is the most recent modification, we need not consider it in our analysis.

¶ 11 Statements of non-legislators may be relied upon if there are “ ‘sufficient guarantees that the statements reflect legislators' views.’ “ Ballesteros v. Am. Standard Ins. Co. of Wisc., 226 Ariz. 345, ¶ 20, 248 P.3d 193, 197–98 (2011), quoting Hayes v. Cont'l Ins. Co., 178 Ariz. 264, 269–70, 872 P.2d 668, 673–74 (1994). Here, the comments were made by the legislative analyst, not simply a member of the public. And no other comments made at the hearing suggest the legislation would effect a substantive change on the law. S. Transp. Comm. Minutes, 42d Leg., 1st Reg. Sess. (Ariz. Feb. 16, 1995). Thus, we may rely on these minutes as an indication that the legislature intended the 1995 legislation to make technical, not substantive, changes to the statute. Therefore, § 28–939(B)(1), like its predecessor, requires only one stop lamp be maintained.

¶ 12 We recognize that our construction of § 28–939 requires that “a stop lamp” means “one stop lamp” for the purposes of maintenance and “any stop lamp” for the purposes of controlling glare. However, upholding legislative intent is our primary goal. Bilke, 206 Ariz. 462, ¶ 11, 80 P.3d at 271. Nor will we place great significance on the distinction between the two provisions merely because the legislature has used inartful language. Cf. Washburn v. Pima Cnty., 206 Ariz. 571, ¶¶ 12–14, 81 P.3d 1030, 1035 (App.2003) (difference between county and municipal zoning enabling acts did not evince different intentions by legislature). If our construction is in error, the legislature is free to correct our mistake.

*4 ¶ 13 The state nevertheless notes that § 28–939(B) refers to “a stop lamp or other signal lamps” as “the lamp or lamps.” The state contends the phrase “the lamp or lamps” applies to both “a stop lamp” and “other signal lamps.” Based on this construction, the state then argues the legislature contemplated the possibility of more than one stop lamp and intended that all be maintained. However, nowhere in the statute is stop lamp referred to in the plural. § 28–939. And, as we already have discussed, “other signal lamps” refers to lamps other than stop lamps and so does not include additional stop lamps.

¶ 14 The state also points to a requirement in article 16 that “other equipment” be maintained “in proper condition and adjustment as required in this article.” A.R.S. § 28–921(A)(1)(b). But that provision is limited by the phrase “as required by this article.” The only statute in article 16 that speaks to the maintenance of stop lamps is § 28–939. And, as discussed, § 28–939 requires that only one stop lamp be maintained. Therefore, Fikes's top rear stop lamp, although not working, did not violate any of the requirements of article 16.

¶ 15 At oral argument, the state contended the legislature could have wanted to require all installed stop lamps to work because a non-functioning stop lamp could confuse other drivers. However, the legislative history does not indicate that the legislature was concerned with this possibility. And nothing in the record indicates any other driver was or could have been confused here. The state also claimed this decision could discourage police officers from stopping dangerous vehicles under a public-safety or community-welfare exception. See, e.g., State v. Mendoza–Ruiz, 225 Ariz. 473, 240 P.3d 1235 (App.2010); State v. Organ, 225 Ariz. 43, 234 P.3d 611 (App.2010). But the officer here did not testify that he was motivated by public safety or community welfare. And § 28–921(A)(1)(a) prohibits any vehicle from being driven in an unsafe condition. Therefore, we need not decide the relevance of public-safety or community-welfare concerns in this case.

¶ 16 Because the officer lacked reasonable suspicion to stop Fikes, the evidence gathered from the stop was admitted improperly. Although Arizona recognizes a “good faith” exception to the exclusionary rule, the burden lies with the state to prove that the exception applies. State v. Crowley, 202 Ariz. 80, ¶¶ 32, 38, 41 P.3d 618, 629–30 (App.2002). Here, the state did not argue a good faith exception could prevent this evidence from being suppressed, so we will not consider the applicability of that exception.

Conclusion
¶ 17 For the foregoing reasons, we find the trial court erred in denying Fikes's motion to suppress. We vacate Fikes's convictions and sentences and remand this case for further proceedings consistent with this decision.

CONCURRING: PETER J. ECKERSTROM, Presiding Judge, and J. WILLIAM BRAMMER, JR., Judge.

Ariz.App. Div. 2,2011.
State v. Fikes
--- P.3d ----, 2011 WL 6318947 (Ariz.App. Div. 2)

CAL. VEH. CODE § 24603 : California Code - Section 24603

Every motor vehicle which is not in combination with any other vehicle and every vehicle at the end of a combination of vehicles shall at all times be equipped with stoplamps mounted on the rear as follows:

(a)Every such vehicle shall be equipped with one or more stoplamps.

(b)Every such vehicle, other than a motorcycle, manufactured and first registered on or after January 1, 1958, shall be equipped with two stoplamps, except that trailers and semitrailers manufactured after July 23, 1973, which are less than 30 inches wide, may be equipped with one stoplamp which shall be mounted at or near the vertical centerline of the trailer. If such vehicle is equipped with two stoplamps, they shall be mounted as specified in subdivision (d).

(c) Except as provided in subdivision (h), stoplamps on vehicles manufactured on or after January 1, 1969, shall be mounted not lower than 15 inches nor higher than 72 inches, except that a tow truck, in addition to being equipped with the required stoplamps, may also be equipped with two stoplamps which may be mounted not lower than 15 inches nor higher than the maximum allowable vehicle height and as far forward as the rearmost portion of the driver's seat in the rearmost position.

(d)Where two stoplamps are required, at least one shall be mounted at the left and one at the right side, respectively, at the same level.

(e)Stoplamps on vehicles manufactured on or after January 1, 1979, shall emit a red light. Stoplamps on vehicles manufactured before January 1, 1979, shall emit a red or yellow light. All stoplamps shall be plainly visible and understandable from a distance of 300 feet to the rear both during normal sunlight and at nighttime, except that stoplamps on a vehicle of a size required to be equipped with clearance lamps shall be visible from a distance of 500 feet during such times.

(f)Stoplamps shall be activated upon application of the service (foot) brake and the hand control head for air, vacuum, or electric brakes. In addition, all stoplamps may be activated by a mechanical device designed to function only upon sudden release of the accelerator while the vehicle is in motion. Stoplamps on vehicles equipped with a manual transmission may be manually activated by a mechanical device when the vehicle is downshifted if the device is automatically rendered inoperative while the vehicle is accelerating.

(g)Any vehicle may be equipped with supplemental stoplamps mounted to the rear of the rearmost portion of the driver's seat in its rearmost position in addition to the lamps required to be mounted on the rear of the vehicle. Supplemental stoplamps installed after January 1, 1979, shall be red in color and mounted not lower than 15 inches above the roadway. The supplemental stoplamp on that side of a vehicle toward which a turn will be made may flash as part of the supplemental turn signal lamp.

A supplemental stoplamp may be mounted inside the rear window of a vehicle, if it is mounted at the centerline of the vehicle and is constructed and mounted so as to prevent any light, other than a monitorial indicator emitted from the device, either direct or reflected, from being visible to the driver.

(h)Any supplemental stoplamp installed after January 1, 1987, shall comply with Federal Motor Vehicle Safety Standard No. 108 (49 C.F.R. 571.108). Any vehicle equipped with a stoplamp which complies with the federal motor vehicle safety standards applicable to that make and model vehicle shall conform to that applicable safety standard unless modified to comply with the federal motor vehicle safety standard designated in this subdivision.

San Diego DUI Specialists identified in local blog discussing choices listed on Avvo, Google, California DUI Lawyers Association

noreply@blogger.com (SanDiegoDUI) — Sun, 26 Feb 2012 01:36:00 +0000

Thinking of clicking on and trusting some sponsored Adwords to link you to the promised land without first researching choices for San Diego DUI attorneys including Avvo & Google reviews?

Great San Diego DUI attorneys are not cheap.

Cheap San Diego Drunk Driving lawyers are not great.

Only Three San Diego DUI lawyers are CDLA "Specialists."

Presidents Week brings us San Diego's Top DUI Attorney Specialists designated by California DUI Lawyers Association (CDLA). Lawyers who handle DUI cases are limited to these 3, recognized as CDLA "Specialists" for San Diego county.

If there's a way to go, a "Specialist" is the people's drunk driving criminal defense attorney choice in San Diego County.

California police caught on cellphone video of face down man on street beaten by police officer on top of him, repeatedly punching face, back & side!!

noreply@blogger.com (SanDiegoDUI) — Tue, 21 Feb 2012 00:58:00 +0000

This police brutality video features a famous Woody Guthrie version of “This Land is Your Land” plays as a police officer officer strikes a person over and over.

On September 25, 2011 Police were called to the Last Day Saloon to a report of an unwanted person, allegedly Flournoy. Bar peeps maintain he was kicked out after he pushed someone, returned and refused to leave. Officer Diaz arrived to find him walking west on Fifth Street with two other men, Goecke and Jeffrey White.

Diaz stopped Flournoy, asked him to sit on the bumper of his patrol car and began questioning him. Flournoy did it but then jumped to his feet and faced Diaz when White turned on his cellphone camera.

Diaz grabbed his arm and struggled with Flournoy before putting him on the ground and trying to get handcuffs on him. 2 other cops arrived to detain White & Goecke.

Flournoy resisted. The officer issued what he called “distraction blows,” punching the man twice in the face as he lay on the pavement. He struck him in the back and punched him in the rib cage when Flournoy looked like he was trying to get up.

Flournoy claims he complied with the officer's orders. The response was unreasonable so he is petitioning the court to have the charges tossed out on grounds the officers used excessive force.

The video concludes with a request for witnesses to call California criminal defense attorney Omar Figueroa.

Sonoma County prosecutors now are seeking a court order to remove two videos posted on the Internet that appear to show a Santa Rosa police officer pummeling this West County artist during an arrest.

Deputy District Attorney Andrew Lukas has requested that lawyers for Thomas Flournoy, 49, who was charged with obstructing officers, be forced to take down the videos posted on YouTube.

One of the videos of the September confrontation shows Flournoy face down on the street with Officer Christopher Diaz on top of him, repeatedly punching him in the face, back and side. Two other officers are holding Flournoy down.

In court papers, Lukas said the videos depict only a limited view of what happened in the Railroad Square incident and could influence potential jurors in an expected misdemeanor trial.

Also, Lukas suggested lawyers Omar Figueroa and Heather Burke acted inappropriately in posting one of the videos, which is set to music, calls for witnesses and features Figueroa's contact information.

“The facts of this case ... should be decided in the courtroom, not based on a partial, manipulated portrayal of events,” Lukas said in his 12-page motion seeking a court order to remove the video from the Internet.

Figueroa and Burke, the lawyer for co-defendant Kevin Goecke, 38 of Sebastopol, declined to discuss the prosecutor's allegations against them.

But Figueroa has hired famed San Francisco defense lawyer Tony Serra, who vowed a “vigorous defense against the proposed gag order.”

Serra denied Figueroa posted the videos but said through an assistant Thursday that they are a legitimate exercise of state bar-sanctioned conduct to locate witnesses.

Further, he said the videos are protected under the First Amendment. He accused prosecutors of trying to block Flournoy's due process rights “by chilling defense advocacy.”

But Lukas argued in his court papers that the video, with its slow-motion replay and dubbed music, will interfere with his ability to prosecute the case.

Pretrial publicity already has caused a juror in an unrelated case to express an opinion that the officer in Flournoy's arrest used excessive force, Lukas said.

“The music, the pace of the video, the limited aspect of the encounter shown and the description of the actions as police brutality serve to frame the incident from an obvious defense perspective,” Lukas said.

The videos apparently were made by White. The first is more than nine minutes long. As an officer strikes Flournoy and yells, “Stop resisting,” another voice, presumably White, can be heard saying, “Oh, Jeez. I'm so glad I have this on film.”

It's typical that the District Attorney prosecutor does not want anyone to see the truth on video. Video makes it more difficult for police to lie under oath.

Without a video, San Diego DUI criminal defense lawyers may suggest the police likely would expediently employ premade templates and rehearsed lines like "officer safety" They could otherwise claim they were in fear for their lives, right? Aren't we glad this is on film.

San Diego DUI attorneys are told that last week San Diego Police Officer James Zirpolo was found not liable in federal court for allegedly using excessive force against a man in a wheelchair.