Got busted at the border? Don’t know what to do next? Call San Diego Defenders now and we can help! We specialize in drug arrest and DUI defense.
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Got busted at the border? Don’t know what to do next? Call San Diego Defenders now and we can help! We specialize in drug arrest and DUI defense.
Not only the most experienced criminal defense and DUI defense law team in San Diego, but also conveniently located on 3rd Avenue in Chula Vista directly across street from the court house. Walk-ins are welcome and we can advise you how to proceed with your case.
http://SanDiegoDefenders.com San Diego Defenders has created a revolutionary free DUI Help mobile app available on iTunes and Google Play to provide you with immediate help and answers at your fingertips if you or a loved one are pulled over for DUI. DUI Help tells you the 4 things to say to respectfully invoke your Fifth Amendment Right to Remain Silent, politely decline to take field sobriety tests, a field breathalyzer known as a PAS device but avoid a refusal without giving the officer more evidence to provide probable cause for the DUI arrest or any type of criminal arrest for drugs or other misdemeanors, felony charges, federal crimes and military consequences to your command whether you are in the Navy or Marines, we are experienced in DUIs and other crimes on base or off base that could affect your military retirement and career. San Diego Defenders Free DUI-Help App will provide a easy access to record the arrest for your protection, call a taxi to get home, text a friend if getting arrested to let someone know, call emergency contacts, call a friend and yes, call San Diego Defenders to speak to a lawyer when the officer asks for a statement. You can download our San Diego Defenders Free DUI-Help App by going to http://SanDiegoDefenders.com to automatically download the iPhone IOS version or an Android version. We handle more border cases than any other law firm in San Diego County and offer affordable payment plans. So Download our Free San Diego Defenders DUI-Help APP right now and give us a call at (619) 258-8888.
With our combined 60 years of criminal defense experience in San Diego, we have defended numerous border bust and drug cases for defendants crossing the border. The travelers can be unwitting targets for drug traffickers and other criminals, and here are some tips to help if you or a loved one is ever faced with the situation.
Please contact us for any criminal defense questions or concerns
First thing to remember is that it will not do you any good to beat yourself up anymore than you have already. Next thing you should do is to figure out a game plan. But you don’t want to think about all of the “what if’s.” What if I have to go to jail? What is going to happen at work? There are so many things that can go through your head, perhaps we, at San Diego Defenders, can help you with a “game plan.” So let’s keep it down to some simple steps so you can step back.
1. Download “San Diego Defenders” FREE APP. That is right, it is free and organized.
There are a few simple ways to get the Free App. You can simply go to our website at www.SanDiegoDefenders.com and look to the top left quadrant and it will say “DOWNLOAD OUR DUI HELP APP” just underneath our cool photo. There is the option of downloading on iTunes or Google Play.
Most of the organization is on the built in links to get to our youtube channel of helpful DUI informational videos. For instance you may want to watch the following videos.
1. The 10 Day DMV Hearing Rule and the 30 Day Temporary License
2. The difference between and Felony and a Misdemeanor DUI
3. Hiring a Private Lawyer verses a Public Defender
4. The Court Procedures in a San Diego DUI case
5. Understanding VC 23152 A and B – What does that mean?
6. Military DUI – On or Off Base
7. Can I Get A DUI Expunged or Taken Off My Record?
8. What If I am arrested for a DUI Crossing the Border from Tijuana?
9. Can a DUI Affect My job?
The Free App offers DUI-help in both the iTunes and Google Play format for android phones. When you are ready to call the office and set up a free consultation, Dan Smith, the supervising attorney will be there to answer your initial call. Jon Pettis, our “Professor or DUI’s” works with Dan Smith on every case so you have two very different minds with different strengths to work their hardest to get your case dismissed and that is why they are known as San Diego Best DUI Lawyer Team. So put the San Diego Defenders free app on your phone today and use it tomorrow. Help a friend and know what to say if you are ever pulled over. With the free app you will also advise the officer that you know your rights and what tests to take in a polite manner.
The San Diego Defenders App is something you can help your friend’s put it on their phone for free because you help them set it up under the following titles:
1. Help I’m being arrested – will send a quick text so someone you choose knows you need help.
2. Call a Taxi – as in UBER or Lyft and make it easy to go home safely! Get your car in the AM.
3. Call a Friend – a friend you can trust. You put their name in so they can check on you later.
4. Statement to the Officer – Simple Steps to be courteous when exercising you legal Rights.
5. DUI in San Diego helps you to give friendly advice to friends on an unpleasant experience.
6. Emergency Contacts can help you in almost any situation. The Free App is to help you!
There is so much more included on the Free App from San Diego Defenders and it shows that you know your legal rights from the simple logo of the scales of justice and the “DEFENDERS” logo that has lead so many people to the dismissal of their San Diego DUI case.
So download our free app today and help yourself help others because your future may depend on it!
One the first questions I ask when a potential San Diego DUI client calls for a free telephone consultation is “Do you have the pink sheet of paper that they gave you when you were arrested?” What detention / arrest date shows on the upper left side. This is your Temporary Driver License and you have 10 days from the arrest to REQUEST A HEARING TO SHOW THAT THE SUSPENSION OR REVOCATION IS NOT JUSTIFIED. “Why is that important?” is what we hear a lot at San Diego Defenders. And my answer is really two-fold. When you hire us, we charge a flat fee, no surprises. San Diego Defenders DUI lawyers make all your misdemeanor court appearances for you – that means you don’t have to go to court unless we tell you that you do! It also means that we will set your DMV hearing for you and conduct that hearing for you as well. We are a one-stop shop.
“I got a DUI at the Border!” We hear that phrase at San Diego Defenders more than ever. Why? We are not sure except that it seems that the US Customs and CHP have become allies for DUI arrests whether it was statistical data or just plain common sense to know that people go to Mexico, ie TJ, Tijuana, Rosarito
What is the Court Procedure After I am Arrested for a DUI in San Diego?
You court date and the proceedings after you get a DUI are often confusing. Often, people think that their first court date is the trial as if they are on “Law and Order” when nothing could be further fromt he truth. Separating the DMV admin per se rules requiring that you successfully request a DMV hearing to protect your driving privileges have absolutely nothing to do with the court proceedings. But setting aside the DMV administrative hearings, what is a general description of what happens after you are arrested for a DUI. San Diego Defenders put together a video to briefly explain what happens in under 10 minutes.
The procedures that allow your San Diego DUI lawyer, like Jo Pettis, to challenge the constitutionality of the stop and arrest is never explained to you if you are in a hurry to plead guilty when there may be a question as to whether the officer or a complaining witness actually saw you driving! Driving is an element of the DUI VC 23152 offense. It is also a necessary element for the DMV to summarily suspend your drivers license. So, San Diego Defenders may bring a legal motion to dismiss the DUI case against you based upon your arrest without a warrant. Sometimes bringing such a legal motion puts the prosecutor on notice that you are going to fight your case. Maybe the DA will re-think the offer made by the DUI lawyer before the case is set for trial. And although most people do not want to go to trial, it is the true litigators, like Dan Smith and Jon Pettis at San Diego Defenders that the prosecutors think twice about going to trial against. Simply put, San Diego Defenders has earned the reputation as the most successful DUI trial team in San Diego. When we tell that District Attorney or City Attorney what we are willing to accept as plea negotiation for a lesser charge, many times, the offer or demand made by San Diego Defenders will be accepted. Our goal is to get your life back to normal as soon as is possible! Our goal is to do all we can to keep a DUI from affecting you for the rest of your life and your future career plans. Call us for a free consultation at (619) 258-8888.
Underage DUI’s can affect the possibility of getting into the college of your choice, keeping your scholarship, receiving the internship you want or eventually the job you hope to get.
An underage DUI can be charged in several various ways. First if you are underage and have a blood alcohol level of 0.01% or greater you can be charged with a violation of California Vehicle Code 23136-a civil violation. Secondly, if you are underage and have a blood alcohol concentration of 0.05% you can be charged with a violation of California Vehicle Code 23140-an infraction. Thirdly, if you have a blood alcohol level 0.08% or greater, you can be charged with a violation of Vehicle Code 23152-a misdemeanor. Finally, the prosecutor can decide whether to charge you with all or one of these violations of the California Vehicle Code is they apply.
California Vehicle Code 23136 VC: California’s Zero Tolerance Law — A Civil Offense
Pursuant to California VC 23136 there is zero tolerance for underage drinking and driving. Unlike a regular DUI, there is no “legal limit” of blood alcohol concentration. Furthermore, This law declares that if you are under 21 and suspected of DUI, you are deemed to have consented to (1) a preliminary alcohol screening (PAS) test, or (2) any other blood, breath or urine test to determine your BAC. Any indication of alcohol in your system will result in penalties from the California Department of Motor Vehicles.
Penalties of violation of CA VC 23136 include:
If you submit to a chemical test and your BAC is 0.01% or greater, you face
• An automatic one-year driver’s license suspension, or
• A one-year delay of your driving privilege if you don’t yet have a California driver’s license;
• A fine
If you refuse to submit to a chemical test, you face
• A one- to three-year suspension, depending on how many prior convictions you have under this California zero tolerance law
California Vehicle Code 23140 VC: Under 21 DUI with a BAC of 0.05% – 0.07% — An Infraction
If you’re under 21 and drive with a BAC of 0.05% – 0.07%, you face a misdemeanor charge under California 23140 VC. Because this offense is an infraction (not a misdemeanor or a felony), there is no jail or prison sentence.
Penalties of a violation of VC 23140
• A first conviction carries a $100 penalty;
• A second conviction within a one-year period carries a $200 penalty, and court costs;
• A third conviction within one year carries a $300 penalty;
• Additionally lose your California driver’s license for one-year,
• Attend and complete a minimum three-month alcohol program before your license can be reinstated, and
• Possibly be ordered to participate in a “Youthful Drunk Driving Visitation Program”. Participation in this program includes a visit to an E.R., the coroner’s office, or a chemical dependency recovery center to observe Victims of DUI accidents, or People in the terminal stages of alcoholism or drug abuse.
• The judge will also order you to abstain
o From drinking any alcohol until you are 21, and
o From using any illegal drugs.
California Vehicle Code 23152 VC: Driving Under the Influence — A Misdemeanor
A violation of California VC 23152 takes place when an underage person has a blood alcohol level of 0.08% or more. If you are convicted of a violation of VC 23152 you may also be convicted and violated for California Vehicle Code 23140 and California Vehicle Code 23136.
Possible penalties of a violation of CA VC 23152
• Three to five years of informal probation,
• Over $2,000 in fines and court fees,
• Up to one year in a county jail,
• A mandatory court-approved alcohol class, and
• A six-month driver’s license suspension
If you or a loved one has been charged with an underage DUI and would like to speak with one of our experienced attorneys, please call our office at (619)258-8888.
If You Smoke Marijuana and Drive, Watch Out for Propositions to Legalize Pot
Nearly four years ago, California voters nearly voted to legalize marijuana. In fact, the proposition was leading in the polls leading up to election day, but, at the last minute it failed. Whether it was the enormous amounts of outofstate money poured in to fight the proposition or the scare tactics of claiming that if it passed, it would make it legal to drive while you were under the influence of pot, the proposition lost by a few percentage points.
It is interesting to note, it already was and would have continued to be illegal to drive while under the influence of marijuana or any other drug. Vehicle Code section 23152(a) made it illegal to drive while under the influence of a drug. If a person had consumed enough marijuana so that they could no longer drive with the same care and caution of a sober person, they were guilty of a DUI. The legalize pot proposition did nothing to change that.
In anticipation of this year’s elections, more than one group is trying to qualify another proposition seeking to legalize marijuana in California. Recently, other States have legalized marijuana. One of the tings that was done in those States to help get the law passed was to include a “per se” legal limit for how much marijuana could be in your system before it was illegal to drive. The primary active ingredient in marijuana is THC9. Active ingredient means that is the chemical compound that causes the effects of a drug, the “high”. Both Washington and Colorado made it illegal to drive if you had 5 nanograms or more of THC9 in your blood system.
The idea was to mirror alcohol DUI laws. In every State, it is illegal to drive if you are under the influence of alcohol. Again, under the influence is defined as so impaired you cannot drive safely. But, this is a very subjective standard. So, to make it easier to get DUI convictions, States passed per se legal limits. Today, 0.08% is the legal limit. If you drive and your BAC is 0.08% or more, you are guilty.
So, California is now going to be voting whether to do the same thing as Washington and Colorado and set a 5 nanogram legal limit. Here’s the problem. It is completely arbitrary. Prior to legal limits being set for alcohol and driving, there had been decades of research on how alcohol affected driving ability. Furthermore, there was enormous amounts of data on BAC’s and vehicle crashes. The research and data collection had been done by the National Highway Safety Administration, numerous scientists around the world and at universities. It had been published and peer reviewed. There was a fair consensus that most people would be too impaired, primarily mentally, to drive safely if they were 0.08% or higher. So, the law has a legitimate basis.
Contrasty, there is no such body of work about the effects marijuana has on a person’s ability to drive. There have been a few studies, but certainly not enough to create any consensus whatsoever. In fact, the exact opposite situation exists. Some “experts” who usually work for the police and prosecutors will say in their opinion if you have ANY THC9 in your system, you are not safe to drive. At the other end of the spectrum, some studies have concluded that some drivers with a moderate amount of THC( in their system are actually safer drivers than your average stone cold sober person. So, there is no legitimate basis for the 5 nanogram limit. In fact, some prosecutors will not even bother filing a case unless the test reults come back at twice that level or higher.
Furthermore, research has shown that unlike regular users of alcohol, who may be tolerant, but, are still unsafe to drive over the legal limit, regular users of marijuana, especially if they always use the same type of cannabis, develop tolerance that translates into being able to drive safely with THC9 in their system that would make a casual user too impaired to be safe.
Perhaps the biggest problem is how low the number is being set at. Marijuana stays in your system and can be detected for long periods of time. Regular users of marijuana will almost always have detectable amounts of THC in their system. Anti-pot experts will say that only metabolites would show up in tests, like THC 11, not the THC9 that the law is concerned with. That has not yet clearly been proven. The bigger issue is that a regular pot smoker may have 5 or more nanograms of marijuana in their system and have absolutely no sense that they are impaired at all, because they aren’t. So, it becomes nearly impossible fr them to know if they can legaly drive or not.
So, if you use or would like to use pot and are excited about the possibility a legalization proposition is coming soon to California, be wary. If it passes, it may mean a lot of people will get marijuana DUI’s who were perfectly safe to be driving.