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On Vacation, I Got a DUI Ticket in San Diego! How Do I Hire a Local Criminal Lawyer ?
A Police Officer Told Me To Use Uber, Lyft or Sidecar and Later I Got a DUI?
Lawyers who handle DUI’s are seeing it more and more. People plan to go out and use Uber or Lyft or Sidecar or any of the other ways of getting around, and then later decide to drive home and get arrested for DUI. Sometimes a cop might tell a client to use one of the shared ride apps. The client then goes to a friend’s house after an office holiday or Christmas party, sleeps it off and gets up to go get their car. Just like the cop told them to do! Problem is…client gets pulled over that morning and has a BAC well over the .08% legal limit to drive.
Or … Lots of times they all meet at one friend’s house and Uber or Lyft or Sidecar from there and plan on crashing at the friend’s house. Inevitably, somebody decides they would rather get home because they figure they are safe to drive. Next thing they know, they are being pulled over by the cops … and the Jack Daniels “cologne” remark does not amuse the police officer.
Well, you probably guessed it! Our client comes to us and declares that they did exactly as the police officer directed them to do. Get a safe “shared ride app” ride home to sober up before retrieving the car. So what went wrong (besides the usual whoops, did I just say that to the boss after imbibing the holiday cocktails a little to freely?) What happened that I would end up with a DUI ticket after the company holiday party?
There is actually a good explanation for this “white elephant” of a problem. It is called the Mellanby Effect. We tend to feel the effects of alcohol more when our blood alcohol level is rising than we do when it is coming down otherwise known as “burning off the booze.” Experts are not exactly sure why this happens. The best guess is that it is, as Einstein would say, “relative.”
That is, when your alcohol level is going up, you’re feeling better and better and you are enjoying yourself more. When your alcohol level is coming down, you are getting more and more sober and you also add in the anxiousness and desire to get home into the equation. So, we all try to be responsible and wait until we feel sober to find out car and drive home. But, it is “relatively” easy to still be over the legal limit if you had a really good time at the holiday party.
If you started off using a ride sharing app, but, then got caught driving home and arrested for a DUI, you need to hire a DUI lawyer who knows how to use the fact you had been responsibly using a ridesharing app (not to mention the prosecutor may be hip enough to use one as well) in the negotiations in your DUI case. Depending on the facts of your case, it can mean the difference between getting a good deal and avoiding the DUI or in how much punishment you end up with. Remember, with the use of Livescan background checks these days, a DUI may cause more problems than you bargain for.
Far too often we at San Diego Defenders hear clients say “I was guilty anyway, so I just pleaded guilty with the Public Defender.” That can be a HUGE mistake. Our Constitution was designed to protect us, and if there is a possible defense to a DUI charge, we are committed to finding it and using it to our clients benefit. A benefit that may not be realized until years down the road when our client is applying for a new job!
Law Requiring Ignition Interlock Devices for First Offenses Bad Idea
The California Senate just passed a bill that would make it mandatory for anyone convicted of a first time DUI to have to get an ignition interlock device put in their car. The action was hailed by MADD and similar lobbyists.
I wonder if anyone in Sacramento is considering all the implications of this.
Judges in California already have the authority to order the ignition interlock device to be put in a DUI convict’s vehicle. If a particular case and defendant warrant the ignition interlock device (referred to as an IID in court), the law already allows for this. With the new proposed legislation, everyone who gets convicted of a DUI would have to.
The reality is that the vast majority of drunk drivers do not reoffend. The embarrassment of getting arrested, taken to jail, going to court, taking a class for three to nine months and paying well over $2,000.00 in fines (more than most felonies), not to mention insurance costs, are enough to keep someone from doing it again. An IID is just piling on them.
These things aren’t free. It can cost $150.00 to get it installed and another $50.00 to $100.00 per month to monitor and maintain the IID. If the mandatory period is going to be six months, that can be upwards of $750.00 more. Many people cannot afford that. What will happen if they cannot afford it? If it continues the way it is now, they will be banned from driving and forced to sell all their vehicles
Furthermore, this is going to cost jobs and tax funds from those jobs. To be specific, you are not ordered by the Judge to simply have an ignition interlock device installed on your car. You are also ordered not to operate any vehicle that is not equipped with the device. That means, if you drive a company car, you are fired.
Unlike the vast majority of people who do not reoffend, there are some people who repeatedly drink and then drive and don’t care. The IID will not stop them. They can just drive a car that doesn’t have the device. Proponents would argue there would be a deterrent affect since there would be penalties for driving a vehicle without the IID in it. Well, if the person cares so little that they are drinking and driving any way, were the penalties go up for subsequent offenses, the additional penalties are not going to make any difference.
Creates a New Danger
In a time when we are learning more and more about distracted driving. Think of cell phones and texting while driving, having the ignition interlock periodically require a test while you are driving is a problem. While the machine gives you a little time to pull over if you can, just the machine going off and bothering the driver will cause accidents. When we know from statistics that using your cell phone while you drive is actually more dangerous than driving at 0.08%, forcing more distracted driving seems like a bad idea.
MADD and other groups will point to stats from other States that show a decrease in DUI crashes and fatalities where these laws have already been passed. The problem with that is most of the States who have passed these laws did so right after a high profile DUI death when awareness of the dangers of drunk driving would have been spiking. There is no real way to know if the IID’s or the publicity caused the decrease.
When it is all said and done, while new technologies can be useful, it doesn’t mean we have to use them every time. If the simple fact that there are fewer DUI’s because of ignition interlock devices is good enough to justify the proposed law, then EVERY car sold should have them.
Live DUI Checkpoint Info for South bay San Diego, Chula Vista, San Ysidro and National City!
Important announcement! You can now go to San Diego Defenders to get information about DUI checkpoints in the San Diego area. Even on your smart phones, just put us on your favorites and you can read the latest information being released directly from the police department. But why now? There is a little background on why attorneys Dan Smith and Jon Pettis decided to put that information on their San Diego Defenders website.
San Diego Defenders now has a live feed of the latest DUI Checkpoint information released directly from local police departments. With the help of Nixle, we now display all kinds of information regarding local arrest statistics, notice of DUI checkpoints and many other public service law enforcement information regarding all areas, such as IRS scam alerts and the like. Whether you are on your home computer or your smart phone, you can now access public announcements, some required by law, on check points, arrests, and warnings from the local police department. Quite handy indeed!
The lawyers of San Diego Defenders, Dan Smith and Jon Pettis have been talking to DUI clients for over 26 years. Many were arrested at a DUI Checkpoints. “How can you find out ahead of time that there will be DUI Checkpoints?” We urge all of our readers to pass along this information that San Diego Defenders now has current information on this weekends planned DUI checkpoints and more.
Our clients often ask us that question and things like “how does the police department set up a DUI checkpoint and is it legal?” We can tell them the guidelines that a police department is supposed to follow, but it doesn’t do them any good now. However, we will ask certain question like:
1. Was there an alternate route to go around the checkpoint?
2. Did it appear that there was a plan on which vehicles were approached by the police department?
3. Did you feel that you were arrested immediately without any investigation. (That is the probable cause argument). Most certainly our clients want to know how to avoid this from ever happening again.
Our answer is and will always be to avoid drinking and driving or driving on prescription medication for that matter (VC 23152 (e)). But if you want your friends, family (including your kids) tell them to visit our website for a live feed that recaps all the latest information from drug arrests to DUI checkpoints and the results of past “enhanced enforcement”.
The DUI lawyers at San Diego Defenders want to warn friends and the general public that it is dangerous to drive while impaired under VC 23152 (a) or to drive with a BAC over .08% under VC 23152 (b). And good people make the bad judgment decision to drink and then drive. It does not mean they are bad people. But it gets complicated quick. About one-third of the way down the DMV Temporary Drivers License it states “YOU HAVE 10 DAYS FROM RECEIPT OF THIS NOTICE TO REQUEST A HEARING TO SHOW THAT THE SUSPENSION OR REVOCATION IS NOT JUSTIFIED.”
If you, a friend or a family member is going out where they may serve alcohol, be careful, and log into our website www.SanDiegoDefenders.com for the Nixle feed. And if you are arrested, call us for help. We can get you through it. Remember, the 10 days starts with the Pink Sheet.
The scenario may be that you were arrested at a DUI checkpoint last night on your way home from the company holiday party. Your search for a cheap DUI lawyer has begun. Or did you mean “affordable attorney” because maybe a “cheap lawyer” is not a good lawyer!
And really, you want the best DUI lawyer in San Diego or wherever you live, for an affordable rate. So, you settle on the fact that you want the best DUI lawyer with a payment plan you can afford. Whew!
Most people will Google the best “San Diego DUI lawyer with an affordable payment plan”.
Buyer Beware! – There are Pitfalls and Hazards when using Google to find your lawyer. Here are some simple rules to follow when looking for a DUI lawyer in any state.
To avoid any potential lawsuits I must add the disclaimer that this is just my opinion. Or, “IMHO after practicing criminal defense for 25 years and talking with thousands of clients, the following steps will help you find the right DUI lawyer for you!
1. Use Common Sense – Clients Pay for Cost of Ads ! Skip the “Paid for Ads” at the top of the search page (it says “ad” in a little yellow box). Think twice about clicking on the ads on the top and side of the page. Why? They may be good affordable lawyers, but they pay to be on top and you are going to pay for their marketing and at about $36 a “click” in a competitive market like San Diego, that adds up fast. The costs will be passed along to the consumer – you.
2. Start With Attorney Websites Under Paid Ads with stars and reviews – Those are the top “organic listings” which means the websites UNDER the paid for placement ads at the top. Although Google will be the first to tell you they are not perfect, Google does a darn good job of reviewing the content of the websites before placing those websites under the “yellow box paid for ads” or placement. That means, Google watches to see if website is reliable and giving good info on the subject you are searching. Good law firms get listed in the first two pages. It does not mean that good law firms don’t pay to be placed on top some of the time for more business, so take it for what it is worth. Remember, the cost of “yellow box ads” is passed on to the client as a general rule.
3. Find Reliable Reviews – Next, see if the law firm website you are about to click on has many Google reviews. READ REVIEWS! Google makes it easy to write a review. Then it is your job to read some and see if you think they are written by real clients. “The devil is in the details” as the old saying goes. If someone thinks highly of a firm, they will DETAIL or tell you exactly what happened in their own words which are not always perfect. You can usually tell if the review is written by a paid college student that has no clue what they are writing about or professional review writers.
4. READ REVIEWS – If the website has very few reviews but are placed above websites with many reviews, you should be suspicious. The law firm, (that is what we are talking about) may have a good SEO guy or gal (that’s short for Search Engine Optimization) but very few clients (that’s weird). You can give them the benefit of the doubt by checking other free or “member only” reviews such as Google, Yelp, Bing, and Yahoo. READ REVIEWS
5. Directories like AVVO, Find Law Are Confusing! Yikes! Do you remember yourself or anyone you know graduating and later receiving a “Who’s Who in America” invitation. This is just my opinion, but if you get a letter that says “you have been selected as a potential member of the exclusive “ One of the Best in America” association. Just fill out this form and send in $759.00 for our book with your name in it! Again, in my opinion, any directory (and I am talking to you AVVO, Super Lawyers , Best Lawyers in America, Justia, Thumbtack and even the formerly highly esteemed Martindale-Hubble) or any directory in which you must pay money or pay to advertise – to be considered for their listing, or your listing gets higher by a super-secret algorithm – is, in my opinion, highly suspect. I don’t trust them. Enough said.
6. Call Law Firms to Talk an Actual Lawyers. Start calling and have paper and pen to take notes.
(I) Can I talk to an actual lawyer – don’t be afraid to ask! If it is not a lawyer, you may just as well talk to somebody standing on a street corner for legal advice.
(II) Do they ask questions? A lawyer needs to listen after they ask the questions. If you give them a long narrative, you might not be speaking with an assertive attorney and isn’t that what you want?
(III) Be wary of a lawyer that quotes fees over the phone.
Could you call a body shop and ask them how much to fix a car or a doctor, how much to fix my broken arm? If you feel good about the lawyer on the phone, make an appointment and talk with them. Your future is in their hands and if you find out the lawyer has no office and practices out of his or her trunk, you might be talking about a intriguing setting for a movie, but not real life…your life.
Caution! Directories and Out of Town Lawyers Who are Out of Touch! IMHO Reviews in AVVO, Justia , FindLaw, and other pay to play directories are inherently unreliable. All of us lawyers have little choice but to fill out the listings. We do have a choice in whether we advertise to have “favorable placement” in the directory. As a DUI lawyer, I have been listed below another lawyer Los Angeles which is 100 miles North of Chula Vista and its courthouse (my office is literally across the street). That result was under the “find a DUI lawyer in Chula Vista” search. Yikes!
Caution! Don’t Fill Out Forms – IMHO Especially in DUI and criminal cases, if you must fill out a form to be referred to a lawyer, you have just put yourself out there like dangling chum in sea. Sharks! Decide for yourself, but if it is damn hard to find a lawyer, it is damn hard to trust the lawyer that finds you off a form. Desperate lawyers do desperate things….. just read here.
Research like a Detective! – Open another window and search the law firm on Google Maps. That way you can look at the pictures of the office, lawyers and staff (if they have a real office) and read the reviews. Take notes as to which law firms give you a good impression. If you are not getting a good feeling, go to The State Bar of California and type in the lawyers name which should be somewhere on the website in the about us or bottom of the page. Take note as to 1) How long have they been a lawyer? 2) What is the location of the lawyer – in another city? Watch out!
You might hire a lawyer marketing firm to hire a law firm who hires a lawyer in your city. Get it? In DUI law, bigger is not better, it is a higher fee split and diluted by the time it gets to your lawyer that may be practicing out of his or her truck (or the local Denny’s).
Bottom Line is get a Local Lawyer with a Good Reputation! Makes sense, doesn’t it? Just follow the suggestions above and you will feel much better about who you ultimately choose to put your future in his or her Legal Hands!
It Is Important to Hire an Affordable Lawyer Close to Court in Chula Vista South Division of San Diego Superior Court !
San Diego Defenders, APC is located across the street from the Chula Vista’s San Diego Superior Court, South Division. Why is that so important? I am Daniel Smith, the supervising attorney for San Diego Defenders and I am a third generation lawyer. My father, the late Judge Ralph G. Smith, Jr. handled thousands of DUI (or DWI as they are known in AZ) used to say to me that the letter of the law was important. However, the Judge said, “you cannot underestimate the value of a lawyer who knows all the court personnel including the judges, prosecutors and the clerks that run the court!” If you are going to Chula Vista South Court, San Diego Defenders is across the street and has been there longer than the judges and prosecuting DA currently there.
Virtually everyday, either myself, Dan Smith, my associate attorney Jon Pettis, or my good friend Capt. Alan Spears, walks across the street and enters the courthouse known as either Chula Vista Court of South Court. There we meet the deputy sheriffs at the door with smile. “Good morning counselor, what’s up today?” It is hard not to reply with the typical “Livin the dream, that’s all!” The clerks upstairs work hard and many times we have to ask them for favors “madam clerk, may I bother you to pull a file?” We treat them with kindness and why not? They work day in and day out to keep the wheels of justice turning. And we all know that those wheels move painfully slow by no fault of the clerks.
When we meet with the prosecutor alone, as is the case with most misdemeanors, we have to remember they are people too. Some compassionate, some neutral, some robotic (“no, I don’t have the authority to make that deal”). The fact is that we at San Diego Defenders make it a point to get to know who we are dealing with and who they are as people. What are they particularly biased against or biased for? Do they understand that active military client may have to deal with a bust in rank from their command or worse yet that they may be thrown out “disengaged”? Does the deputy district attorney understand the consequences of a first time DUI or petty theft to a student that hopes to become a nurse, doctor, or join the military just to name a few occupations? Just this morning my associate came in from South and informed me that there is a new prosecutor in Department 3 and all he says is “no” to everything. Are we going to have to set everything for trial to get his attention I asked? I hope not, said Jon. I think he is just new and does not have the confidence to make decisions so he is afraid to say yes, so we will work on him. I nodded, okay, at least I know what is up for a few weeks. If not, we may need to call a meeting with the supervising deputy district attorney about the situation.
Felony cases are different. And we know it. After arraignment, we set what is known as an RH or readiness conference. There we meet with the judge and the prosecutor at the same time. It is very important to know if the judge is a former prosecutor because sometimes they still act like one. So the approach is different and sometimes it is more important to meet with the felony disposition deputy district attorney away from the judge. Sometimes we smile and sometimes we bark, but it is important to know who you are dealing with and what their recent history has been.
San Diego Defenders is the law firm that knows Chula Vista or South Division of the San Diego Superior Court the best and it shows in our results. Call us today for an affordable payment plan for the best defense team for Chula Vista South Court. (619) 258-8888