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DUI Testing and How It Works In San Diego

Evidence code section 1280(b) requires that any chemical test reports for a DUI must be made at or near the time the analysis was conducted. Waiting too many days is too long. Downer v. Zolin (1995) 34 CA4th 578, fn 5, 40 CR2d 288, indicates that a delay of six days is too long. The preparation of any DUI test is paramount to the conclusion of any DUI case in San Diego. The more prolonged the examination and report the better chance you have in winning your DUI case on the grounds that the DUI test was improper according to Title 17.

The application of reports in the justice system guides judges and jurors as to the actual facts of the case in making a decision if guilt is appropriate. The prosecution office will provide your DUI defense attorney with many documents that shed light on the scientific explanation of what occurred at the time of driving. However, proper police procedure should never take a back seat on the onset of the case. As an experienced criminal and DUI defense attorney, I have been able to get many cases dismissed before trial by shedding light on the inconsistencies within the officer’s report and what the scientific evidence indicates.

The first place an experienced defense attorney starts in the negotiation of your case will be at the preparation of the tests that were conducted that an expert will testify to on behalf of the prosecution’s team. By poking holes in the protocol of making sure the accuracy of the tests are conducted appropriately, the district attorney or city attorney will be more willing to show leniency to you and your case. There are many hearsay objections that can be made as to whether the test results in the form of a lab report is even admissible and whether or not it is solely useable as evidence to establish the driver’s BAC.

It is at your advantage if the prosecution does not have corroborating evidence to support the trustworthiness of the documents that they are trying to use against you at trial. No expert will testify that your BAC was above a 0.08% at the time of driving without first taking into consideration the circumstances surrounding the chemical test in the officers report and whether there is independent checks and balances to determine if the equipment was in working condition. DUI cases are dismissed all the time when officers fail to provide calibration and maintenance reports on their machines. Ultimately, there is a duty to report accurately and to eliminate any reporting of a false positive so that there is a fair judicial process.

If you have questions about the accuracy of the tests that were conducted in your San Diego DUI case contact San Diego Criminal and DUI Defense attorney Vik Monder at 619.405.0063 or visit San Diego Criminal Lawyer

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Understanding the Implied Consent Laws when Stopped for a DUI in San Diego

If you do not submit to a alcohol test after being arrested in San Diego for driving under the influence of alcohol, then you risk losing your driver license. Any experienced DUI defense attorney will need to show a good legal explanation for the refusal.

A good legal explanation would attempt to invalidate the implied consent laws. A successful attack would require a showing that California implied consent laws were not complied with in its entirety. The implied consent law states that a person driving a motor vehicle is deemed to have given his or her consent to chemical testing of his or her BAC if lawfully arrested or an offense in violation of vehicle code section 23140, 23152, or 23153. The officer must instruct the defendant that failure to submit to a BAC test will result in a fine or suspension of driving privileges. The officer must not use manipulative tactics to attempt to obtain a blood sample such as affording the defendant an opportunity to prove his or her innocence.

The most popular case San Diego criminal defense attorneys use when there is a forced blood draw from a defendant facing drunk driving charges is Schmerber v. California, 384 U.S. 757 (1996). This case involves the taking of a blood sample when the officer requested the blood sample after an accident and the defendant was in the hospital. The Supreme Court ruled that it was a violation of the 4th Amendment prohibition against unreasonable searches and seizures. Everyone has a privilege against self-incrimination. Officers are only allowed minor intrusions into the body without a warrant and it must be limited to the conditions observed by the officer.

If you believe the officer did not have enough probable cause for a forced blood draw based on the conditions surrounding the DUI stop in San Diego, then it is critical that you immediately contact an experienced San Diego DUI defense attorney that will file motions on your behalf to suppress the blood sample from coming into evidence as a way to show consciousness of guilt. Please remember that you do not have to subject yourself to a field sobriety test when asked by an officer. There is no implied consent for that. The officer in San Diego County is required to get enough probable cause to make an arrest so that he would be justified in forcing a blood sample.

There is a punishment on the administrative side for refusing to the blood test under the implied consent laws. However, any experienced criminal DUI defense attorney in San Diego will be able to prevent any suspension on your license based on an unwarranted search of your person. You are protected by the privilege against self-incrimination!

Always demand an in-person administrative per se hearing when your driver license may be suspended. There is a lot of information that can be gained by having a hearing in person with your San Diego DUI Defense Attorney present. Remember if you plan to go with the public defenders office, then they will not be there to help you through the licensing issues you will have with the DMV.

There is a California Jury Instruction that is used frequently in these type of cases which indicates that refusing a blood test when offered is not sufficient, standing alone by itself, to establish the guilty of the defendant. The most successful attacks have been those focused on the officer’s failure to comply with the statutory procedures mandated in the implied consent statutes. Always look for potential constitutional inconsistencies in a case by examining the actual implied content statute as it relates to the facts of your case.

If you have any question about implied consent laws when stopped for a DUI in San Diego, contact Attorney Vik Monder at 619.405.0063 or visit San Diego Criminal Defense Attorney

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Absorption of alcohol in the body when pulled over for a DUI in San Diego

When consuming alcohol it is constantly being absorbed and eliminated from your blood stream. Whenever you drink there is a maximum peak that police officers are trying to capture to get the highest BAC reading for a DUI stop in San Diego. Under Title 17 Officers will take one reading and wait for a 15-minute deprivation period before they take another reading. If your BAC is on the decline by the time you take the final reading at the station, then the court will assume that your BAC was a lot higher at the time of driving. However, if your BAC is on the rise by the time you are tested at the station, then an experienced DUI defense attorney may articulate a rising blood defense on your behalf.

There are factors that will affect the absorption rate including the presence or absence of food in the stomach, the concentration of the beverage consumed, the rate of consumption, vascularization, the ratio of muscle mass to fat, etc. The critical point in any DUI trial in examining the true absorption of a BAC rising blood defense when the amount entering the blood is greater than what the liver can oxidize. The liver will handle the elimination of alcohol from the blood stream. This is important in every DUI case because the defendant will generally have a lower blood alcohol during the absorption phase than at the time of the chemical test. If the chemical test is taken when the alcohol level has peaked, then the BAC level will test higher than the earlier absorption phase.

Ingesting alcohol before it has been absorbed has no neurological effects and cannot cause someone to drive impaired. Alcohol that has been consumed travels from the stomach and into the intestine through the pyloric valve where it absorbs into the blood stream when the valve opens approximately three times a minute. Experts in a San Diego DUI case will discuss delays in the absorption phase based on variables of when the blood alcohol test is taken after driving. The prosecution will try and apply the BAC test taken as the true blood alcohol at the time of driving. Be careful because this is not true!!!! Any experienced DUI defense attorney in San Diego will be able to shed light on this fallacy based on the information above.

Alcohol absorption and elimination are subject to a lot of variability depending on the individual’s circumstances. If you are looking for more information about the circumstances surrounding your DUI case in San Diego, contact experienced DUI defense Attorney Vik Monder at 619.405.0063.

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Understanding Alcohol’s effect on the Breath Test for a DUI in San Diego

When you are being stopped for a DUI in San Diego, the San Diego law enforcement agent is most concerned with the alcohol content of the person they are stopping. In San Diego there are two charges that will be filed by the prosecuting authority. Under Vehicle Code section 23152(a) it is the actual driving under the influence charge, while Vehicle Code section 23152(b) it is a per se law of driving with a BAC of .08 or higher. 

In order for San Diego law enforcement to check your blood alcohol level, they must first have probable cause that you are driving under the influence of alcohol. Pure ethanol or alcohol that is consumed has no flavor and only a faint smell. When an officer writes in the DS-367 report that they smelled alcohol on your breathe when you were driving, that is not enough for probable cause. It is a totality of circumstances standard. Furthermore, blood shot eyes with the smell of alcohol is not enough. That is why they want you to perform a field sobriety test which you are allowed to refuse without any penalties. Any expert will testify that alcohol has a faint smell because of substances known as congeners added to a beverage for flavor. This fact that the officer believes it is alcohol he is smelling is irrelevant and will be refuted by any reasonable expert in this field. Typical congeners include acids, ketones, aldehydes, esters, phenols, and tannins. These substances are additives used to control the fermentation process.

Furthermore, not all alcohol comes from alcoholic beverages. There are other products that contain alcohol that can contaminate the oral cavity when subjected to a breath test. This includes the following:

Many experts at a DUI trial in San Diego will testify that regarding the amount of drinks you would have to consume to be at a certain blood alcohol concentration. Basically, 180 pound man will consume 4 beers or 4 glasses of wine to reach a .08% blood alcohol concentration. However, measurements of drinks can vary. One shot of 80 proof ethanol can be the same as one ounce of 100 proof.

The most important is the alcohol concentration in the blood. The most common is weight per volume or grams/100 milliliters of blood. Blood alochol tests performed usually use mg/dL as the unit of measure. The amount ingested is converted to mililiters. The effect of being impaired at at a certain blood alcohol concentration is an arbitrary presumption because all people different weight and sizes have different tolerances for alcohol. If you hire an experienced DUI defense attorney in San Diego, make sure he or she knows how to discredit the prosecution’s expert witnesses. There is significant advantage in hiring an attorney that understands scientific principles and concepts where cross-examination can be effective. If you are looking for a free consultation with an experienced San Diego DUI Defense Attorney contact Attorney Vik Monder at the Monder Law Group at 619.405.0063.

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Negotiating A Dismissal In A Simple Drug Possession Case

https://www.monderlaw.com//pratice-areas/drugs/possession

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Managing Client Expectations as a New Attorney

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Getting Criminal Cases Dismissed in San Diego County After Proposition 47

With Proposition 47 reducing certain crimes from felonies to misdemeanors, it is anticipated the City Attorney’s Office will absorb 3,000 more cases per year, including a significant increase in misdemeanor drug cases.

This week the City Attorney’s Office launched the Community Court Plan. This program will allow low-level offenders to have their case dismissed within 90 days from their first court appearance. It is important to hire an experienced criminal defense attorney to secure an offer for you in Community Court. 

Community Court will allow misdemeanor criminal defendants in San Diego to complete a 16-hour public work service project either through Urban Corps San Diego or Alpha Project San Diego. There is a $120 administrative fee that must be paid to one of these two providers. However, once you complete the 16 hours of community service and pay the $120 administrative fee, then your case will be dismissed!

There are certain misdemeanor cases that are not eligible for Community Court. These charges include:

• Driving Under the Influence
• Domestic Violence
• Sex Offenses
• Child Abuse
• Elder Abuse
• Hate Crimes
• Cases involving restitution
• Cases eligible for other statutory diversion programs (i.e. H&S 11550, H&S 11377)

If you want to know more information about getting your misdemeanor case dismissed in San Diego County, Contact San Diego Criminal Defense Attorney Vik Monder at 619.405.0063.

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Early Termination of Probation and Expungement

Unfortunately in the society we live in, a criminal conviction follows you everywhere. By clearing your record and getting an expungement, you will not have to disclose past crimes on applications, which will assist you in securing job employment, securing a professional license or joining a professional organization.

Past criminal convictions on your record can prevent you from renting or purchasing an apartment, home or car. Past criminal convictions will prevent you from obtaining loans and grants. Most employers conduct background investigations before hiring applicants and criminal convictions will appear on those reports. Monder Law Group will ensure that your criminal record has been properly expunged so you can move forward with your life with a clear record.

If you have still have some time left to fulfill your probation and it is too early to expunge your conviction, we can still help. By retaining our services now, we can begin the expungement process at the half way mark of your probation and file a petition of early termination of probation. Once a judge has approved early termination of your probation, we can thereafter file the expungement to clear your record.

You do not have to fulfill the complete amount of probation time you were sentenced. Living life on probation can have a negative effect on your quality of life. Being on probation could prevent you from leaving the country and even the state. If you are caught committing another crime while on probation then the sentence of your next crime will be increased for committing another crime while on probation and you may even risk going to jail. Judges like to see proactivity in getting an expungement. It shows that you are taking ownership of your actions and want to move forward with your life in a positive way.

San Diego criminal defense attorney Vik Monder can handle your case for a reasonable fee and put your criminal past behind you. It is not too early to set up a free consultation to discuss expunging your convictions in the near future. The earlier we are retained to terminate your probation, the sooner we can clear your record and put your criminal past behind you. By securing services with Monder Law Group ahead of time, we will ensure to file your petition with court at the proper time, thus taking the burden out of your hands. Securing an attorney will ensure that the expungement process is properly conducted in order to secure the results you are looking for.

Remember, the courts will not just automatically expunge your record; it is something that you must ask the court to do along with filing the proper paper work. Put your past behind and you and be proactive about your future. Do not let your past determine your future and move forward with a clear record.

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Traffic tickets

Have you received a traffic ticket lately? Did you feel like the police took advantage of you and you did nothing wrong? Most police officers are not familiar with the loopholes and intricate technicalities of the law, that’s what attorneys are for. Do not pay your ticket right away because that would be admitting your guilt.  Know your rights and fight to get your ticket dismissed.

Over 90% of traffic tickets in California are not contested. Do not get intimidated by the police and at least try to fight your ticket because your chances of beating the ticket are higher than you think. Our office specializes in minimizing high penalties, and getting your ticket dismissed. Getting your ticket dismissed will prevent a raise in your insurance premiums and avoid the hassle of traffic school.

As a law firm, it is our job to stay updated on new laws that are helpful to clients. We are constantly enhancing our technique to ensure the police do not get away with handing out frivolous tickets. Fighting a ticket on your own will not ensure the results you want. Our firm has the experience and technique that will get rid of your problem without you having to go to court or trying to figure out what to do on your own.

Did you know that if a cop accuses you of speeding and alleges his radar clocked you in at a certain speed you could fight it? You can challenge the police officer’s radar training and subpoena the calibration records for the radar or laser gun used to determine your speed.  

The easiest way to get your speeding ticket dismissed is to appear in court hoping the police officer will not show up. If you postpone your court date you will significantly increase the odds of the police officer not showing up. Also, never appear on the date the officer scheduled because they typically schedule their hearing dates all at once. Rescheduling the hearing date will increase your chance of the officer forgetting to show up or not coming in on their day off. Also if you change the date closer to the holidays or the summer this may increase your likelihood of challenging the ticket because the officer may be on vacation.

If you cannot get to the courthouse to fight a ticket because you received a ticket out of state or somewhere far away, you can request a trial by correspondence. Trial by correspondence gives you the opportunity to put on your defense in the form of letters and declaration. You must request this hearing before the arraignment. You can further request informal discovery to review the evidence against you and ask for a continuance on the hearing date, which as mentioned before will work in your favor as the cop may not show up.

Another tip is if a cop pulls you over for using your phone and you have your open MapQuest on your screen, the cop cannot site you for texting and driving. Case law supports the fact that MapQuest is a GPS device and it is not illegal to use while driving. However, make sure it is open on your screen when the officer questions you. You cannot open it up when the cop questions you.

Certain courts will allow you to amend your plea to lower your vehicle code violation to a municipal code violation. Lowering the plea will minimize fees and will not count as a point on your driving record and your insurance will not be aware of your violation. 

If you want to avoid going to court, getting a point on your driving record, going to traffic school, and having to pay hundreds of dollars in fines, have us fight your ticket the right way to assure it is properly handled.

If you have any questions about restraining order defense in San Diego, contact San Diego Defense Attorney Vik Monder at 619.405.0063 or visit San Diego Criminal Attorney

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Early Termination of Probation

What is it?
It is a court order providing for an early termination of probation and discharge of the person.

Who is eligible to apply?
A person serving probation who has demonstrated good conduct and reform.

What are the requirements?
The person must be able to provide the court proof of two things: first that the person successfully completed the terms of probation and second that the person’s specific circumstances warrant an early termination of probation.

How can you prove successful completion of the terms of probation?
The best way to demonstrate successful completion of the terms of probation is by living a productive and law abiding life. By making sure to complete any classes ordered by the judge, pay all the fines imposed by the court, including restitution to the victim.

How can you prove that your specific circumstances warrant early termination of probation?
The best way to demonstrate justification for early termination of probation is thru the hardships that result from the restrictions on the person. By showing that the terms of probation keep the person from retaining a job, obtaining a job, or receiving a promotion at work.

How long must you wait before applying?
The court has complete discretion for early termination of probation. The norm is for the court to require 12 months before considering early termination of a misdemeanor or 18 months before considering early termination of a felony.

What is the procedure for P.C.§ 1203.3 (a)?
A person requesting early termination of probation must file a motion requesting a hearing with the court. The motion will consist of a notice, points and authorities, a declaration, and an order. The hearing will consist of a judge reviewing the seriousness of the person’s conviction, the person’s criminal and social history, the defense’s argument for the motion and the prosecution’s response to the motion.

What are the benefits that result from P.C.§ 1203.3 (a)?
As soon as the person obtains early termination of probation and is discharged, the person is eligible and may simultaneously apply to expunge the conviction from his or her criminal record.

Who should you contact?
Probation is a great alternative to serving time in custody. However, serving time on probation can certainly take a toll on a person. You are working to be a productive member in the community but the restrictions imposed on you by your probation are getting in the way. At Monder Law Group, we understand your predicament. Our attorneys will work with the prosecution and your probation officer in order to do everything in our power to demonstrate the merits of early termination of probation in your case.

If you have any questions about early termination of probation, please feel free to contact San Diego Criminal Defense Attorney Vik Monder at 619.405.0063 or visit San Diego Criminal Defense