- San Diego County Charge: Out of county resident charged with felony assault and battery involving multiple victims and great bodily and serious injuries Result: Verdict, Not Guilty on All 7 counts of Assault and Battery with Great Bodily Injury and Multiple Strikes.San Diego County Charge: 69 year old man driving under the influence of methamphetamine onto oncoming traffic Result: Hung Jury and District Attorney Dismissed DUI San Diego County Charge: Mother of two evading police in hit and run charge with serious bodily injury Result: District Attorney Dismissed after Successful Line-Up Motion San Diego County Charge: Juvenile charged with running over her ex boyfriend at high school Result: Court Dismissed case after Argument Made In Mitigation San Diego County Charge: Spouse arrested for domestic violence after 911 calls and pictures of serious bodily injury Result: District Attorney Dismissed at Trial San Diego County Charge: Military member arrested for assault and battery Result: Court Dismissed after successful argument for Military Diversion San Diego Federal Charge: 19-year-old student charged with Alien Smuggling Result: Case Dismissed after negotiations with US AttorneySan Diego County Charge: Out of county resident charged with felony assault and battery involving multiple victims and great bodily and serious injuries Result: Verdict, Not Guilty on All 7 counts of Assault and Battery with Great Bodily Injury and Multiple Strikes.San Diego County Charge: 69 year old man driving under the influence of methamphetamine onto oncoming traffic Result: Hung Jury and District Attorney Dismissed DUI San Diego County Charge: Mother of two evading police in hit and run charge with serious bodily injury Result: District Attorney Dismissed after Successful Line-Up Motion San Diego County Charge: Juvenile charged with running over her ex boyfriend at high school Result: Court Dismissed case after Argument Made In Mitigation San Diego County Charge: Spouse arrested for domestic violence after 911 calls and pictures of serious bodily injury Result: District Attorney Dismissed at Trial San Diego County Charge: Military member arrested for assault and battery Result: Court Dismissed after successful argument for Military Diversion San Diego Federal Charge: 19-year-old student charged with Alien Smuggling Result: Case Dismissed after negotiations with US Attorney
Monder Law Group - News
DUI – Overview: Why is CA so strict on DUI?
It has been repeatedly observed that drunk driving is a sever hazard to public safety. Take, for example, this statement issued by the California Supreme Court: The drunk driver cuts a wide swath of death, pain, grief, and untold physical and emotional injury across the roads of California and the...
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Out of State Conviction Being Used to Enhance Your San Diego Criminal Exposure
Many times the prosecution will say that a case is priorable and will enhance your criminal exposure if you proceed to trial; however, this is not always the case and it is just a way to prevent you from moving forward. In a more serious felony matter, you must always...
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An Out of State DUI Being Used Against You In Your San Diego DUI Case
The most important thing to know if any prior criminal conduct from out of state can be used against you here in California is that there must be a conviction and each element from the crime you were convicted of must match elements of the same California criminal code section...
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How to find your BAC in a San Diego DUI
A forensic toxicologist is the only one that will be able to predict your Blood Alcohol Concentration (“BAC”) in a fair manner. It is important to hire a licensed California toxicologist if you plan on taking your DUI to trial because you believe the BAC calculation may not be accurate....
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The Field Sobriety Test in a San Diego DUI
The court has adopted the regulations from the National Highway Traffic Safety Administration in establishing the field sobriety testing methods. Any departure from this standardized measure developed by NTSTA is a deviation from the courts interpretation of the required procedures that will always result in compromised test results. There are...
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Attacking a Field Sobriety Test in San Diego
The most important thing to do in starting the preparation in any DUI case is to preserve the scene where the DUI stop took place. This means take photographs of the area of the scene at the time the DUI investigation was being conducted. There is a lot of good...
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Understanding the Nystagmus Field Sobriety Test in a San Diego DUI Case
Whenever an officer follows a vehicle for a suspected DUI. The first field sobriety test any officer performs in the field is the horizontal gaze nystagmus to determine whether there is a possibility of impaired driving. Under the horizontal gaze nystagmus test, the officer observes smooth pursuit, nystagmus prior to...
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Police Must Advise Refusal Used When Testifying in a San Diego DUI Trial
Police officers must inform the defendant that refusing to take the chemical test will be used in court or during trial. In Sanchez v. Alexis (1982), Alexis, Defendant was arrested for driving under the influence of alcohol. When defendant was told to submit to a chemical test, defendant refused and...
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“Under the Influence” Defined In a San Diego DUI Case
“Under the influence” is defined as when an alcoholic beverage affects the nervous system, the brain or muscles and prevents the person to drive or operate a vehicle in an appropriate manner like an ordinary person who is in full possession of his/her facilities. In Byrd v. Municipal Court (1981),...
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Understanding Title 17 Requirements in a San Diego DUI Case
Provisions that are violated from California Title 17 regulations are the following: Section 1219.1. Blood Collection and Retention (b) states that there should be enough blood collected in order to duplicate determinations. (e) mentions that the blood sample must be deposited into a clean, dry container and closed. (1) states...
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