- 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
Failure To Follow Requirements Of Vehicle Code Section 23614
The defendant submitted and completed a breath test to determine his/her blood alcohol content. The law requires that a person should be informed with the requirements of the Vehicle code § 23614. When a person chooses to submit a breath test must be advised before or after the test that...
Read More
“Driving” Defined under Driving Under the Influence Charge in San Diego
To prove that the defendant was driving a vehicle, the prosecution must prove that the vehicle was moving and that the defendant caused the movement of the vehicle. Authority: Mercer v. DMV (1991) 53 C3d 753, 280 CR 745 The DMV (Appellant) revoked Mercer’s (Respondent) driving privileges because respondent refused...
Read More
Understanding Field Sobriety Tests in a San Diego DUI Case
The prosecution’s job in every San Diego DUI case is to gather enough objective and comprehensive information to form a reliable opinion about intoxication. Generally, field tests are not as reliable as a chemical test. However, an indicator of determining impairment is observing the cues of the defendant during the...
Read More
Understanding the Clues Officers look for when pulling Someone Over for a DUI in San Diego
The National Highway Traffic Safety Administration (NHTSA) have developed standards for local police to consider in determining whether a driver may have a BAC above a .08% Local police in San Diego will pay special attention to various factors that suggest a high probability of impaired driving to make...
Read More
Chemical Test Validity in a San Diego DUI Case
In determining the validity any kind of chemical test for alcohol level, you must decide or not if the method was used properly, if the tests were well administrated, the operator of the equipment was adequate and the equipment was working appropriately. If it is believed that one of these...
Read More
Choice of Test to Administer in a San Diego DUI Case
V.C. Section 23612 (a)(d) People v. Alvarado 181 Cal. App. 3d Supp.3 The defendant has the right to choose whether the chemical test shall be of his blood or breath. The officer must advise the person that he/she has that choice. If the defendant requests such test, the officer must...
Read More
Credibility of Injured Witness Seeking Damages in a San Diego DUI Case
Under the laws of the State of California, in any action to recover damages from the use of a motor vehicle, a person must not recover non-economic losses to compensate for suffering, pain, physical impairment, and other damages if any of the following applies: If the person was driving under...
Read More
Blood Sample Can Be Taken by Police without Your Consent
The police are allowed to withdraw blood samples to determine blood alcohol content from a person who was arrested from driving under the influence. During trial, the results from the chemical test can be used. The defendant is not required to agree to submit to the test. In people v....
Read More
Calculation of Blood Alcohol Level In a San Diego DUI Case
Establishing the exactitude calculation of blood alcohol level of the amount of alcohol in a sample of urine, you are advised that the law requires that the blood alcohol level should be reported by using a calculation based upon the relationship if the amount of alcohol in 1.3 milliliters of...
Read More
Hiring an Expert In a San Diego DUI Case Is an Important Process
In every single DUI case that goes to trial the most critical aspect of the case is what the expert is going to say on the stand. There are many defenses in DUI cases. However, the vast majority of them require expert testimony to help jurors better understand the facts...
Read More
