What to do if you fall asleep behind the wheel and arrested for a DUI in San Diego

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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 Attorney

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 Attorney

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What to do if you fall asleep behind the wheel and arrested for a DUI in San Diego

There has been a warrantless arrest and wake up in jail. Now What? The community caretaker doctrine allows officers to act in certain instances to help distressed citizens. Basically you are being arrested to protect you from yourself! Hopefully this makes little sense to you as it does to an experienced defense attorney. We believe you have a fourth amendment protection from unreasonable search and seizures from officers especially if you are sleeping in your own car and minding your own business.

I am going to provide information in the context of drunk driving with the engine running and headlights off with the driver sleeping in the vehicle. The officer most likely knocks on the window and then opens the car door where the defendant is in an intoxicated state. As an experienced criminal and DUI defense attorney it is our position that the officer should not have entered your vehicle given the nature and level of distress exhibited by the individual, the location of the individual, and lack of danger to himself or herself. If you plan to hire an experienced DUI criminal attorney, then the first thing that will happen is that we will prevent any evidence from coming into court from the moment that officer opened the door. Filing a suppression motion with the court does this. We will cross-examine the officer in such a way that will suggest that the officer was overreaching in making an arrest when you were never a danger to yourself.

Typically the officer must have probable cause based on his own observations of the incident. The fact that the officer did not see the defendant driving and there is no corroborating evidence to suggest driving is enough for an experienced criminal defense attorney to get the DUI dismissed in your case.

If you have any questions about your arrest feel free to contact Attorney Vik Monder who is an experienced criminal and DUI Defense Attorney in San Diego. You can reach him at anytime at 619.405.0063 or visit San Diego Criminal Defense Attorney

Contact San Diego Criminal Attorney for a free consultation today at: 619-405-0063