San Diego Criminal Attorneys Blog

Many are of you are truly enjoying this merry season by celebrating with friends and family. This joyous time of year is filled with festivities, good food, holiday cocktails, and fun. Unfortunately, news reports indicate that some holiday celebrators had too much merriment, and then made the unwise decision to drink and drive. This last weekend 16 suspected drunken drivers were arrested by California Highway Patrol officers at just one checkpoint.

After being stopped near or at the checkpoint located in a downtown East Village neighborhood on G Street, sixteen individuals were arrested for DUI.{FOX5 News} The DUI checkpoint was in operation between the hours of 10:49 p.m. Saturday and 2:21 a.m. Sunday, San Diego Police Officer Mark McCullough stated.

Officials said some of the motorists were caught in areas surrounding the checkpoint, which had extra patrols due to the national "Drive Sober Or Get Pulled Over" campaign. This campaign has been designed to create heightened public awareness and high-visibility enforcement.

"Drinking alcohol and driving do not mix," McCullough said. "If you plan to consume alcohol, you should also plan not to get behind the wheel of a vehicle or ride a motorcycle."

Officer McCullough said holiday revelers should plan a safe way home before festivities begin, designate a sober driver, use a taxi or public transportation and to help those who had been drinking get home safely. He urged anyone who spots a suspected drunken driver to call 911.

In an effort to keep our local roads safe, San Diego Law Enforcement says they have been deploying many operations to keep drunk drivers off the road. In my last blog, I described the multiple efforts being taken as a part of the "Drive Sober, Or Get Pulled Over" campaign. Please keep in mind, San Diego Law Enforcement has substantially increased the number of DUI/Driver License Checkpoints and DUI saturation patrols. They have also deployed a multi‐agency DUI Taskforce strike team patrol, and a DUI Warrant sweep. In addition, all available deputies and officers will be deployed during the two maximum enforcement periods - Christmas and New Year's weekends.

Another strategy to keep drunken drivers off the road this holiday season, is being put forth by the San Diego County Probation Department. According to the U-T San Diego, the department is increasing the supervision of repeat DUI offenders. In addition, the department's DUI enforcement team will make more surprise home visits of drunken drivers on probation. They will also increase the number of high-risk offenders fitted with monitoring bracelets that detect alcohol.

The county Probation Department's DUI enforcement team is paid for with a $500,000 grant from the National Highway Traffic Safety Administration. In fact, quite a bit of funding has been granted to Law Enforcement Departments all over the nation to finance the multi-agency DUI Taskforce teams and the national "Drive Sober, Or Get Pulled Over" awareness campaign.

Please keep your holiday memories happy ones ~ don't make the regretful decision to drive under the influence of alcohol or drugs. Be aware, extra patrols are out there! If you or a loved one get yourself in a situation where you need legal counseling (or just a ride home), call me ~ Sean F. Leslie.

Wishing You and Yours,

A Happy Holiday Season ~ Full of Love, Laughter, and Joy!

From All Of Us at The Law Office of Sean F. Leslie

Sources: "PROBATION OFFICIALS BOOST WATCH ON DUI REPEATERS" ~ U-T San Diego, December 17, 2012

"DUI Checkpoint Downtown Nets 16 Arrests" ~ FOX5 San Diego, December 16, 2012

As you celebrate this holiday season at festive parties filled with family, friends, and fun,
please keep in mind that San Diego Law Enforcement is cracking down on DUIs to help save lives! "Drive Sober or Get Pulled Over" is the task force campaign being launched by law enforcement from 15 agencies. They will be watching over the local roadways to apprehend drunk drivers drivers in an effort to save lives.

The San Diego County DUI Avoid the 15 Task Force says they will be aggressively looking for impaired drivers. Party-goers please be aware, extra patrols are out there and anyone caught driving under the influence will be arrested. This holiday enforcement crackdown will begin December 14 and it will run through January 1. According to The Village News, law enforcement efforts will include:

DUI/Driver License Checkpoints, DUI saturation patrols, a multi‐agency DUI Taskforce strike team patrol, and a DUI Warrant sweep. Agencies will deploy all available deputies and officers during two maximum enforcement periods - Christmas and New Year's weekends.

December 14 - Sobriety Checkpoints in Vista and Santee, 8 p.m. to 3 a.m.

December 15 - Warrant Sweep, South Bay

December 15 - Sobriety Checkpoint Lemon Grove and Encinitas, 8 p.m. to 3 a.m.

December 20 - DUI Saturation Patrol for the Poinsettia Bowl, 5 p.m. to midnight

December 21 - Sobriety Checkpoint San Marcos, 8 p.m. to 3 a.m.

December 22 - Sobriety Checkpoint Rancho San Diego (AVOID), 8 p.m. to 3 a.m.

December 28 - Sobriety Checkpoint Poway and Imperial Beach, 8 p.m. to 3 a.m.

December 29 - Sobriety Checkpoint Chula Vista, 8 p.m. to 3 a.m.

December 30 - DUI Saturation Patrol Chargers/Raiders game, 5 p.m. to midnight

December 31 - DUI Saturation Patrol, Sheriff's Department contract cities: San Marcos, Vista, Poway, Encinitas, Lemon Grove, Imperial Beach, and Santee.

San Diego County Sheriff Bill Gore has this important advice for you to keep in mind: "Don't let a DUI ruin your holidays. Before you leave home for a holiday party, think about how everyone can get home safely. Designate a sober driver, take a cab or stay the night. We are not going to tolerate impaired driving. So remember, 'Drive Sober or Get Pulled Over.' We will be watching."

Following these simple tips recommended by The Avoid the 15 Coalition will help you have a safe holiday season:

~ Plan ahead. If you will be drinking, do not plan on driving. Designate a sober driver or find another safe way home. Remember, even one too many drinks increases the risk of a crash while driving a motor vehicle.

~ If you are impaired, find another way home. Use a taxi, call a sober friend or family member or use public transportation.

~ Be responsible. If someone you know is drinking, do not let them get behind the wheel. If you see an impaired driver on the road, report them ‐ call 911! Your actions may save someone's life, and inaction could cost a life.

As an experienced DUI attorney, I can attest to the fact that DUIs, and Drunk Driving crashes are on the rise during this festive time. Let's help make this holiday season a safe and happy one by being responsible party-goers. Please follow the valuable tips provided by The Avoid the 15 Coalition. To echo what I encouraged in my previous holiday blog, offer a sober, safe ride to anyone who has had a little too much holiday merriment. This thoughtful gift can save a life!

From All Of Us at The Law Firm of Sean F. Leslie,

We Wish You a Safe and Happy Holiday Season Filled with Cherished Memories!

Source: "DUI Checkpoints, Patrols, Ramped up During Holiday Period" ~ The Village News, December 6th, 2012

With DUI's on the rise during this festive time of year, it is a great time to remember how important it is to celebrate responsibly. In fact, the merrymaking month of December has been designated as the National Drunk and Drugged Driving Prevention month because it is a time when drunk driving crashes are most prevalent. Make your holiday parties be safe celebrations by following these tips provided by Mothers Against Drunk Driving:

~ Designate a sober driver before celebrations begin.

~ Never serve those under the age of 21 alcohol.

~ Plan safe parties, by providing non-alcoholic drink options to guests and by
not serving alcohol the last hour of the gathering.

~ Be prepared to get everyone home safe in case your plans or individual circumstances change.

According to MADD, in 2010, 10,228 people died in drunk driving crashes. Sadly, one every 52 minutes - and 345,000 were injured in drunk driving crashes. MADD hopes to raise awareness about the consequences of driving under the influence of alcohol and drugs this month and all throughout the year. They want you to know that every day in America, another 28 people die as a result of drunk driving crashes.

The good news is the number of drunk driving deaths has been cut in half in the United States since MADD was founded in 1980. {National Highway Traffic Safety Administration FARS data, 2011}

During this joyous season of giving, MADD encourages you to join their "Give the Gift of a Designated Driver" campaign. They are asking people to give the gift of a safe, sober ride home by volunteering to be the designated driver for your friends and family, to and from a Holiday festivity.

It is also a good idea to drive extra cautiously during this busy month ~ there are a lot of drivers out there rushing around trying to finish their holiday shopping. Some drivers will be so preoccupied with their lists that they will not be paying attention to their driving! Unfortunately, you may even come across a driver who appears to have had a few. If you do happen to see a drunk driver on the road, please don't hesitate to report it. San Diego Law Enforcement recommends reporting DUIs (drivers under the influence) by calling 911.

As an experienced DUI attorney, I can tell you the penalties for driving under the influence of alcohol can be severe ~ even if it is your first arrest and charge for a DUI offense. It's important that you keep in mind, that DUIs, and Drunk Driving crashes are on the rise during this merry time. Offer a sober, safe ride to anyone who has had a little too much holiday merriment ~ this thoughtful gift can save a life! And please, if you find that you, yourself, have had more holiday drinks than you planned, do not drive! Call a friend, a loved one, a taxi, or call me!

Wishing you a Safe and Happy Holiday Season!

Sean F. Leslie, Attorney at Law

Source: "DECEMBER IS NATIONAL DRUNK AND DRUGGED DRIVING PREVENTION MONTH" ~ MADD, December 2012

A Chula Vista mom is ordered to stand trial for DUI crash that that resulted in the deaths of her beloved 5-year-old daughter and her daughter's 5-year-old friend. The 22-year-old mom, who is accused of drunk driving, veered off the road and crashed into the Otay Lake Reservoir. Although rescue attempts were made, tragically the two little girls died that evening.

While under the influence of alcohol, the young mom made the careless decision to get behind the wheel. Unfortunately, Arlene Anna Hernandez, lost control of her 2005 Kia Sedona on eastbound Otay Lakes Road shortly after 6 p.m. on Sunday, August 5, said authorities. According to California Highway Patrol Officer Omar Morales, the vehicle tumbled down an embankment near Wueste Road, overturned, landed on its roof in the water and sank.

News reports stated that Hernandez and Eric Figueroa, who was her front passenger, were able to escape the sinking vehicle. However, their 5-year-old girls were still belted in their seats. Hernandez's daughter, Lesette Silva and Figueroa's daughter Giuliana remained trapped in the back seat until they were pulled out by Border Patrol Agent Travis Creteau. He jumped in the murky water in his full uniform to rescue the girls from the submerged SUV. Local area residents also tried to help with the rescue. Even though heroic measures were were taken to try and save the two beloved five-year-olds, both girls died later at Rady Children's Hospital.

After hearing the evidence presented on Tuesday, South Bay Judge Ana Espana ordered 22-year-old Hernandez to stand trial on charges of gross vehicular manslaughter, felony child abuse and DUI causing injury. During the preliminary hearing, Hernandez and the relatives of the two dead girls broke down in uncontrollable sobs, as they heard the accounts of that tragic day. {U-T San Diego}

At the preliminary hearing, Eric Figueroa refused to testify, citing his Fifth Amendment right against self-incrimination. CHP Officer Brad Clinkscales stated that Figueroa told him that he had met Hernandez a few months earlier and their daughters played together. The day of the accident was another arranged "play date" for the girls by Hernandez and Figueroa. According to Figueroa's statement, they all met at a Ralphs Grocery Store where he picked up a six-pack of beer. Hernandez then drove the four of them to the park.

In his account to Officer Clinksdale, he stated that he and Hernandez drank about three beers each while they watched their girls play. When Hernandez saw some skydivers she decided she wanted to give her daughter an up-close look, so they got in the car and began to drive toward the area where they were. Figueroa stated he was blindfolded during the drive because Hernandez had a "surprise" for him. He expressed that he didn't know anything was wrong until he heard yelling and the minivan careening out of control.

At the preliminary hearing, Officer Clinkscales testified that once in the water, Figueroa and Hernandez freed themselves from the sinking car and they said they tried to go back for their girls, but were unable to do so and they began shouting for help.

It was reported that the officer who arrested Hernandez smelled alcohol on her breath. Her blood-alcohol level was measured at .13 percent after the crash, said officials. At CHP headquarters, Clinkscales said Hernandez told him that she had purchased a 12-pack of beer earlier in the day and put it in a cooler in the van, along with snacks for the children.

In Hernandez's account of the accident, she told Clinkscales that a song had come on the radio and she was singing along, turning around and "dancing" with her daughter, with one hand on the steering wheel. She stated she then spotted a rock in the road and swerved to avoid it, sending the van off the road. Officer Clinkscales testified he found no evidence to support her claim. He stated there were no rocks in the road, tire marks or gauges to indicate Hernandez swerved to miss a rock. In fact, Motorists immediately behind Hernandez stated they did not see a rock.

The U-T San Diego reported that on cross-examination of Officer Clinkscales and others, Hernandez's defense attorney worked to show that she did try to avoid the rock, which would explain why she lost control of the SUV. If that finding is proven to be true it could lessen her potential prison time because she would not be found to be grossly negligent in her driving.

Unfortunately, this is not the mom's first criminal charge ~ in a November 2011 she was charged with a hit-and-run accident in which two people were injured. Hernandez is being held in lieu of $400,000 bail and is due in court on December 17 for her arraignment.

You may believe that Arlene Hernandez's decision to get behind the wheel while intoxicated is what brought about the tragic chain of events that devastatingly changed so many lives. In fact, you may feel she deserves being prosecuted, or may even feel she is guilty of gross vehicular manslaughter and the other charges against her. However, you must put your personal feelings aside and allow Ms. Hernandez the opportunity, through legal representation, to defend herself and prove her case. After all, a defendant is presumed innocent until proven guilty beyond a reasonable doubt.

As a skilled criminal defense attorney, who has handled many manslaughter cases in San Diego, I can tell you how important it is that the criminal defense team thoroughly investigate all aspects of a manslaughter case, including the retaining of an accident reconstruction expert, interviewing witnesses, and examining medical records. The best way to defend yourself against any criminal charge is to speak with and retain an experienced and knowledgeable criminal defense lawyer. It is imperative that you know and protect your rights!

Sources: "Trial Ordered for Driver in Crash Killing Daughter, Playmate" ~ FOX 5 News, November 27,2012

"Mom in crash that killed 2 girls to stand trial" ~ U-T San Diego, November 27, 2012

It was not a fun Friday night for local school teacher, Bret Helvig. According to news reports, the teacher tried to avoid a DUI checkpoint by jumping on the freeway. After leading San Diego police on a short pursuit, he was caught and arrested.

The thirty-eight-year-old, Helvig, drove onto Interstate 5 and then exited off Clairemont Drive hoping he could avoid a Sobriety Checkpoint on 4200 block of Mission Bay Drive in Bay Park. According to San Diego Police Officer Mark McCullough, officers used a spike strip to puncture his vehicle's rear tire which stopped his escape.

Helvig was arrested for evading a police officer, suspicion of driving under the influence, and for driving on a suspended license, the officer said. Jail records indicated that the teacher was booked into San Diego jail about 4:30 a.m. Saturday and released almost 12 hours later at 4 p.m. that afternoon.

According to his school's website, The Bishop's School of La Jolla, Helvig is a member of their Foreign Language Faculty and he teaches French and Spanish there. Unfortunately, Helvig has a prior DUI conviction, which could explain why he was trying to dodge the DUI checkpoint.

Believe it or not, the teacher's DUI arrest that night was one of fourteen made by 3 a.m. at or near the Mission Bay Drive near Interstate 5. In all, police said 29 motorists were detained for further sobriety evaluations. From there, a total of 14 DUI-related arrests were made and 15 vehicles were impounded. Checkpoint evaluations took place from 10:55 p.m. until 3:00 a.m. and during that time 1,295 cars passed through and 645 of those vehicles were contacted by officers.

The Bay Park checkpoint was made possible by a special "DUI Mini Grant" from UC Berkeley. As San Diego Law Enforcement receives these special grants, the number of DUI checkpoints will continue to increase around the county. The penalties for driving under the influence of alcohol or under the influence or any controlled substance can be very severe, especially if you have a prior DUI conviction. If you are arrested for a DUI, it is critical that you obtain a skilled DUI Attorney with years of experience ~ and a commitment to excellence. The best choice is always to not drink alcohol and drive!

Sources: "Driver Tries to Escape DUI Checkpoint" ~ NBC 7 San Diego,
November 17, 2012

"Cops: Teacher flees DUI checkpoint" ~ U-T San Diego,
November 17, 2012

This last Friday the tragic murder of a beloved Carlsbad Dental Assistant sadly transpired. Authorities reported that on Friday, November 9, 2012, JoAnne Javier was found stabbed to death in her car of the parking lot where she worked. The 24-year-old, who was late returning from her break, was discovered by her employer slumped over in her SUV. A witness called 911 after hearing a lady screaming, 'My assistant, my assistant, call 911."

According to Carlsbad Police, patrol officers responded to a 911 call around 4:30p.m. to the parking lot in the 5800 block of Van Allen Way. Tragically, they found the young woman in her car slumped over and bleeding from her chest. The victim appeared to have been stabbed in the chest multiple times. A short time later, paramedics pronounced the Javier dead at the scene.

Police immediately began investigating Javier's murder. A few hours later, homicide detectives developed information on a male suspect believed to be responsible for her murder. That suspect was Javier's boyfriend, John Monta. He is also the father of Javier's 3-year-old child {NBC 7}. Carlsbad detectives went to Monta's apartment, with the assistance of San Diego Police.

After an hour long stand-off at his home, located in the 2200 block of Dunlop Street in Linda Vista, police officials manage to persuade Monta to come out of his apartment. He was taken into custody on suspicion of Javier's murder and he left his home carrying a medical bag. His father soon told NBC 7 that the his son is dying from lymphoma and that he had just undergone a bone marrow transfusion.

It was reported that surveillance footage of the Van Allen Way parking lot is was what led police to Monta's apartment. A police source told NBC 7 that a surveillance camera captured the suspect's silver vehicle near the scene of the victim's stabbing. News reports stated that Monta seemed surprised when he was arrested and apparently he acted as though he did not know what was going on.

A motive for the murder is not yet known. According to NBC 7, friends of the victim stated the couple had been arguing a lot lately. Criminal defense attorney Gretchen Von Helms told NBC 7 that Monta's alleged medical condition could play a role in his defense in court. Monta is being held at Vista Detention Facility without bail and he is facing one count of first-degree murder.

It is vital that all individuals arrested for a crime seek a skilled criminal defense attorney, especially when the crime involves murder.The consequences of a murder conviction are severe! 15 to life, 25 to life, life without the possibility of parole, or even Death...... These cases are extremely emotional on all involved including the defendant's family and the victim's family. Selecting the best legal representation for you or a loved one in a murder case is critical!

Sources: "Boyfriend Arrested in Woman's Fatal Stabbing" ~ NBC 7 San Diego,
November 12, 2012

Man Arrested in Connection With Woman's Stabbing Death ~ 10News San Diego,
November 10, 2012

A San Marcos woman was arrested on suspicion of DUI after she tried to make a U-turn on the Interstate 15 freeway in Temecula ~ ramming her truck into the center median, CHP officials said. Apparently, she was so intoxicated that she tried to drive right through the concrete divider in an attempt to turn around.

In the early afternoon on Monday, Nov. 5, Marlies L. Petersen, 53, was observed by a witness trying to make a slow-speed U-turn through the concrete median on northbound I~15 near Temecula Parkway. According to California Highway Patrol officials, Petersen had been driving her Ford F-150 so erratically that a Menifee man called 911 and cautiously followed her as she headed north on Interstate. Around 2:10 p.m., the witness, Dave Iverson, not only observed her trying to make one failed attempt through the solid barrier, but two unbelievable attempts.

Petersen's Ford truck became stuck in the soft dirt of the median and Iverson, who still had his eyes on her, took the opportunity to help the suspected drunk driver. According to CHP Officer Nathan Baer, Iverson spotted the truck's reverse lights go on as he obseverved the driver "flooring it". Fearing the unpredictable driver might reverse her pickup backwards into freeway traffic, he got out of his vehicle and approached Petersen. Fortunately, he convinced her to stop the truck and hand over her keys.

Officer Baer said he arrived a few minutes later, discovering the woman was so intoxicated that she had difficulty standing and walking on her own. Peterson told him she thought she was heading towards Valley Center. She was booked into the Southwest Detention Facility on suspicion of misdemeanor DUI charges and released later that day, according to jail records.

I absolutely commend Dave Iverson for being a Good Samaritan ~ his thoughtful act prevented a tragedy from happening. We have yet to know what caused Marlies Petersen to make one reckless decision after another. She was truly fortunate to have a concerned citizen watching over her, for her mindless actions could have lead to disastrous consequences.

It is imperative that drivers realize that the penalties for driving under the influence of alcohol can be severe ~ even if it is your first arrest and charge for a DUI offense. The best choice is always to not drink and drive!

Sources: "Suspected Drunken Driver Tries U-turns into Concrete Wall" ~ North County Times,
November 6, 2012

TEMECULA: "DUI Suspect Attempts U-turn Through Concrete Wall" ~ The Press~Enterprise,
November 6, 2012

The body of a teenage slaying victim found four months ago in an Oregon Park has been identified as a runaway girl from San Diego. On June 26th, police found the murder victim's unidentified body in Washington Park, Portland. It appeared to them the teen had recently been living on the street and they believed she wasn't from the area. To help determine the girl's identity, Portland investigators distributed a sketch of her face to law enforcement agencies across the nation.

After viewing the composite sketch, a detective with Clark County Sheriff's Major Crimes Unit, recalled a missing person bulletin that went out during the time of girl's disappearance. The Washington detective notified the Portland police of his discovery and assisted them in connecting the two cases.

Dental records soon confirmed that the missing girl was 15-year-old Mayra Sophia Cruz Rodriguez, a runaway teen from San Diego. According to Homicide detectives, Mayra was first reported missing June 15 while she was visiting relatives in Vancouver, Washington. She was also reported missing as a runaway in San Diego County.

Portland Homicide Detectives have arrested and charged a transient and convicted sex offender, Mark Beebout, with the aggravated murder of Mayra Cruz. He was tied to her death through DNA evidence. Beebout has also been charged with the homicide of another woman, as well. According to a Portland television station, Beebout pleaded not guilty to the charges brought against him.

On Monday, the Portland Police Bureau thanked many of the agencies who helped distribute the sketch they developed of the teen murder victim. The Oregon State Medical Examiner's Office, the Oregon State Forensic Laboratory, the Clark County Sheriff's Office, the San Diego County Sheriff's Department and other agencies were recognized for their important roles in identifying Mayra Sophia Cruz Rodriguez.

Sources: "Portland Slaying Victim ID'd as San Diego Girl" ~ North County Times, October 30, 2012

"Oregon Homicide Victim Identified as San Diego Teen" ~ NBC 7 San Diego, October 29, 2012

"Victim of June Homicide in Washington Park Identified as 15-year-old Runaway" ~ The Oregonian, October 29, 2012

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San Diego County law enforcement has a message for you ‐‐‐ "keep the party off the road." Enjoy the festivities, dressing in costume, and celebrating with friends, but make plans ahead for having a safe Halloween ~ and beware of becoming another DUI statistic.

The San Diego County Sheriff's Department, who coordinates the county's AVOID the 15 anti‐DUI task force, is increasing their patrols to specifically look for drunk drivers on our roadways. The stepped up enforcement begins today, Thursday, October 25 through Sunday, November 4.

"Far too many people spend hours and hours preparing their Halloween costumes and party plans," said San Diego County Sheriff Bill Gore. "But too often impaired drivers never plan ahead for their designated driver and end up making the roads scarier than a horror show."

Nighttime has already proven to be a significantly more dangerous time on the road and Halloween night particularly stands out because of the number of drunk drivers on the road. According to the National Highway Traffic Safety Administration, 41 percent of all highway fatalities throughout the nation during the Halloween period in 2010 involved a driver with a BAC of .08 or higher. The statistics are scary and they make a good argument for one to plan ahead and beware of the roadways.

There will also be a DUI/Driver License Checkpoint near San Diego State University on Saturday, October 27th to deter impaired driving in the region.

According to Sheriff Gore, DUI checkpoints, along with regularly scheduled high visibility DUI enforcement, serve as proven deterrents with the goal of removing impaired drivers and heightened awareness of the dangers of driving under the influence of drugs and alcohol.

The Avoid the 15 recommends these simple tips for a safe Halloween celebration:

~ Plan a safe way home before the festivities begin.

~ Before drinking, designate a sober, 'non drinking' driver.

~ If you're impaired, take a taxi, call a sober friend or family member, or use public transportation.

~ If you happen to see a drunk driver on the road, don't hesitate to report drunk drivers, Call 911.

~ And remember, Friends Don't Let Friends Drive Drunk. If you know someone who is about to drive while impaired, take their keys and help them make other arrangements to get to where they are going safely.

Keep in mind, the best choice is to not drink alcohol and drive! However, if you find yourself in scary situation, please don't hesitate to call me. For more recommendations, please view the DUI tips posted on my website.

Sources: "Sheriff's Dept. Advises "Keep the Party Off the Road" with DUI Task Force Focus Oct. 25 through Nov. 4" Village News, Thursday, October 25th, 2012

"Drunk Drivers Can't Hide Behind Halloween Costumes" East County Magazine, October 28, 2011

Just after midnight on August 13th, 2010, another horrible DUI tragedy took the lives of three, and forever changed the life of a San Marcos mom. Over two years ago, Debbie Sumi, a mother of four, made the unfortunate life altering decision to get behind the wheel while intoxicated. Earlier that evening, she was celebrating the joy of her fiance's proposal and by morning, because of her reckless decision, her life took an unthinkable turn for the worse.

On Monday, 36 year old Sumi was convicted of three counts of gross vehicular manslaughter while intoxicated. According to prosecutors, Sumi was drunk driving when her car crashed on westbound State Route 78 near Sycamore Avenue.

According to CHP, the devastating chain of events that lead to this terrible tragedy began when the driver of a westbound 2008 Nissan Altima pulled over to the side of highway 78 because one of her passengers was feeling ill. After parking on the shoulder, three of the passengers got out of the car. Sadly, it wasn't long before Debbie Sumi's 1994 Jeep Grand Cherokee veered off the highway and slammed into the Altima and two young women standing right next to it.

The Jeep Cherokee then tumbled across all lanes, skidding and flipping until it came to rest on its roof against the center divider. Sumi was thrown from her Jeep and was fortunate to survive the horrible crash. Tragically, her fiance and the two young women were killed. 34-year old Larry Alvarez, died at the scene after being partially ejected and crushed by the overturned Cherokee. Susana Orozco of Escondido and Erica Oliva of Fallbrook, both only 23-years-old, were also pronounced dead at the scene.

According to Prosecutor Jodi Breton, Sumi's blood-alcohol level was more than three times the legal limit, measuring at .27 and .28 percent. Prosecutor Breton stated that the high BAL is one of the reasons she will request that Sumi be sentenced to the maximum of 14 years.

As the verdicts were read, it was reported that defendant Sumi wept. Her sentencing is scheduled for January 8, 2013 in San Diego North County Superior Courthouse. During the trial, Sumi's public defense attorney maintained that it was the defendant's fiance who was driving the Jeep. However, the jury rejected that claim and found her guilty.

I imagine that Debbie Sumi has many heartfelt regrets, especially making the careless decision to drive completely intoxicated that night. One mindless decision brought about an unfathomable chain of events. Remember, the best choice is to not drink alcohol and drive!

Sources:
"San Marcos Mother Convicted in Fatal North County Crash" 10 News San Diego, October 23, 2012

"Jury Declares Woman guilty of Three DUI Manslaughters" San Diego Reader, October 22, 2012

A navy sailor, who was shot by a San Diego police officer in his apartment complex near Horton Plaza, was arraigned from his hospital bed on Wednesday. With his criminal defense attorney by his bedside, 24-year-old Esteban Nandin plead "not guilty" to one count of exhibiting a firearm to a police officer. He was ordered to remain held on $100,000 bail.

According to police, Nandin was armed and wearing a tactical vest, along with a gas mask, when he raised his military-style-assault- rifle at one of their own. The police shooting incident occurred around 3:00 a.m. on Sunday in the stairwell area of the Market Street Square Apartments. Police stated they were responding to reports from neighbors who witnessed seeing a man wearing body armor and carrying guns.

During their search for the suspect, Officer Charles Marciniak, a canine handler, located Nandin after opening a door to a stairwell landing. The two were face to face when Nandin raised his rifle at Officer Marciniak stated police investigators. The officer fired, hitting Nandin in the arm and sending shrapnel into his upper torso. Nandin retreated back into the stairwell and did not surrender for almost one hour. He emerged from the building unarmed with bleeding wounds to his arm and chest.

Nandin was transported in critical condition to UCSD Medical Center in HIllcrest, authorities said. His defense attorney stated that Nandin was facing an upcoming surgery. However, he didn't elaborate on his personal injuries or his condition. According to Deputy District Attorney Robert Eacret, Nandin faces three years in prison if convicted.

"The case is under investigation so there could be additional charges in the future," said Eacret. "We've analyzed the facts of this case and made the decision on those charges at this time."

According to Lieutenant Commander Donnell Evans with the Navy, Nandin is a 2nd Class Petty Officer and he is stationed at the Coronado Naval Amphibious Base. He has worked there as an electronic technician for the Explosive Ordinance Disposal Unit since March 2012. Nandin's defense attorney stated that investigations revealed that his client's rifle was unloaded, and that he was not carrying ammunition on him. In addition, he said Nandin was wearing a military-style Camelback water backpack, not a tactical vest.

Although 2nd Class Petty Officer Nandin was deployed to Iraq from June 2008 to May 2009, Navy officials stated his file indicates no history of PTSD (Post-traumatic stress disorder). Investigators have not identified a motive for Nandin's actions, but they do suspect alcohol may have been involved.

As a criminal defense attorney, I am always intrigued by cases involving police shootings. As a former police officer myself, I often question whether the criminal actions of a suspect warrant the measures taken by some cops. Was this a case of self-defense, as well as a public safety issue, or was it excessive use of force? In order to be fair, one must wait for all the facts to be in, before casting judgement. As our Constitution mandates, we all innocent until proven guilty by reasonable doubt.

Sources: "Sailor Shot by Cop Arraigned in Hospital" U~T San Diego, Oct. 17, 2012

"Gaslamp Standoff Suspect Arraigned in Hospital" NBC 7 San Diego, Wednesday, Oct 17, 2012

"Man Shot by Police Arraigned in Hospital Bed" FOX 5 San Diego, October 17, 2012

The new archbishop of San Francisco, Salvatore J. Cordileone, 56, was arrested on suspicion of DUI after being stopped at a sobriety checkpoint near San Diego State University. The archbishop is well known in San Francisco for his views opposing same-sex marriage. In fact, he supported and worked for the passage pf Prop. 8 - which banned same-sex marriage.

According to U-T Sn Diego, Archbishop Cordileone was taken into custody at 12:26 a.m. on August 25 and he was booked into the county jail on a misdemeanor charge of driving under the influence. Ten other individuals were also arrested at the checkpoint, San Diego police said. Cordileone, a San Diego native, stated he was driving his mother home from a dinner at some friends' house when he was stopped at the checkpoint. He said he was found to be over California's legal limit of 0.08 percent. Cordileone was released on bail the morning following his arrest. He apologized for his actions in the following statement:

"I apologize for my error in judgment and feel shame for the disgrace I have brought upon the Church and myself," he said. "I will repay my debt to society and I ask forgiveness from my family and my friends and co-workers at the Diocese of Oakland and the Archdiocese of San Francisco. I pray that God, in His inscrutable wisdom, will bring some good out of this."

Fortunately, the regretful Cordileone was helped by his attorney in obtaining the reduced charge of misdemeanor reckless driving. He worked with his attorney and the San Diego Legal System to bring about a fair judgement for a first time DUI offender. The archbishop was sentenced to three years probation and a $1,120 fine. In addition, he was mandated to attend a panel discussion sponsored by Mothers Against Drunk Driving.

According to the Associated Press, Archbishop Cordileone assumed office on Thursday, amid the presence of more than 2,000 invited guests, heavy security, and his faith's most sacred rites. As a part of his first sermon as archbishop, and in a self-deprecating fashion, he offered this commentary about his recent DUI arrest.

"I know in my life God has always had a way of putting me in my place. I would say, though, that in the latest episode of my life God has outdone himself," He ended this with a chuckle.

Sometimes having a sense a humor about one's mistakes and a knowledgeable attorney can speed up the healing process and lead us to forgiveness and growth. I commend Archbishop Cordileone not only for his humbling actions in dealing with his arrest, but also, for his efforts in taking the necessary steps to enable him to achieve a fair legal outcome.

Sources:

SF Archbishop Jokes About Recent DUI Arrest, The Seattle Times, October 5, 2012

S.F. Archbishop Pleads Guilty to Reckless Driving in DUI Case, Los Angeles Times, October 4, 2012

SF Archbishop Arrested on DUI in San Diego, U~T San Diego, August 27, 2012

Escondido Police Department has begun cracking down on people known as Juggalos, a name for hard core followers of the Insane Clown Posse (a band). There are recent reports, according to Escondido Police, that members of this group are committing violent gang crimes throughout Escondido, including cornering kids and teens in a local park and ordering them to hand over their cash and other valuables. Along with alleged assault and robbery, they as well with held a woman at knife point and proceeded to rob her. A known meeting location of Insane Clown Posse members at Grape Day Park is now being frequently patrolled by Escondido Police to control and catch the criminals in this group.

Many members of the group are upset with how some of the members are acting, stating, they are not a gang but a nonviolent "family". This remains true with statistics gathered from members of the group, only a few of the hundreds have been involved in any criminal activity. While this isn't a 'gang', members have special signs and code words that they use to communicate with each other which could appear to be gang signs to those who are unfamiliar with them. Another reason why the Escondido gang detectives are cracking down is due to recent confrontation between Juggalos and known Latino gangs in the area. While there has been no major incidents involving them, there have been several fights leaving some members bruised and scratched.

Full Article can be found:
EXCLUSIVE: Escondido police crack down on Juggalos, North County Times

Professional football player Aldon Smith of the San Fransisco 49er's was arrested on January 28th for suspicion of driving under the influence of alcohol. The police report states that Smith was spotted swerving on the MacArthur Causeway in Miami Beach, Florida and was pulled over a little after 4:30 am. After failing a field sobriety test that checked his blood alcohol level (BAC), Smith was taken to a correctional facility where he spent the next 3 1/2 hours following his arrest. Information on whether the athlete was represented by an attorney during this time has not been released. Authorities released Smith once he posted the 1,000 bond for bail.

Aldon Smith was drafted to the 49er's in 2011 as the seventh overall draft pick. With 14 quarterback sacks in his first year in the NFL, Smith not only set a franchise record for a rookie linebacker but also ranked first among all NFL rookies in sacks. Unfortunately, this success is being followed by a DUI arrest and much negative attention as Smith faces the heat of unwanted media pressure and a knock to his star reputation. Also something to consider is how this might affect prospective endorsement deals and/or his salary for the coming NFL season.

In an attempt to put a handle on the situation, the 49er's released a statement later on the day of Smith's arrest stating, "We take these issues very seriously but will reserve further comment at this time. The 49er's will continue to gather facts and monitor the developments closely." 49er's head coach Jim Harbaugh was aware and informed of the arrest as well. After dealing with his own DUI in 2005, I am sure Coach Harbaugh will be having a talk with his young star.

At the end of the day, people make mistakes and this goes to show that even some of the most idolized and successful of them are capable of a mistake now and then. All we can hope is that Smith takes this as a learning experience to grow from and doesn't make the same mistake again! At this time, Smith's next move is to hire an attorney to represent him against DUI court penalties.

Sources:

Aldon Smith DUI Arrest: 49er's Linebacker Seen Swerving on Miami Street, ninersnation.com, Jan. 30, 2012

Aldon Smith Faces DUI Charge In Miami Beach, stltoday.com, Jan. 28, 2012

Continue reading "49er's Star Aldon Smith arrested for DUI in Miami Beach, Florida." »

Following New Year's weekend, the California Highway Patrol released information concluding an increase in fatal traffic deaths and a decrease in DUI arrests in comparison to last year's statistics. The report was recorded between the time of 6 pm Friday evening to Sunday at 11:59 pm, containing a total of 5 traffic deaths and 58 DUI arrests, differing from 1 death and 60 arrests last year.

Over the course of 2011, the CHP logged 22 traffic deaths statewide which is down from 25 the previous year. In 10 of these instances, the CHP reported those who were killed failed to wear seat belts while driving. In contrast to New Year's stats, the total number of DUI arrests for the year have increased from 961 last year to 1,181 people.

According to data from the North County area, the majority of drunk driving arrests on New Year's eve and New Year's day occurred in Oceanside and Encinitas, where Oceanside police officers arrested a total of 6 drivers, and in Encinitas a total of 5. Other cities with violations include San Marcos with 3 arrests, Carlsbad with 1 arrest, and a total of 2 arrests in both Vista and Escondido.

This is a mixed bag of news, while traffic deaths have increased, DUI arrests have decreased. Remember it is never good to drink and drive, however if you do drink and drive and get stopped by a police officer, please utilize the information on my website under DUI representation.

Sources:

CHP: 5 Deaths, 58 DUI Arrests Over New Year's, 10news.com 1/2/2012

CHP Reports More Traffic Deaths, Fewer DUIs On New Year's Weekend, nctimes.com 1/3/2012