San Diego Criminal Attorneys Blog

The star, Ryan Dunn, of the popular TV show and movies 'Jackass' died Monday night in a drunk driving accident. The show and movies featured American stunt artists performing dangerous, crazy, and ridiculous stunts and pranks. Mr. Dunn, 34, had a blood alcohol level which registered at 0.196, over double the legal limit. The legal limit for drivers over the age of 21 is 0.08 per cent which takes around one to three drinks, depending on your weight. For those under the age of 21 any blood alcohol content level above 0.00 is illegal. Also called the "No Tolerance" in many States.

According to reports, Mr. Dunn was driving his Porsche 911 GT3 130 miles per hour(mph) in a 55 mph zone. Unable to maintain control at that speed, the Porsche jumped a guardrail, flew into a wooded ravine, hit a tree and burst into flames. Zachary Hartwell, 30, the passenger in the vehicle also died in the crash on Monday night. The collision left the vehicle chard, unrecognizable and contorted except for a door which flew off sometime in the duration of the crash.

Mr. Dunn and Mr. Hartwell were both drinking at a West Chester, Pennsylvania, bar called Barnaby's of America, several hours before the crash took place. The general manager of the bar stated that Mr. Dunn, " came in hop, skip, jumping, he left hop, skip, jumping". The manger also stated that he was speaking and walking clearly, showing no signs of abnormal drinking. Employees at the bar also agree that Mr. Dunn wasn't visibly drunk and acted the same upon leaving as he did upon arriving. Video surveillance agreed with both the statements made by employees and the manager of the bar. The bar is cooperating with police to further investigate the case.

Mr. Dunn's has had one prior DUI(driving under the influence) conviction which he received in April 2005. His prior DUI occurred in West Whiteland Township, Pennsylvania, which is very close to Monday's lethal crash site. However, his prior DUI was dismissed with a program that is eligible for first time non-violent offenders.

Please remember DUI deaths don't discriminate against the rich or poor! It's OK to drink and it's OK to drive, but please don't drink and drive! We lost a successful actor who brought many joyous moments to others. Also, I am sure Mr. Hartwell's family and friends will miss him dearly.

Article Can be found here:
No charges against bar in Dunn death, North County Times

Nancy Hildebrand, 56, a middle school teacher at Valley Center, was arrested on suspicion of providing alcohol to minors at a high school graduation party. The party was for her daughter in celebration of her upcoming high school graduation. San Diego County Sheriff Deputies responded to her residence due to someone reporting an out of control party. The reports included fighting, loud noises and alcohol consumption at Mrs. Hildebrand's house in the 14600 block of Puma Trail.

Upon arrival police found 75 teenagers between the ages of 17 and 18 in and around the home. Sgt. Bob Bishop of Valley Center Sheriff's Substation stated that many of the teens appeared to be drunk upon arrival at the scene. None of the guests at the party were over 21, and Mrs. Hildebrand was the only adult present at the scene.

Mrs. Hildebrand stated that she didn't know that the teens were consuming alcohol and fighting at the party. However, one teen stated that he had seen her walking around at the party drinking with the underage teens. I addition, the teen also stated that she was wearing a name tag that said Mrs. Hildebrand and "I'm (her daughter's) mom." Deputies arrested Mrs. Hildebrand on suspicion of providing alcohol to minors, thereby violating the county's social host ordinance. This ordinance forbids adults to host parties where minors are consuming alcohol or where alcohol is provided to minors. She was booked into the Vista Detention Center where she would later be released on bail.

Under this ordinance adults who reasonably know of the alcohol consumption of minors can be prosecuted for a misdemeanor violation. Technically, if Mrs. Hildebrand is convicted on violating this ordinance she could face up to six months in jail and be fined $1,000 dollars but we all know that won't happen. If she pleads guilty then she will most likely be on informal probation, pay a fine and complete informational classes on teen alcohol drinking.

In addition to Mrs. Hildebrand, two other persons were arrested at the party, both were 17 years old and were arrested for being drunk and for assault and battery of a peace officer. One of the teens attempted to punch the peace officer, while the other bit the officer on the shoulder. Both minors were released to their parents.

Also, at the party two teenage girls were found passed out and covered in their own vomit; one was found on a couch while the other in a back bedroom of the house. Luckily none of the guests at the party were injured, despite many of the teens consuming large quantities of alcohol. Sgt. Bishop stated that this was, "an explosion waiting to happen, You've seen our roads, there all curves and trees."

Mrs. Hildebrand was placed on leave from her teaching after the incidents of the party reached school Principal, John Peterson, and Superintendent Lou Obermeyer. School officials are waiting to learn more details about the incident before any further action is taken against Mrs. Hildebrand.

Article can be found here:
VALLEY CENTER: Teacher placed on leave after arrest, school official says, North County Times

Apple Inc. has decided that it will reject any new iPhone applications that have the intention of helping "drunk drivers" to avoid DUI checkpoints. This decision was made after receiving pressure from four U.S. senators. Senators Harry Reid, Charles Schumer, Frank Lautenberg and Tom Udall began urging Apple, Google and Blackberry to remove such applications from their respective stores and prevent any new applications from being created and published. Arguing that these applications were helping drunk drivers avoid DUI checkpoints making the road a more dangerous place.

Blackberry developers, a Canadian based firm, agreed to comply in March, when senators first started their campaign. Apple and Google both initially refused. But after several months Apple has decided to update their App store policy to include that no iPhone application can provide the location of any DUI checkpoint to the user.

Apple has refused however, to remove any existing applications that warn drivers of DUI checkpoints. Arguing that they need to give their users a chance to remake or update their application due to the new rules in place. Many applications inform drivers of not just DUI checkpoints but of speed traps, red light cameras, school zones, speed bumps, railroad tracks and other road signals. Removing the information regard the DUI checkpoints will allow these app developers to keep their application on the App store. Failure to comply results in the removal of your app from the App store.

Wow! Government at it again over controlling our lives! What about all the people who are not driving under the influence but want to avoid a DUI checkpoint for numerous reasons including to save time or to not have some police officer invade their liberty? I am surprised that Apple gave in to such government control. It reminds me of the political quote that "the 5th Amendment only protects the guilty." How soon we forget! It wasn't that long ago when government officials could and would kick your door in and interrogate....I need not say more!

Resources used in the Article:
No new 'drunk driving' apps for Apple, Yahoo News

Former Oceanside Detective Brian Bruce who was accused of misconduct while on duty by Detective Aaron Miller, his partner, will not be prosecuted by the San Diego District Attorneys Office. Mr. Bruce was a former Detective for the Oceanside Police working on cases related to drugs, prostitution and gang activity.

Mr. Bruce alleged misconduct was brought about due to a current lawsuit between Mr. Miller and the Oceanside Police. Mr. Miller is fighting that he was wrongfully demoted after telling Oceanside Police of Mr. Bruce's misconduct.

Former Detective Brian Bruce was accused of stealing cash and an iPod from suspects he had arrested. Along with these accusations Mr. Bruce is also accused of stealing Mr. Millers T-shirt from his vehicle. Prosecution of Mr. Bruce is being declined because a district attorney feels that there is not enough evidence to prove he is guilty beyond a reasonable doubt.

For more information of the crimes visit here.

Article can be found:
North County Times

Deputy Marilyn Doris Mendez of the San Diego County Sheriff's Department was arrested on suspicion of driving under the influence (DUI) of alcohol. Several sources confirm that she was arrested at 2:10 am Saturday in the Gas Lamp District. She was initially pulled over for making an illegal turn, but after further investigation, was arrested on suspicion of driving while under the influence of alcohol.

Deputy Mendez was off duty during the time of her arrest.

Sources told news stations that Mrs. Mendez was cited for a DUI but was never booked into jail. Deputy Mendez' arrest had enough cause to warrant the San Diego County Sheriff's Department to conduct an internal investigation.

Special treatment? I represent numerous DUI clients every week and they all seem to be booked into jail after being arrested. It appears that Deputy Mendez received some special treatment.

This article can be found:
Deputy Arrested On Suspicion Of DUI, 10 News

Jeremy Stutzman pleaded not guilty on Thursday, June 2nd, to the charges of sexual assault of two women. Both women, one 19 the other 20, say that Mr. Stutzman blindfolded, gagged and sexually assaulted them at knife point. Mr. Stutzman faces up to 307 years to life in prison if he is convicted of all the crimes he is charged with.

Mr. Stutzman is a registered sex offender pursuant to Penal Code section 290 as a result of a prior conviction to a sex related crime he committed in 2000 against a 24 year old women. The crime he is accused with allegedly mimics the crime he was found guilty of almost eleven years ago. Judge Marshall Hockett set bail at $4 million dollars, due to the severity of the crimes and because Mr. Stutzman is still on parole.

For a more detailed description of his crime please visit my blog here.

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For the full article visit:
North County Times

Escondido Law Enforcement Agencies have announced today that they will be holding a DUI and driver license checkpoint. The checkpoint is to take place from 6 p.m. Saturday to midnight.

Officers will be looking for drivers would are driving under the influence of alcohol, and those who do not have a valid drivers license. You can also expect Officers to ask standard questions about having valid licenses, valid registration, and valid insurance.

The location of the checkpoint hasn't been released so drive safely, and always have a designated driver. Other tips can be found on my website here.

Article can be found here:
North County Times

Registered sex offender Jeremy Stutzman was arrested in Oceanside Tuesday, May 31st, for allegedly raping and kidnapping his neighbors. Mr. Stutzman, 33, was arrested at a Motel 6 on N. Coast Highway by San Diego County Sheriff's Department. Officers were also able to recover the alleged victims car, a 2005 Toyota Corolla, found with Mr. Stutzman at the Motel 6.

Officers were first alerted of the scene Monday night when a 20 year old woman reported that she had been raped. Around the same time investigators learned that the woman's friend, a 19 year old, was also taken against her will and raped. Mr.Stutzman released the kidnapped victim Tuesday morning about 10 hours after police had learned of his alleged crimes.

The alleged crimes occurred at the Mill Creek Apartments on the south block of Santa Fe Road, Escondido. Mr. Stutzman was on parole after serving almost all of a 10 year sentence. He was sentenced for several crimes including assault with a deadly weapon and false imprisonment. He was released on parole in August of 2009 and since then has returned to prison three times for parole violations. He has also received two misdemeanors for drunken driving in late 2000.

Mr. Stutzman has posted various statements on Facebook, and his YouTube page regarding his actions and the trouble he has been involved in.

This article can be found:
North County Times