San Diego Criminal Attorneys Blog

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

Sunday, August 28th, was a successful DUI day for San Diego Police Agencies. Officers from San Diego, Coronado, Oceanside, and Chula Vista police departments assisted by the Sheriffs Department patrolled several areas surrounding the Del Mar race grounds. The main goal for patrolling Del Mar, Solana Beach and Encinitas was to find and remove drunk (DUI) drivers from the road. The operations was a success with the arrest of 11 people for suspicion of driving while under the influence of alcohol or drugs. The people arrested will now face both a court and DMV (department of motor vehicles) to further fight or accept charges they have been accused of.

Not only did the day result in DUI arrests of many people, but 43 other traffic citations were issued to drivers. These citations can be anything from, running a red light, rolling a stop sign, speeding, or preforming any other illegal driving maneuvers. In total the combined power of all police departments and agencies were able to stop 298 people, and conducted an amazing amount of field sobriety tests. Surprisingly out of the 67 field sobriety tests only 11 drivers were booked for driving while under the influence.

Article can be found:
DEL MAR: Authorities arrest 11 drivers in DUI enforcement operation, North County Times

Julianna Elyse Thomson, 23, a Carlsbad resident was accused of killing Arthur Jacobs, 64, in a hit and run accident on July 27th. Ms. Thomson, whose case is taking place in Vista Superior Court, plead not guilty to charges of vehicle manslaughter, hit and run, and DUI/drunk driving on Tuesday, August 2nd. If found guilty of all these charges Ms. Thomson could face up to 15 years in a state prison.

In court on Tuesday, Ms. Thomson was placed back into jail due to the arraignment judge, Marshall Y. Hockett, increasing her bail. Her bail was originally set at $100,000 and was raised to $200,000 due to pleas made by the prosecution and the relatives of Mr. Jacobs. If Ms. Thomson's family and supporters can come up with the additional the bail, she will be re-released from jail. The prosecution's reasons for the bail increase were stated simply as wanting to keep the roads safe from someone who was driving while extremely intoxicated, along with Ms. Thomson fleeing the scene. The decision was finalized by Superior Court Judge Hockett after hearing Mr. Jacobs daughters statement.

The fatality accident happened on July 27th, around 9:45 p.m. on El Camino Real, when Mr. Jacobs was struck by a Ford F-150 driven by Ms. Thomson. Mr. Jacobs was riding his bicycle to work at one of the local hotels when the Ford F-150 veered into the bicycle lane striking Mr. Jacobs, sending him flying through the air into bushes and then a concrete wall. Ms. Thomson did not stop but instead sped away, taking a wide u-turn at the next cross street. However, because of her high speed she was unable to maintain full control of the vehicle, hitting a pole, utility box and some bushes. Despite damaging her own truck, she continued driving to a nearby apartment complex, successfully fleeing the scene. Police found her at this apartment complex where several witnesses stated she was acting very hysterical. Ms. Thomson appeared to be very distraught and shocked, as well as slapping herself when police arrived at the scene.

Ms. Thomson was taken into custody and underwent a blood alcohol level test which resulting in a .25 Blood alcohol concentration (BAC) measuring in at more than three times the legal driving limit of .08% for persons over 21. This high level of intoxication was very surprising to Police as her BAC was measured two hours after the hit and run accident thus allowing her blood alcohol level to burn off and drop to a lower level. At the time of the accident, it is foreseeable that Ms. Thomson could have had a BAC of over .25%.

Ms. Thomson is not the only young women who has been accused this week for being involved a deadly traffic accident. Twenty one year old Jessica Marie Bloom also plead not guilty this week to a midday crash that left Marine Gunnery Sgt. Dave Smith, 34, on life-support. The crash happened in Rancho Bernardo on Sunday, July 31st, around midday. More information regarding this incident can be found here. Ms. Bloom's BAC was also high!

To those reading this post! Remember, if you drink alcohol then please don't drive. I'm sure both Ms. Thomson and Ms. Bloom are genuinely good people with families and loved ones who really care about them. Each made a poor decision that will affect many people's lives. Truly sad, but avoidable.

Sources:
CARLSBAD: Woman pleads not guilty to fatal crash, North County Times

Del Mar opening day nets numerous DUI arrests including hall of fame jockey Mike Smith! Wednesday, July 20, 2011, was opening day at San Diego's Del Mar racetrack, however, it wasn't just the horses and jockeys who took the spotlight. San Diego police cooperating with several north county police departments, including Oceanside PD, patrolled the racetrack area from 3 p.m. to midnight. Police patrols stopped a total of 349 vehicles, a large number given the small area they were working in.

Police arrested a total of 15 people on suspicion of driving while under the influence of alcohol. In addition to these 15 arrests, 2 more individuals were arrested on suspicion of drug possession and 4 other for driving with a suspended license. In addition to these 21 arrests, 35 traffic citations were issued during the course of the patrols. Traffic citations include parking tickets, illegal u-turns, speeding, running a stop sign or red light, and many more. These citations are payed with a fine or traffic school in some situations. Police totaled 56 arrests and citations during the course of the nine hour period.

One of the 15 arrested on suspicion of DUI (driving while under the influence) was Mike Smith a Hall Of Fame Jockey. Mr. Smith blood alcohol level content (BAC) was not released by police and is still questionable. We know that Mr. Smith drank three glasses of wine before getting in his car and driving home. He was arrested on the 13900 block of Via Abertura in Carmel Valley around midnight, about 5.5 miles away from the racegrounds. Mr. Smith stated that he blew a little over however he was not speeding or driving recklessly, he was just going home after a good day at work. Police stated that they pulled him over because he was slightly weaving between lanes at a very slow speed.

Sources:
349 Motorists Stopped Near Del Mar Racetrack; Mike Smith's Arrest Not Part Of DUI Crackdown In Area, 10 News

DEL MAR: 15 motorists nabbed in racetrack DUI crackdown, North County Times

DEL MAR: Hall of Fame jockey arrested on DUI charges, North County Times

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

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

Armando Arriaga, a 46 year old California Highway Patrol officer, plead guilty on Tuesday to driving while under the influence as well as reckless driving. Mr. Arriaga was arrested on July 7th after witnesses reported that a BMW was slowly and repeatedly tapping the rear bumper of a PT Cruiser in an alley in downtown Oceanside. When Oceanside Police officers arrived they found Mr. Arriaga and his wife Melanie Arriaga both out of their vehicles. After police questioning, they learned that both Mr. and Mrs. Arriaga had an argument after spending the whole afternoon drinking wine at their home. Mrs. Arriaga decided to go sleep in her car to get out of the house, but when Mr. Arriaga constantly bugged her to come back inside she left for her cousin's house a short distance away. Mr. Arriaga pursued her in his BMW in attempt to change her mind to come back home.

Melanie Arriaga informed the officers that her husband didn't mean her any harm and had never hurt her in any way. However, the Oceanside officers arrested and booked him into jail with charges of assault with a deadly weapon as well as driving while intoxicated (DUI). Mr. Arriaga's blood alcohol concentration level measured 0.17 percent which is double the legal limit of a 0.08 percent. Mrs. Arriaga was also arrested and booked into jail on DUI charges, but her blood alcohol level measured at 0.04 percent. Oceanside police officers investigated this case thoroughly to make sure there was no signs of domestic violence, especially not to show bias towards a fellow Police Officer.

Mr. Arriaga was sentenced to five years of informal probation, a $2000 dollar fine, ten (10) days public works service, alcohol program/classes for first time DUI offenders, and 100 hours of community service. The punishment is slightly harsher than a regular first time DUI conviction in San Diego County. However, the judge felt that because of Mr. Arriaga's job as a Police Officer that better behavior was expected from him. Law enforcement officers who allegedly violate the law are also innocent until proven guilty beyond a reasonable doubt! But once they plead guilty or are found guilty by a jury, their punishment should be harsher as they have sworn an oath to protect and serve!

To find the full article visit here: OCEANSIDE: CHP officer pleads guilty to drunken driving

In Carlsbad a fourteen year old was taken to a hospital after he fell and injured his head. How did he fall? Well he was shot with a Taser gun by a California Highway Patrol officers during a dui investigation. In the early morning around 1:20a.m. CHP officers stopped a 2000 Toyota Corolla on Carlsbad Blvd. near Tamarack Ave. for suspected dui when the driver and passenger took off running.

The CHP officers shot the driver with a Taser gun near the stairs at Tamarack Beach and he fell and hit his head. The teen was later transported to Tri-city Medical Center for his injures. During the investigation, the officers learned that the car had been stolen earlier from Vista and also located alcohol and drugs in the car. Officers also learned that the teenager was an at risk runaway. When the teen is released from the hospital he will be arrested and most likely be charged as a juvenile for auto theft, dui, and evading arrest when he ran after the traffic stop. This teenager will need an experienced juvenile and dui criminal lawyer to help him and his family through these tough days ahead. The passenger was not apprehended.

What's also interesting about this case is the CHP's comment about the use of a Taser gun in these situations. "The Tasers, the stick, the pepper spray -it's meant to incapacitate someone so they don't hurt themselves, hurt us or get away. It may seem extreme, but it's what we deal with every day." However, at the time the CHP officer tased the teen, he had only been stopped for a vehicle infraction and the officer didn't know at that time the car had been stolen. So is it CHP's policy to tase every driver if they flee from a traffic stop? More to come on this one.

CARLSBAD: Teen hit by Taser after CHP pursuit, North County Times, July 11, 2009

On the bright side, in San Diego, the California Highway Patrol has reported no fatality accidents over the first 12 hours of the July 4th weekend. On the not so bright side, the CHP reports 36 driving under the influence "dui" arrests over the same time period!

However, throughout the State dui arrests were up from last year. This year the dui arrests were 454 compared to 342 last year. Traffic accident deaths statewide was 5 which is one more than last year.

Locally, in Escondido, police arrested three people on suspicion of dui and also impounded 46 cars at a dui and drivers license checkpoint on Friday night from 6:00p.m to Saturday morning at 1:00a.m.. Over 3,000 cars drove through the checkpoint and nearly 1600 drivers and cars were screened. Police impounded sixty-six cars, forty two of which the drivers were unlicensed.

No Fatalities So Far on San Diego County Roads, July 4, 2009, KFMB Talk Radio

3 DUI arrests, 46 impounds at checkpoint, North County Times, July 5, 2009

Continue reading "San Diego CHP Reports No Fataliteis But 36 DUI Arrests" »

In San Diego, Matt Bush, former San Diego Padres number one draft pick who was traded to Toronto, was arrested in Mission Valley and booked into the Central Detention Facility on driving under the influence (dui), driving on a suspended license, vandalism and resisting arrest charges.

San Diego Police were investigating a road rage incident and when they contacted Mr. Bush he was acting erratically. Unfortunately,the dui arrest comes just weeks after Bush pleaded guilty to a drunken assault at Granite Hills High School that occurred in February.

Mr. Bush is going to need an experienced criminal defense attorney knowledgeable in DUI representation to help him out of this pending case and the violation of probation assault case.

Former Padres Player Matt Bush Arrested Again, 10 News.com, June 30, 2009