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

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

In Escondido, North County San Diego, around 9:00 p.m. an 18 year old women driving a Mitsubishi Mirage carrying a 16 year old passenger collided with a pickup truck. The traffic collision occurred at the intersection of South Escondido Boulevard and South Centre City Parkway. The 18 year old female was pronounced dead on sight of the accident while her 16 year old passenger suffered serious injuries. The 37 year old man who was driving the pickup truck suffered minor injuries. The 18 year old driver had pulled out to make a left turn onto South Centre City Parkway when the pickup truck collided with the side of the Mitsubishi Mirage; causing both cars to roll and finally ending after colliding with the center divide. Police don't believe the driver was under the influence of drugs or alcohol, dui, when the traffic accident occurred.

Parents please inform your kids to drive safely!! As parents we often warn our kids of the dangers of drinking alcohol and driving but we must also harp on them about the dangers and consequences of just distracted (cell phone use) driving. A car or truck driven poorly is no difference than handing a loaded firearm to an inexperienced gun handler....No matter how good your kids think they can drive share with them all the teenage deaths that have resulted from traffic accidents in the last two years in San Diego County. The number will shock you! The slightest distraction from the road is all it takes to cause serious injury or even worse death.

The full article can be found here:
North County Times, ESCONDIDO: Teenager killed in traffic collision 7/24/2010

On Thursday, April 15th, a large crowd of supporters gathered in front of the Escondido City Hall building in support of the Driver License checkpoints that the Escondido police department has continuously conducted for the past six years.

More than a 150 people showed, lead by Patricia Bennett, in support of the traffic checkpoints. In contrast this support for the checkpoints and for Police Chief Jim Maher, who has been pressured to remove the traffic checkpoints or resign, the protest against the traffic checkpoints was three times smaller. What does this say about the cities feelings towards the checkpoints and the Police Chief as cars passing by drew honks and cheers? However, what's poplar doesn't always equate with justice!

These traffic checkpoints are a very controversial issue in Escondido and possible other neighboring cities who might start to adopt same or similar policy changes. Simply, are the traffic checkpoints conducted by the Escondido police department constitutional? I think not especially when every car is stopped and the driver interrogated by law enforcement about their drivers license. Supporter's claim the checkpoint have lowered the hit and run cases by a third. But the one question remains, are these checkpoints specifically targeting low income area's where Latinos are being targeted? If so, then theses checkpoints need to be reformed immediately or changed in the way they are conducted to meet all constitutional requirements.

To find this article and read the whole article visit this link:
ESCONDIDO: Rally supporting police, checkpoints draws more than 150, North County Times April 15th

Escondido Councilwomen, Olga Diaz, has been opposed to the city's traffic enforcement checkpoints and has asked state Attorney General Jerry Brown to confirm that these checkpoints are conducted in a constitutional manner by the police department.

The primary purpose of the Escondido traffic checkpoints are to check the validity of the drivers license of the drivers. The procedure goes as follows, first the police block off a road and check all passing vehicles, they check for two main things, other than driving without a license. First they see whether or not the picture matches the person who is driving the vehicle, secondly, they check to see if the license has expired. They do not check any other documents to prevent traffic backups. Are these traffic checkpoints constitutional? Remember our Constitutional Rights to be free from governmental intrusion!

Supporters of the traffic checkpoints argue that the state law prevents checking the drivers license while officers are on patrol, but states nothing about checkpoints dedicated to the checking of the drivers license. The US Supreme Court has never ruled that driver license checkpoints are unconstitutional. They have ruled as long as the checkpoints are conducted in a constitutional manner by law enforcement then they have a right to continue the checkpoints. Patricia Bennett, founder of the Citizens of Escondido Road Safety is a strong supporter of the police checkpoints. She sates, "We all have to abide by the law, "I want to get everyone who is unlicensed and uninsured off the road." Its true that these checkpoints are bringing unlicensed and uninsured drivers off the streets but are they being done in a fair way? Absolutely not! The ends do not justify the means in constitutional analysis!

People opposed to traffic checkpoints argue that they are unconstitutional and are unfairly placed in Latino communities. No surprise, a big opponent to the checkpoints is the Latino community within Escondido who say that these checkpoints are targeting their all the person's in their communities. How many traffic checkpoints are set up in the white or upper class areas of Del Mar or Carlsbad? Latino civil rights groups are also upset because the goal of these checkpoints is to catch those driving without a license, and many of these people are illegal immigrants.

The main question we are faced with is that these checkpoints under law are legal, but are they being conducted in a fair way, or are they fair to even begin with? Please remember, we ALL have the right to be free from unlawful search and seizure from police! These traffic checkpoints as conducted violate our rights to be free from governmental intrusion and should be stopped! Thank you councilwoman Diaz for your courage to take a stand protecting everyone's rights! But please don't hold your breath for the result you want from the States Attorney General, another government law enforcement official!

To read more of the Article and the whole Article visit this link:
ESCONDIDO: Diaz wants attorney general's opinion on checkpoints, North County Times April 3, 2010