Marin DUI Lawyer Blog

For the third time in the last month Marin County based DUI attorney John Stanko beat a DUI administrative license suspension today. The Oakland driver safety hearing officer had not choice but to set aside the driver's suspension when it was shown that the facts of her arrest were almost identical to those in the recent California Court of Appeals case, Brenner v. DMV, (2010) 189 Cal.App.4th 365. Breath test accuracy check logs indicate high readings on the breath machine and the DMV was unable to prove by a preponderance of the evidence that the driver's blood alcohol level was greater than .08%.

In a hearing held at the Santa Rosa DMV an administrative license suspension on a 1st offense DUI was set aside when it was shown that the arresting officer did not properly observe the driver prior to administering the breath test. Video introduced by the driver clearly showed that the officer was not with the driver during the required 15 minute observation period. The California Code of Regulations requires that a subject be observed for 15 continuous minutes prior to submitting to a breath test to ensure that the subject does not eat, drink, burp, smoke, regurgitate or do anything else that might compromise the breath sample. In this case, the officer was unable to see, hear or otherwise observe the driver as he had left her in his vehicle and stepped away to conduct other business during the observation period. The DMV had no option but to set aside the suspension due to the violation of Title 17 of the California Code of Regulations.

The third set aside of a DMV APS suspension came out of the San Francisco DMV driver safety office. In that matter the DMV called a witness in an attempt to prove that the licensee had actually been driving the vehicle. Due to the witnesses inability to identify the subject as the driver the DMV hearing officer agreed that a set aside of the suspension was appropriate.

Continue reading "San Francisco Bay Area DMV DUI License Suspensions Set Aside" »

41 year old John R. Forbes of Cloverdale was arrested Monday on suspicion of DUI and hit and run. The CHP reported that Mr. Forbes rear ended another car at about 4:30 p.m. near Spencer Avenue on northbound Highway 101 near Sausalito. He was arrested around 5:00 p.m. while driving near Rohnert Park in Sonoma County.

Officers said that Mr. Forbes drove off before medics arrived to treat the other driver and take her to the hospital. The rear end collision caused the diver of the other vehicle to crash into the center divider.

The District Attorney will be making a charging determination after the CHP officers booked Mr. Forbes for felony drunk driving and hit and run. He was set to be arraigned Tuesday in the Marin County Superior Court. If he is convicted of a felony driving under the influence charge he could be sentenced to state prison for up to 3 years on a first offense and he faces the possibility of having his driver license revoked for at least 1 year and for two or more years if he has any prior convictions or DMV administrative suspensions for driving under the influence.

Continue reading "Accident on 101 in Marin County leads to DUI and Hit and Run arrest" »

At around 10:30 p.m. on Saturday, August 21, 2010, a 25 year old Vallejo woman had herself arrested for drunk driving. Nancy Murcia told Vallejo police officers that she felt compelled to call 911 to report that she had been drinking and driving. Officers pulled her over near Florida and Sacramento Streets in Vallejo and found that she was in fact driving under the influence.

Ms. Murcia could be facing possible county jail time ranging from six months to one year depending on whether this is her first or multiple arrest for DUI. Driver's in California arrested for drunk driving also face the potential loss of their driving privilege from the DMV for between four months to four years. The length of driver's license suspension or revocation varies based on factors including prior convictions and whether the driver refused to submit to a chemical test to determine their blood alcohol concentration.

Multiple offenders can now obtain a restricted driving privilege after ninety days of suspension on a second offense and six months of suspension on a third offense provided they install an ignition interlock device (IID) on their car and provide proof of DUI program attendance and and SR22.

Continue reading "Vallejo DUI driver has herself arrested." »

24 year old Jakclin Deleon crashed the car he was driving into a vacant home in Vallejo on Tuesday, June 29, 2010 after being unable to navigate a curve in the road. Mr. Deleon was treated for a complaint of neck pain and subsequently arrested for driving without a license and driving under the influence.

DUI arrests in Vallejo are prosecuted in the Solano County Courthouse at 321 Tuolumne Street. Depending on whether Mr. Deleon has any prior drunk driving convictions in the last ten years, he could be facing a sentence including possible county jail time from zero to 365 days.

Moreover, an arrest for DUI starts a DMV administrative suspension of a person's driving privilege. Pursuant to the California Vehicle Code a first arrest for DUI results in a four month license suspension, assuming the grounds for the suspension are found to be justified by the DMV. After the first month of suspension a driver can apply for a restricted driver's license for driving to, from and during employment and to and from a DUI program. booked into Solano County Jail.

Continue reading "Car crashes into house in Vallejo, Driver arrested for DUI" »

The California Highway Patrol's effort to stem drunk driving over the holiday weekend lead to slightly more arrests than in 2008. The CHP DUI crackdown began at 6:00 p.m. on Wednesday, November 25, 2009 and had resulted in 87 arrests for driving under the influence by 6:00 a.m. on Friday, November 27, 2009.

The 87 arrests were moderately more than the 83 for the same time period in 2008. Statewide the CHP made 542 DUI arrests compared to 513 in 2008.

A driver arrested during the holiday crackdown must act quickly to protect their rights. You have only ten days from the date of your arrest to request a DMV administrative hearing or your license will automatically be suspended. Further, an arrest in Marin, San Francisco, or elsewhere in the Bay Area will initiate a criminal prosecution by the local district attorney's office. If convicted for DUI you face possible jail time, fines and additional driver's license consequences.

Continue reading "Thanksgiving Holiday DUI arrests up in San Francisco Bay Area" »

Chris R., a driver for the San Francisco Municipal Railway, was arrested for DUI in April 2009 after being stopped for speeding while coming off of the San Francisco Bay Bridge in Oakland.

Chris was charged by the Alameda County District Attorney with driving under the influence, Vehicle Code section 23152(a) and driving with a .08% or greater blood alcohol concentration (.16 blood test). As a Muni driver Chris has a commercial driver's license privilege and he was also facing a dmv administrative suspension of 4 months for his personal driving and of 1 year on his commercial license. If convicted of DUI or of driving with a .08% bac he would also lose his commercial privilege for 1 year.

After several court appearances, including a motion to suppress evidence, and more than five months of negotiations Chris' case was set for trial. Prior to setting the trial, Attorney John Stanko attempted to convince the DA to resolve the case for a reduced charge and to agree to an acquittal so that Chris could keep his commercial license. Unfortunately, the DA told Mr. Stanko that Chris would "never" get that deal. So, Chris' withdrew his time waiver and demanded that a speedy trial be set.

When the case came on the court's trial calendar Attorney Stanko got Chris the deal he wanted. The DA was convinced to dismiss the driving under the influence charge, Chris plead no contest to a wet reckless, and the judge found him not guilty of driving with a .08% or greater bac. As a result, the DMV cannot take any action against Chris' commercial driving privilege and his administrative suspension was set aside.

Continue reading "Oakland DUI - Commercial Driving Privilege Saved" »

The City of South San Francisco Police Department has received state monies to increase the use of DUI checkpoints, patrols and courthouse stings in 2010. They have received almost $140k from the California Office of Traffic Safety and will apparently use some of that money to stake out repeat DUI offenders.

According to the Office of Traffic Safety the people of South San Francisco will also receive an education on the dangers of drunk driving. Office of Traffic Safety Director Christopher Murphy says the grant money will keep the annual trend of declining alcohol impairment related crashes going.

If you get a DUI in California there is a good chance you are going to have your driver's license suspended. On a first offense you have only ten days to request a DMV administrative hearing and if you fail to do so, or lose the hearing, your license will be suspended for four months, longer if you are under 21 years old or refused a chemical test. You will also lose your license for six months if you are convicted of driving under the influence.

Continue reading "South San Francisco Police out to fight drunk driving in 2010" »

The CHP's efforts to stem drunk driving over the Thanksgiving Holiday resulted in more arrests than over the same period in 2008. The CHP began a DUI crack down in the San Francisco Bay Area at 6:00 p.m. on Wednesday, November 25, 2009 and by 6:00 a.m. on Friday, November 27, 2009, they had made 87 arrests for driving under the influence.

The 87 San Francisco Bay Area DUI arrests were moderately greater than the 83 drunk driving arrests over the same period in 2008. Throughout California the CHP made 542 arrests for driving under the influence compared to 513 last year.

Anyone arrested during the holiday DUI sweep will face possible driver's license suspensions and criminal prosecution. It is important that a suspected DUI driver contact the DMV within ten days of their arrest to request an administrative hearing or their license will automatically be suspended. Further, the police report concerning their arrest will be forwarded to the local district attorney's office for review and prosecution. If arrested in Marin or Solano County a person will likely be arraigned within 30 days. Arraignments in San Francisco are often held much sooner.

Continue reading "More Bay Area DUI arrests over Thanksgiving holiday" »

A twenty-one year old Novato resident was arrested Monday night on suspicion of DUI after crashing into a parked car in San Anselmo. Police officers found the driver's car partially blocking the roadway after apparently striking a car on Butterfield Road.

The Ross Valley Fire Department treated the driver for air bag injuries and she was taken to Marin General Hospital for further treatment. She was released from the hospital Monday Night.

The driver arrest for driving under the influence in Marin County could lead to several costly consequences. Typically the District Attorney's Office will charge a DUI arrestee with both driving under the influence and driving with a prohibited blood alcohol level, above .08%. California Vehicle Code sections 23152(a)(b). In Marin County a conviction for either charge will normally result in the imposition of three years probation, substantial fines and required attendance at a DUI program. Further, anyone arrested for DUI in California has only ten days from the date of their arrest to contact the California DMV in order to contest the administrative suspension of their driving privilege.

Continue reading "San Anselmo crash leads to Marin County DUI arrest" »