June 30, 2008

CHULA VISTA POLICE ARREST 9 AT DUI CHECKPOINT

June 30, 2008

Police arrested nine suspected drunken drivers at a sobriety checkpoint Saturday night and yesterday morning on H Street west of Broadway.

Police also arrested a driver on a charge of possession of drug paraphernalia and took others into custody on a felony warrant, a misdemeanor warrant and for a parole violation.
During the checkpoint, which operated between 8 p.m. Saturday and 3 a.m. yesterday, police impounded 37 vehicles and cited 30 drivers for Vehicle Code violations.

More than 1,000 vehicles passed through the checkpoint, and 530 of them were screened.

dui.jpg

Continue reading "CHULA VISTA POLICE ARREST 9 AT DUI CHECKPOINT" »

June 21, 2008

RIVERSIDE DUI CHECKPOINT NETS 6 DUI ARRESTS

12:00 p.m. June 21, 2008

MORENO VALLEY – Deputies impounded 97 vehicles and arrested six people for intoxicated driving at a late-night, early-morning checkpoint operation in Moreno Valley Saturday, a sheriff's sergeant said.

From 6 p.m. Friday to midnight, more than 3,250 cars passed through the checkpoint at Alessandro Boulevard and Day Street, sheriff's Sgt. Don Teagarden said.

Deputies issued citations to 99 drivers and made one felony arrest for narcotics violations, Teagarden said. The majority of citations and impounded vehicles stemmed from suspended licenses and unlicensed drivers, Teagarden said.

florida-traffic-school-3v.jpg

Continue reading "RIVERSIDE DUI CHECKPOINT NETS 6 DUI ARRESTS" »

June 12, 2008

SAN DIEGO CITY ATTORNEY MIKE AGUIRRE, AND DEPUTY CITY ATTORNEY DAVID STOTLAND REVERSED - AGAIN - IN POLICE MISCONDUCT CASE

PITCHESS DISCOVERY WIN

The trial court denied this Pitchess (11 C3d 531) motion in a misdemeanor case. The City Attorney argues that the facts are essentially agreed upon, and that the defense justification for
discovery is really just about differences in perceptions.

The Fourth District, Division One, Court of Appeal disagrees, saying the allegations in the defense affidavit that the police beat up the defendant and that the defendant never did a lot of the stuff the police claimed weren't just a difference in perception.

Matt Braner, San Diego PD, was successful appellate counsel. City Attorney Mike Aguirre and his incompetent hatchetman, David Stotland, lost - again. Perhaps they should think about protecting the public from the bad cops?

Uybungco v. Superior Court; 2008 DJ DAR 8444; DJ, 6/11/08; C/A 4th

police%20miscondcut.jpg

June 11, 2008

GETTING JUROR INFORMATION AFTER TRIAL - NOT SO EASY

GETTING JUROR INFORMATION

When the jury was polled after they convicted the defendant, they all said yes except juror #2, who said nothing. The judge asked again, juror #2 paused, then said yes.

The other jurors left the room, and the judge asked #2 if the guilty verdict was her verdict, she said no, but then said that she felt compelled to vote guilty because the other jurors were voting guilty.

The juror said, "I had reasonable doubt." When asked why, she said that this was a felony. The judge said, setting that aside, did the DA prove the case beyond a reasonable doubt; yes.

Incredibly, over an excellent dissent, the Court of Appeal here holds that these facts fail to establish justification for disclosure of juror information, to permit the defense to follow this up. The majority says, hey, the LAST answer was yes, that's good enough. Read the dissent for why this is just plain wrong.
People v. Carrasco; 2008 DJ DAR 8421; DJ, 6/11/08; C/A 2nd, Div. 8

June 8, 2008

SAN DIEGO CRIMINAL DEFENSE ATTORNEY MARY FRANCES PREVOST VOTED A SEMI-FINALIST IN "SAN DIEGO'S TOP ATTORNEYS" COMPETITION

Criminal defense attorney and civil rights litigator Mary Frances Prevost has been nominated as a semi-finalist in the San Diego Daily Transcript's "Top San Diego County Attorneys" competition. Prevost received the honor after more than 7,000 San Diego attorneys voted for the best lawyers in several fields.

Click HERE to see the semi-finalist results.

This is the second nomination of Prevost by her fellow attorneys. In 2005, she was also voted a semi-finalist in San Diego's Top Attorneys.

Prevost, a 1991 graduate of California Western School of Law has been practicing state and federal criminal defense for 16 years. Some of the highlights of her career:

* Her investigation into the dangerous and unlawful policy of using unlicensed personnel to draw blood for law enforcement caused the California Department of Health Services to issue a "Cease and Desist Order" to American Forensic Nurses, the agency used by law enforcement to draw blood in DUI cases in San Diego and Riverside counties. As a result of Prevost's challenge to the unlawful use of unlicensed personnel to draw blood in dui cases, the California legislature changed the law to add protections for DUI suspects in cases where their blood was drawn.

* Recusing the Imperial County bench and getting a retired appellate justice to issue a stay of proceedings during trial. Prevost complained to the appeals court that the policy of the Imperial County courts in conducting part time trials in criminal cases was contrary to law and caused severe prejudice to her out-of-town client. Prevost intends to file an injunction in the next few weeks to shut down the illegal practice of conducting part-time trials.

* Getting a reversal in the California Court of Appeal on the trial's court's refusal to produce evidence of misconduct on San Diego's top DUI cop. Prosecutors and police legal advisors alike knew the officer was falsifying reports, but put up roadblocks to protect him

This is the second honor for San Diego Criminal Defense Lawyer Mary Frances Prevost. In 2005 she received such honors from the San Diego Daily Transcript when her colleagues singled out her achievements and placed her in the semi-finals of the San Diego Daily Transcript's Top attorneys competition.

San Diego Criminal Defense Lawyer and Civil Rights Litigator Mary Frances Prevost handles state and federal criminal defense cases throughout California. She also handles select civil rights cases throughout the state. She has taught at the California and Florida State Bar Conventions, the California Public Defender's Association annual seminar, the Minnesota Criminal Justice Attorneys' Annual Criminal Defense Seminar in Las Vegas, and is scheduled as a key speaker at the San Diego Public Defender's Association annual DUI seminar in Monterey in June.

Continue reading "SAN DIEGO CRIMINAL DEFENSE ATTORNEY MARY FRANCES PREVOST VOTED A SEMI-FINALIST IN "SAN DIEGO'S TOP ATTORNEYS" COMPETITION" »

June 5, 2008

MINNESOTA ATTORNEY GENERAL ENCOURAGES CONCEALMENT OF BREATH TESTS' CRITICAL FLAWS

Minnesota Attorney General Encouraged Concealment of Breath Tests' Critical Flaws Roseville, MN. June 5th, 2008 ---- Criminal Defense Attorney Chuck Ramsay announced today that he will intercede in The Minnesota Department of Public Safety's federal lawsuit against intoxilyzer manufacturer CMI of Kentucky, Inc.

In March 2008, The Minnesota Attorney General's office filed a federal suit against CMI on behalf of the Minnesota Department of Public Safety. The suit alleges that CMI breached the contract for the sale and maintenance of a fleet of evidentiary breath test instruments to be used by the State, for the purpose of investigating and prosecuting the crime of DWI. In that contract, CMI agreed to sell and maintain the fleet of instruments and to release information pertaining to each respective instrument when ordered to do so by the courts. CMI also expressly agreed that any intellectual property material originating and arising out of the contract would become the sole property of the State. CMI breached both of those obligations.

Ramsay claims the state filed suit only in response to judges' complaints of aggressive litigation by criminal defense attorneys demanding access to the software from the courts.

Intox5000en2.gif

Ramsay states that as early as 2006, the Minnesota Bureau of Criminal Apprehension knew its 200 plus intoxilyzers were malfunctioning. Minnesota's Intoxilyzer 5000 displays a driver's alcohol results on its LED readout; yet sporadically records a higher result on the final test record. The state discovered this and other fatal defects after hastily installing the current Intoxilyzer software in 2005. This prompted the BCA to complain to CMI about the discovered oddities. A BCA employee sent the complaint via email to five CMI representatives and four BCA employees.

This email uncovered by Ramsay exposed what Ramsay calls a smoking gun, evidencing the need for independent review of the Intoxilyzer's software. The State continues to use the bug-riddled software to operate its more than 200 Intoxilyzers, administered to nearly 34,000 drivers annually.

According to the BCA employee, the Attorney General's office, fearing an escalation in the so-called source challenge, advised the BCA to wait until the challenge had lost momentum.

Ramsay intends to file a motion to intervene in the federal lawsuit the AG filed against CMI, a Kentucky corporation. "Its clear the AG will not protect the rights of Minnesotan's in that law suit. I'm intervening to ensure justice prevails. Otherwise, the AG will use this case only for appearance."

"These black boxes not only deprive citizens' of their right to drive, but also put innocent people in jail. The Minnesota Attorney General, our state's chief prosecutor, chose to protect the interests of a secretive, foreign company rather than fight for the constitutional rights of Minnesota citizens. Most alarming, is that the AG encouraged the cover-up of a fatally flawed breath machine that the public, police and courts believed, and still believe, to be 100% accurate."

Continue reading "MINNESOTA ATTORNEY GENERAL ENCOURAGES CONCEALMENT OF BREATH TESTS' CRITICAL FLAWS" »