July 28, 2013

SAN DIEGO SEXUAL POLITICS: IF FILNER GOES, SEND JAN GOLDSMITH AND THE CITY COUNCIL WITH HIM

It's utterly fascinating - and somewhat frightening - that most members of the City Council are calling for Bob Filner's resignation because of sexual harassment allegations. There's fire and brimstone coming from every corner. Every politician is jumping over the next trying to get a front row seat on the "Get Rid of Filner" train. You'd think they were REALLY upset by sexual harassment. But they're not. Each one of them is just as guilty of sexual harassment as Filner.

If Filner goes, so should the highly misogynistic Jan Goldsmith, AND the city council members who recently voted to hand Goldsmith $500,000 to hire two big law firms to defend lawsuits by victims of sexual predator, Anthony Arevalos. Let's be consistent folks. (Click HERE for an article on the first $250,000 authorization by the City Council.)

That's right. These very City Council members authorized $500,000 in retainers on two high profile law firms to DEFEND the city and the sexual predator cop against lawsuits brought by the sick cop's last 2 victims. Now the city attorneys and their high powered firms can further harass, bury, paper and destroy two women's lives who were already sexually assaulted by a cop the City knew was out there doing it. The cop is in state prison, his supervisors knew what was happening for years, the Chief gave the cop's supervisors promotions, and City Attorneys are taking depositions of victims, prying into their sex lives, trying to find old boyfriends, trying to scare them. Thanks San Diego City Council for protecting innocent women. All of you Filner haters who voted to continue the emotional harassment of two innocent victims of rogue cop Anthony Arevalos by handing misogynist Jan Goldsmith a blank check are simply two-faced.

So, if the defenders of women's virtue - the San Diego City Council - want Filner to go, I say "You go with them." And so should Jan Goldsmith, because he's complicit with ‎San Diego‬ City Council members who are allowing the continued sexual assault of two innocent victims.

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July 7, 2013

CALIFORNIA JUDICIAL MISCONDUCT: WHY JUDGE HOWARD SHORE SHOULD BE REMOVED FROM THE BENCH

The tides are changing in San Diego. Our citizens' eyes are now wide to the abuses perpetrated by prior administrations that were recently uncovered when the voter's decided to oust the "business as usual" candidates for Mayor and elect Bob Filner. Our protesters worked so hard - and succeeded - in closing down San Onofre nuclear power plant. San Diego and national Occupiers brought to light the abuses of our system, and highlighted the pervasive police brutality that went unchecked during the Civic Center protests.

The previously apathetic and sleepy little hermitage of San Diego, run by a gastapo-like group of powerful and unethical unchecked bullies for far too long, is imploding. Now, the judicial activist judges who for so long supported the bullies in the destruction of our justice system are being targeted, too. The Emperor, as it has been said, has no clothes.

And so, my first installment of "Bullies on the Bench" is dedicated to none other than Judge Howard Shore, a man who gleefully and unlawfully has repeatedly suspended the rights of criminal defendants and figuratively burned the Constitution along the way.

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July 3, 2013

CALIFORNIA DUI DEFENSE: HOW TO AVOID A DUI THIS 4TH OF JULY

I write and re-write this article every season and every year. But time and time again I see friends and people I know who have read it coming to me because they got arrested in San Diego, Orange County, Imperial County, Riverside, San Bernardino or Los Angeles for a DUI.

Okay, think about it... How smart is it to drive a two-ton killing machine through the streets with, say, a .16 blood alcohol level? Not very. In fact, it is inherently dangerous for you and everyone in your vicinity. How about.... How smart is it to take a cab instead of driving? How about, since it's the 4th of July and we all know we are going to imbibe, just plan to take a cab from the start? Yes, now we are getting smarter.

Yes, think about it. A GOOD DUI attorney will charge you about $5,000 or upwards pre-trial to work up your DUI case. Yes, people, there are defenses to high blood alcohol DUI's. I just got an offer of a wet reckless misdemeanor on a felony DUI with injury case that was originally charged as a felony. I also just got an offer of a straight misdemeanor to another DUI with injury case. Both clients were in the Navy, and could not have the felony without it ruining their careers. I recently sued San Diego's top DUI cop in federal court and won a settlement from the City because the cop falsified the basis for his stop. Yes, there are cheap attorneys out there and they will always claim to do cheaply what the best of us do for the cost of our experience. But you get what you pay for. I personally don't hire doctors that hawk themselves as "cheaper than the other guy." Nor would I ever hire an attorney that hawks himself for cheap.

Some cases California DUI can be won. Some California DUI cases cases can't be won. It depends on how competent your lawyer is, how the cop did the investigation, if the machines used were properly calibrated, and what you said at the time of the investigation, amongst other things.

Remember, anyone with a law license from the State of California can take your money and represent you on a DUI. That doesn't mean that they know what they are doing. Would you request advice from a novice if you had cancer? Of course not.

Now, if you haven't read it before, read it now. And if you have read it before, read it again. This article is chock full of info on what to do if you get stopped for a DUI and arrested.

It's starting now. Police agencies all over California are setting up roadblocks, and putting officers on overtime, to make as many DUI arrests as possible. Hopefully, the tips below will come in handy for you over this holiday weekend.

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1. If you drive in California during the 4th of July, and you plan on having a cocktail or two, make sure you know where your license, registration and proof of insurance are. DUI officers historically write in their California DUI reports (putting only facts that harm you in them) that the suspect "fumbled for his wallet" and couldn't find his registration. They use this to try to show you were impaired. Be prepared.

2. When you get signaled by the DUI officer to pull over for a DUI assessment, do so immediately and safely. Roll down your window and put your hands on the steering wheel.

3. If a DUI officer asks you if you know why you are being pulled over, remember you don't have to answer. What a dumb question! He knows why he is pulling you over. He is pulling you over to assess you for drunk driving, and he's using the fact that you might have committed some minor vehicle code violations as an excuse. Don't make any admissions to him. So, you can just ask him, "why?"

4. The next question the DUI officer is likely to ask is, "Have you had anything to drink tonight." Remember your rights? You are not required to speak to officers. I know, I know, you think, "But if I don't talk to the officer, he will be mad." Let him be. You are not at a social gathering; he is not invited to your next birthday party. So don't worry about how he feels. He is collecting evidence against you. Don't give him any. It is best to say, "Officer, I appreciate what you do for a living, but I don't wish to answer any of your questions." You do NOT have to answer. The less from you he gets, the better for you in the long run. He is gathering evidence. But, you say, maybe he will let me go if he knows I'm being honest with him. NO. Most people who are pulled over and have alcohol on their breath get arrested. It's just a fact of life. Don't give him anything to put in that report that he can use against you later.

5. He may then say, "I'd like you to complete a series of tests for me." Again, let him know that you do not wish to participate in any tests. You are not required to comply. DUI officers try to give a series of field tests to determine if you are impaired. I have NEVER known any officer to do these as per the standardized protocol. I hold a certification authorized by the United Stated Department of Transportation to administer these tests, and was required to pass a practical and written test to get that certification given by a nationally re-known sergeant with the Idaho State Police. Cops learn how to do these, and then promptly forget them, making up their own "tests." Do not do them. Do NOT let the officer collect more false "evidence" against you. Just reiterate that you do not wish to perform and tests. It's your right.

6. The DUI investigation officer may then tell you he wants you to take an in field breath, hand held, breath test. Do not take this "test." It is unreliable, and regularly exhibits blood alcohol numbers higher than what you really are. The cop really, really wants you to do this now, because you have made no statements, and you have refused his field "tests." He wants this badly. He NEEDS some evidence. Do not do it. You are NOT required to blow into the little hand held machine.

7. The officer will most likely arrest you, cuff and take you downtown. You will be required to take a breath or blood test. You must choose to take one of these tests, or he will take what is called a "forced blood test" and your driver's license will be suspended for a full year.

A few pointers: If you are still absorbing alcohol, the breath test will read high. It is also an INDIRECT measurement of blood alcohol level. If you take blood, you won't get a result for at least a week. Also, law enforcement labs don't use the proper amount of sodium fluoride and potassium oxalate in the blood tubes, so you can attack those results later. Personally, I wouldn't let anyone hired by the city or county to draw my blood, after learning all I know about the incompetence of the people drawing the blood, and the lack of sanitation protocol in place. Why risk infection? (See, article on frightening practices in the San Diego crime lab).

If you are arrested, you will be released within 12 hours on your promise to appear. You will received a pink piece of paper called a "DS-367." This document tells you that you, or your lawyer, must call the Department of Motor Vehicle within ten days of the arrest to secure a hearing to determine whether or not the DMV will take your license. Do not miss this deadline or you will be suspended automatically.

So, be careful. Don't drink and drive if you can help it. Drive safely. Don't talk to cops. Be polite, but do not let them gather damaging evidence against you. And when you get home call this Southern California DUI Defense lawyer. Dui Defense is hard. But it's not impossible.

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