San Diego police asked for the public’s help today in finding a man running a phone scam where he pretends to be a law enforcement officer.
The suspect has victimized three businesses, said San Diego police spokeswoman Monica Munoz. The suspect, pretending to be a law enforcement officer, calls a business and asks to speak with a manager.
The caller then says one of the business’ employees was arrested for drunken driving and needs money wired to a specific location for the person to be released, Munoz said. The caller also says the employee asked that the call be made and that the matter be kept confidential. Officials believe there are more victims, Munoz said.
Officials are stressing to the public that no one in law enforcement will call and ask for bail money to be wired, Munoz said. San Diego police is asking anyone with information on the suspect or anyone who may have been a victim
Source
Monday, December 28, 2009
Tuesday, December 15, 2009
Carmel Valley community distraught over fatal teen crash Read more: http://www.sdnn.com/sandiego/2009-11-02/local-county-news/carmel-valley-community-distraught-over-fatal-teen-crash#ixzz0VmfVUPQq
The crash in the early morning hours of Oct. 4 that killed 17-year-old Alex Capozza, a Torrey Pines High School student, seriously injured another, and sent the driver to Juvenile Hall to face felony charges, sent shock waves through Carmel Valley and neighboring communities. And the aftershocks one month later are still registering.
“Everyone is devastated and saddened,” said Frisco White, chair of the Carmel Valley Community Planning Board. “Even if you didn’t know them, you know someone else who knew them. And it’s touched all of the kids to some degree.”
At PTA and site council meetings, school principal coffees, online discussion forums, lunches, workouts and even in grocery lines, people continue to discuss the tragedy — wondering how it could happen, wanting easy answers to difficult questions, and worrying for themselves and their children.
The accident has pierced the community for a number of reasons, said Dr. Lori Rappaport, Carmel Valley psychologist and parent of teenagers. “It’s close to home, it’s seniors, it’s kids in high school driving. It’s every parent’s worst nightmare,” she said.
Part of it, said Rick Schmitt, associate superintendent of the San Dieguito Union High School District, is that there is more media attention to everything in general.
“The other thing is that just because it happened to be in Rancho Santa Fe, in my opinion, more people are talking about it,” Schmitt said. “There are really cases up and down the county on a regular basis where high school kids die because they made really bad choices - drugs, alcohol, gangs. And it doesn’t get this play.”
An academic powerhouse, Torrey Pines High School, with about 2,600 students, sits in the center of one of the more affluent areas of San Diego County, in the heart of Carmel Valley, with Del Mar to the west, Rancho Santa Fe to the east and Solana Beach to the north.
There has been an undeniable fascination with the case throughout the county — with a great deal of interest focused on the future of the 17-year-old TPHS senior who is charged with gross vehicular manslaughter and driving under the influence of alcohol and/or drugs.
The tenor in online discussions is decidedly opposed to leniency for the driver who awaits his next hearing on Nov. 10, when Judge George Clarke will decide whether the minor is suitable for what’s called a “deferred entry of judgment.” (DEOJ)
If granted, this would allow the boy to be released to his family and return to school, in exchange for meeting strict conditions for behavior for one to three years. After that time, the felony charges would be wiped from his record.
A number of people have criticized the DEOJ request by the defense, believing money provided special privilege.
“He needs to be punished for what he did. If he were in a different city and not TP, it would be a totally different conviction,” read one online comment.
“The color of justice seems to be green,” read another.
But Aimee McLeod, San Diego County deputy district attorney, said money is irrelevant in this type of plea. She said if a juvenile meets all the conditions set forth under the law, then he or she is eligible for a deferred entry of judgment.
“It has nothing to do with a high-priced attorney,” said McLeod, who works with juveniles and is prosecuting the case. “Deferred entry of judgment applications occur in our courthouse every single day, across the board, across socioeconomic [levels] and ability of lawyers.”
Source
“Everyone is devastated and saddened,” said Frisco White, chair of the Carmel Valley Community Planning Board. “Even if you didn’t know them, you know someone else who knew them. And it’s touched all of the kids to some degree.”
At PTA and site council meetings, school principal coffees, online discussion forums, lunches, workouts and even in grocery lines, people continue to discuss the tragedy — wondering how it could happen, wanting easy answers to difficult questions, and worrying for themselves and their children.
The accident has pierced the community for a number of reasons, said Dr. Lori Rappaport, Carmel Valley psychologist and parent of teenagers. “It’s close to home, it’s seniors, it’s kids in high school driving. It’s every parent’s worst nightmare,” she said.
Part of it, said Rick Schmitt, associate superintendent of the San Dieguito Union High School District, is that there is more media attention to everything in general.
“The other thing is that just because it happened to be in Rancho Santa Fe, in my opinion, more people are talking about it,” Schmitt said. “There are really cases up and down the county on a regular basis where high school kids die because they made really bad choices - drugs, alcohol, gangs. And it doesn’t get this play.”
An academic powerhouse, Torrey Pines High School, with about 2,600 students, sits in the center of one of the more affluent areas of San Diego County, in the heart of Carmel Valley, with Del Mar to the west, Rancho Santa Fe to the east and Solana Beach to the north.
There has been an undeniable fascination with the case throughout the county — with a great deal of interest focused on the future of the 17-year-old TPHS senior who is charged with gross vehicular manslaughter and driving under the influence of alcohol and/or drugs.
The tenor in online discussions is decidedly opposed to leniency for the driver who awaits his next hearing on Nov. 10, when Judge George Clarke will decide whether the minor is suitable for what’s called a “deferred entry of judgment.” (DEOJ)
If granted, this would allow the boy to be released to his family and return to school, in exchange for meeting strict conditions for behavior for one to three years. After that time, the felony charges would be wiped from his record.
A number of people have criticized the DEOJ request by the defense, believing money provided special privilege.
“He needs to be punished for what he did. If he were in a different city and not TP, it would be a totally different conviction,” read one online comment.
“The color of justice seems to be green,” read another.
But Aimee McLeod, San Diego County deputy district attorney, said money is irrelevant in this type of plea. She said if a juvenile meets all the conditions set forth under the law, then he or she is eligible for a deferred entry of judgment.
“It has nothing to do with a high-priced attorney,” said McLeod, who works with juveniles and is prosecuting the case. “Deferred entry of judgment applications occur in our courthouse every single day, across the board, across socioeconomic [levels] and ability of lawyers.”
Source
Saturday, November 28, 2009
Man killed in weekend DUI crash in Miramar identified
SAN DIEGO — A man killed in a crash involving a suspected drunken driver in Miramar was identified as 22-year-old Nicholas James Zagunis of La Mesa, officials with the Medical Examiner's office said Monday.
Zagunis was a back seat passenger in a gold 2002 Chevy Avalanche that was heading west on Miramar Road at Empire Street about 1:20 a.m. Sunday when the driver lost control and ran into a transformer, San Diego police Detective Donna Hufford said.
The truck then crossed the street and hit the side of a building, several trees and came to rest in the parking lot of a business complex, Hufford said. Zagunis, who was the only one not wearing a seat belt, was ejected and died at the scene.
The driver of the truck, Iveth Zea, 26, of San Diego, was seen by a doctor and then arrested on charges of felony driving under the influence and gross vehicular manslaughter, Hufford said.
She was booked into Vista jail where she is being held on $100,000 bail.
Zea's boyfriend, who was also a passenger in the truck, suffered a skull fracture, Hufford said.
Hufford said investigator's calculated that the truck was traveling at speeds upward of 90 mph when it crashed.
Source
Zagunis was a back seat passenger in a gold 2002 Chevy Avalanche that was heading west on Miramar Road at Empire Street about 1:20 a.m. Sunday when the driver lost control and ran into a transformer, San Diego police Detective Donna Hufford said.
The truck then crossed the street and hit the side of a building, several trees and came to rest in the parking lot of a business complex, Hufford said. Zagunis, who was the only one not wearing a seat belt, was ejected and died at the scene.
The driver of the truck, Iveth Zea, 26, of San Diego, was seen by a doctor and then arrested on charges of felony driving under the influence and gross vehicular manslaughter, Hufford said.
She was booked into Vista jail where she is being held on $100,000 bail.
Zea's boyfriend, who was also a passenger in the truck, suffered a skull fracture, Hufford said.
Hufford said investigator's calculated that the truck was traveling at speeds upward of 90 mph when it crashed.
Source
Sunday, November 15, 2009
San Diego DUI attorney exposes blood draw memo
A DUI defense attorney in San Diego recently exposed a memo given to technicians called to testify regarding blood tests.
The Supreme Court recently ruled that, in order for forensic evidence to be admitted in a criminal case, the defense must have the right to call the scientist who performed the tests to testify at trial. This is to confirm there has been no lapse in procedure or foul play.
Anyone familiar with DUI testing knows both of these thing occur regularly. Many DUI blood tests and breath test machine maintenance needs are outsourced to private companies. These companies do not always perform as they are supposed to according to law.
In San Diego, specific persons are used for blood drawing in DUI cases. There are some states now permitting arresting officers to take on this task themselves, but this does not include California. The blood tests are usually administered at a hospital or medical facility in California by qualified nurses or trained blood draw personnel.
San Diego Attorney Rick Mueller obtained an internal memo from a San Diego blood drawer. In this case, the memo released apparently exposes the way the scientists are briefed about potential holes in their evidence.
The memo starts by stating the expert does not have to remember taking blood from the particular defendant. Due to the high number of patients each day, the individual can simply testify it is not possible to remember each individual blood draw.
The expert simply needs to assure that procedure was followed because it is followed each and every time. The memo reminds the expert of the procedure he or she followed, stressing that a non-alcoholic sterile wipe was used. If an alcohol wipe was used, then the test could be compromised. The memo allegedly states:
"The important things to remember is that you always follow the same procedure, so even though you don't remember this particular individual, you know that you drew the person following our standard procedure."
The release of these instructions shows that witnesses may be affected by the needs of the case and forced to simply repeat what they have been told instead of answering questions honestly. If this is true, the result of having the testimony of an expert who drew the blood is lost.
The reason defense attorneys need this testimony is to see if procedure was followed in the particular case at hand. By saying it is not necessary to remember the particular case and simply to state procedure is always followed, the expert is essentially relieved of any responsibility and there is really no need to have the testimony at all.
Source
Monday, July 13, 2009
DUI - Driving Under the Influence of Alcohol/Drugs in San Diego
Driving under the influence is the most common offense in our society. It can be charged as either a misdemeanor or felony DUI, depending upon your record or whether there were serious injuries.
If you are arrested for a DUI in San Diego, you have the right to refuse to do the field sobriety tests and the portable breath test that the police want you to take in their field investigation. However, California law requires that you take a blood or breath test after you are arrested and brought down to the police station.
It is always better to take a blood test, because the breath specimens are never preserved while blood specimens are preserved and can be later retested for a number of purposes.
If you are charged with a misdemeanor or felony DUI, you will need the best representation possible. Your San Diego drunk driving defense lawyer should have considerable experience in trying DUI cases in front of a jury. This will ensure that your attorney knows how to distinguish between a good close case that you can win at trial and a marginal case that you will most likely lose.
Your lawyer needs to understand how to attack breath test results, how to use special experts to attack test results, how to use eyewitnesses to support your defense and how to cross-examine the arresting officer and the prosecution experts at trial.
Finally, your San Diego DUI attorney should have a lot of knowledge about DMV (Department of Motor Vehicle) hearings. California law requires the DMV to suspend your license if your blood alcohol result is 0.08% or above and the police had reasonable cause to stop and arrest you.
Source
If you are arrested for a DUI in San Diego, you have the right to refuse to do the field sobriety tests and the portable breath test that the police want you to take in their field investigation. However, California law requires that you take a blood or breath test after you are arrested and brought down to the police station.
It is always better to take a blood test, because the breath specimens are never preserved while blood specimens are preserved and can be later retested for a number of purposes.
- Was an arrest made that violated your 4th amendment rights against unreasonable search and seizure?
- Did the police explain your right to be silent before you were questioned?
- Was there a proper chain of custody for any evidence seized?
If you are charged with a misdemeanor or felony DUI, you will need the best representation possible. Your San Diego drunk driving defense lawyer should have considerable experience in trying DUI cases in front of a jury. This will ensure that your attorney knows how to distinguish between a good close case that you can win at trial and a marginal case that you will most likely lose.
Your lawyer needs to understand how to attack breath test results, how to use special experts to attack test results, how to use eyewitnesses to support your defense and how to cross-examine the arresting officer and the prosecution experts at trial.
Finally, your San Diego DUI attorney should have a lot of knowledge about DMV (Department of Motor Vehicle) hearings. California law requires the DMV to suspend your license if your blood alcohol result is 0.08% or above and the police had reasonable cause to stop and arrest you.
Source
Monday, July 6, 2009
San Diego DMV / DUI Hearing
The San Diego DUI / DMV hearing for a possible license suspension is like a mini-DUI trial without a jury, but with much different San Diego DMV rules, San Diego DMV laws and San Diego DMV procedures. The San Diego DUI / DMV hearing is presided over by a Driver Safety Officer (DMV hearing officer) rather than a real judge, an employee of the DMV not trained in law who acts as both prosecutor and judge. As unfair as it is, she or he can legally object to your evidence, rule on her or his own objection, dually engage your San Diego DUI / DMV lawyer, and admit or not admit either party's evidence.
The San Diego Driver Safety Officer offers evidence in the form of documents and/or witnesses. The Driver Safety Officer offers the San Diego drunk driving / DUI police report, DMV records, San Diego DUI alcohol reports and the important San Diego DUI officer's sworn statement entitled a "DS 367." With no Fifth Amendment right at the hearing, your San Diego DUI / DMV attorney usually will not want you to be present at the hearing since the Driver Safety Officer can call you as a witness and force you to testify against yourself if you ill-advisedly appear.
The San Diego DMV Driver Safety Officer's decision will usually be mailed a few days or even weeks after the hearing. A San Diego DMV / DMV suspension can be set aside or sustained. If the San Diego DMV suspension is sustained, the decision can be appealed to the DMV in Sacramento and/or to the San Diego Superior court by filing a San Diego DMV petition for writ of mandamus.
A San Diego DUI lawyer's defenses at an APS hearing are specialized and technical, more so than in criminal court. Frequent San Diego DUI / DMV proof problems - as well as legal, procedural and bureaucratic obstacles - are possible grounds for setting aside the suspension.
Because of the peculiar nature of San Diego DUI / DMV hearings and the absence of an independent San Diego DUI judge to offer some protection, you are strongly advised not to try to represent yourself. Because these are not San Diego DUI criminal proceedings, San Diego County public defenders are unavailable.
Monday, June 29, 2009
San Diego Criminal Defense Attorneys
San Diego Criminal Defense Attorneys
San Diego Criminal Defense is a firm for people who have been accused of a crime to be represented in a strictly confidential environment. People facing criminal charges need a devoted and loyal advocate, and our lawyers give them what they need.We have the experience and knowledge to help anyone accused of a crime in San Diego County. Our two attorneys have over 30 years of combined experience in criminal defense, and excellent credentials such as the Outstanding Trial Lawyer award won by Timothy J. Richardson.
Helping San Diego Residents and Tourists
We regularly work for both residents of San Diego County and visitors to our area. Many of our cases involve DUIs or domestic violence accusations, but we defend people accused of everything from sex offenses to white collar crimes. Regardless of the charge, we offer free initial consultations to all potential clients.Our attorneys commit themselves to each client, searching for ways to minimize punishments or get acquittals. One case, detailed on our Case Studies page, serves as an example of our determination to help our clients: After extensive investigation, we got a full acquittal for a man accused of armed robbery, residential burglary and assault with a deadly weapon.
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Monday, June 22, 2009
Hiring a San Diego DUI Lawyer
If you've been arrested for DUI, you need to take deliberate action on both the criminal and DMV side of your case. You have only ten days to request a hearing to prevent the automatic suspension of your drivers license.
Due to the many complex factors resulting from California DUI legislation and progressive lobbying by special interest groups, it is imperative that anyone arrested for drunk driving in the region consult with a competent and qualified San Diego DUI attorney with a proven track record of successfully defending drunk driving cases in the local court systems who is familiar with the judges, prosecutors, and unique technicalities and scientific defenses regarding DUI cases.
Our specialization and focussed attention as drunk driving advocates has earned us nationwide recognition for unprecedented DUI case result victories and favorable DMV Hearing outcomes.
A good DUI defense attorney will effectively challenge tests that were administered at the time of your arrest, including but not limited to, the qualifications and credibilty of the administering police officer, breath or blood sample contamination, appropriate use and accuracy of instruments employed.
Source
Due to the many complex factors resulting from California DUI legislation and progressive lobbying by special interest groups, it is imperative that anyone arrested for drunk driving in the region consult with a competent and qualified San Diego DUI attorney with a proven track record of successfully defending drunk driving cases in the local court systems who is familiar with the judges, prosecutors, and unique technicalities and scientific defenses regarding DUI cases.
Our specialization and focussed attention as drunk driving advocates has earned us nationwide recognition for unprecedented DUI case result victories and favorable DMV Hearing outcomes.
A good DUI defense attorney will effectively challenge tests that were administered at the time of your arrest, including but not limited to, the qualifications and credibilty of the administering police officer, breath or blood sample contamination, appropriate use and accuracy of instruments employed.
Source
Monday, June 15, 2009
San Diego Drunk Driving Arrests
San Diego drunk driving arrests are unique in that they can arise in a number of different ways. Amber alerts signs are now being used on San Diego freeways directing motorists to report other drivers they suspect of drinking and driving. A common scenario is the sobriety checkpoint, or DUI roadblock, where drivers are stopped and questioned as to whether they've been drinking. Involvement in a car accident where police are summoned is another instance of coming under suspicion for DUI and being subjected to sobriety testing . Another method of finding and arresting drunk drivers is aerial surveillance by a police helicopter in search of impaired motorists. The San Diego Police Department employs a specialized DUI Task force, or DUI squad, who work closely with MADD (Mothers Against Drunk Driving) and other law enforcement agencies to increase the number of DUI arrests in the county. The San Diego Police DUI Task Force is trained to look for specific drunk driving patterns and behaviors associated with DUI. The City of San Diego, in compliance with federal and DUI actiivists' guidelines for penalization and deterrence of DUI, has no shortage of funding for this purpose.
Source
Source
Monday, June 8, 2009
California DUI Law
Californians use the acronym DUI in reference to Driving Under the Influence of an Intoxicant (or intoxicants); alcohol and/or drugs, including prescription medication if it impairs ability to drive. It is often termed as DWI, or Driving While Intoxicated, in other states, thus operating a motor vehicle while impaired, or with a blood or breath alcohol concentration at or above the legal limit of .08% for adults 21 years of age or older. The laws are much stricter for minors accused of DUI who are under the legal drinking age.
In San Diego County, A MISDEMEANOR DUI is typically charged for a a first DUI offense involving no injury, property damage, or other DUI penalty enhancements, and is punishable by up to one year in jail and heavy fines.
A FELONY DUI in San Diego County is usually charged when the the drunk driving case involves a penalty enhancement, such as causing bodily injury to another, a prior felony conviction, refusal to submit to a chemical test, or another "aggravating" circumstance; the punishment for a felony DUI conviction could be a sentence of several years in a state prison.
Under California legislature, a drunk driving arrest triggers two cases; the DUI criminal court case as stated above, AND a California Department of Motor Vehicles (DMV) case to enforce automatic suspension of your drivers license. You actually have two separate counts / cases to fight.
Source
In San Diego County, A MISDEMEANOR DUI is typically charged for a a first DUI offense involving no injury, property damage, or other DUI penalty enhancements, and is punishable by up to one year in jail and heavy fines.
A FELONY DUI in San Diego County is usually charged when the the drunk driving case involves a penalty enhancement, such as causing bodily injury to another, a prior felony conviction, refusal to submit to a chemical test, or another "aggravating" circumstance; the punishment for a felony DUI conviction could be a sentence of several years in a state prison.
Under California legislature, a drunk driving arrest triggers two cases; the DUI criminal court case as stated above, AND a California Department of Motor Vehicles (DMV) case to enforce automatic suspension of your drivers license. You actually have two separate counts / cases to fight.
Source
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