San Diego Criminal Defense Attorney Blog

The California Court of Appeal recently overturned a conviction for driving under the influence (DUI) of methamphetamine in People v. Torres.  Mr. Torres had been convicted by a jury after being arrested and charged under California Vehicle Code section 23152(a), driving under the influence of alcohol or drugs.

Torres was seen leaving a suspected meth house that was under police surveillance. Police followed him for a short distance and then pulled him over when he overshot the stop sign limit line before coming to a complete stop.  Once pulled over, Torres exhibited symptoms of methamphetamine use including profuse sweating, rigid muscles, chemical odor, bad breath and slow to constrict pupils.  Torres later admitted to using meth within the past two days and submitted to a urine test which came back at fairly high levels.


You would think that Mr. Torres would have taken a plea bargain along the way, but his attorney was smart.  To be found guilty of driving under the influence of a drug, "the . . . drug(s) must have so far affected the nervous system, the brain, or muscles [of the individual] as to impair to an appreciable degree the ability to operate a vehicle in a manner like that of an ordinarily prudent and cautious person in full possession of his faculties." (People v. Canty (2004) 32 Cal.4th 1266, 1278.)

But in Mr. Torres' case, the police did not observe him driving irradically.  The testifying officer admitted that failing to stop at the limit line is not sufficient to establish that the driver is under the influence of a drug.  Further, the arresting officer did no field tests to determine if Mr. Torres' ability to drive was impared.  In fact, the arresting officer admitted to having no training to determine the effects of drug use on driving ability.

So, despite the fact that Mr. Torres was convicted by a jury and likely served most if not all of his 120 day sentence before his appeal was decided, his conviction was eventually reversed.  And that is significant, because most drug users reoffend even if they want and seek out treatment.  A prior conviction can have vast implications in a subsequent case including less willingness on the part of the prosecution to plea bargain and stiffer sentences.

If you have been charged with driving under the influence of a drug in San Diego County, it is essential that you contact a skilled San Diego DUI defense attorney.  A good lawyer will closely evaluate the evidence in your case and determine if the police and prosecution have collected enough evidence to seek and obtain a conviction. 

To the unskilled eye, the facts in Torres' case looked like he should plea to the charges. To a lawyer familiar with the holding in the Torres case and the entire intricate web of DUI case law, the facts presented an opportunity to get the charges dismissed.

Pauletta Santaua of El Cajon was convicted this week of one count of committing a lewd act on a child under the age of 14 (Pen C 288(a)).  The San Diego Union Tribune quotes the judge in the case, Peter C. Deddeh, who confirmed that Santau's involvement was limited to the one incident and that a psychologist determined Santaua was NOT a sexual predator.

So, why was Pauletta Santaua sentenced to register as a sex offender for the rest of her life?  The California Penal Code requires that every person convicted of a lewd act on a child under the age of 14 to register (Pen C 290(c)).  Judge Deddeh had no discretion to waive the registration requirement, even though he took notice of the fact that Santaua was not a sexual predator.

The whole purpose of sex offender registration is to provide law enforcement with up to date and accurate information regarding the location and propensities of people who are likely to reoffend.  An added benefit to the registration system allows every concerned parent to search a national registry for predators in their neighborhood.  When people like Santaua are forced to register, the whole system is watered down.  You can't tell Ms. Santaua's blip on the map of your neighborhood from the serial molestor two doors down. With all these dots, how are the police or concerned parents supposed to keep track of the dangerous predators?

Unlike many criminal defense lawyers, I think there is a place for sex offender registration in our community.  But the way the law is written now, the registration system is completely useless.  Many people don't realize that when Ms. Santaua is 89 years old and confined to wheel chair at the Shady Pines (assuming they will take a registered sex offender) - she will still be required to register.  The law is just ridiculous.

If you have been charged with an offense that has even the slightest of sexual undertones, you need to proceed with your case very carefully.  You will want to work with a skilled San Diego criminal defense lawyer who is very familiar with sex offender registration in California.  Many times a plea agreement can be negotiated with the prosecutor allowing you to plea to an offense which does not carry the mandatory registration requirement.