Recent Blog Posts

Memorial Day Coming Soon. Avoid a DUI!

Aaron T. Hicks — Wed, 02 May 2012 02:35:00 GMT

Memorial Day is the next big holiday coming up soon, where many in San Diego will get together for BBQ's, pool parties, etc. Many will consume alcohol at those parties and then ultimately get behind the wheel of their cars to head home for the evening. Law enforcement all over San Diego will be out in full force with roving patrols and DUI Sobriety checkpoints looking to arrest anyone who has consumed alcohol prior to driving. Even if the driver may not be over the legal limit or under the influence, they will most likely be arrested. Don't let yourself have to go through this hassle.

Make sure if you plan on celebrating with friends and family this year for Memorial Day with alcohol, that you plan ahead and get a designated driver. Even if you only have one drink, if the officer is told that, they will make you get out of your car and go through an entire DUI investigation and many will be wrongfully arrested. The officers make mistakes often and wrongfully arrest innocent people. Don't be one of those persons.

If you are one of the unfortunate ones that get arrested for driving under the influence of alcohol in San Diego on Memorial Day, contact my office for a free consultation. My office is experienced in handling these types of cases, specifically involving checkpoints.

(619) 940-5566 or aaron@athlaw.com

What Is An Arraignment?

Aaron T. Hicks — Wed, 25 Apr 2012 04:09:00 GMT

Have you or someone you know been arrested in San Diego for criminal charges?

If so, the very first court date that person will have is called an Arraignment. An Arraignment is a hearing in front of a judge, where the Prosecutor will have filed a criminal complaint against that person outlining all of the criminal charges and allegations that person faces. If that person is in-custody, then they must be brought in front of a judge within 48 hours of their arrest, excluding weekends and holidays. If they are out of custody, the bail bondsman or citation will have an Arraignment date put out for quite some time into the future. A tip is not to get arrested at the beginning of the weekend, because you will spend a very long weekend in jail.

If the person is facing misdemeanor charges only, most of the time a private attorney can appear on that person's behalf without them ever appearing in court. If the charges are Domestic Violence related or felony charges, then that person must personally appear in court.

At the Arraignment, that person will usually enter a plea (Guilty, Not Guilty or No Contest). Most of the time, a plea of Not Guilty is entered and a future court date is scheduled. This is because it is the Prosecution's Burden to prove the charges against that person beyond a reasonable doubt. After the Not Guilty plea is entered, a future court date is scheduled, usually a Readiness Hearing. This gives the Defense Attorney time to look at all of the discovery and establish a defense.

If you or someone you know is facing criminal charges and has an upcoming Arraignment date in San Diego County courts, contact my office today for a free consultation. Don't go at this alone. You need an experienced and aggressive San Diego Criminal Defense Attorney to fight for you.

A Person May Be Arrested At Petco Park For Being Drunk In Public

Aaron T. Hicks — Wed, 18 Apr 2012 15:04:00 GMT

Penal Code 647(f) states that a person that commmits the following act is guilty of disorderly conduct, a misdemeanor:

Who is found in any public place under the influence of
intoxicating liquor, any drug, controlled substance, toluene, or any
combination of any intoxicating liquor, drug, controlled substance,
or toluene, in a condition that he or she is unable to exercise care
for his or her own safety or the safety of others, or by reason of
his or her being under the influence of intoxicating liquor, any
drug, controlled substance, toluene, or any combination of any
intoxicating liquor, drug, or toluene, interferes with or obstructs
or prevents the free use of any street, sidewalk, or other public
way.

The elements that a prosecutor must prove beyond a reasonable doubt is that:

1) The defendant was willfully under the influence of alcohol and/or a drug or controlled substance,

2) They were in a public place, and

3) They were unable to care for their own safety, the safety of others or were blocking a public way

Many go to Padres games at Petco Park with friends and family to enjoy a few beers and some baseball. Often times, a person may consume too much alcohol and could be arrested by San Diego Police Department for being drunk in public or public intoxication. This particular charge is a serious offense and is a misdemeanor which will land on your permanent criminal record as a misdemeanor if you are convicted. Potential punishment also includes jail time, fines and a loss of driving privileges for those who are under 21.

These cases are often defensible in court, as the prosecution are unable to show the third element above. If this is a person's first offense, the San Diego City Attorney's office will often offer a plea bargain and allow a person to jump through some hoops to ultimately get the charge dismissed from their record. Contact my office today for a free consultation if you or someone you know was arrested at Petco Park for Penal Code 647(f). I offer a free consultation and can be reached at (619) 940-5566 or aaron@athlaw.com

Common DUI Questions For Those Arrested of DUI in San Diego

Aaron T. Hicks — Wed, 11 Apr 2012 04:19:00 GMT

Here are some of the most popular questions prospective clients ask after being arrested for a first time DUI in San Diego, California.

1. Will I Go to Jail? A first time DUI carries a maximum sentence of up to 6 months of jail, however this is seldom if ever imposed. Typically on a first time DUI, as long as there are no aggravating factors, you will not serve any additional jail time to what you have already served. Aggravating factors can be having children under 14 in the car during the offense, excessive speed enhancement, refusing chemical tests, injuring someone in an accident, etc. If your case is a typical, standard first time DUI, then you can probably expect no additional jail time with exceptions.

2. Will I Lose My License? A first time DUI does carry a mandatory license suspension. There are 2 possible ways to this process. Your license can be suspended either after a DMV Hearing loss or a conviction of a DUI in court. This can range from a 30-day suspension, followed by a 5 months restricted license following a DMV Hearing loss to a 6 months restricted driver license following a DUI court conviction. The restricted license is only to, from and during the scope of your employment and to and from your mandatory alcohol classes.

3. How much are the fines? Typically in San Diego, the total fines and fees that a person will pay on a first time DUI is $2,064.00. These fines may be paid in full, or paid off through a payment plan at the court collections office.

4. Will I Have to do classes? In San Diego, a person must complete either a 3 or 9-month alcohol program. The level of program is typically based on the person's blood alcohol concentration. If the person's level is between .08% to .19%, that person will be required to complete the 3-month program, however if the person's level is .20% or higher, they will be required to complete a 9-month program.

5. How Long Will this Stay on My Record? A DUI conviction will stay on your record for prosecution purposes for 10 years from the date of offense. If you are convicted of one or more DUI's within the next 10 years, then you will counted as a multiple offender and will be subject to higher fines, more jail, longer license suspension, etc. and if it is a 4th offense or more, will most likely be charged as a felony offense, which could land you in state prison.

Remember that all of the above answers are based upon what happens to the majority of average first time DUI cases in San Diego, however each case is looked at differently and the outcomes could be greater than what is listed based upon circumstances of the individual cases.

The Law Offices of Aaron T. Hicks is a criminal defense law firm located in San Diego, California. This firm has proven over the years that quality legal representation does not need to be equivalent to exorbitant prices and has worked exhaustively to pair excellence with affordability. Should you choose to work with a San Diego criminal defense attorney from this firm, you will be able to experience the difference that a heavyweight advocate can make. Instead of the detached and apathetic legal assistance of so many other firms, you will be able to enjoy personalized answers, a responsive attitude and a true desire to help you in your time of need. To learn more, please contact a SD criminal defense attorney today by calling at 619-940-5566.

Supreme Court Rules That You May Now Be Strip Searched For Minor Offenses

Aaron T. Hicks — Tue, 03 Apr 2012 22:48:00 GMT

So you forgot to pay a traffic ticket and unbeknownst to you, your license has been suspended? You are pulled over by the police and arrested for driving on a suspended license. Before entering the jail, you are now subject to being fully searched, including full stripping, body cavity searching, etc.

This is a terrible, terrible decision by the Supreme Court and goes way beyond violating our Fourth Amendment right against unlawful searches and seizures for minor offenses, unrelated to drugs and weapons. I am afraid that our government is getting more and more powerful everyday and the new trend is that the Court is making decisions that are completely destroying our Constitutional Rights.

See the link to the case here:http://www.washingtonpost.com/politics/supreme-court-upholds-jail-strip-searches----even-for-minor-offenses/2012/04/02/gIQAsZB4qS_story.html

If you want a San Diego Criminal Defense Attorney that will fight for you and to protect your Constitutional rights, feel free to contact my office for a free consultation at (619) 940-5566.

Falsely Accused of a Crime?

Aaron T. Hicks — Wed, 28 Mar 2012 02:54:00 GMT

Have you ever been falsely accused of a crime?

Unfortunately, it happens every day in this country to innocent people. Just this week on the news, I am sure most people saw the bizarre case of a woman who claimed that a man raped her at Fiesta Island. That man was arrested and charged with rape, however in court the alleged victim stood up and claimed that police had arrested the wrong man. This man has been in jail since last week, had to hire a team of attorneys and to this day still has not been released and has his bail set at $250,000. The public and media initially had a witch hunt against this guy and now it has come out he is innocent and the tune has changed.

See the link to the story here:

http://www.utsandiego.com/news/2012/mar/26/victim-rape-case-says-da-has-wrong-man/

This case will most likely be ultimately dismissed, but it shows you how easy it is for someone to be wrongly accused of something that they did not do.

If you or someone you know has been wrongly accused of a crime that you did not commit, you need the help of an experienced San Diego Criminal Defense Attorney to represent you. The Law Offices of Aaron T. Hicks has years of experience in Criminal Defense and DUI Defense and is familiar with the ins and outs of the San Diego Court System.

Contact my office today for a free consultation and to discuss potential defenses to your case.

Arrested for DUI on St. Patrick's Day in San Diego?

Aaron T. Hicks — Tue, 20 Mar 2012 21:07:00 GMT

St. Patrick's Day landed on a Saturday this year, which meant a significant increase in people consuming alcohol ringing in the annual festive holiday. With this increase in drinking, led to an increase in roving DUI saturation patrols and checkpoints throughout the City of San Diego and the County of San Diego. If you or someone you know was arrested fo rDUI following St. Patrick's Day festivites, contact my office for a free consultation. I have years of experience handling these types of cases and am very familiar with all courts in San Diego. You may have defenses that you get your case dismissed or charges reduced in court.

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San Diego Unified School District Officer arrested for DUI, theft of shuttle bus

Aaron T. Hicks — Tue, 20 Mar 2012 20:59:00 GMT

EAST COUNTY — A San Diego Unified School District police officer was arrested on St. Patrick’s Day on suspicion of drunken driving and stealing a shuttle bus meant to drive home inebriated pub patrons, authorities said Tuesday.

Jenifer Peckham, 37, who is assigned to Patrick Henry High School, has been placed on paid administrative leave, said district spokesman Jack Brandais. She is an 11-year veteran of the department.

Sheriff’s officials said Peckham had been drinking at Hooley’s Irish Pub & Grill in Rancho San Diego Saturday night, and she got onto a bus that was hired by the bar to take home intoxicated customers. The driver apparently had concerns that she was too drunk and stepped out to speak with some sheriff’s deputies who were nearby.

Peckham then hopped into the driver’s seat and drove the bus away, said sheriff’s spokeswoman Jan Caldwell.

Deputies stopped her a short distance away and arrested Peckham.

She was booked into jail on suspicion of drunken driving and auto theft. She posted bail the following morning.

What is AB 109 and Realignment?

Aaron T. Hicks — Tue, 25 Oct 2011 17:08:00 GMT

Review this helpful article from the CDCR:

2011 Public Safety Realignment

The cornerstone of California’s solution to reduce overcrowding, costs, and recidivism

Earlier this year, Governor Edmund G. Brown Jr. signed Assembly Bill (AB) 109 and AB 117, historic legislation that will enable California to close the revolving door of low-level inmates cycling in and out of state prisons. It is the cornerstone of California’s solution for reducing the number of inmates in the state’s 33 prisons to 137.5 percent design capacity by May 24, 2013, as ordered by the U.S. Supreme Court.

All provisions of AB 109 and AB 117 are prospective and implementation of the 2011 Realignment Legislation will begin October 1, 2011. No inmates currently in state prison will be transferred to county jails or released early.

Governor Brown also signed multiple trailer bills to ensure the 2011 Realignment secured proper funding before implementation could go into effect.

The 2011 Realignment is funded with a dedicated portion of state sales tax revenue and Vehicle License Fees (VLF) outlined in trailer bills AB 118 and SB 89. The latter provides revenue to counties for local public safety programs and the former establishes the Local Revenue Fund 2011 (Fund) for counties to receive the revenues and appropriate funding for 2011 Public Safety Realignment.

Funding of Realignment

The following trailer bills were signed to secure sufficient funding for counties:

• AB111
o Gives counties additional flexibility to access funding to increase local jail

capacity for the purpose of implementing Realignment.

• AB 94 (2011 Realignment Legislation Addressing Public Safety)
o Comes into effect upon the passage of AB111.
o Authorizes counties who have received a conditional award under a specified jail

facilities financing program to relinquish that award and reapply for a conditional

award under a separate financing program.
o Lowers the county’s required contribution from 25 percent to 10 percent and

additionally requires CDCR and the Corrections Standard Authority to give funding preference to those counties that relinquish local jail construction conditional awards and agree to continue to assist the state in siting re-entry facilities.

• AB118
o Outlines the financial structure for allocating funds to a variety of accounts for

realignment.
o Establishes the Local Revenue Fund 2011 for receiving revenue and

appropriates from that account to the counties.
o Directs the deposit of revenues associated with1.0625 percent of the state sales

tax rate to be deposited in the Fund.

CDCR Fact Sheet Page 10

Establishesareserveaccountshouldrevenuescomeinhigherthananticipated. o Thereallocationformulaswillbedevelopedmorepermanentlyusingappropriate

data and information for the 2012-‘13 fiscal year and each fiscal year thereafter. o Implementssufficientprotectionstoprovideongoingfundingandmandated

protection for the state and local government.
o Thesmallestofcountiesthatbenefitfromtheminimumgrantwilleachreceive

approximately $77,000 in 2011-‘12. • SB89

o Dedicatesaportion($12)oftheVehicleLicenseFeetotheFund.
o Revenuecomesfromtwosources;freedupVLFpreviouslydedicatedtoDMV

administration and VLF that was previously dedicated to cities for general

purpose use.
o EstimatedtotalamountofVLFrevenuenowdedicatedtorealignmentis$354.3

million in 2010-2011. • SB87

o Providescountieswithaone-timeappropriationof$25milliontocovercosts associated with hiring, retention, training, data improvements, contracting costs, and capacity planning pursuant to each county’s AB 109 implementation plan.

Local Planning Process

The Community Corrections Partnership (CCP), which was previously established in Penal Code § 1230, will develop and recommend to the county Board of Supervisors an implementation plan for 2011 Public Safety Realignment. An Executive Committee from the CCP members will be comprised of the following:

o Chief probation officer

o Chief of police
o Sheriff
o District Attorney

o Public Defender
o Presiding judge of the superior court(or his/herdesignee)
o A representative from either the County Department of Social Services,Mental

Health, or Alcohol and Substance Abuse Programs, as appointed by the County Board of Supervisors.

The Executive Committee plan is deemed accepted by the county Board of Supervisors unless the Board rejects the plan by a four-fifths vote.

Community, Local Custody

AB 109 allows non-violent, non-serious, and non sex offenders to serve their sentence in county jails instead of state prisons. However, counties can contract back with the State to house local offenders.

Under AB 109:

No inmates currently in state prison will be transferred to county jails.
No inmates currently in state prison will be released early.
All felons sent to state prison will continue to serve their entire sentence in state prison.
All felons convicted of current or prior serious or violent offenses, sex offenses, and sex

offenses against children will go to state prison.

CDCR Fact Sheet Page 2

• There are nearly 60 additional crimes that are not defined in Penal Code as serious or violent offenses but at the request of law enforcement were added as offenses that would be served in state prison rather than in local custody.

Please see the document “AB 109: Final Crime Exclusion List” for a complete listing of those crimes.

Post-Release (County-Level) Community Supervision

CDCR continues to have jurisdiction over all offenders who are on state parole prior to the implementation date of October 1, 2011. Prospectively, county-level supervision for offenders upon release from prison will include current non-violent, current non-serious (irrespective of priors), and some sex offenders. County-level supervision will not include:

Inmates paroled from life terms to include third-strike offenders;
Offenders whose current commitment offense is violent or serious, as defined by

California's Penal Code §§ 667.5(c) and 1192.7(c);
High-risk sex offenders, as defined by CDCR;
Mentally Disordered Offenders; nor
Offenders on parole prior to October 1, 2011.

Offenders who meet the above-stated conditions will continue to be under state parole supervision.

Each county Board of Supervisors was required to designate a county agency to be responsible for post-release supervision and provide that information to CDCR by August 1, 2011. In turn, CDCR must notify counties of an individual's release at least one month prior. Once the individual has been released, CDCR will no longer have jurisdiction over any person who is under post-release community supervision. No person shall be returned to prison on a parole revocation except for those life-term offenders who paroled pursuant to Penal Code § 3000.1 (Penal Code § 3056 states that only these offenders may be returned to state prison).

Parole Revocations
Starting October 1, 2011, all parole revocations will be served in county jail instead of state prison and can only be up to 180 days.

The responsibility of parole revocations will continue under the Board of Parole Hearings until July 1, 2013, at which time the parole revocation process will become a local court-based process. Local courts, rather than the Board of Parole Hearings, will be the designated authority for determining revocations. Contracting back to the state for offenders to complete a custody parole revocation is not an option. Only offenders previously sentenced to a term of life can be revoked to prison.

After July, 1, 2013 The Board of Parole Hearings will continue to conduct

CDCR Fact Sheet Page 3

Parole consideration for lifers;
Medical parole hearings;
Mentally disordered offender cases; and
Sexually Violent Predator cases.

AB 109 also provides the following under parole:

Allows local parole revocations up to 180 days
Authorizes flash incarceration at the local level for up to 10 days
Inmates released to parole after serving a life term (e.g., murderers, violent sex offenders, and

third-strikers) will be eligible for parole revocation back to state prison if ordered by the Board.

The Division of Juvenile Justice

AB 109 limited the future juvenile court commitments to the Division of Juvenile Justice (DJJ). However, AB 117 removes this provision. As such, there will be no changes to DJJ during the 2011 realignment.

Halloween DUI Checkpoints

Aaron T. Hicks — Tue, 25 Oct 2011 16:55:00 GMT

Halloween is less than a week away. Many residents of San Diego will be attending work, school and family Halloween parties where the alcohol will be flowing. Police all across San Diego county are aware of this and will having roving DUI patrols and DUI sobriety checkpoints set up to catch those who have had too much to drink. Nobody wants a drunk driver on the road, but even if you've only had 1 or 2 drinks and you are stopped, you can plan on getting out of your vehicle and participated in field sobriety tests. Don't allow yourself to be subject to this and plan ahead and get a designated driver. If you do attend a Halloween party and are ultimately arrested for DUI, you still may be able to beat the charges.

Not everyone arrested for a DUI is guilty and not every officer is correct when alleging someone is under the influence. If you or someone you know is arrested for DUI during this Halloween weekend in San Diego county, you will need the assistance of a local, experienced and knowledgeable DUI criminal defense. Contact the Law Offices of Aaron T. Hicks today for a free consultation at (619) 940-5566 or aaron@athlaw.com

Summer's Coming

Aaron T. Hicks — Wed, 08 Jun 2011 18:15:00 GMT

Summer's coming folks. Friends and family will be out soaking up the San Diego sun at beaches, parks, picnics and ballgames. San Diego Police will be on the lookout for those consuming alcohol around the county. Checkpoints will be setup around the area to check driver's sobriety and driver license. If you consume alcohol and choose to drive, make sure that you do not consume enough to place you over the limit. If you are stopped by police by a traffic stop or through a checkpoint and you have had any alcohol at all, you will be asked to step out of the car and participate in their roadside Olympics. The best thing to do is to get a designated driver or call a taxi. If you do have the unfortunate circumstance of getting arrested in San Diego county for driving under the influence or any other crime for that matter, contact the Law Offices of Aaron T. Hicks for a free consultation. You may have defenses to your case, which could lead to an ultimate dismissal of your charges. Call us at (619) 940-5566 or check out our website at www.sandiegocriminaldefensefirm.com or email at aaron@athlaw.com

Trial for Jared Lee Loughner could be moved to San Diego

Aaron T. Hicks — Tue, 18 Jan 2011 16:12:00 GMT

The Federal trial for Arizona shooter Jared Lee Loughner could be moved to San Diego in a change of venue motion by the defense counsel. It appears that Loughner could not receive a fair trial in Arizona, due to the public status of a couple of the victims, including a Federal judge.

The U.S. Justice Department said Monday that it would resist any effort to try the man blamed for the carnage in Tucson in San Diego.

"The department plans to bring the case in Arizona and will oppose any change in venue motions," Justice Department spokesman Matthew Miller said Monday morning in remarks reported in The Washington Post.

Law enforcement sources told the Post that the trial of Jared Lee Loughner, 22, could be sent to San Diego because of pretrial publicity in Arizona. The case could also be moved because judges in Arizona have recused themselves because one of their own, John Roll, died in the Jan. 8 shooting.

Larry Burns, the judge appointed to the case, and Judy Clarke, Loughner's defense attorney, are both based in San Diego.

The shooting killed six people and wounded 14, including Rep. Gabrielle Giffords, D-Ariz., who is recovering at the University of Arizona Medical Center.

It is "extraordinarily unusual" for a change of venue motion to be granted in federal court, said David Steinberg, a professor of law at the San Diego-based Thomas Jefferson School of Law, said. But there is a strong argument for moving this one.

The change of venue would eliminate some grounds for appealing the verdict, Steinberg said.http://www.nctimes.com/news/local/sdcounty/article_6ef4da1f-db6f-56fa-b6da-8c9630854ca9.html

"If Loughner is tried in Tucson, there is a reason to appeal. If you move it to San Diego, you effectively eliminate that issue," he said.

He said it would be easier outside Arizona to find jurors who know little about the case.

"I know it sounds strange, but you can find such people," Steinberg said. "People who have been working overseas, people who don't read the newspaper -- there are such people -- or students who have been working on a dissertation."

The charges that Loughner faces include attempted assassination of a member of Congress and two counts of murder of federal employees.

He is being held at the medium-security Federal Correctional Institution outside Phoenix, where he is reported to spend 23 hours a day alone in his cell.

Tijuana bars to close 2 hours earlier

Aaron T. Hicks — Tue, 18 Jan 2011 16:04:00 GMT

Last call: Bars in Baja to close at 1 a.m.

Critics say safety measure will hurt business

BY SANDRA DIBBLE

MONDAY, JANUARY 17, 2011 AT 6:18 P.M.

Indie Go! is part of the burgeoning bar scene on Sixth Avenue off of Avenida Revolución in Tijuana. / Photo by David Maung

TIJUANA - An earlier mandatory cutoff time for alcohol sales in bars across Baja California has been drawing fierce opposition inTijuana, where early morning serving hours and a younger drinking age have for decades drawn a strong U.S. clientele.

Among the critics of the change: the mayor, the police chief, the president of the chamber of commerce and the head of the conventions and tourism committee.

Their outcry followed the Baja California legislature's vote last month that rolls back the last-call hour for serving alcoholic beverages statewide by two hours: from 3 a.m. to 1 a.m., an hour earlier than the closing time for bars in San Diego County. The regulations also impose a six-hour weekly limit on the longtime practice of allowing bars to extend their operations by buying "extra hours" from municipal governments.

The issue of Tijuana's bar hours has for years been a point of contention on both sides of the border, with U.S. law-enforcement agencies and public advocacy groups favoring greater restrictions.

The new law took effect Dec. 28, giving the state's five municipalities three months to revise their related ordinances.

Its sponsor is state legislator Maximo García, a member of President Felipe Calderón's National Action Party, or PAN. He said a main goal is to standardize what has been an often arbitrary policy of granting "extra hours" to bar owners willing to pay for the privilege.

"The intention is to make the process very clear - that businesses have certainty - and it's not left to the discretion of each mayor who gets to stay open extra hours," García said in an interview.

Tijuana's police chief, Gustavo Huerta, has said the earlier hours would be difficult to enforce and ultimately contribute to illegal drinking. Mayor Carlos Bustamante, whose family owns Tijuana's 422-room Grand Hotel, called for a gubernatorial veto, but Gov. José Guadalupe Osuna Millán refused and the law went into effect.

Bustamante has since continued his opposition, vowing to fight it in the courts. He has enlisted the support of the state's four other mayors, like him members of the Institutional Revolutionary Party, or PRI. The decree has not only created a sensitive political rift between the mayors and Osuna, a member of the PAN, but also has divided Tijuana's business community.

"Tijuana can no longer be a big party city, a big cantina," said Juan Manuel Hernández, president of the Tijuana section of Coparmex, an influential employers organization that pushed for the legislation. Hernández and other backers of the earlier closings said they will reduce the number of alcohol-related accidents, many of which they say take place in the early morning hours.

North of the border, the nonprofit Institute for Public Strategies in Chula Vista, which specializes in substance abuse policies, supports the earlier closings.

"It's a common-sense measure that saves lives on both side of the border," said spokesman Anthony Wagner. "When you have measures like this in place, it reduces the blood alcohol level when you stop drinking past a certain time."

National City's police chief, Adolfo González, also has noted that Baja California's drinking policies have a direct effect on San Diego County.

"Problems stemming from cross-border binge drinking culture include crime, violence, sexual assault and car crashes," he wrote in an editorial published last year in The San Diego Union-Tribune.

Throughout Mexico, the regulation of bars and other establishments that sell alcohol is a matter of state law. Often, cities are given the option of selling "extra hours" to bar owners, a measure that allows them to generate revenue but which critics say has often been enforced arbitrarily.

In any case, some businesses appear to simply ignore the rules: As a matter of practice, bars in Tijuana's Zona Norte, the red light district near the U.S. border, often stay open until 7 a.m. or later.

The sale of "extra hours" has long been debated in Tijuana.

Under pressure from Coparmex, then-Mayor Mayor Jorge Hank Rhon suspended the practice a few years ago as a security measure. But he soon reinstated the tradition. Last February, his successor, Jorge Ramos, canceled the "extra hours" again.

Opponents of the earlier closings said they are difficult to police and will harm thousands of workers who will lose income as a result of the earlier closings: bartenders, waiters and dancers, but also untold numbers of small independent vendors who depend on the drinking clientele to purchase their tacos, flowers and cigarettes.

"By 2 a.m., we're barely getting going," said Andrés Apreza, owner of Indie Go! in Tijuana, one of several bars on Sixth Street off of Avenida Revolución that have become increasingly popular with a young crowd and are hoping to extend their hours. The legal drinking age in Mexico is 18.

Mario Escobedo, president of the city's chamber of commerce, contends the earlier hours will simply lead to proliferation of clandestine bars in private houses and generally encourage illegal alcohol sales. He and other critics said the measures were passed without input from those in the business of selling alcohol legally.

"If they're so worried about accidents, why isn't there a single program against drinking and driving?" Escobedo asked. "Why aren't they talking about a program to prevent illegal sales?"

Victor Clark, a human rights activist who teaches at class on the border at San Diego State University, said the earlier closing times ignore Tijuana's origins as a drinking destination for U.S. visitors that reaches back to the days of Prohibition. "Tijuana has an intense night life that dates many years back," Clark said. "From the days of the casinos, it's been part of the city's social dynamic."

García sounded disappointed about the outcry the issue has raised: "It makes me kind of sad that people are more concerned with economic interests than the security and well-being of Tijuana residents."

Without making any specific commitments, García also said he and Osuna favor further discussions. "We're open to continued dialogue," he said, "to recast our strategies as long as they contribute to the effort to decrease the consumption of alcohol and reduce accidents."

sandra.dibble@uniontrib.com

Drug Diversion for Possession of Heroin for personal use in San Diego

Aaron T. Hicks — Wed, 29 Dec 2010 23:52:00 GMT

If you are arrested in San Diego for possessing heroin for personal use, the District Attorney will charge you under Health and Safety Code section 11350:

This is a very serious offense, which can be charged anywhere from a misdemeanor all the way up to a felony, usually depending on the amount and other circumstances involved. The results of a conviction can be anywhere from a diversion program, which could lead to an ultimate dismissal, all the way up to state prison.

If you have been arrested for this charge, you need an experienced criminal defense attorney who is familiar with California drug laws and all things related. We may be able to obtain a dismissal of your charges, if you are eligible. Courts offer diversion programs known as PC 1000, Prop 36 and Drug Courts. Contact the Law Offices of Aaron T. Hicks today for a free consultation at (619) 940-5566 or aaron@athlaw.com.

H&S 11350:

(a) Except as otherwise provided in this division, every
person who possesses (1) any controlled substance specified in
subdivision (b) or (c), or paragraph (1) of subdivision (f) of
Section 11054, specified in paragraph (14), (15), or (20) of
subdivision (d) of Section 11054, or specified in subdivision (b) or
(c) of Section 11055, or specified in subdivision (h) of Section
11056, or (2) any controlled substance classified in Schedule III,
IV, or V which is a narcotic drug, unless upon the written
prescription of a physician, dentist, podiatrist, or veterinarian
licensed to practice in this state, shall be punished by imprisonment
in the state prison.
   (b) Except as otherwise provided in this division, every person
who possesses any controlled substance specified in subdivision (e)
of Section 11054 shall be punished by imprisonment in the county jail
for not more than one year or in the state prison.
   (c) Except as otherwise provided in this division, whenever a
person who possesses any of the controlled substances specified in
subdivision (a) or (b), the judge may, in addition to any punishment
provided for pursuant to subdivision (a) or (b), assess against that
person a fine not to exceed seventy dollars ($70) with proceeds of
this fine to be used in accordance with Section 1463.23 of the Penal
Code. The court shall, however, take into consideration the defendant'
s ability to pay, and no defendant shall be denied probation because
of his or her inability to pay the fine permitted under this
subdivision.
   (d) Except in unusual cases in which it would not serve the
interest of justice to do so, whenever a court grants probation
pursuant to a felony conviction under this section, in addition to
any other conditions of probation which may be imposed, the following
conditions of probation shall be ordered:
   (1) For a first offense under this section, a fine of at least one
thousand dollars ($1,000) or community service.
   (2) For a second or subsequent offense under this section, a fine
of at least two thousand dollars ($2,000) or community service.
   (3) If a defendant does not have the ability to pay the minimum
fines specified in paragraphs (1) and (2), community service shall be
ordered in lieu of the fine.

Avoid a DUI in San Diego over New Year's Eve weekend

Aaron T. Hicks — Tue, 28 Dec 2010 14:41:00 GMT

Law enforcement will be out in full force this New Year's Eve Holiday weekend. Checkpoints will be up all around San Diego county, as well as roving patrols looking for impaired drivers. Be aware that if you have consumed any alcohol at all and go through a sobriety checkpoint, you will be asked to exit your vehicle and participate in their roadside Olympics. Even if you have only had 1 or 2 drinks, if the officer smells it you are getting out of the car.

These checkpoints are paid for by special grants and the law enforcement will be looking to arrest as many people as possible that they think are under the influence. They are wrong many times and a lot of innocent people will have to go through the embarrassment of being arrested, having their car impounded, etc. That person will have to bail themselves out, get an attorney, possibly have their license suspended, all because a police officer's subjective opinion was wrong.

Checkpoints/Roving Patrols will be conducted at the following (not inclusive)

Thursday, December 30th DUI Saturation Patrol, 2000-0300, City of Poway

Thursday, December 30th, DUI/DL CHECKPOINT, 1900-0300, City of Carlsbad (Mini Grant Checkpoint)

Friday, December 31st, DUI/DL CHECKPOINT, 1900-0300, City of Coronado (Avoid Grant Checkpoint)

Friday, December 31st, DUI Saturation Patrol, 2000-0300, City of La Mesa

Friday, December 31st, DUI Saturation Patrol, 2000-0300, City of Poway

Saturday, January 1st, DUI/CDL CHECKPOINT, 1900-0300, City of Lemon Grove (Mini Grant Checkpoint)

Saturday, January 1st, DUI/CDL CHECKPOINT, 1900-0300, City of Chula Vista (Mini Grant Checkpoint)

Saturday, January 1st, DUI Saturation Patrol, 2000-0300, City of Poway

Sunday , December 2nd, DUI/CDL CHECKPOINT, 1900-0300, City of Chula Vista (Mini Grant Checkpoint)

The safest thing to do is not drink at all if you plan on driving, or take the number of a taxi or limo company with you ahead of time to ensure a safe ride home. It is not worth going through all of the hassle that you will have to go through, even if you have only consumed 1 or 2 drinks.

If you or someone you know is unfortunate enough to go through a sobriety checkpoint over New Year's Eve Holiday weekend 2010/2011 in San Diego, contact the Law Offices of Aaron T. Hicks today for a free consultation. We may be able to help you avoid jail and a conviction.