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About San Diego Criminal Law Center

San Diego Criminal Law Center was created to provide useful information for anyone charged with a crime in San Diego and throughout the state of California. Author and attorney Vikas Bajaj has over 16 years of criminal defense experience. If you have been charged with a crime or under investigation, read our articles for useful info that may help you during this difficult time.

Earlier this fall a San Diego man was arrested when police found more than 156 pounds of drugs in his car. According to reports, the man met with a police source and offered to sell “large amounts of methamphetamine and heroin.” The source negotiated a deal and agreed to meet later that week for the exchange. Police searched the man’s vehicle when he arrived for the exchange and found heroin and more than 71 kilos of methamphetamine. He was arrested and charged with drug trafficking.

Methamphetamine Crimes in San Diego

Methamphetamine is a Schedule II controlled substance, which means that it has a “high potential for abuse” which can lead to “severe psychological or physical dependence.” Simply put, methamphetamine is viewed as a very dangerous substance at both the state and local levels. Under Health and Safety Code 11379 HSC it is a crime to transport, import, sell, furnish, administer, or give away methamphetamine in the state of California.

What is Drug Trafficking?

Trafficking is defined as the “illicit trade involving the cultivation, manufacture, distribution and sale of substances which are subject to drug prohibition laws.” So, kind of trafficking refers to the grand scheme of drug crimes in California. How does the state distinguishing between charges for the sale or distribution of methamphetamine and methamphetamine trafficking? A few different factors go into the determination.

The biggest factor is typically the quantity or amount of drugs involved the transaction. If a person has a large quantity of methamphetamine they are more likely to be charged with trafficking than distribution. Having large quantities tends to indicate that there may be other illegal activity, including manufacturing and transportation, involved.

So, sales and distribution of smaller quantities of methamphetamine will likely be charged as sale or distribution under 11379 HSC. If you’re caught trying to move larger quantities of methamphetamine, you’ll probably face charges for trafficking.

What are the Consequences for Methamphetamine Trafficking in San Diego?

Trafficking methamphetamine is a felony offense in California. Penalties can include:

  • Felony probation
  • $10,000 in fines, and/or
  • 2, 3, or 4 years in a California state prison.

Enhanced Penalties for Trafficking Methamphetamine

The penalties for trafficking methamphetamine can be enhanced if there are any aggravating factors.

Trafficking Meth in Two or More Counties: If your methamphetamine trafficking crime involves two or more counties you can be sentenced to 9 years in prison.

Trafficking Meth Near a Rehab or Detox Clinic: You can face up to an additional 1-2 years in prison if you traffick methamphetamine within 1,000 feet of a drug treatment center, homeless shelter, or detox center.

Selling a Large Quantity of Methamphetamine: You can face an additional 3-15 years in prison if you sell more than one kilogram of methamphetamine.

What Does the State Have to Prove If I’m Arrested for Trafficking Meth?

When you’re charged with a crime the state still has to prove that you are guilty beyond a reasonable doubt. This involved proving each element of the crime you’ve been accused of committing. When you’re facing charges for trafficking methamphetamine, the state must prove:

  1. You sold, imported, furnished, administered, gave away, or transported methamphetamine; and
  2. You did so knowingly and intentionally.

In other words, the state has to prove that you knew you had the drugs and that you intended to distribute them in violation of the law.

You can offer certain defenses to make it difficult for the state to build a case against you. These could include lack of knowledge, false accusation, or acting under force or duress.


Drug crime convictions can stay with you for life. You have the right to defend yourself, and an attorney can help. Contact our San Diego drug crime defense lawyers for immediate assistance today.

Section 1983 Lawsuits for Police Brutality

The Constitution grants you certain rights and protections. Police have to walk a very fine line when doing their jobs to ensure that your rights aren’t infringed without cause. Thanks to a civil-war era law, you have the right to hold police officers responsible for acts of misconduct. Under Section 1983 of the United States Code, you can file a lawsuit against an officer for violating or depriving you of your fundamental rights. Find out more about filing a civil lawsuit by contacting Injury Trial Lawyers, APC, a San Diego, CA based personal injury law firm. 

What is Section 1983?

Section 1983 dates back to the end of the civil war. It is initially intended as a way to allow African Americans to protect themselves from anticipated racial discrimination. Under the law, former slaves could sue police officers or state officials if they tried to oppress and/or restrict their rights. Despite being intended to help newly freed slaves integrate into American society, Section 1983 was not widely used until the 1960s.

Specifically, Section 1983 states:

“Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.”

It can be more easily explained by saying that the law provides citizens with the right to sue police for harm caused by the violation of protected rights. In truth, Section 1983 lawsuits aren’t limited to police. Any “person” who is “acting under color of state law” can be named in a Section 1983 suit.

Why is Section 1983 Important?

Prior to the enactment of Section 1983, ordinary citizens had little recourse if a police officer violated their rights. Why? Police (and others in power) are generally immune from civil lawsuits for acts committed on the job. With immunity, you can’t sue the government unless the government decides to allow the claim. Section 1983 allows victims of police misconduct to work around the immunity issue. Without Section 1983, it would be nearly impossible to hold officers personally responsible for harm caused by violations of your rights.

Do I Have a Section 1983 Case?

You may have a valid Section 1983 claim if:

  1. Your rights were violated
  2. By a person acting under color of state law, and
  3. This violation caused you to suffer an injury.

You must prove each of these things in order to win your Section 1983 case.

Violation of Protected Rights

Section 1983 states that you have the right to sue any person acting under governmental authority who is responsible for the “deprivation of any rights, privileges, or immunities secured by the Constitution and law.” As a result, nearly any violation of a state or federal right can be the basis for a Section 1983 lawsuit. Most Section 1983 lawsuits involve a violation of:

Examples include illegal searches and seizures, police brutality, cruel and unusual punishment of an inmate, and coerced confessions.

It’s important to find evidence that shows the violation occurred because the person acting under color of state law:

  • Did not perform his or her job duties in good faith
  • Deliberately interfered with your rights, and/or
  • Consciously disregarded your rights.

Person Acting Under Color of State Law

A Section 1983 claim can only be valid if your rights were violated by a person acting under color of state law. A person can include an individual, municipality, or local government body. State and federal agencies are specifically excluded from the definition of “person” for Section 1983 purposes. A Section 1983 claim may be brought if your rights were violated by a:

  • Police officer or chief
  • Police department
  • Sheriff’s deputy or department
  • Prison guard or warden
  • Prison facility
  • School district, or
  • City, town, or county official or agency.

In addition to being categorized as a “person” for the purposes of Section 1983, the person must have also been acting under color of state law. This simply means that the person was acting with authority granted by some law or custom. In theory, this can extend to both government and non-government actors.


It’s not enough that your rights were violated by a person acting under color of state law. You must also have suffered some sort of injury because of the misconduct. Injuries can be physical, emotional, financial, or even social.

You can demand compensation for your injuries. Damages that may be awarded in a Section 1983 case could include those for:

  • Medical expenses
  • Pain and suffering
  • Emotional distress
  • Lost wages
  • Injury to reputation
  • Disability
  • Legal fees, and
  • Embarrassment.

If there was a blatant and malicious deprivation of your rights, you may also be entitled to an award of punitive damages. These are intended to punish the police officer (or other person) for their misconduct.

Drunk Driving Arrests on the Rise in San Diego

Arrests for drunk driving in San Diego tend to increase around the holidays. The much celebrated Labor Day weekend is no different. Between 6 PM Friday and 6 AM Saturday, police in San Diego made more than 60 DUI-related arrests. That’s nearly a 30 percent increase in San Diego Labor Day DUI arrests from the year before.

There are two reasons the number of DUI arrests spike on and around holidays. First, there are simply more drunk and drugged drivers on the road. Holidays give people a reason to celebrate, and drugs and alcohol are often used heavily. Second, law enforcement agencies tend to use more resources to combat drunk driving around the holidays. Not only are there more DUI checkpoints, but also an increased number of officers patrolling the roads. More drunk drivers and more police is the perfect recipe for an increase in arrests.

Two Types of DUI in San Diego

It’s against the law to operate a motor vehicle while under the influence of drugs or alcohol. There are two ways you can be arrested and charged with DUI in California: per se and probable cause.

Per Se DUI

In California, you will be considered to be “under the influence” of alcohol if your blood alcohol concentration (BAC) was .08 percent when you were driving. If chemical tests show that your BAC exceeds the legal limit, you will be charged for DUI under Vehicle Code Section 23152(b). This is known as Per Se Intoxication DUI.

Probable Cause DUI

Contrary to popular belief, you can be arrested for DUI even if you don’t fail a breath test. Under Vehicle Code Section 23152(a), police have the authority to arrest you for DUI if they have reason to believe that you are unable to drive safely because you have consumed drugs or alcohol. However, police must have probable cause to believe that you’ve violated the law. Indicators that may establish probable cause for your arrest include:

  • Failed field sobriety tests
  • Chemical testing showing some level of alcohol in your system
  • Slurred speech
  • Difficulty concentrating
  • Fatigue
  • Confusion
  • The odor of alcohol or drugs in the car, or
  • Drugs and/or paraphernalia visible in the car.

The state will present any evidence that shows you were intoxicated in violation of the law to support its case.

Penalties for DUI in San Diego

While there are two ways you can be arrested for DUI in San Diego, the penalties for each crime is the same. In California, DUI can be a misdemeanor or a felony offense. The seriousness of your charge, as well as the potential penalties, will depend on a variety of factors. These include:

  • Prior DUI convictions
  • BAC
  • Injury or death of a victim, and
  • Willingness to cooperate with police during chemical testing.

First DUI: First-time DUI offenses, absent any aggravating circumstances, are punishable by a maximum of:

  • Fines: $1,000


  • Jail: 6 months
  • Probation: 3 years


  • License Suspension: 6 months.

Second DUI:  Second DUI convictions, absent any aggravating circumstances, are punishable by:

  • Fines: $390 to $1,000


  • Jail: 96 hours to 6 months
  • Probation: 3 to 5 years


  • License Suspension: 2 years criminal, 1 year administrative (concurrently)

First DUI: Subsequent DUI offenses, absent any aggravating circumstances, are punishable by:

  • Fines: $390 to $1,000


  • Jail: 120 days to 12 months
  • Probation: 5 years


  • License Suspension: 3 years criminal, 1 year administrative (concurrently).

In addition to these criminal penalties, you can also face administrative sanctions and be required to install an ignition interlock device on your vehicle. Most individuals convicted of DUI end up spending thousands as a result of their arrest.

Fighting DUI Charges in San Diego

Don’t give up hope when you are arrested for DUI. You have the right to defend yourself throughout the criminal proceedings. Hiring an attorney to handle your defense will help you secure the best possible result. Your attorney will thoroughly investigate your alleged crime and determine the best way to defend you. Defenses should be constructed to (a) undermine the state’s case against you and (b) explain or justify your behavior.

DUI defenses can include:

  • Illegal traffic stop
  • Illegal arrest
  • Chemical test results are invalid and unreliable
  • Police did not administer field sobriety tests properly, or
  • You have been falsely accused.

If you have been arrested for DUI in San Diego you need to speak with an attorney. Call the San Diego Criminal Law Center to schedule a free case evaluation. Our attorneys are here to help you protect your future.