San Diego DUI lawyer Ian Pancer is a native of San Diego, California. After graduating from La Jolla High School, he attended the University of California at Santa Barbara as a Regents Scholar, where he earned a Bachelors degree in Philosophy. Mr. Pancer received his Juris Doctorate from the top ranked law school in San Diego, the University of San Diego School of Law, where he first became interested in practicing as a San Diego DUI attorney.
After sitting for the California State Bar examination, Mr. Pancer interned at the Office of the Public Defender of San Diego County, where he gained invaluable experience and solidified his intent to practice criminal and DUI defense. He has been in private practice ever since, during which time he has honed his skills and a San Diego DUI lawyer. As Mr. Pancerís passion lies in the courtroom, his offices are in the Columbia Court Building ñ caddy corner to the State courthouse and two blocks from Federal Court in downtown San Diego.
Mr. Pancer is a member of the California DUI Lawyers Association, the California Bar Association, the San Diego Criminal Defense Bar Association, the San Diego Criminal Defense Lawyers Club, and the National Association of Criminal Defense Lawyers. He has received training at some of the nations finest legal institutions. He was selected to attend the most prestigious Trial Practice Institute in the United States, the Trial College of the National Association of Criminal Defense Lawyers. He also has received training specific to the area of DUI law at Seminars organized by the National Association of Criminal Defense Lawyers.He is certified to practice in all State courts in California as well as all Federal Courts in the Ninth Circuit, which encompasses California, Arizona, and Washington.
Mr. Pancer is well liked and well respected in the legal community by judges, prosecutors and fellow San Diego DUI attorneys alike. Read the reviews. His former clients say that he is caring, compassionate and tirelessly at their defense. Reviews of Mr. Pancer praise him for getting charges reduced or dismissed, for being a persuasive advocate and for maintaining an open line of communication with his clients.
He is committed to providing the best possible representation for clients who require a San Diego DUI attorney, including those charged with California Vehicle Code Section 23152 – DUI - California Vehicle Code Sections 23153 – DUI with injury – California Vehicle Code Section 23136 – under 21 DUI .01% – and California Vehicle Code Section 23140 – under 21 DUI .05%.
California Vehicle Code Section 23152, and its subsections, make it illegal for a person to drive while under the influence of alcohol, or with a blood alcohol concentration (BAC) of .08% or greater. Drivers under 21 can be charged with Vehicle Code Section 23152, and they can also be charged under Vehicle Code Sections 23140 and Vehicle Code Section 23136. These code sections are often referred to by San Diego DUI attorneys as an underage DUI or under 21 DUI.
If an under age DUI defendant’s BAC is under .08%, but at least.05%, there is a good chance that the underage DUI defendant will be charged with violating California Vehicle Code Section 23140, which provides in part that “it is unlawful for a person under the age of 21 years who has 0.05 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.” If an underage DUI defendants BAC is below .05%, but at least .01%, there is a good chance that the underage DUI defendant will be charged with violating California Vehicle Code Section 23136, which provides in part that it is unlawful for a person under the age of 21 years who has a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test, to drive a vehicle.
The main difference between Vehicle Code Section 23136 and 23140 (both under 21 DUI) is the BAC that they prohibit – .01% and .05%, respectively. Vehicle Code Section 23136 requires proof that a preliminary alcohol screening device (breathalyzer) or chemical test registered the prohibited blood alcohol concentration. A defendant can be convicted of VC 23140 without a chemical test. Specifically, Vehicle Code Section 23140 provides that a person may be convicted “regardless of whether a chemical test was made to determine that person’s blood-alcohol concentration.”
The intricacies of these laws create a number of possible defenses. For example, although it appears at first blush that an under 21 DUI defendant is done for if a breathalyzer registers a .01%, a good San Diego DUI attorney will know that is not correct. In fact, in order for the court to rely on the breathalyzer reading, the prosecutor must first present evidence that the breathalyzer has passed one accuracy check within 30 days prior to the date of the test and passed one accuracy check within 30 days subsequent to the date of the test. This is referred to as “bookended” accuracy checks.
Many times, the under 21 DUIs are charged at the traffic court in Clairemont, rather than in one of the Superior Court divisions. Usually, there is no city attorney or district attorney present to prosecute underage DUIs at the traffic court. Instead, it is usually just the defendant, the arresting police officer and the judge. If a San Diego DUI defense lawyer is present at the trial, and there is no opposing attorney (only a police officer), then the opposing forces are not evenly matched. Frequently, the arresting officer has no idea about the requirement that the breathalyzer must have bookended accuracy checks in order for the court to rely on the reading, so the officer does not bring or present evidence about the accuracy checks. This can result in a not guilty finding by the judge.
Vehicle Code Section 23136 and 23140, the under 21 DUI laws, are infractions. An infraction is an offense that is punishable by a fine, and not by time in jail. But even though Vehicle Code Section 23140 is an infraction, it should not be taken lightly because of the consequences to the defendant’s vehicle insurance premium and driver’s license. First of all, a conviction for under 21 DUI will result in a one year license suspension for the driver. This is true even if the driver is arrested for DUI the day before their 21st birthday and is convicted after they turn 21.
Driving during the one year license suspension is a violation of Vehicle Code Section 14601.1. The maximum punishment for a first time violation of this code section is up to six months in jail and a fine of up to $1,000. Vehicle Code Section 14601 provides the punishment for driving with a license suspended for one of several reckless driving offenses. Vehicle Code Section 14601.2 provides the punishment for driving with a license suspended for violating one of the DUI offenses – Vehicle Code Section 23152 or 23153. Vehicle Code Section 14601.5 provides the punishment for driving with a license suspended for refusal to complete a chemical test.
Vehicle Code Section 14601.1 is a “catch-all” code section because it prescribes the punishment for driving when a license is suspended for reasons other than those listed in Vehicle Code Sections 14601, 14601.2 and 14601.5. The San Diego courts have developed uniform punishments (known as “standard sentences”) for defendants who plead guilty to certain commonly charged offenses. These standard sentences are available to San Diego DUI attorneys as well as members of the public. They represent the typical punishment, but of course there is no guarantee that the punishment will be the same in every case. The standard sentence for a first time violation of Vehicle Code Section 14601.1 or Vehicle Code Section 14601.5 is 1) three years probation; 2) $1,316 in fines, and 3) the possibility of an ignition interlock device. So, although the maximum amount of time one could serve in jail on a first time violation of Vehicle Code Section 14601.1 or 14601.5 is six months, the standard sentence does not include any jail time. The standard sentence for a first time violation of Vehicle Code Section 14601.2 is 1) three years probation; 2) $1,316 in fines, 3) the possibility of an ignition interlock device, and 4) 10 days in custody.
The laws relating to DUI in San Diego as well as Driving on a Suspended License present terrain that is difficult to navigate for a non attorney, or even an attorney who is not well versed in DUI defense. If you have an issue you would like to discuss, call San Diego DUI lawyer Ian Pancer at (619) 955-6653 for a free consultation.