Recent Blog Posts

Attorney Nors Davidson to Speak at CLE DUI Conference in San Francisco

Nors Davidson — Wed, 03 Aug 2011 02:37:00 GMT

Attorney Nors Davidson has been recruited to speak for the Continuing Legal Education ("CLE") seminar entitled "Handling a First DUI Case" at the Palace Hotel in San Francisco on August 9, 2011. Mr. Davidson will be speaking on the criminal process and strategies for DUI trial defense. To register or for more information, follow the link below:

http://lawreviewcle.com/cle_credits_law_classes/cle_credits-2011-08-09-san_francisco-dui_case.html

DMV Defense: Strategies & Perspective

Nors Davidson — Sat, 26 Feb 2011 05:35:00 GMT

Every DUI arrest typically generates two separate cases: 1) a criminal case; and 2) an administrative hearing at the DMV (called an "APS" hearing which stands for Administrative Per Se). While the criminal case is truly the most critical, the priority I hear most from clients is that they want to save their driver's license. In a DUI case, this is much harder than most DUI firms will advertise and sell to prospective clients.

First of all, you need to resolve the criminal case. If you're convicted of a violation of Vehicle Code section 23152(a) or (b) or even worse 23153(a) or (b), DUI with injury, you will suffer a minimum six month "mandatory" suspension. This suspension, however, is not generally a "hard" suspension. In other words, even if convicted of a standard DUI, the California license holder can immediately apply for a "restricted" driver's license assuming certain conditions are met. Here in California, the ability to drive usually means the ability to work and as such, it's critical. Once a complaint is filed by the District Attorney for DUI, the DUI defense attorney needs to, at minimum, get the charges reduced to a "wet" reckless or a violation of Vehicle Code section 23103.5. Although a wet reckless is prior able under California DUI law, it DOES NOT generate a mandatory license suspension. Of course a dismissal works too, but I think there needs to be more realism in the way DUI defense is actually marketed to the public. Indeed, an acquittal from a jury of your peers will erase your DUI suspension.

Assuming that your case can be successfully negotiated for a reduction, your license survives to fight another day at the DMV by way of your APS or Administrative Per Se hearing. Many DUI firms and lawyers tell their clients that they don't need to appear for these hearings. This can often be true, especially for high BAC cases, however, for a refusal or any low BAC case (<.12% or so), these hearings can be won. Unlike the criminal case where you are presumed innocent until proven guilty beyond a reasonable doubt, the DMV gets a presumption that you are over a .08% assuming that a chemical test said so and was conducted within three hours of the time of the observed driving. In other words, you're presumed guilty. This presumption, however, is rebuttable, and in most circumstances an effort should be made to do so.

The strongest defense (other than not driving) to a BAC greater than .08% is that the chemical test did not accurately reflect the true BAC at the time of driving. The driver was still absorbing recently consumed alcohol and therefore when the chemical test was taken, the BAC was actually much higher and reflected the "peak." This defense can only be presented by admissible evidence. Basically, the client needs to appear personally with his or her client at the DMV hearing and testify that they consumed alcohol almost immediately prior to driving. This is often difficult because drivers almost always lie to the police and try to distance their drinking from the time of driving. These facts, can, however, be testified to later at the DMV hearing.

In addition to the client's testimony, a qualified expert witness, like a forensic toxicologist, must then provide opinion testimony that the BAC was likely below a .08% at the time of driving.

The final element to a successful DMV hearing defense is the lawyer. The DMV is in the business of suspending your license. That is the norm. To avoid normalcy, one needs an attorney with an exceptional reputation at the DMV. Personally, I have found that the DMV responds better to simple straight forward arguments presented by likeable attorneys that they're familiar with. Long winded legal arguments and objections are much less effective and in a lot of circumstances, actually alienate the DMV hearing officer who, by the way, usually didn't attend law school. While there are no guarantees by a long shot, the only way to win a DMV hearing and save a license (and perhaps a career) is to rebut the presumption and do so in such a way that the DMV hearing officer has just cause to "set aside" your suspension in the event that the DMV supervisor is breathing down his or her neck.

ALWAYS REQUEST A DMV HEARING WITHIN 10 DAYS OF ARREST. This should be done by your lawyer, who can schedule an IN PERSON hearing and will prepare you to have the best chance to save your license. Don't let some UNKNOWN LAWYER FROM A "DUI FIRM" DO YOUR HEARING OVER THE TELEPHONE IN YOUR ABSENCE ONLY TO FIND THAT YOU MAY HAVE ACTUALLY HAD A CHANCE TO SAVE YOUR LICENSE IF ONLY YOU HAD A REAL LAWYER WHO CARED ABOUT YOUR SITUATION!

DUI Defense Firm Changes Address to Better Serve Clients

Nors Davidson — Sun, 13 Feb 2011 22:44:00 GMT

To all of my clients and prospective clients, this blog is to notify you that my office address has changed from 505 Sansome Street, Suite 600 in San Francisco to 100 Montgomery Street, Suite 1600, San Francisco, California 94104. This move was made to expand my practice and to better accomodate clients who cannot drive. The new office is located in the heart of San Francisco's financial district at the intersection of Montgomery Street and Sutter Street. This new location is less than one block from the Montgomery BART station! Parking is still available on the street and in one of the many pay lots. Although the address has changed, I still provide the best legal representation for your Bay Area DUI case at a fraction of the costs of my competitors. Thank you for your understanding and I look forward to seeing you all in my new location.

Nors

San Francisco Bay Area Holiday DUI Crackdown in the Works

Nors Davidson — Fri, 17 Dec 2010 15:44:00 GMT

Bay Area law enforcement agencies Friday are kicking off a winter holiday crackdown on drunk drivers this week by stepping up patrols and checkpoints throughout the region. So be careful when driving on the roads this holiday season.

The efforts, which involve 125 departments in the nine Bay Area counties, are part of California's Holiday DUI Crackdown Campaign, which will run through Jan. 3, 2010, to keep the roads safe from people drinking and driving during the holidays. DUI's are normally a focal point for the CHP, so this week's crackdown will include many police stops that are actually a pretense for a DUI investigation.

In 2008, there were 1,029 people who died in drunk-driving related crashes in California, as well as an additional 28,457 who were injured, according to state officials. These numbers are often skewed, however, to include drunk pedestrians who are struck by sober motorists.

The largest DUI enforcement effort in the Bay Area will take place Friday in Alameda County, where a strike team of 250 officers from various police departments and the California Highway Patrol and sheriff's deputies will hit the streets and highways of the county. Alameda County has one of the harshest courts in Pleasanton, so be especially careful driving after hours in the Dublin, Pleasanton and Livermore areas.

The campaign, called Avoid the 21, in reference to the 21 law enforcement teams making up the strike team, will send out DUI patrols throughout the county and will hold checkpoints in Alameda, Hayward, Newark, San Leandro and Union City.

Another large DUI team will be out when the Oakland Raiders host the Baltimore Ravens on Jan. 3, the last day of the 17-day enforcement period. Best bet is to take BART.

Last year, the Avoid the 21 campaign resulted in the arrest of 1,323 DUI suspects, the highest total in the 11-year history of the program and a 17 percent increase from 2007.

There will also be several sobriety checkpoints and saturation patrol periods in San Francisco, starting with a checkpoint in the city on Saturday. The typical checkpoint is located on Geary Blvd. at Fillmore Street. Again, take a taxi in the City if you're drinking.

San Francisco police will be conducting two other checkpoints on Dec. 27 and Jan. 3, as well as running DUI saturation patrols several times during the holidays.

There were 121 DUI suspects arrested in the city during a similar time period in 2008, but San Francisco police Lt. Jim Calonico said in a statement that the department hopes "that total will drop because people are too smart to drink and drive."

Sobriety checkpoints are also scheduled in San Mateo County during the crackdown period. Again, San Mateo County is notoriously harsh on DUI enforcement, so definately designate a sober driver.

Burlingame police are getting a head start on the campaign by holding a checkpoint in their city today, while San Bruno police will conduct a checkpoint on Friday in the area of El Camino Real and San Bruno Avenue, and another checkpoint will be held in Belmont on Sunday.

Checkpoints are also scheduled on Dec. 26 in Menlo Park and Jan. 2 at another location in the county that has yet to be determined. Several saturation patrols will also be conducted between Friday and Jan. 3.

There are a couple checkpoints and many saturation patrols scheduled in Marin County as well.

A checkpoint will be held in San Rafael from 6 p.m. Friday to 2 a.m. Saturday, and a checkpoint in Novato is scheduled from 6 p.m. Jan. 2 to 2 a.m. on Jan. 3.

"Violators often face jail time, the loss of their driver's license, higher insurance rates, attorney's fees, time away from work and dozens of other expenses. So don't take the chance.

If you or someone you know has been arrested for DUI, hiring a competent and experienced DUI attorney should be done immediately to minimize impact and potentially save the driver's license. Please call my office today for a free DUI consultation.

Officer Injured by Alleged Intoxicated Driver at DUI Checkpoint in Marin County

Nors Davidson — Mon, 29 Nov 2010 06:31:00 GMT

Apparently, the police got more than they bargained for when the set up a DUI checkpoint, or roadblock as I call them. Apparently, an officer was injured in San Rafael when a driver tried to avoid the DU checkpoint and struck the officer causing him injuries. The officer sustained non-life threatening injuries and the driver was arrested for felony assault on an officer, DUI and driving on a suspended license.

DUI checkpoints are per se invalid and unconstitutional. The California Supreme Court stated in the landmark case, Ingersoll v. Palmer, that checkpoints were a valid exception to the Fourth Amendment's protection against unreasonable searches and seizures. Many guidelines must be followed by police for a checkpoint to be constitutionally valid. One such rule is that the checkpoint must have an exit path, or an alternative route to take to avoid the intrusion. Although it is unknown whether or not the police had such an exit route in this case, they rarely follow proper procedures.

DUI checkpoints are often a violation of our rights as citizens to be free from unreasonable searches and seizures. While the goal of "cracking down" on DUI's may seem compelling, it's a slippery slope that can lead to the stripping of our personal freedoms. Imagine a world of checkpoints and roadblocks. Perhaps there should be a prostitute roadblock in the Misson neighborhood or a drug inspection checkpoint in the city's Tenderloin? Without particularized suspicion, these checkpoints are nothing more than police dragnets.

If you have been arrested for DUI as a result of a DUI checkpoint, you have rights. No matter what the facts of your case, the checkpoint should be challenged by a competent DUI attorney. Only a skilled and experienced DUI lawyer can fight for your rights.

My office specializes in DUI cases and I am considered one of the top DUI defenses lawyers in Northern California. Call my office today for a free consutation with an experienced DUI attorney today.

CHP Cracking Down on Outstanding DUI Warrants

Nors Davidson — Sun, 28 Nov 2010 17:47:00 GMT

Posted from www.chp.ca.gov:

"SACRAMENTO, Calif. – Last year in California, more than 210,000 arrests were made by law enforcement officers for driving under the influence (DUI). While it’s a nearly 3 percent decrease from the previous year’s total number of DUI arrests statewide, impaired driving remains a major traffic safety concern.

“Every day in California officers are apprehending impaired drivers; however, some of these individuals fail to appear for court,” said California Highway Patrol (CHP) Commissioner Joe Farrow. “The DUI warrant service teams were established so these individuals can be held accountable for their actions.”

The CHP spent the past several months attempting to right that wrong, using a grant to deploy teams of law enforcement officers throughout California in counties with an overwhelming number of outstanding arrest warrants issued for individuals charged with DUI who failed to appear for court.

“Through the efforts of the warrant service teams, hundreds of people were brought to justice,” said Commissioner Farrow.

Warrant service team operations during this 12-month grant period resulted in 327 people beingv cited or arrested. Officers also attempted to serve an additional 545 DUI warrants, which will remain active until these people are arrested or cited. Those totals represent a 22.5 percent increase from warrant service team operations in 2009. Grant funding also provided training of 33 additional warrant service team members who will aide in future missions.

Warrant service operations are by nature more dangerous than traditional law enforcement operations due to officers entering into either the home or workplace of a subject who is involved in criminal activity. Additionally, officers may enter a confined space and, being unfamiliar with the structure, inherently they are put at a higher risk.

Funding for the “Driving Under the Influence Warrant Service Project” was provided by a grant from the California Office of Traffic Safety through the National Highway Traffic Safety Administration."

If you have been arrested for DUI and have failed to appear in court, you likely have a "bench warrant" for your arrest. Under this policy, the CHP or local police agencies may even appear at your home during the holidays to make an arrest. Furthermore, if you're on DUI probation and have failed to complete one of your requirements, i.e. filing Proof of Enrollment or Proof of Completion of your DUI school, you may have a post conviction warrant for your arrest.

If you or someone you know has been arrested for DUI in California or have been convicted but are not sure if you've complied with all the terms and conditions of your DUI probation, CONTACT A LAWYER IMMEDIATELY.

My office offers FREE CONSULTATIONS and can assist you with either your DUI arrest or issues surrounding your DUI probation. Remember, YOU ONLY HAVE TEN (10) DAYS FROM THE DATE OF YOUR ARREST TO REQUEST AN ADMINISTRATIVE PER SE ("APS") HEARING FROM THE DMV AND TRY TO SAVE YOUR LICENSE! Contact my office today, we're open 24/7.

Nors

Bay Area DUI Arrests Up Over Thanksgiving Weekend

Nors Davidson — Sat, 27 Nov 2010 16:27:00 GMT

In spite of my prior warnings about the CHP's "maximum enforcement" weekend to apprehend drunk drivers, arrests in the Bay Area for DUI were up to 99 from 87 last year. Statewide, DUI arrests were down from 520 to 500. I'm grateful to report that none of my existing clients were nabbed in the crackdown as I sent out email warnings to all clients to be on high alert. The "maximum enforcement" will continue through Monday, so please drive carefully.

Remember, if you're arrested for DUI, YOU ONLY HAVE TEN DAYS TO REQUEST A TEMPORARY LICENSE AND AND ADMINISTRATIVE HEARING. Although you can do this yourself, it is best handled by an experienced DUI defense attorney. Contact my office today to speak with me personally about your recent DUI arrest. Initial DUI consultation is free. Happy holidays to everyone and again, don't drive after drinking.....especially this weekend!

Nors

CHP DUI CHECKPOINTS THIS WEEKEND AVOID THE "MAXIMUM ENFORCEMENT"

Nors Davidson — Wed, 24 Nov 2010 16:42:00 GMT

To all who read, I wish a happy and safe Thanksgiving weekend. For residents here in the Bay Area, please be advised NOT to drink and drive, no matter how much alcohol you've consumed. Starting today and running through the weekend, the California Highway Patrol will be stepping up DUI enforcement. Drivers can expect DUI sobriety checkpoints all over the Bay Area as the CHP engages in "maximum enforment" of DUI drivers.

In California, sobriety checkpoints require specific standards and procedures. If these procedures are not followed, the stop and detention of the DUI driver can be unlawful under the United States Fourth Amendment. If you or someone you know has been stopped in a DUI checkpoint and arrested for DUI, contact a trusted DUI attorney immediately. Remember, a DMV hearing MUST BE REQUESTED WITHIN TEN DAYS OF A DUI ARREST.

Othewise, warm holiday wishes to all and have a safe Thanksgiving Day weekend.

Nors

The Torrid Truth About DUI Defense Firms

Nors Davidson — Tue, 23 Nov 2010 20:04:00 GMT

While this entry may seem unduly biased against other DUI defense firms, I feel it necessary to expose the truth about many (not all) such offices for the benefit of the unfortunate individual who is regrettably arrested for DUI and in need of an attorney.

I spent the greater part of five years working for a DUI defense firm. While this experience allowed me to represent several hundred DUI clients, it also showed me how driven the DUI industry is to making money.

DUI firm advertising is expensive. Your search for a lawyer usually begins on websites like www.google.com or www.bing.com or some other search engine. One of the first things you'll notice is the same firm listed repeatedly on the first five pages of your search. Literally thousands of dollars are spent each year by the DUI firm to have such advertising. These costs invariably lead to inflated attorney fees. It is not uncommon for a first offense DUI to be quoted at fees close to or greater than $5,000. In my opinion, it simply does not cost that much money for a DUI attorney to achieve a maximum Pre-Trial result for that kind of money.

A second problem with the DUI firm is that you truly don't know who is representing you on your case. Many offices advertise one big name lawyer, but the truth is that most of your case is handled by a junior associate or even a contract attorney who is not actually employed by the firm. DUI cases should be handled primarily by one attorney. That attorney should be your contact for your case and have a physical office where you can meet him or her prior to any significant stage of your case. The old adage "too many cooks in the kitchen" aptly applies to DUI defense as well.

Beware of DUI firms that really aren't local. For example, many DUI firms are actually based out of Southern California. These DUI firms charge you an inflated fee and then contract out your case with a local attorney with whom they split your money. Basically, you're paying double for the same defense you could have received by simply hiring your DUI attorney directly. Case in point: A former DUI client of mine hired a Southern California based DUI defense firm to handle his first offense DUI case in Marin County. The DUI firm charged him $8,000 for the pre-trial work alone (i.e. settling his case and handling the DMV hearing). Although this was a "refusal" DUI case and the client's attendance at the DMV hearing was critical, the DUI firm advised him not to attend. The
DUI firm then appeared for the San Francisco DMV hearing over the telephone. The attorney handling the hearing entered only two objections and didn't ask a single question of the arresting officer who testified. Needless to say, the client lost the hearing and his license was suspended for one year. The client was so upset that he hired me to take over his case. For less money that he spent on the DUI firm, I took his case to jury trial and he was subsequently acquitted. The bottom line is: local cases require local counsel.

In contrast, I believe the foremost concern of the DUI attorney is helping the client get the best result period. Results require a local attorney who is responsive to your needs and can outline the best strategy for your DUI case. Every DUI case is unique and each requires different strategical decisions. After many DUI firms get your case, their primary goal is settling it as quickly as possible so they can move on to the next case. This is not always in the client's best interest.

In conclusion, not all DUI defense firms are like this. However, you must do your research before you make an important decision like hiring a DUI lawyer. Check the attorney's www.avvo.com rating, look them up on www.calbar.org and see if they've been suspended and why. If possible, meet the DUI attorney at his or her office and see if they are legitimate. If a DUI firm is asking for $5,000 or more to handle a simple first offense DUI, ask them WHY the fee is so high and what they can do for you that another attorney can't. I won't deny that my office is "for profit," however; I believe in service to the client regardless of the bottom line. In the end, you feel bad enough about your DUI arrest and have probably punished yourself more than any court will. Don't let your DUI attorney punish you even further.

My First DUI Blog and the Tale of Jail Mail

Nors Davidson — Fri, 19 Nov 2010 03:38:00 GMT

I'm new to "blogging," but truly, I see so many interesting DUI cases and questions every day of my practice. I hope to write here as often as possible to keep my clients up to date as to changes in DUI law, local courthouses, county procedures and sentencing. I hope you enjoy and find this section of my website helpful when making the important decision of which attorney to hire for your California DUI case.

Every day I counsel clients, potential clients and fellow attorneys about DUI cases. Today I spent the morning trying to settle a .11% and .09% BAC first offense DUI in Napa County for an out of state client. The D.A. was an awful and incredibly denied a reduction to a "wet" reckless. Instead of dumping a DUI offer on my client, I filed a Motion to Suppress Evidence and we're going to make the D.A. work. Frankly, it was a crap decision on the part of the Deputy D.A. and If I have to, I'll take this case to trial pro bono.

After returning from Napa County, I held office hours for clients to come in a discuss their DUI cases. The truth is, many DUI lawyers don't have REAL offices. Instead, they obtain all of the their clients via telephone or meet them "at a convenient location." Client's deserve better. Anyway, we had productive meetings all afternoon preparing for both an upcomming jury trial in Redwood City and a DMV hearing in El Cerrito. I strongly recommend that people arrested for DUI retain counsel and DO THEIR RESEARCH ON THE ATTORNEY. A good starting place is whether or not he or she has an actual office to meet you in.

Once I completed my office hours, I began responding to client emails. One stood out in that he complained to me about the flood of mail and solicitations he received from "DUI Lawyers." I call this JAIL MAIL. The guys are sneaky too. The mail usually comes in the form of a publication called something like "DUI Magazine." Really??? Honey did you subscribe to this? Personally, I find this form of marketing dispicable. So, my two lessons for today when selecting your DUI attorney: 1) Does he or she have an actual working office where you can meet prior to hiring them; and 2) No jail mail. What can you expect from an attorney who completely disrespects your privacy by sending their flyers to your home or business?

While you're at it.....you just might want to check the attorney's record of discpline with the California State Bar, i.e. www.calbar.org.

Nors

Welcome to our DUI Defense Blog

DUI Attorney — Thu, 24 Jun 2010 22:43:00 GMT

We are pleased to announce the launch of our dui defense blog with an RSS feed available at http://www.sanfranciscoduicrimedefense.com/Blog/Recent-Blog-Posts/RSS.xml