Case Results:
These results are in no way complete or typical. Although I have handled over 1000 DUI matters in the Bay Area, I have yet to complete a full listing of every DUI case I have managed through the years. Nonetheless, is my best effort to disclose to all potential DUI clients the types of results they can achieve when represented by my office. Every DUI case is different and every DUI client unique. Each case is handled with a specific stategy that is developed in the beginning of of the DUI process. Overall, I am confident that I can achieve an equal to or better result in your DUI case than any other DUI attorney in the San Francisco Bay Area. Remember, my case results are meant to provide insight for prospective clients. They are in no way a guarantee of a specific result in your unique case.
2/2/2012: SAN FRANCISCO COUNTY .11% BAC 1st OFFENSE DUI
Outcome: DUI CHARGES DISMISSED. CASE REDUCED TO RECKLESS DRIVING
Description: Client stopped by CHP for speeding and lane straddling and subsequently blew a .11% BAC breath test. I successfully settled the case in Department 17 for a reduction to reckless driving for minimum sentence of 18 months informal probation, fine of $969, three month DUI school and NO JAIL, SWAP OR COMMUNITY SERVICE. License will likely be suspended by DMV for thirty days and restricted for five months. Excellent result as the DA's initial offer was a plea to the DUI.
1/19/2012: ALAMEDA COUNTY DMV NEGLIGENT OPERATOR SUSPENSION HEARING
Outcome: SUSPENSION SET ASIDE. PROBATIONARY LICENSE GRANTED
Description: Today I appeared with my client at the Driver's Safety Office in Oakland before hearing officer Molnar. Client had accured six points in a twelve month period and faced a six month license suspension. My client and I appeared personally and pursuaded the hearing officer to grant a probationary license, thus the suspension was set aside.
1/19/2012: ALAMEDA COUNTY .11% BAC UNDER 21 1st OFFENSE DUI DMV HEARING
Outcome: DMV SUSPENSION "SET ASIDE": NO LICENSE SUSPENSION
Description: After appearing three times on behalf of my Client, a 20 year old college student with a part time washing dishes, I was able to win a "set aside" of his California Driver's License suspension. That, combined with my ability to get his criminal case reduced to a "reckless driving" plea, allowed him to save his driver's license with NO SUSPENSION, NO REQUIREMENT FOR THREE MONTH DUI SCHOOL AND NO SR-22. The result was so rewarding I completely forgot how much time I had spent on a case that I truly did not charge enough money to the client. Results like these are why I do what I do and to be able to help a deserving person who made a mistake, makes it all worth it!
1/12/2012: SAN FRANCISCO COUNTY .26% BAC 3rd OFFENSE DUI w/ REFUSAL ALLEGATION
Outcome: Probation Granted, $2,000 Fine, 18 Month DUI School, 13 SWAP & NO JAIL
Description: Client was stopped by SFPD for lane straddling and subsequent blood test came back an overwhelming .26% BAC. Client suffered two DUI's in 2005 in a short period of time in the same county. The DA only filed the case a second offense. We expeditiously settled the case for a good offer of five years adult probation, fines of approximately $2,200, 18 month DUI school, 13 days of SWAP, 40 hours of community service and a one year ignition interlock device. Considering that client was looking at a 120 day jail minimum, this settlement was a high success. Client charged with "refusing" the blood test and therefore the DMV refusal case remains pending. Strategy is to convince the hearing officer to submit the case a .08% BAC or above instead of the refusal. If this is accomplished, client can get a restricted license in 90 days. Otherwise, it would be a two year "hard" suspension.
1/9/2012: ALAMEDA COUNTY (HAYWARD) .19% BAC 1st OFFENSE DUI w/ HIGH BAC ENHANCEMENT
Outcome: Probation Granted, $1,810 Fine, THREE MONTH DUI SC HOOL, 1 Day SWAP
Description: Client was stopped by CHP for speeding (87 mph in a 65 mph). Subsequent DUI investigation yielded a BAC of .19%. Client charged with DUI with high BAC enhancement. We sucessfully settled the case for minimum DUI punishment of three years informal probation, fine of $1,810, one day of SWAP and a THREE MONTH DUI SCHOOL. This was huge because Alameda County typically gives the six or nine month class for a BAC this high. Client opted to serve the full six month suspension in lieu of a restricted license which would have required and ignition interlock device ("IID").
1/5/2012: ALAMEDA COUNTY (PLEASANTON) .13% BAC 1st OFFENSE DUI
Outcome: Probation, Fine, No Jail & THREE MONTH DUI SCHOOL.
Description: Client was stopped for lane straddling by the Alameda County Sheriff's Department. Client arrested for DUI and submitted to blood test which came back at .13% BAC. We settled case for minimum punishment: three years informal court probation, fine of $1,790, two days of SWAP in lieu of actual jail and a three month DUI school which the court allowed her to take in San Mateo County. I managed the DMV case well enough to run her administrative and mandatory suspensions concurrently. Client's license was suspended for six months per the DUI conviction. Although she would have been eligible for a restricted license after thirty days suspension, she chose to serve her full suspension so that an ignition interlock device would not be required.
12/20/2011: SAN MATEO COUNTY (REDWOOD CITY) .11% BAC 1st OFFENSE DUI
Outcome: Probation Granted, $1,805 Fine, 3 Month DUI School, 2 SWAP
Description: Client was stopped by the San Mateo County Sherff for speeding (85 mph in a 65 mph zone). Investigation was later handed off to CHP officers who obtained for breath tests ranging from a .10% BAC to .11% BAC. District attorney refused to reduce offense to reckless driving saying she had to "draw a line in the sand somewhere." Well, we hope she has a Merry Christmas too. Client received minimum sentence of three years court probation, fine of $1,805, three month DUI school, two days SWAP or jail, and thirty day suspension of license followed by five month restriction.
12/16/2011: ALAMEDA COUNTY (OAKLAND) .11% BAC 1st OFFENSE DUI (UNDER 21)
Outcome: DUI CHARGES DISMISSED. CASE REDUCED TO RECKLESS DRIVING
Description: Client is 19 year old college student who is stopped by the CHP for making a sudden lane change and speeding 80mph in a 55mph zone. Four straight breath tests returned BAC of .11%. I appeared on the case multiple times only receiving a DUI offer. I knew we could do better if we set a new date, and we did just that. Client received dismissal of DUI and pled "no contest" to reckless driving. Client received reduced sentence of two years informal probation, fine of $993, three month DUI school and NO JAIL OR SWAP. DMV hearing pending but we have a good chance of saving the license now that the criminal case resolved as the arresting officer failed to complete the DMV DS 367 completely. I well earned result for a good kid.
12/9/2011: MARIN COUNTY .09% BAC 1st OFFENSE DUI JURY TRIAL.
Outcome: Hung Jury (4 to 8) on DUI; Guilty on >.08% BAC
Description: Client stopped for speeding on Golden Gate Bridge by the CHP. Four breath tests concluded .09% BAC. I fought the case at DMV and won a SET ASIDE for my client. We rejected the D.A.'s offer to plead guilty to the DUI and exercised our right to a jury trial. After five days of trial and deliberations, the jury HUNG 8 (guilty) 4 (not guilty) as to the DUI charge. Regrettably, they also returned a guilty verdict for driving with a BAC over .08%. Our case was compelling, however, and the court sentenced my client to the same offer that the D.A. made before trial. Client received three years informal court probation, fine of $1,744, three month DUI school and NO SWAP OR JAIL. NO ACTUAL LICENSE SUSPENSION. License restricted for five months.
11/29/2011: ALAMEDA COUNTY (OAKLAND) .08% BAC 1st OFFENSE DUI
Outcome: CRIMINAL CASE DISMISSED!
Description: Client stopped by CHP for speeding and subsequently arrested for DUI after field sobriety test performance. PAS tests yielded a .09% BAC, but evidential tests showed a .08% BAC. CRIMINAL CASE DISMISSED. DMV upheld suspension, however, and Client suffered thirty day suspension and five month restriction. NO IID REQUIREMENT.
11/23/2011: SAN MATEO COUNTY (REDWOOD CITY) .13% BAC 2nd OFFENSE DUI w/ PROBATION VIOLATION
Outcome: CRIMINAL CASE DISMISSED!
Description: Client was stopped on the side of the roadway when approached by CHP. She was investigated for DUI and blew a .07% PAS test and a .13% blood test. Criminal case DISMISSED for lack of evidence. DMV upheld 2nd offense suspension requiring either a one year suspension or a ninety day suspension with installation of an "IID" and enrollment in the Multiple Offender Program. Client was on probation for DUI at time of the offense, so no criminal sanction was a big win here.
11/22/2011: SANTA CLARA COUNTY (SAN JOSE) .13% BAC 1st OFFENSE DUI
Outcome: Probation Granted, $1,854 fine, 3 Month DUI School, 5 SWAP
Description: Client stopped in San Jose for failing to stop at a sign. Breath tests were administered just after midnight and revealed a .13% BAC. I represented client through both his criminal case and DMV case helping him manage the DUI matter and ensure that he received the best possible outcome. Client received minimum three years informal court probation, fine of $1,854, three month DUI school and five days of SWAP in lieu of jail. Client's license suspended for thirty days and restricted for five months.
11/22/2011: SANTA CLARA COUNTY (SAN JOSE) PETTY THEFT CASE
Outcome: SENTENCE REDUCED: Probation, Fine & 2 SWAP
Description: Client was a referral from a former DUI client. Accused of shoplifting over $400 in merchandise, the DA wanted a plea for five days of SWAP, three years probation and fine of $600. I advised the client to hold out for better offer and after multiple Pre-Trial Conferences, client eventually accepted REDUCED offer of two years probation, fine of $370 and two days of SWAP.
11/21/2011: SOLANO COUNTY (FAIRFIELD) DRIVING ON SUSPENDED LICENSE POST 2ND DUI
Outcome: CHARGES DISMISSED. CASE REDUCED TO INFRACTION
Description: This was a long case that worked out really well for the client, a single mother who regrettably picked a driving on a suspended license charge while on probation for her second offense DUI. Client was previously represented by cheap/inexpensived DUI attorney who just breezed her through the process without fully explaining her post conviction probation requirements. I appeared with my client, obtained a critical continuance ("1 out of 99 chance" according to both the clerk and D.A.) which helped get her license reistated prior to sentencing. Client received greatly reduced sentence of Vehicle Code 12500 INFRACTION, for fine of approximately $300. As her charged offense had a MINIMUM 10 day jail sentence, this was a remarkable outcome.
11/9/2011: MARIN COUNTY .18% BAC 1st OFFENSE DUI w/ HIGH SPEED ENHANCEMENT
Outcome: ENHANCEMENTS DISMISSED. No Jail or SWAP
Description: Client stopped for speeding, 90 mph in a 55 mph zone, and subsequently provided a blood sample which returned a result of .18%. Client charged with DUI, high BAC enhancement and speed enhancement. The speed enhancement alone carried a mandatory minimum of 60 days of county jail. Successfully negotiated a favorable settlement for client after several court appearances whereby he received the minimum sentence of three years informal court probation, fine of $2,294, three month DUI school and NO JAIL OR SWAP. Client's license suspended for thirty days and restricted for five months. Speed enhancement and high BAC (<.15%) enhancement DISMISSED.
11/7/2011: SAN FRANCISCO COUNTY .10% BAC BLOOD TEST 1st OFFENSE DUI
Outcome: CRIMINAL CASE DISMISSED!
Description: Client was an attorney charged with DUI after being stopped by the CHP on the Bay Bridge for throwing a cigarette butt out of his car window. A subsequent PAS test yielded a .12% BAC and blood at .10%. CASE DISMISSED. Successfully argued that blood sample tamper proof seals had not been signed by arresting officer and that evidence envelope had been tampered with. DMV case not so luckly. Client suffered four month administrative suspension but appeal is pending.
11/7/2011: SANTA CLARA COUNTY (PALO ALTO) .12% BAC 1st OFFENSE DUI
Outcome: Probation Granted, $1,854 fine, 3 Month DUI School, 5 SWAP
Description: Client was stopped as a concerned citizen reported her to police as being a suspected drunk driver. Client blew a .12% BAC and performed poorly on field sobriety tests. Successfully negotiated a disposition of case for three years informal court probation, fine of $1,854, three month DUI school and 5 days of SWAP in lieu of jail. License suspended for thirty days and restricted for five months with an SR-22.
11/3/2011: ALAMEDA COUNTY (PLEASANTON) .12% BAC 1st OFFENSE DUI
Outcome: Probation Granted, $1,770 Fine, 3 Month DUI School, 2 SWAP
Description: Client stopped by the Dublin P.D. for rolling a red light and having a cracked tail light. I held out the case long enough for client to control his license situation for work and he eventually received the minimum sentence of three years informal court probation, fine of $1,770, three month DUI school and two days of SWAP in lieu of jail. Client's license suspended for thirty days and restricted for five months with installation of an ignition interlock device ("IID").
11/2/2011: SAN MATEO COUNTY (SSF) .14% BAC 1st OFFENSE DUI w/ HIGH SPEED
Outcome: Probation Granted, $1,805 Fine, 3 Month DUI School, 1 Day SWAP, NO JAIL
Description: Client was non-citizen who was stopped by the CHP after three in the morning for speeding in excess of 95 mph in a 65 mph zone. Client subsequently arrested and submitted to blood test which returned a .14%. Due to the higher BAC and speed, I was concerned that client might face stiff penalties, particularly in San Mateo County which is notorious for heavy handedness. I was able to minimize impact for my client at Pre-Trial Conference for a sentence of three years informal court probation, fine of $1,805, 3 month DUI school and only ONE DAY of SWAP in lieu of jail. Client's license suspended for thirty days and restricted for 5 months.
11/2/2011: SAN FRANCISCO COUNTY .12% BAC 1st OFFENSE DUI
Outcome: DUI DISMISSED. Case Reduced to Reckless Driving, 18 Month Probation
Description: Client was stopped for driving without headlights....probably the best driving pattern in a DUI case. Unfortunately, he blew a .12% BAC, was arrested and spent the night at 850 Bryant Street. Although District Attorney initially offered DUI settlement, I was able to negotiate favorable reduction of charges. DUI dismissed in exchange for plea to reckless driving (wet) for minimal probation terms: 18 months informal court probation, fine of $969, 3 month first offender program; and NO JAIL OR SWAP. By reducing the case, I saved my client thousands of dollars. DMV upheld his license suspension for thirty days with a five month restriction.
11/1/2011: SAN MATEO COUNTY (SSF) DUI EXPUNGEMENT PETITION
Outcome: PETITON GRANTED. DUI CONVICTION DISMISSED
Description: I represented client in 2008 and she regrettably was convicted of DUI. After successfully completing her probation, we filed a petition to expunge her conviction. The petition was granted and her case ordered dismissed.
11/1/2011: SAN FRANCISCO DMV "REFUSAL" CASE ADMINISTRATIVE APPEAL
Outcome: REFUSAL SUSPENSION REVERSED
Description: Client suffered a one year license suspension based on the officer's report that the blood draw in the case was non-consensual and a "forced" refusal. Although we argued the fact strongly, the hearing officer upheld the one year refusal suspension. We appealed the decision and by so doing were able to negotiate a thirty day suspension with five month restriction. Client EXTREMELY happy. APS reviews rarely are successful.
10/31/2011: ALAMEDA COUNTY (OAKLAND) .13% BAC 1st OFFENSE DUI
Outcome: DUI CHARGES DISMISSED. CASE REDUCED TO RECKLESS DRIVING
Description: Client stopped by CHP after four in the morning for speeding in excess of 85 mph. Subsequent breath tests returned a .13% BAC. Due to inconsistency in the tests, we obtained a reduction of the DUI to reckless driving for two years informal court probation, fine of $993, 3 month DUI school and NO SWAP. License suspended by DMV for thirty days and restricted for five months.
10/28/2011: SAN MATEO COUNTY DUI EXPUNGEMENT PETITION
Outcome: PETITON GRANTED. DUI CONVICTION DISMISSED
Description: I represented client for DUI in 2007. He completed all the terms of his probation, so we filed a petition to expunge his conviction. The petition was granted and his criminal case was ordered DISMISSED.
10/17/2011: SAN FRANCISCO COUNTY .11% BAC 1st OFFENSE DUI
Outcome: DUI DISMISSED. Case Reduced to Reckless Driving, 18 Month Probation
Description: Client was stopped by CHP for speeding, 80 mph in a 65 mph zone and subsequently provided breath samples of .11% BAC and blood test at .10% BAC and arrested for DUI. I appeared with Client in Department 17 for Pre-Trial Conference and we negotiated a favorable settlement for dismissal of the DUI charges in exchange for a plea of "no contest" to a reduction reckless driving misdemeanor. Client received reduced probation of 18 months, fine of $993, three month first offender program and NO SWAP, JAIL OR COMMUNITY SERVICE. License due to be suspended by DMV for thirty days and restricted for five months.
10/17/2011: CONTRA COSTA COUNTY (WALNUT CREEK) DUI EXPUNGEMENT PETITION
Outcome: PETITON GRANTED. RECKLESS DRIVING CONVICTION DISMISSED
Description: I represented client for DUI in 2008 on a .11% BAC breath case. We successfully got the DUI charge dismissed, won the DMV hearing and reduced the criminal case to "reckless driving" conviction which resulted in a shorter ( 2 v.s. 3 year) term of probation. After the successful completion of probation, I represented client for expungment petition which resulted in an Order of Dismissal. For most purposes, the client no longer will have to disclose the conviction as the case has now been ordered dismssed.
10/14/2011: ALAMEDA COUNTY (OAKLAND) .12% BAC 2nd OFFENSE DUI
Outcome: Probation Granted, $1,813 Fine, 18 Month School, NO ACTUAL JAIL
Description: I represented client for DUI in 2007 and we even got the conviction expunged in 2010. Unfortunately, client was stopped by CHP on 580 for speeding at 1:45 in the morning. Breath test resulted in .12%. Successfully negotiated settlement of case for minimum terms of three years of court probation, fine of $1,813, 18 month DUI school and nine days of SWAP in lieu of actual jail. License suspended for ninety days and then restricted with installation of ignition interlock device ("IID").
10/13/2011: SAN FRANCISCO COUNTY .13% BAC 1st OFFENSE DUI
Outcome: DUI DISMISSED. Case Reduced to Reckless Driving, 18 Month Probation
Description: Client stopped by CHP for weaving just after two a.m. and submitted to two PAS samples with BAC readings of .13%. Subsequent evidential tests on the Intoxilyzer 500 returned .11% BAC. Although D.A. initially offered DUI settlement, we sucessfully negotiated a "wet" reckless for minmum sentence terms: 18 months informal probation, fine of $963, 12 hour DUI school and NO JAIL, SWAP OR COMMUNITY SERVICE. Client's license suspended for thirty days and restricted for five months.
10/11/2011: SAN FRANCISCO COUNTY .26% BAC 1st OFFENSE DUI
Outcome: CRIMINAL CASE DISMISSED. NO ACTUAL LICENSE SUSPENSION
Description: Military client charged with DUI while observed changing a tire on the highway. DUI invesitgation and blood test returned a .26% BAC. Although arrested, case eventually DISMISSED. DMV not so generous, however, and his license was suspended for four months.
10/11/2011: SAN FRANCISCO COUNTY .08% BAC 1st OFFENSE DUI
Outcome: Criminal Case Dismissed. No DMV License Suspension
Description: Low BAC case for a first offender in the City. Preliminary results at .08% BAC, but subsequent chemical test resulted in .07%. Although case could have been charged under CVC 23152(a), "Driving under the Influence," it was not and all charges were dismissed. DMV case set aside and no license suspension flowed. Provided representation for client throughout and peace of mind that his criminal and DMV matters were handled professionally.
10/8/2011: SAN FRANCISCO COUNTY .11% BAC 1st OFFENSE DUI
Outcome: DUI CHARGES DISMISSED. CASE REDUCED TO RECKLESS DRIVING
Description: Client was stopped by CHP for speeding, 70 mph in a 50 mph zone, and subsequently blew two .11% BAC breath samples. I successfully negotiated a reduction and dismissal of the DUI charges. Client pled to reckless driving and received only 18 months informal probation, reduced fine of $993, three month DUI school and NO JAIL OR SWAP. Client suffered NO ACTUAL LICENSE SUSPENSION and five month restriction.
10/5/2011: SAN FRANCISCO COUNTY DUI EXPUNGEMENT PETITION
Outcome: PETITON GRANTED. RECKLESS DRIVING CONVICTION DISMISSED
Description: I represented client in 2008 and obtained a reduction to reckless driving on her DUI arrest. Client completed probation and we filed a petition to expunge her criminal record which was granted in Department 18. She no longer has to report any conviction and has completely moved on after her DUI arrest.
10/4/2011: SAN FRANCISCO COUNTY .20% BAC 1st OFFENSE DUI w/ ENHANCEMENT
Outcome: ENHANCEMENT DISMISSED. 3 MONTH DUI SCHOOL, Fine & 3 SWAP
Description: Client stopped by SFPD for driving without headlights. Subsequent breath test came back at .20% BAC, thus qualifying client for high BAC enhancement and a potential nine month DUI school and ignition interlock device ("IID"). Successfully settled case in Department 17 for minimal sentence of three years informal court probation, fine of $1,810, THREE MONTH DUI SCHOOL, three days SWAP in lieu of jail and NO IID. Client suffered thirty day suspension of license followed by five month restriction.
10/4/2011: SAN FRANCISCO COUNTY .21% BAC 1ST OFFENSE DUI w/ REFUSAL ALLEGATION
Outcome: THREE MONTH DUI SCHOOL, Three years probation, $1,800 fine, 2 days SWAP
Description: Client was a college student who was stopped after police had reported a "noise disturbance" in the area. Client blows a .22 BAC in the field and failes to provide a breath sample at the station. Officers rightly offer client a blood sample which he agrees to and results in a .21% BAC. Officers erroneously conclude that client "refused" the breath test by not completing the test and that his blood was "forced." In DMV terms, the case was a "refusal" and exposed the client to a one year license suspension. I settled this case for three years informal court probation, fine of $1,800, THREE MONTH DUI SCHOOL, and two days of SWAP. Successfully negotiated a ONE MONTH SUSPENSION from DMV thus allowing client to obtain a restricted license. Overall, a great result for a client who wanted to take early responsibility for his actions.
9/28/2011: SAN FRANCISCO COUNTY .20% BAC 2nd OFFENSE DUI w/ PROBATION VIOLATION
Outcome: Probation Granted, $2,000 Fine, 18 Month School, NO ACTUAL JAIL
Description: Client had prior DUI which he was still on probation for at the time he was stopped by Officer Liang of the SFPD for "lane straddling." Subsequent blood test came back at .20% BAC, qualifying client for greater than .15% BAC enhancement. I settled case for five years adult probation, fine of $2,000, 18 month DUI school and only six (6) days of SWAP for NO ACTUAL JAIL. Client's license suspended for one year due to DUI probation violation.
9/28/2011: ALAMEDA COUNTY (HAYWARD) .15% BAC BLOOD 1ST OFFENSE DUI
Outcome: DUI CHARGES DISMISSED. CASE REDUCED TO RECKLESS DRIVING. NO IID REQUIRED!
Description: Client was a known Bay Area news personality and discretion was a key component of our defense. Client stopped for talking on cell phone and after hurried CHP investigation, was arrested and submitted to a blood sample which returned a .15% BAC. District Attorney charged DUI with special enhancement for excessive BAC (greater than .15%). As Alameda County now requires an Ignition Interlock Device ("IID") for any DUI conviction, getting a reduction was an uphill battle. Field investigation by Alan McCann revealed significant police error and omissions which allowed me to settle the case for a WET RECKLESS, subsequently dismissing all DUI charges. Client received three years informal court probation, fine of $1,810 and three month DUI school. NO JAIL OR SWAP. Successfully negotiated DMV disposition where client served no actual jail time and instead was restricted for five months. An excellent result.
9/27/2011: SAN FRANCISCO COUNTY FELONY DRUG (COCAINE) POSSESSION
Outcome: ALL CHARGES DISMISSED.
Description: Client had two prior DUI's and this time was arrested by SFPD for being drunk in public. During a search of her person, police found a bag containing cocaine and client was charged with felony possession. I obtained a referral to outpatient drug treatment for client and when she successfully completed, all criminal charges were DISMISSED.
9/23/2011: ALAMEDA COUNTY (OAKLAND) .17% BAC 2nd OFFENSE DUI w/ COLLISION & REFUSAL
Outcome: NO JAIL OR SWAP. Probation, $1,813 fine, 18 month DUI school.
Description: Client arreted by Berkeley Police Department after collision with moving vehicle Client's blood test revealed .17% BAC and he was subsequently charged with a second offense DUI and hit and run with a high BAC enhancement. After several pre-trial conferences, I negotiated a settlement that accomodated client's unique medical needs. Client received three years informal court probation, fine of $1,813, 18 month DUI school and 240 hours of community service. NO JAIL OR SWAP. Client previously represented himself at the DMV and lost the hearing as a "forced blood draw" case. This resulted in a "second refusal" and a two year hard suspension of his license.
9/23/2011: ALAMEDA COUNTY (OAKLAND) .12% BAC 3rd OFFENSE DUI
Outcome: DUI DISMISSED. Case Reduced to Reckless Driving w/ DUI Prior
Description: Client stopped for speeding and line straddling by CHP. Preliminary breath test yielded a .09% BAC but evidential station test returned a .12% BAC. Client had suffered two prior DUI convictions in ten years. I appeared and quickly noted that the District Attorney had only charged two DUI's in the complaint. I short set the case for Pre-Trial Conference and spent the entire afternoon waiting for the right D.A. who eventually offered Client a "wet reckless" with a DUI prior. A TREMENDOUS RESULT! Client faced mandatory minimum of 120 days county jail and instead received three years informal court probation, reduced fine of $993, 18 month DUI school and eight days of SWAP. License suspended for ninety days and restricted for 21 months with installation of a ignition interlock device ("IID"). Phenomenal result for a deserving client.
9/20/2011: SAN MATEO COUNTY (REDWOOD CITY) .18% BAC 1st OFFENSE DUI w/ ENHANCEMENT
Outcome: ENHANCEMENT DISMISSED. 3 MONTH DUI SCHOOL, Fine & 2 SWAP
Description: Client stopped by the CHP for an erratic turning movement and subsequently submitted to breath tests of .18% BAC. Client charged with DUI and special enhancement for driving with a BAC in excess of .15%. Settled the case favorably for Client who received minimum three years informal court probation, fine of $1,801, THREE MONTH DUI SCHOOL, and only TWO DAYS SWAP. License suspended for thirty days and restricted for five months.
9/20/2011: SAN MATEO COUNTY (SSF) .13% BAC 3rd FELONY DUI
Outcome: Probation Denied. 16 Month CDC Sentence Ordered
Description: Client was stopped for speeding by the San Bruno Police Department. Subsequent breath tests were .13% BAC four straight times. Client had suffered four prior DUI convictions, but this was his third in the ten year window. Client had prior felony DUI because of a collision which seriously injured his son and a second felony DUI because he had previously been convicted of a felony. Thus, my case was the THIRD felony DUI. Despite working rehabilitation and the case for over a year, client received a sentence of sixteen months in the California Department of Corrections. I believe the judge sentenced him too harshly, but the reality is that he will likely be soon returned to county jail due to prison overcrowding.
9/19/2011: SAN MATEO COUNTY (SSF) .20% BAC 1st OFFENSE DUI w/ ENHANCEMENT
Outcome: Probation Granted, $1,801 Fine, 3 MONTH DUI SCHOOL, 4 SWAP
Description: Client was stopped by the San Mateo Sheriff's Department for running a red light and provided PAS samples of .20% BAC and his blood test returned a .20% as well. We retested the blood sample which came back at .19% and after two pre-trial conferences, we obtained an almost impossible feat in San Mateo County, a THREE MONTH DUI SCHOOL. Client would have otherwise had to complete a nine month school, so the extra work was worth it to the client. Case resolved for three years informal court probation, fine of $1,801, three month DUI school, and four days of SWAP in lieu of jail. License suspended for thirty days and restricted for five months. A well fought for result.
9/9/2011: ALAMEDA COUNTY (OAKLAND) .16% BAC 1st OFFENSE DUI (UNDER 21)
Outcome: ENHANCEMENT DISMISSED. 3 MONTH DUI SCHOOL, NO SWAP
Description: Client was stopped by UC Berkeley PD for rolling a stop sign and excessive window tint. Client was under 21, but subsequent blood test returned .16% BAC. Settled case for dismissal of high BAC enhancement, three years informal court probation, three month DUI school and NO JAIL OR SWAP. License suspended for one year due to zero tolerance violation.
9/5/2011: SAN FRANCISCO COUNTY .14% BAC 1st OFFENSE DUI
Outcome: CRIMINAL CASE DISMISSED.
Description: Client was stopped by SFPD at 12:41 a.m. for rolling a stop sign. Two preliminary breath tests came back .14% and .13% BAC and he was arrested. At the station, client blew two .10% BAC numbers. CRIMINAL CASE DISMISSED due to lack of evidence. Client lost DMV hearing and suffered four month license suspension and requirement of an SR-22 filing.
8/22/2011: CONTRA COSTA COUNTY (WALNUT CREEK) DUI EXPUNGEMENT PETITION
Outcome: PETITON GRANTED. RECKLESS DRIVING CONVICTION DISMISSED
Description: I represented client in 2008 for .12% BAC first offense DUI. As I was able to succesfully negotiate a reckless driving conviction v.s. DUI, client received short two year probation term. As a result, we were able to file this petition to expung the conviction and the court orderd the prior case "dismissed.
8/19/2011: SAN MATEO COUNTY (SSF) .14% BAC 2nd OFFENSE DUI
Outcome: Probation Granted, $2,300 Fine, 18 Month School, NO ACTUAL JAIL
Description: Client stopped by the San Mateo P.D. for no functioning tail light. Unfortunately, client had suffered prior DUI conviction in San Mateo County in 2006. I successfully negotiated a best case settlement for client who received three years informal court probation, 18 month DUI school, fine of $2,300, and 29 days of SWAP in lieu of jail. Client's license suspended for ninety days and restricted thereafter with installation of ignition interlock device ("IID").
8/16/2011: SAN MATEO COUNTY (REDWOOD CITY) DUI EXPUNGEMENT PETITION
Outcome: PETITON GRANTED. RECKLESS DRIVING CONVICTION DISMISSED
Description: I represented client for DUI charge in 2009 and successfully negotiated a reduction to reckless driving and won his DMV hearing. In 2011, he completed his probation and we successfully petitioned the court for an expungement of his prior conviction. Petition was granted and client's criminal record subsequently cleared of any conviction.
8/5/2011: SAN MATEO COUNTY (SSF) DUI EXPUNGEMENT PETITION
Outcome: PETITION GRANTED. DUI CONVICTION DISMISSED
Description: In 2007, I helped a client settle his DUI case in San Mateo County. Once he completed his probation term of three years, he retained me to prepare his petition paperwork and secure a signed court order of dismissal. The "expungement" which is the final legal piece to the DUI procedural puzzle.
8/3/2011: MARIN COUNTY .13% BAC 1ST OFFENSE DUI
Outcome: Probation Granted, $1,794 Fine, 3 Month DUI School, No Jail or SWAP
Description: Client was stopped in Novato for allegedly passing a CHP traffic break. After submitting to field sobriety tests, client provided a breath sample which registered .13% BAC. Case resolved short of trial for plea agreement of minimum three year probation, fine of $1,796, three month/level one First Offender Program (DUI school), and NO ADDITIONAL JAIL, AWOP OR COMMUNITY SERVICE. Client suffered thirty day suspension of license followed by five months of restriction.
7/29/2011: ALAMEDA COUNTY (OAKLAND) .13% BAC 1ST OFFENSE DUI
Outcome: DUI CHARGES DISMISSED. CASE REDUCED TO RECKLESS DRIVING. NO IID REQUIRED!
Description: There's always more than one way around the barn! This case involved a .13% breath test in Oakland. After several attempts to resolve the case for a wet reckless in Department 107, I continued the case again for further pre-trial in Department 104. The DA was new and didn't have the case file and the judge was filling in for normal judge Brosnahan who was on vacation. The stars aligned just right and I was able to sucessfully negotiate a settlement which dismissed the DUI and client accepted offer of plea to "wet" reckless driving. Client received three years of court probation, reduced fine of $993, three month DUI school and NO JAIL OR SWAP. Most important, client avoided the IID requirement for Alameda County. No mandatory license suspension and DMV remains pending, although an administrative suspension remains likely.
7/27/2011: CONTRA COSTA COUNTY (WALNUT CREEK) .26% BAC 2nd OFFENSE DUI COLLISION
Octcome: Probation Granted, $1876 fine, 18 month DUI School, 31 days HOME DETENTION
Description: Client was non-citizen who was stopped by the CHP after three in the morning for speeding in excess of 95 mph in a 65 mph zone. Client subsequently arrested and submitted to blood test which returned a .14%. Due to the higher BAC and speed, I was concerned that client might face stiff penalties, particularly in San Mateo County which is notorious for heavy handedness. I was able to minimize impact for my client at Pre-Trial Conference for a sentence of three years informal court probation, fine of $1,805, 3 month DUI school and only ONE DAY of SWAP in lieu of jail. Client's license suspended for thirty days and restricted for 5 months.
7/27/2011: ALAMEDA COUNTY (OAKLAND) .15% BAC 1ST OFFENSE DUI
Outcome: Probation Granted. 3 Month DUI School, No Actual Jail
Description: Today I settled a first offense DUI in Department 104 in Oakland. Client was stopped for speeding and subsequently provided a breath sample which registered .15% BAC. We exhausted our negotiations with the District Attorney for a "wet" reckless driving plea to avoid the mandatory ignition interlock device requirement and ultimately filed a Motion to Suppress Evidence. A hearing was held and the arresting officer testified thus justifying the initial detention. After we exhausted our options, client decided to accept offer to plea to DUI. Client received three years informal court probation, one day of SWAP in lieu of actual jail time, three month first offender DUI school and a fine of $1,813. Client opted to serve full six month license suspension to avoid the ignition interlock requirement.
7/26/2011: NAPA COUNTY .11% BAC 1ST OFFENSE DUI
Outcome: Probation Granted, $2,733 Fine, 3 Month DUI School, NO JAIL OR SWAP
Description: Today I settled a .11% BAC first offense DUI in Napa County for five years probation, fine of $2,700, three month DUI school (via correspondence course) and six month mandatory license suspension. Client, an out of state driver, was stopped by CHP while on vacation in Napa. I fought the case on her behalf for over one year appearing for multiple pre-trial conferences and a Motion to Suppress Evidence hearing. After all avenues for better settlement were exhausted, Client agreed to accept district attorney's offer.
7/25/2011: SAN MATEO COUNTY (SSF) .32% BAC 1ST OFFENSE DUI w/ HIGH BAC ENHANCEMENT
Outcome: Probation Granted. 9 Month DUI School, No Actual Jail
Description: Today I resolved a tough case for a single mother who was stopped for a misdeanor for driving on the wrong side of the road. A subsequent blood test revealed an incredible .32% BAC, meaning that nearly a third of the client's blood was alcohol. I negotiated a very reasonable settlement at Pre-Trial Conference which client gladly accepted. Client received minimum three years informal court probation, fine of $1,805, 9 month/level two DUI school, and three days of SWAP (community service) in lieu of actual jail time. Client's license suspended administratively prior to retaining my office. Accordingly, client was suspended for thirty days and restricted until completion of the DUI school. Overall, an excellent result.
7/20/2011: ALAMEDA COUNTY (OAKLAND) .10% BAC 1ST OFFENSE DUI
Outcome: DUI CHARGES DISMISSED. CASE REDUCED TO RECKLESS DRIVING
Description: Client was stopped by CHP after allegedly rolling a stop sign. A subsequent breath test yielded a result of .10% BAC. Client had poor drinking pattern making a jury trial unrealistic. That said, I successfully settled the case at the pre-trial conference for a dismissal of the DUI charges and a plea to the reduced misdemeanor of "reckless driving." Client received reduced two year term of probation, a 12 hour DUI school (3 month necessary however due to DMV), and fine of $993. No Jail, SWAP or community service. License likely to be suspended by for thirty days and restricted for five months.
7/19/2011: ALAMEDA COUNTY (PLEASANTON) .17% BAC 1ST OFFENSE DUI w/ HIGH BAC ENHANCEMENT
Outcome: ENHANCEMENT DISMISSED. NO JAIL OR SWAP, 6 MONTH DUI SCHOOL
Description: Today I resolved a first offense DUI with a special enhancement for high blood alcohol due to her .17% BAC blood test in Pleasanton. Client was stopped for failing to obey a regulatory sign and arrested by CHP. A registered nurse, it was critical that I minimize the impact of this case for my client. Case settled for misdemeanor plea to Vehicle Code section 23152(b), driving with greater than .08% BAC. The special allegation for excessive BAC (<.15%) was dismissed. Client received minimum three year informal probation, fine of $1,770, six month DUI school and NO JAIL, SWAP or COMMUNITY SERVICE. License suspended for thirty days and restricted until completion of DUI school.
7/18/2011: SAN FRANCISCO COUNTY .09% BAC 1ST OFFENSE DUI
Outcome: CRIMINAL CASE DISMISSED!
Description: Client stopped after midnight by the CHP for weaving and gives poor testimony regarding drinking pattern that would be necessary to establish "rising" BAC. Client blows a .09% BAC breath test and is arrested for DUI. CRIMINAL CASE DISMISSED. The DMV hearing, regrettably, was lost and the client suffered a thirty day suspenion followed by a five month restriction. Client needed three month first offender program, SR-22 and $125 license reissue fee to resolve the matter. I really hoped to win the DMV hearing on this one and for me, the decision was just another lesson that no matter how good your relationship with the hearing officer, you can still lose low BAC cases at the DMV with bad drinking pattern facts.
7/15/2011: SAN FRANCISCO COUNTY .30% BAC 1ST OFFENSE DUI w/ HIGH BAC ENHANCEMENT
Outcome: Probation Granted, $1,784 Fine, 4 SWAP, 9 Month School
Description: Today a client's case was resolved for a reasonable plea offer. Client was stopped for driving at about 3 a.m. in San Francisco without headlights. After field sobriety tests, Client provided breath samples as high as .30% BAC. Case resolved for three year minimum probation, fine of $1,794, four days of community service in lieu of actual jail, and a 9 month DUI school. Client's license suspended for thirty days and restricted for nine months.
7/13/2011: SAN FRANCISCO EARLY TERMINATION OF DUI PROBATION AND EXPUNGEMENT PETITION
Outcome: PETITION GRANTED. PROBATION TERMINATED AND DUI CONVICTION DISMISSED
Description: I represented this individual for DUI in San Francisco in 2009. His case was successfully settled for a "wet" reckless in spite of the fact that his breath BAC was a .11%. Half way through with a three year probation term, client needed early release from probation so we could expunge his conviction prior to his application for a new job. Although I was actually hit by an unlicensed driver on my way to court resulting in destruction of my scooter and a while out of the office, we were successful with the petition on time and his criminal conviction was ultimately dismissed.
7/12/2011: SAN MATEO COUNTY (REDWOOD CITY) .17% BAC 1ST OFFENSE DUI w/ HIGH BAC ENHANCEMENT
Outcome: Probation Granted, $1,805 Fine, 3 Month DUI School, 2 Days SWAP, NO JAIL
Description: Client was arrested for rolling a stop sign and a subsequent parking violation by the CHP in Redwood City and blew a .17% BAC. Charged with DUI and a special allegation for excessive BAC (<.15%), we successfully settled the case today for minimum punishment. Client received three years informal court probation, fine of $1,805, three month DUI school and two days of SWAP in lieu of actual jail time. The special allegation was dismissed. Client's license suspended for thirty days and restricted for five months.
6/10/2011: SAN MATEO COUNTY (SSF) RESISTING ARREST CONVICTION EXPUNGEMENT PETITION
Outcome: Petiton Granted. CASE DISMISSED.
Description: In 2004, a DUI client of mine was convicted of resisting arrest and drunk in public. He never got the conviction expunged and was not eligible because he had been arrested for another DUI. I successfully obtained a dismissal in the pending DUI case which allowed me to sneak in an expungement of his prior resisting arrest. The petition was subsequently granted and client's former case dismissed.
6/9/2011: SAN MATEO COUNTY (SSF) .08% BAC 1st OFFENSE DUI
Outcome: DUI CHARGES DISMISSED. DMV HEARING WON: NO SUSPENSION
Description: Client stopped by CHP for speeding, 84 mph in a 65 mph zone) and submitted to two .08% BAC breath samples. D.A. agreed to reduce offense to reckless driving for minimal sentence of two years informal court probation, fine of $1,445, 12 hour DUI school and NO JAIL OR SWAP. We retained forensic toxicologist for DMV hearing and WON A SET ASIDE. Client suffered NO LICENSE SUSPENSION, NO SR-22 AND NO THREE MONTH DUI SCHOOL REQUIREMENT.
6/8/2011: SONOMA COUNTY 1ST OFFENSE DUI w/ REFUSAL ENHANCEMENT
Outcome: REFUSAL ALLEGATION STRICKEN. Probation Granted 3 Month DUI School
Description: Today I settled an enhanced DUI for a plea to a standard first offense DUI. Client arrested by Sonoma County Sheriff and then turned over to CHP for DUI investigation. CHP claimed that client "refused" chemical test because he requested to speak with an attorney first. YOU DO NOT HAVE THE RIGHT TO COUNSEL BEFORE SUBMITTING TO CHEMICAL TEST!!! That said, client faced DUI refusal offer from the DA which included a nine month DUI school and ten days of SWAP. I appeared multiple times for pre-trial conference and eventually convinced the DA to dismiss the refusal allegation which resulted in a highl reduced sentence of three years court probation, fine of $2,291, THREE MONTH DUI SCHOOL, and one day of jail which the client only served about two hours. DMV pending, but one year administrative suspension likely. Over all, an excellent result for a tough court.
6/7/2011: CONTRA COSTA COUNTY (WALNUT CREEK) .17% BAC 1ST OFFENSE DUI w/ HIGH BAC ENHANCEMENT
Outcome: ENHANCEMENT DISMISSED. TWO DAYS SWAP, 6 MONTH DUI SCHOOL
Description: Today I settled a high BAC first offense DUI for a reasonable pre-trial offer. Client's case enhanced by .17% blood test and high speed. Case resolved for three years of court probation, fine of $1,876, 6 month DUI school, and two days of SWAP. License suspended for thirty days and restricted for five months.
6/3/2011: ALAMEDA COUNTY (OAKLAND) .20% BAC 1ST OFFENSE DUI w/ HIGH BAC ENHANCEMENT
Outcome: ENHANCEMENT DISMISSED. 3 MONTH DUI SCHOOL, Fine & 1 SWAP
Description: Today I settled a first offense DUI that involved a high rate of speed (60 mph in a 25 mph zone). Client was a present college student who had served in U.S. armed services in Iraq but submitted to two breath tests with results of .20% BAC, thus qualifying him for the 9 month DUI school and other enhancements. Case resolved for with the special enhancement stricken, probation of three years, fine of $1,813, THREE MONTH DUI SCHOOL, and one day of SWAP in lieu of jail. License suspended for thirty days and restricted for five months.
6/3/2011: SACRAMENTO COUNTY DUI EXPUNGEMENT PETITION
Outcome: PETITON GRANTED. DUI CONVICTION DISMISSED
Description: Client retained my office to expunge his conviction for DUI in Sacramento County, a case which I did not represent him. Petition was successful and granted thus clearing client's conviction record.
5/27/2011: SAN MATEO COUNTY RECKLESS DRIVING AND TRAFFIC CASE
Outcome: Case Dismissed
Description: My client was a graduating senior at U.C. Berkeley and was stopped speeding on his way to his ceremony. Officers charged him with misdeanor reckless driving. After appearing several times in this case and monitoring it for over a year, the case was dismissed.
5/23/2011: SAN MATEO COUNTY (REDWOOD CITY) .12% BAC 1ST OFFENSE DUI w/ DMV PRIOR
Outcome: Probation Granted, $1,801 Fine, 3 Month DUI School, 3 Hours Jail
Description: DUI cases are difficult to manage for out of state residents who are just visiting the Bay Area. This was such a case. Client was stopped for speedng by the CHP and later submitted to a blood test which returned a .12% BAC. I successfully managed this case for my client who remained in Washington State and settled the case for three years of informal court probation, fine of $1,801, 3 month DUI school (allowed to complete via correspondence course) and one day of jail. Client actually served three hours. License in California suspended for one year due to prior APS action on his license. A managable result for a difficult situation.
5/20/2011: ALAMEDA COUNTY (OAKLAND) .13% BAC 2ND OFFENSE DUI
Outcome: Probation Granted, $1,813 Fine, 18 Month School, NO ACTUAL JAIL
Description: This wa actually an uncharged third offense which I made the strategic decision to settle the case early to avoid the potential exposure to a 120 jail sentence as is required by a third offense. We nonetheless minimized impact for the Client and he received three years informal court probation, fine of $1,813, 18 month DUI school and 9 days of SWAP in lieu of actual jail. License suspended for 90 days and restricted for 18 months with an ignition interlock device.
5/19/2011: CONTRA COSTA COUNTY (RICHMOND) .08% BAC 2ND OFFENSE DUI
Outcome: DUI CHARGES DISMISSED. CASE REDUCED TO RECKLESS DRIVING
Description: Client had an interesting a tricky situation. Having been previously convicted of DUI, he picked up two independent DUI arrests in both Contra Costa and Alameda Coutny. If either county learned of the other case, my Client faced a third offense DUI with a mandatory minumum 120 day jail sentence. I skillfully set both cases on preceding days and settled both as less serious second offenses. In this case, the DUI charges were actually DISMISSED! Client pled to a reduction to reckless driving pursuant to Vehicle Code section 23103.5 for three years of informal court probation, reduced fine of $1,150, 18 month DUI school and 4 days of SWAP in lieu of jail. License suspended for 90 days and restricted for 18 months with ignition interlock device.
5/18/2011: SAN MATEO COUNTY (SSF) .30% BAC 1ST OFFENSE DUI w/ HIGH BAC ENHANCEMENT
Outcome: Probation Granted, $1,805 Fine, 9 Month DUI School, 4 Days SWAP, NO JAIL
Description: Client was a good college student getting ready for graduation when she crashed her vehicle after consuming two "four loco" 40 oz alcoholic beverages. Apparently, these drinks combine the postive benefits of alcohol and energy drink into one and have in fact been banned in some places. Anyway, Client was in a world of trouble as her BAC was twice what would be the standard ENHANCEMENT for a DUI case (.30% BAC...the enhancement is .15%), and she was involved in a collision. I was able to nonethless portray my Client in a favorable light and we successfuly negotiated a settlement of the case for three years informal court probation, fine of $1,805, 9 month DUI school and four days of SWAP in lieu of jail. License suspended for 30 days and restricted for nine months.
5/17/2011 SAN FRANCISCO COUNTY .03% BAC 1ST OFFENSE UNDER 21 DUI
Outcome: CRIMINAL CASE DISMISSED. One Year License Suspension
Description: Client, an 18 year old high school graduate, was stopped by SFPD for a light violation. She later submitted to a preliminary breath test (PAS) which registered a .03% which qualified her for the under 21 zero tolerance DUI law. Although the DMV suspended her license adminstratively, I pursued her criminal case to trial on a "time not waived" basis and was able to get a dismissal as to all criminal charges.
5/12/2011 MARIN COUNTY .23% BAC 1ST OFFENSE DUI w/ HIGH BAC ENHANCEMENT
Outcome: ENHANCEMENT DISMISSED. THREE MONTH DUI SCHOOL, Fine & 9 AWOP
Description: Client was a recent college graduate who was pulled over near the 2 AM Club in Mill Valley after rolling a stop sign. Client had remarkably high BAC readings, .23%, and was arrested and charged with an enhanced DUI. I successfully negotiated a settlement of the case with the Marin District Attorney Expediter for three years informal court probation, fine of $1,894, 9 days of SWAP in lieu of jail and a THREE MONTH DUI SCHOOL. These cases typically mandate a 9 month DUI school, so this result was exceptional. Clients license was suspended for 30 days and restricted for five months (would have been restricted for nine months if the longer school had been ordered).
5/11/2011: SAN MATEO COUNTY (SSF) .08% BAC 1ST OFFENSE DUI
Outcome: DUI CHARGES DISMISSED. DMV HEARING WON: NO SUSPENSION
Description: Client accepted settlement offer of dismissal of DUI in exchange for plea to reckless driving misdemeanor (wet). Client received two years informal court probation, fine of $1,251, and 12 hour DUI school. WON DMV HEARING SO NO SUSPENSION, SR-22 OR THREE MONTH DUI SCHOOL.
5/11/2011: SAN MATEO COUNTY (SSF) DUI EXPUNGEMENT PETITION
Outcome: PETITON GRANTED. DUI CONVICTION DISMISSED
Description: In 2007, I defended a client charged with DUI in Redwood City. Regrettably, the client was convicted of a violation of Vehicle Code Section 23152(b), driving with a blood alcohol concentration greater than .08%. In 2011, I again represented client for the preparation of a Petition for Dismissal (expungment) of his 2007 DUI conviction. The Petition was granted and the client's prior criminal conviction for DUI was dismissed.
5/5/2011: SAN MATEO COUNTY (REDWOOD CITY) .14% BAC 1ST OFFENSE DUI
Outcome: Minimum Probation, 3 Month DUI School, $1,801 Fine, 2 Days SWAP
Description: Client was charged with DUI after she was followed by a Redwood City Police Officer for approximately one mile. We challenged the probable cause for the stop using investigator Alan McCann. Regrettably, our Motion to Suppress Evidence pursuant to Penal Code section 1538.5 was denied. Client eventually pled no contest to a violation of Vehicle Code section 23152(b) for three years of informal probation, two days of community service (SWAP), level one/3 month DUI school and find of $1,801. We were able to avoid a 30 day "hard" suspension of client's license and she only received a five month restriction.
4/28/2011: ALAMEDA COUNTY (OAKLAND) .13% BAC 1ST OFFENSE DUI
Outcome: DUI CHARGES DISMISSED. CASE REDUCED TO RECKLESS DRIVING
Description: Today I settled a .13% BAC first offense DUI in Alameda County, Oakland, for a "wet" reckless driving plea. Client was stopped for "weaving" within his lane. Although I believed probable cause to be questionable, Client took advantage of excellent settlement offer for dismissal of the DUI charges (and thus no ignition interlock device requirement), and a plea to reckless driving for two years of informal court probation, fine of $993 and a three month DUI school. Although Client avoided a mandatory suspension of his license, an administrative suspension by the DMV is likely and hence the license will be suspended for thirty days and restricted until the DUI school is completed.
4/27/2011: SAN MATEO COUNTY (SSF) .14% BAC 1ST OFFENSE DUI
Outcome: Probation Granted, $1,801 Fine, 3 Month DUI School, 2 SWAP
Description: Today I settled a tough case for a client who was stopped by the CHP for speeding, 89 MPH in a 65 MPH zone. She was subsequently arrested for DUI and provided a breath sample with a .14% BAC. Case resolved for minimum probation of three years, 3 month DUI school, two days of SWAP in lieu of jail and fine of $1,801. License suspended for thirty days and restricted for five months.
4/26/2011 SAN FRANCISCO COUNTY .16% BAC 1ST OFFENSE DUI w/ HIGH BAC ENHANCEMENT
Outcome: ENHANCEMENT DISMISSED. 3 MONTH DUI SCHOOL, Fine & NO JAIL/SWAP
Description: Today I settled another high BAC case (<.15%) in Department 17 of 850 Bryant Street. Client stopped by SFPD while asleep at the wheel while stopped at a red light. Subsequent breath test yielded result of .16% BAC. Case settled for minimum three year probation, 3 month DUI school, fine of $1,834 and NO JAIL, SWAP OR COMMUNITY SERVICE! License suspended for thirty days and restricted for five months.
4/25/2011: SAN FRANCISCO COUNTY .12% BAC 1ST OFFENSE DUI w/ COLLISION
Outcome: Probation Granted, $1,804 Fine, 3 Month DUI School, NO JAIL OR SWAP
Description: Today I settled a first offense DUI in Department 17 before Judge Donna Little that involved a breath test result of .12% BAC and a collision with another motor vehicle in an intersection. Although the BAC wasn't too high, collisions are serious enhancements in punishment. We successfully settled this case for minimum punishment of three years informal court probation, fine of $1,804, 3 month DUI school and NO JAIL OR SWAP. License suspended for 30 days and restricted for five months.
4/21/2011: CONTRA COSTA COUNTY (PITTSBURG) .22% BAC 3RD OFFENSE DUI w/ COLLISION
Outcome: Probation Granted, $1,806 Fine, 18 Month DUI School, 120 Days Jail
Description: Third offense DUI cases are by their nature, the most challenging misdemeanor cases. The minimum sentence in California is 120 days of actual jail and this can be a life changing event for a client. This case was no exception. Client was charged with third offense DUI in ten years this time after flipping his vehicle off the road with a BAC of .22%. Additionally, his license was still suspended from the second offense DUI. The initial DA offer was 180 days of jail. We responded with several continuances and Pre-Trials and eventually received an offer of 30 days jail with 90 days of residentia treatment. Client chose to serve jail, however, instead of treatment. Accordingly, the case settled for five years of informal probation, fine of $1,806, 18 month DUI school and 120 days of jail. License suspended for 90 days and restricted with ignition interlock device for 18 months.
4/21/2011: SAN MATEO COUNTY (SAN MATEO) 14601.2 & .5 DRIVING ON SUSPENDED LICENSE
Outcome: CHARGES REDUCED TO INFRACTION. NOMINAL FINE
Description: Today I settled a 14601.5 charge (driving on a suspended license pusuant to a DUI suspension) for an infraction, violation of Vehicle Code section 12500. Client received only a nominal fine, with no probation, jail or further license suspension. An excellent result as client faced minimum ten day jail sentence.
4/20/2011: ALAMEDA COUNTY (PLEASANTON) .12% BAC 2ND OFFENSE DUI
Outcome: Probation Granted, $1,796 Fine, 18 Month School, NO ACTUAL JAIL
Description: Today I settled a second offense DUI in Department 704 for the minimum possible punishment. Client was stoped for running a red light and subsequently tested at a .12% BAC by blood analysis. Case settled for five years informal court probation, fine of $1,870, ignition interlock device ("IID") for one year, 18 month DUI school and ten days of SWAP in lieu of jail. License suspended for 90 days and restricted for 18 months.
4/8/2011: SAN FRANCISCO COUNTY .13% BAC 1ST OFFENSE DUI
Outcome: CRIMINAL CASE DISMISSED. 30 Day License Suspension, 3 Month DUI School, SR-22
Description: Client passed out behind the wheel of his vehicle at a stop light after attending a sporting event in the City. CHP woke him up and subsequently arrested him for DUI with a breath test result of .13%. Criminal charges were subsequentl DISMISSED due to the lack of driving evidence. DMV upheld the suspension, however, and client was required to suffer four month suspension and obtain an SR-22. Client only required to enroll in the First Offender Program (DUI School) if he wanted to obtain "restricted license."
4/8/2011: SAN MATEO COUNTY (SSF) 1ST OFFENSE DUI REFUSAL
Outcome: REFUSAL ALLEGATION STRICKEN. Probation Granted 3 Month DUI School
Description: Today I settled a first offense DUI w/ a refusal special allegation for a reduced sentence of three years probation, fine of $1,806, THREE MONTH DUI SCHOOL, and two days of SWAP in lieu of jail. Regrettably, the license was suspended by DMV for one year for the refusal allegation. I offered to take client's criminal case to trial "pro bono" but she did not want to take the risk and accepted this reduced sentence where the resfusal allegation was dismissed.
4/7/2011: CONTRA COSTA COUNTY (RICHMOND) .19% HIGH BAC 1ST OFFENSE DUI w/ DMV PRIOR
Outcome: Probation Granted, $1,876 Fine, 6 Month DUI School, 2 SWAP
Description: This was a tough case, primarily because the client was so difficult. Client had previously been arrested for DUI and his criminal case was dismissed on a motion to suppress evidence. Client did, however, suffer an administrative suspension at the DMV. Strangely, the Client did not hire his prior attorney who got his case dismissed (or he refused to represent him) and instead retained me. Client was stopped by the police after a witness reported him throwing up and nearly crashing into a parked car. Client provided a blood sample with BAC of .19% and even urinated himself. I nevertheless challenged the probable cause for the stop and the motion was denied. The case eventually settled for a first offense, three years of probation, fine of $1,876, 6 month DUI school and two days of SWAP in lieu of jail. License suspended administratively by DMV for one year.
4/6/2011: SAN FRANCISCO COUNTY .14% 1ST OFFENSE DUI
Outcome: Probation Granted, $1,801 Fine, 3 Month DUI School, NO JAIL OR SWAP
Description: Today I settled a first offense DUI in Department 17 at the Hall of Justice before Judge Donna Little. Client was stopped by the CHP for speeding and weaving. She subsequently blew a .14% BAC breath test. I successfully settled the case for minimum punishment of three years informal court probation, fine of $1,801, 3 month DUI school and NO JAIL, SWAP OR COMMUNITY SERVICE. License suspended for 30 days and restricted for five months.
4/5/2011: SAN FRANCISCO COUNTY .15% HIGH BAC 1ST OFFENSE DUI w/ COLLISION
Outcome: ENHANCEMENT DISMISSED. 3 MONTH DUI SCHOOL, Fine & NO JAIL/SWAP
Description: Today I settled a tough case that required multiple Pre-Trial Conferences for a client who had been in a total loss collision on the Bay Bridge and subsequently provided a blood sample which yielded a .15% BAC. DA initially wanted long DUI program, 10 SWAP and ignition interlock device. In Department 17, I finally settled the case for minimum three years of probation, fine of $1,804, 3 month DUI school and NO JAIL, SWAP OR COMMUNITY SERVICE.
3/29/2011: SAN FRANCISCO COUNTY TRAFFIC COURT BENCH TRIAL
Outcome: CHARGES DISMISSED
Description: This case was a collateral matter that I handled for a DUI client. Aware that any additional points on her driving record might qualify her for a Negligent Operator license suspension, we set the seperate speeding ticket on a bench trial. After two long court appearances: CHARGES DISMISSED.
3/18/2011: SAN FRANCISCO COUNTY .16% HIGH BLOOD BAC 1ST OFFENSE DUI
Outcome: CRIMINAL CASE DISMISSED. 30 Day License Suspension, 3 Month DUI School, SR-22
Description: Client was stopped by the CHP in San Francisco for weaving and driving too slowly. Although she submitted to two preliminary breath tests at .16% and a subsequent blood sample of .16%, the criminal case was consequently DISMISSED. Client suffered a one month license suspension, five months of restriction and the requirements of a 3 month DUI school and SR-22 filing.
3/17/2011: SANTA CLARA COUNTY (SAN JOSE) .12% BAC 1ST OFFENSE DUI
Outcome: Probation Granted, Fine, 3 month DUI School, NO JAIL
Description: Today I settled a case in Department 47 in San Jose, a county notoriously tough on DUI cases. Client stoped by local police after commiting an illegal U-Turn in a business district. A subsequentl breath test showed a .12% BAC. I successfully negotiated a settlement of the case for the minumum three year probation term, fine of $1,850, 3 month DUI school, and 5 days of SWAP (community service) in lieu of actual jail time. License suspended for thirty days and restricted for five months.
3/14/2011: MARIN COUNTY .16% BAC 2ND OFFENSE DUI w/ PROBATION VIOLATION
Outcome: Enhancement Dismissed, Minimum Probation, One Year License Suspension
Description: Client was stopped for talking on her cell phone by CHP and subsequently blew a .16% BAC. Client was previously on probation for a "wet" reckless conviction so this was a second offense DUI with .15% and above enhancement and probation violation. Case settled for dismissal of the enhancement, minimum three years informal court probation, fine of $2,465, 18 month DUI school, 5 days of community service (AWOP/SWAP) and four days of actual jail custody. License suspended for one year as a result of the probation violation.
3/11/2011: ALAMEDA COUNTY (OAKLAND) .12% BAC 1ST OFFENSE DUI
Outcome: DUI CHARGES DISMISSED. CASE REDUCED TO RECKLESS DRIVING
Description: Client stopped for speeding (85 mph in 55 zone) by the CHP and subsequently blew a .12% BAC. As a DUI conviction in Alameda County results in a mandatory Ignition Interlock Device ("IID"), we negotiated this case in pre-trial conference several times until finally the DA was convinced to dismiss the DUI and reduce the charges to reckless driving (wet). Client received greatly reduced sentence of three years of informal probation, fine of $973 and 3 month DUI school. NO JAIL OR SWAP. Client's license suspended administratively for one month and restricted for five months.
3/9/2011: ALAMEDA COUNTY (HAYWARD) .14% BAC 2ND OFFENSE DUI w/ PROBATION VIOLATION
Outcome: Probation Granted, $1,796 Fine, 18 Month School, NO ACTUAL JAIL
Description: Client arrested for second offense DUI while on probation for first offense. Client stopped for defective brake light and blew a .14%. Successfully negotiated settlement of case in Department 501 where client received three years of informal probation, 18 month DUI school, fine of $1,796 and 9 days of community service (SWAP) in lieu of actual jail. license susspended for one year due to probation violation/2nd offense by DMV.
3/7/2011: SAN FRANCISCO COUNTY .21% HIGH BAC 1ST OFFENSE DUI
Outcome: ENHANCEMENT DISMISSED. THREE MONTH DUI SCHOOL, Fine & 4 SWAP
Description: Today I settled a high BAC (>.15%) first offense DUI in Department 17 at 850 Bryant Street. Client stopped for failure to maintain lane and subsequently provided two breath tests reading .21%. Client desperately needed three month DUI school which was a feat considering that the 9 month school is typically required. Case resolved for minimum three year probation, fine of $1,794, THREE MONTH DUI SCHOOL, and four days of SWAP (community service) in lieu of actual jail time. License suspended for thirty days and restricted for five months. Client's license would have been restricted for nine months if the longer program was required. An excellent result.
2/28/2011: SAN MATEO COUNTY (SSF) .22% BAC 1ST OFFENSE DUI WITH COLLISION
Outcome: Probation, Fine, No Jail & THREE MONTH DUI SCHOOL.
Description: Today I settled a high BAC DUI case in South San Francisco at Pre-Trial Conference for an exceptional result. Client was stopped by police after observed driving his vehicle on its rims which created sparks that drew the attention of officers. Client subsequently submitted to four breath tests, all above a .20%, with the highest being a .22%. Case settled for remarkable result of three years informal court probation, fine of $1,721, THREE MONTH DUI SCHOOL, and four days of SWAP. Client's license suspended for thirty days and restricted for five months. Cases like these typically require a 9 month DUI school and a possible ignition interlock device, so this result was indeed remarkable.
2/24/2011: SAN FRANCISCO COUNTY .21% BAC FIRST OFFENSE DUI W/ VEHICLE COLLISION
Outcome: ENHANCEMENT DISMISSED & 3 MONTH DUI SCHOOL
Description: Today I settled a difficult case for a client who had been involved in a significant collision with another driver on the Embarcadero in San Francisco. Client submitted to breath test with result of .21% BAC, thus making the 9 month DUI school a probability. I negotiated a disposition of the case in which the special allegation for excessive BAC was dismissed and client received three years informal court probation, fine of $1,710, THREE MONTH DUI SCHOOL, three days of SWAP (no actual jail) and 25 AA meetings. Client required to pay restitution to driver of other vehicle for property damage. Client's license suspended for thirty days and restricted for five months per DMV. An excellent result as the DA initially wanted a 9 month DUI school and installation of an ignition interlock device ("IID").
2/18/2011: SAN FRANCISCO DMV .08, .09% BAC ADMINSTRATIVE PER SE SUSPENSION HEARING
Outcome: DMV "SET ASIDE" NO LICENSE SUSPENSION HEARING WON
Description: Today I received the Notification of Findings and Decision for a DMV hearing I submitted at the San Francisco Driver Safety Office on February 15, 2011. My client previously settled his San Mateo County DUI case for a reduction to reckless driving which meant that his DMV hearing meant everything. For the hearing, we retained forensic toxicologist Halle Weingarten who along with my client provided compelling testimony regarding a "rising" BAC. Additionally, I presented documents from the District Attorney's Office which tended to prove that the breath device was testing approximately .005% high...not much, but just enough to convince the hearing officer on a .08%, .09% BAC case. NO LICENSE SUSPENSION FOR CLIENT, NO SR-22, AND NO 3 MONTH DUI SCHOOL. Excellent result on a budget. Client's total costs approximately $2,500 excluding the court.
2/16/2011: SAN FRANCISCO 2007 DUI EXPUNGEMENT PETITION
Outcome: PETITION GRANTED. DUI CONVICTION DISMISSED.
Description: Today I finally resolved a 2007 DUI conviction for a former client by way of filing a Petition for Expungement pursuant to Penal Code Section 1203.4. I appeared in Department 18 and the Petition was granted thus dismissing the prior conviction and giving the client a clean record. The expungement is the "full circle" of DUI defense and assuming the client never gets arrested again, her record will be nearly clean as it was when she first hired me some years ago. Being retained by former clients to complete expungement petitions is the greatest compliment an attorney can get after representing them years ago.
2/14/2011: SAN MATEO COUNTY (SSF) .14% BAC SECOND OFFENSE DUI W/ PUBLIC DRUNKENESS PRIOR
Outcome: CRIMINAL CASE DISMISSED!
Description: Today I got a second offense DUI in San Mateo County, South San Francisco, DISMISSED! I filed a Motion to Suppress Evidence based on the fact that the tip that my client was DUI was not corroborated. I Pre-Tried the case last week and the DA wouldn't even consider my client's 150 plus AA meetings and 3 months of sobriety. The court offered 3 years of probation, fine of over $2,000, 18 month DUI school and 30 days JAIL. The DA's Office in San Mateo has been really slouching lately and not discovering evidence and just assuming the court would be cool with it. Anyway, we rejected the offer and then on the day of the hearing, the DA mad a motion to continue because they had not subpoenaed the dispatcher. The court finally agreed that the DA failed to exercise "due dilligence" and my client's case was DISMISSED! Still lost DMV, however, so client will have four months of suspension, an IID requirement and 18 month DUI school, but NO CRIMINAL CONVICTION.
2/9/2011: ALAMEDA COUNTY (FREMONT) 2008 RECKLESS DRIVING CONVICTION EXPUNGEMENT
Outcome: PETITION GRANTED. RECKLESS DRIVING DISMISSED
Description: Today I resolved a former client's conviction for reckless driving by way of a Petition for Expungement which resulted in his prior conviction for reckless driving (dry) being dismissed. In 2008, I represented client for a DUI which we took to jury trial. On the day of trial I squeezed the DA for discovery and he subsequently caved and offered my client a non-alcohol reltated reckless driving offer. The significantly reduced sentence allowed us to complete the expungement petition in short order and now this incident is a distant memory for my former client. All around, a great final result.
1/27/2011: SAN MATEO COUNTY (REDWOOD CITY) .10% BAC BLOOD TEST FIRST OFFENSE DUI
Outcome: DUI DISMISSED. CASE REDUCED TO RECKLESS DRIVING
Description: Today I resolved a case for my client in Redwood City. Client was stopped on US 101 in San Mateo County for weaving and driving too slowly. A subsequent blood test revealed a BAC of .10%, which can be borderline for a reduction in San Mateo County. Thankfully, I was able to negotiate a favorable pre-trial result with my client entering a plea of "no contest" to the reduced charge of "reckless driving" pursuant to Vehicle Code section 23103.5. Client received reduced sentence of two years informal court probation, fine of $1,450, 12 hour DUI school and NO JAIL OR SWAP. Due to the reduction, Client suffered no immediate license suspension and we now live to fight another day at the DMV. If successful, we may save his license, and SR-22 filing and a 3 month DUI School. Case to be updated after DMV.
1/25/2011: ALAMEDA COUNTY (HAYWARD) .12% BAC FIRST OFFENSE DUI
Outcome: DUI DISMISSED. CASE REDUCED TO RECKLESS DRIVING
Description: Today I appeared for a critically important Pre-Trial Conference for my client who presented me with the problem that she would lose her employment if she lost her license. After much negotiation, I was able to get her DUI dismissed for entry of a plea of "no contest" for reckless driving under Vehicle Code section 23103.5. Client received greatly reduced sentence of three years of informal court probation, fine of $910, and 12 hour DUI school. NO JAIL OR SWAP AND NO MANDATORY LICENSE SUSPENSION. .12% cases don't normally clear the DUI hurdle in court, so now the final matter resides in the hands of the hearing officer at the Oakland Driver's Saftey Office. We've retained Halle Weingarten on a wing and prayer that we may still sway the DMV and ultimately save my client's license, and more importantly, her job. To be updated.
1/21/2011: ALAMEDA COUNTY (PLEASANTON) DRIVING ON SUSPENDED LICNESE (CVC 14601)
Outcome: DRIVING ON SUSPENDED LICENSE DISMISSED, CASE REDUCED TO CVC 12500
Description: 1/21/11: A former multiple DUI offender client was stopped by police in Pleasanton for excessive window tint. Client had been stopped for this previously and had allowed a citation on that matter to go to collections. Accordingly, his driver's license was susepended at the time of his driving and he was arrested for driving on a suspended license, Vehilce Code section 14601(a), a misdeanor, and his car was impounded. I appeared on my client's behalf SEVERAL TIMES to request extensions of time to allow me to assist my client in getting the "hold" removed from his license and subsequently getting his driving privilege reinstated. After three Pre-Trial Hearings, Client was able to get his license back and his case was greatly reduced to a violation of Vehicle Code Section 12500 (driving without license in possession). Client received modest probation and a fine. Most important, however, was that I did the leg work to GET MY CLIENT HIS LICENSE BACK! DMV can be a virtual nightmare to deal with multiple suspensions and truly believe that this case allowed me to really help someone albeit at a cost to my bottom line. But as my saying goes, excellent results that lead to referrals are worth ten times the value of a high priced flat fee that leaves the client feeling used by the attorney.
1/19/2011: SAN FRANCISCO COUNTY .14% BAC BREATH TEST FIRST OFFENSE DUI
Outcome: DUI DISMISSED. CASE REDUCED TO RECKLESS DRIVING
Description: Today I settled a .14% BAC first offense DUI in San Francisco at the Hall of Justice for an amazing result. Client was stopped for failing to maintain his lane of travel by the CHP and subsequently gave two .14% breath test samples. Arrested and charged with DUI, we expected a drunk driving conviction. I successfully negotiated the case with the district attorney for a settlement for reckess driving ("wet") and all DUI charges were dismissed. Client received a greatly reduced sentence of 18 months probation, fine of $1,064, and a three month DUI school. No SWAP and no mandatory license suspension. DMV hearing remains pending, but suspension likely. Cases with this high BAC rarely, if ever, get reduced to reckless driving, so this was a tremendous result for a client who was unemployed at the time and really needed the break.
1/19/2011: SAN FRANCISCO COUNTY .10% BAC BREATH TEST FIRST OFFENSE DUI
Outcome: DUI DISMISSED. CASE REDUCED TO RECKLESS DRIVING
Description: Today I settled a first offense DUI for my client who was arrested by the CHP on the Bay Bridge for swerving and failing to maintain his lane. Client had significant language barrier with police, but performed well on field sobriety tests anyway. Breath tests at the scene reported BAC at .10% with an evidential test reported at .09%. Case settled and all DUI charges were dismissed. Client accepted plea for reckless driving ("wet") for greatly reduced sentence of 18 months of probation, fine of $1,064, 12 hour DUI school and NO SWAP, jail or community service. No mandatory license suspension and DMV hearing remains alive with hope of a set aside with expert testimony from Halle Weingarten.
1/19/2011: SAN FRANCISCO COUNTY DUI CONVICTION EXPUNGEMENT PETITION
Outcome: PETITION GRANTED. DUI CONVICTION DISMISSED.
Description: Today I appeared in Department 18 of the San Francisco Hall of Justice for a former client of mine who suffered a conviction for DUI in 2007. Having successfully completed all of the terms and conditions of his probation, he became eligible to have the conviction expunged. Accordingly, I prepared his petition and appeared for the hearing on the matter. The petition was granted and client received a signed Order of Dismissal. Without any other conviction on his record, the client now can legally claim a clean record. While a dismissal of the original DUI charge is always optimal, a successful expungement of the conviction is the next best thing and something I highly recommend to anyone who serves probation on a misdemeanor offense.
1/14/2011: SAN MATEO COUNTY (REDWOOD CITY) RECKLESS DRIVING CONVICTION EXPUNGEMENT
Outcome: PETITION GRANTED. RECKLESS DRIVING CONVICTION DISMISSED.
Description: In 2008, I represented a client arrested for DUI in Redwood City. I successfully negotiated a reduction to reckless driving so his probation was reduced to two years instead of 3 to 5 which would flow from a DUI. Client successfully completed probation and retained me to file a petition for expungment. Within a month, the petition was granted and his criminal conviction was dismissed and we obtained a signed Order of Dismissal. Now client has a clean record and can put the whole DUI incident behind him forever.
1/12/2011: SAN MATEO COUNTY (REDWOOD CITY) .14% BAC BLOOD TEST FIRST OFFENSE DUI
Outcome: DUI CHARGES DISMISSED. Case Reduced to Reckless Driving
Description: This was a tough case. Client arrested for speeding by CHP on I-280 going 80 mph. DUI investigation follows with client allegedly performing poorly on field sobriety tests. Client answers CHP questions poorly telling the officer he had one glass of wine several hours ago. Although client refused PAS device, he later submitted to a blood test which returned a .14%. D.A. of course offered DUI conviction, but client decided to take his case to jury trial instead. Jury was sworn and officer cross examined. DA attempted, during trial, to introduce evidence of blood test without first producing records during discovery. I objected and DA caved offering my client a reckless driving plea during the middle of trial. Client accepted the offer and received two years informal court probation, reduced fine of $1,200, and 12 hour DUI school. NO JAIL, SWAP, COMMUNITY SERVICE OR MANDATORY LICENSE SUSPENSION. DMV hearing remains pending.
1/12/2011: SAN MATEO COUNTY (REDWOOD CITY) .10% BAC 1ST OFFENSE DUI
Outcome: DUI CHARGES DISMISSED. DMV HEARING WON: NO SUSPENSION
Description: Today I settled a first offense DUI in Redwood City for a plea to the reduced charge of reckless driving ("wet") meaning priorable within ten years. Client received reduced sentence of two years probation, 12 hour DUI school, fine of $1,441 and NO JAIL OR SWAP. Subsequently WON DMV HEARING and client suffered no license suspension or SR 22 requirement.
1/7/2011: OAKLAND (EL CERRITO) .10% BAC BLOOD TEST 1ST OFFENSE DUI DMV HEARING
Outcome: DMV 'SET ASIDE" NO LICENSE SUSPENSION & NO SR-22!
Description: I appeard at the El Cerrito office of the Oakland Driver's Safety Office with my client and expert witness and forensic toxicologist Halle Weingarten. As I had previously settled the client's case in Pleasanton for a reckless driving conviction. Accordingly, the DMV hearing meant everything. Although client had a .10% BAC by way of blood test, we successfully argued that his BAC was rising at the time of driving and that the arresting officer was not credible. The Hearing Officer ruled in our favor and his license suspension was "Set Aside." This a victory in DMV terms and meant that my client avoided a license suspension, an SR-22 filing and the requirement of a three month DUI school. An excellent result for a client on a budget and no time for a jury trial.
1/6/2011: MARIN COUNTY .18% BAC FIRST OFFENSE DUI W/ HIGH BAC ENHANCEMENT
Outcome: SPECIAL ALLEGATION STRICKEN 3 MONTH SCHOOL AND NO SWAP
Description: Today I settled a first offense DUI in San Rafael before Commisioner Beverly Wood. Client was stopped for turning the wrong way on the freeway by the CHP and submitted to a .18% BAC breath test. Although the criminal case was strong, the DMV paperwork was incomplete giving rise to a subpoena of the arresting officer. Without charging the client any extra money, I obtained an extra continuance of the criminal case to give us a shot at the DMV based on an officer failure to appear. Although the officer appeared and the DMV upheld the suspension, I was able to get the client an important extension of his driver's license through the holidays which was an important issue for him. The special enhancement for a BAC in excess of .15% was dismissed and client received minimum sentence of three years of informal court probation, fine of $1,705 (minus for two days credit for time served), and required to enroll in and complete level one/3 month DUI school. No jail, SWAP or community service. Client's license suspended for thirty actual days with five months of restriction with SR-22 coverage. Although the case could not be won, the client was assisted to meet his driving schedule and we had a legitimate opportunity at the DMV. Under better circumstances, the officer would not have appeared for the DMV hearing and we could have won it....on a .18% case! You can't win them all and the client seemed happy with the case strategy which helped him deal with a really tough case.
12/22/2010: SAN FRANCISCO COUNTY .09% BAC FIRST OFFENSE DUI BREATH TEST CASE
Outcome: CASE DISMISSED & NO CRIMINAL CONVICTION
Description: I appeared today at the Hall of Justice for client who was arrested for DUI after submitting to four breath tests, .09% and three .08%'s. Appeared in Department 14, discussed the case with the prosecutor and result=CASE DISMISSED. DMV case remains pending and hopeful for "set aside" with expert witness testimony from Halle Weingarten.
12/20/2010: ALAMEDA COUNTY (OAKLAND DMV) .08% BAC UNDER 21 "ZERO TOLERANCE" DMV HEARING
Outcome: DMV "SET ASIDE" NO LICENSE SUSPENSION, NO DUI SCHOOL, NO SR-22 FILING
Description: On November 16, 2010, I appeared on my client's behalf for his DMV hearing. Client was a sixteen year old who blew a .08% on a preliminary breath test (PAS) and was arrested for DUI, fleeing the police and causing a collision. Although no criminal case was ever filed, client still faced a one year suspension of his license if he lost his "zero tolerance" DMV hearing where the DMV only needed to establish that his BAC was .01% or greater. My objections to the admissibility of the PAS device numbers were sustained due to a lack of foundation and I subsequently won his DMV hearing. No license suspension, no DUI school and no SR-22. A remarkable result considering the facts of the case.
12/17/2010: ALAMEDA COUNTY (OAKLAND) .22% BAC 1ST OFFENSE DUI WITH HIGH SPEED ENHANCEMENT
Outcome: SPEED ALLEGATION DISMISSED. NO JAIL OR SWAP
Description: Today I settled a high BAC (.22% by blood test) in Oakland. Client was stopped by the CHP for traveling 103 MPH in a 55 MPH zone. Client was subsequently charged with both an excessive BAC (>.15%) enhancement and a reckless driving enhancement. The law requires a driver convicted of DUI while traveling more than 30 MPH over the speed limit on an interstate to receive a sentence of no less than 60 days in the county jail. I successfully resolved the case today for minimumized sentence of three years informal court probation, fine of $1,813, 9 month DUI school and NO JAIL OR SWAP. Client received thirty day suspension followed by nine months of restricted license. Due to the new legislated ignition interlock requirement for the Alameda County pilot program, client will have to install and maintain an ignition interlock device (IID) prior to obtaining his license.
12/15/2010: SANTA CRUZ COUNTY .08% BAC FIRST OFFENSE DUI
Outcome: DUI CHARGES DISMISSED. Case Reduced to Reckless Driving
Description: In an unfortunate case, my client was stopped after attending his high school reunion in Santa Cruz for having a burned out headlight. Client performed well on field sobriety tests and submitted to four breath samples of .08% BAC. After multiple court appearances, the client accepted a plea bargain for a reduced sentence to reckelss driving (wet). Client received three years of informal court probation, fine of $1,515 and a 12 hour DUI school. NO JAIL, SWAP OR COMMUNITY SERVICE. Client suffered no mandatory license suspension. We appeared together for client's DMV hearing in Santa Clara on December 17, 2010 with forensic toxicologist Halle Weingarten. Although Hearing Officer Huang is notoriously strict with license suspensions, we made a strong case and are presently awaiting a postive result.
12/13/2010: SAN MATEO COUNTY (SOUTH SAN FRANCISCO) .09% 1ST OFFENSE DUI W/ COLLISION
Outcome: DUI CHARGES DISMISSED. CASE REDUCED TO RECKLESS DRIVING: NO JAIL/SWAP
Description: Today I settled a difficult case in South San Francisco, the Northern Branch courthouse for San Mateo County. Client was involved in major property damage collision when she struck a disabled vehicle on Interstate 101. Client subsequently blew a .09% BAC via breath test. Case settled short of trial for dismissal of DUI charges and reduction to reckless driving (wet). Client received reduced sentence of two years informal court probation, reduced fine of $1,455, and a 12 hour DUI school as opposed to the normal three month course. NO JAIL, SWAP, COMMUNITY SERVICE OR MANDATORY LICENSE SUSPENSION. Case continued for determination of restituion (damages to the victim), which should be covered by insurance. I assisted client with the claims process and ensured that she received her total loss settlement check in a timely manner. DMV hearing remains pending but we have retained forensic toxicologist Halle Weingarten and are hopeful to avoid a license suspension.
12/6/2010: SAN MATEO COUNTY (SSF) 2007 DUI EXPUNGEMENT PETITION FOR DISMISSAL
Outcome: PETITION GRANTED. DUI CONVICTION DISMISSED.
Description: Today I received and Order of Dismissal for my client's 2007 second offense DUI case in South San Francisco. Client initially charged with two DUI's in 2007, but one was out of state. I set the case for both a Motion to Suppress Evidence and a "no time waiver" jury trial (meaning that the case must proceed to trial in no less than 30 days). DA was unable to verfity the out of state prior and client eventually pled to simple first offense DUI. Expungement Petition granted, client's "guilty" plea changed to "not guilty" and the case was ordered dismissed.
12/6/2010: SANTA CLARA COUNTY (SAN JOSE) .09% BAC 1ST OFFENSE DUI
Outcome: DUI CHARGES DISMISSED. CASE REDUCED TO "DRY" RECKLESS; NO DUI SCHOOL & JAIL
Description: Santa Clara County is a notoriously prosecution friendly jurisdiction and DUI cases are no exception. Case in point: My client was stopped for speeding (83 mph in 65 mph zone), and was subsequently investigated for DUI. Client blew two roadside tests of .09% and .07% and was arrested. Pursuant to Title 17, client later provided two breath samples of .07% and .06%. While in many counties this case would never be filed, San Jose not only filed a DUI against my client, but the District Attorney would only offer a WET RECKLESS driving conviction at pre-trial. Although I hadn't been paid to do so and with the consent of my client, we refused the offer and set the case for Jury Trial. On the day of trial (today), my client accepted a further reduced offer of misdemeanor reckless driving (DRY). For that offense, my client received two years of informal probation and was required to pay a fine of $770. NO DUI SCHOOL, NO LICENSE SUSPENSION, AND NON-PRIORBALE CONVICTION.
12/3/2010: ALAMEDA COUNTY (PLEASANTON) .25% BAC 2ND OFFENSE DUI W/ COLLISION
Outcome: SPECIAL ALLEGATION STRICKEN & NO ACTUAL JAIL
Description: Today I settled a difficult case in Department 703 in Pleasanton before Judge Jacob Blea, III. Client stopped for driving without headlights and subsequently striking a curb. Client had suffered prior conviction for DUI out of San Francisco County in 2007 and just finished probation prior to this second offense. Negotiated settlement of case for NO JAIL, five years of informal probation, fine of $1,870, and twenty (20) days of SWAP (sheriff's work alternative program). Multiple Offender DUI school ordered (18 month) and client's license suspended per conviction for two years. Ignition Interlock Device ("IID") ordered for three years as result of conviction. Special enhancement for high BAC dismissed.
12/1/2010: SAN MATEO COUNTY (SSF) .09% BAC FIRST OFFENSE DUI
Outcome: DUI CHARGES DISMISSED. Case Reduced to Reckless Driving
Description: Today I settled a low BAC, .09% breath test in South San Francisco at Pre-Trial Conference. Client was stopped for speeding (83 mph in 65 mph zone). Although his field sobriety tests were good, Client's admitted drinking pattern wasn't a good fit for a "rising BAC defense." Case settled for a dismissal of all DUI charges. Case was amended to reduced offense of reckless driving that is priorable under DUI law ("Wet" reckless/Vehicle Code section 23103.5). Client received reduced sentence of two years informal court probation, fine of $1,455, 12 hour DUI school (instead of the standard 3 month program), and NO JAIL, SWAP OR COMMUNITY SERVICE. No mandatory license suspension
11/16/2010: ALAMEDA COUNTY (OAKLAND) 2007 DUI EXPUNGEMENT PETITION & ORDER FOR DISMISSAL
Outcome: PETITION GRANTED. DUI CONVICTION DISMISSED.
Description: In 2007, I represented a client in Oakland who was regrettably convicted of his first DUI offense. Like many of my clients, he completed all of the terms and conditions of his probation without a hitch. Once his probation terminated, we filed a Petition to Disimiss his case (expungement) pursuant to Penal Code section 1203.4. The matter was heard in Department 115 and the petition was summarily granted. Client's 2007 conviction was dismissed and his criminal record returned to a prestine state with NO CONVICTIONS. Accordinlgy, he was relieved of all the penalties of the offices. An expungement, however, does not affect the DMV nor does it wipe out the ability of the prior offense to become a second offense if the individual is covicted of DUI again in 10 years. Like most of my clients, this is highly unlikely and for all points and purposes, his DUI case is now officially closed. Again, expungement is the final and perhaps most important steop to finalizing DUI and Reckless Driving convictions after probation is successfully terminated. Individuals can have extensive criminal records, so expungements can be a limited utility. It was imporant to consult with an attorney immediately once you've completed any form of probation.
11/2/2010: SAN FRANCISCO COUNTY .13% BAC 1ST OFFENSE DUI & MARIJUANA POSSESSION
Outcome: DUI CHARGES DISMISSED. Case Reduced to Reckless Driving
Description: Today I settled a case for an out of state defendant who was visiting San Francisco when he was pulled over for running a red light. Client blew a .13% BAC and was arrested for DUI and marijuana possession. I successfully settled the case as the DUI and marijuana possession charges were dismissed. Case was reduced to reckless driving pursuant to 23103.5. Client received reduced sentence of three years of court probation, fine of $1,060 and a three month DUI school via a correspondence course. An excellent result as DUI cases with this level of BAC are very rarely reduced to reckless driving. Client's ability to drive in California was suspended administratively by the DMV for four months.
10/29/2010: SAN FRANCISCO 1ST OFFENSE DUI DMV LICENSE SUSPENSION HEARING
Outcome: DMV 'SET ASIDE" NO LICENSE SUSPENSION!
Description: Today, I received notification that I was able to secure a "set aside" of my client's driver's license suspension following an arrest for DUI in Marin County. Client had four breath tests all registering .09% BAC. Client retained forensic toxicologist Halle Weingarten. We successfully rebutted the DMV presumption of guilt and SAVED CLIENT'S DRIVER'S LICENSE. Criminal case remains pending probable jury trial.
10/29/2010: ALAMEDA COUNTY (OAKLAND) DRIVING ON SUSPENDED LICENSE AND SPEEDING
Outcome: CASE DISMISSED AS TO ALL CHARGES
Description: Client stopped for driving on suspended license and speeding in connection with my representation of her in prior DUI case. I appeared today for bench trial and all charges were dismissed. Client faced significant penalties, license suspension and increased insurance costs.
10/29/2010: ALAMEDA COUNTY (OAKLAND) .23% BAC FIRST OFFENSE DUI W/ HIGH BAC ENHANCEMENT
Outcome: SPECIAL ALLEGATION STRICKEN 3 MONTH SCHOOL AND NO SWAP
Description: Settled tough high BAC case in Oakland today for minimum punishment. Special allegation dismissed and client received 3 years of probation, fine of $1,800 and 3 month DUI school. 9 month school is normally required so this was quite a victory. License suspended for 30 days and restricted for five months. If client got 9 month school, license would have been restricted for 10 months!
10/26/2010: SAN LUIS OBISBO COUNTY 14601.2 DUI SUSPENSION CASE W/ PROBATION VIOLATION
Outcome: $250 FINE. CASE REDUCED TO INFRACTION
Description: Today I settled a very difficult license case for a person who had suffered two prior suspensions for negligent operator and and DUI. In a case some DMV connections of mine callled "impossible", I was able to get a probationary license from the DMV in San Luis Obisbo. Subsequent to that, I got the misdemeanor driving on a suspended license case and probation violation (which carried a 20 day jail sentence) reduced to a CVC 12500 infraction. Client received NO PROBATION and was only required to pay a fine in the amount of $250. A kick ass result considering the mess this client came to me with.
10/25/2010: SAN MATEO COUNTY (SOUTH SAN FRANCISCO) .14% BAC THIRD OFFENSE DUI
Outcome: RESIDENTIAL TREATMENT & SWAP= NO ACTUAL JAIL
Description: Third offense DUI cases are the most difficult to settle especially in conservative jurisdictions like San Mateo County. By statute, third offense DUI's require a minimum 120 jail sentence. More commonly, individuals in San Mateo typically receive 8 month sentences. Today I settled such a case for three years of formal probation, fine of $2,391, 18 month DUI school, 3 months of residential alcohol treatment and 59 days of SWAP in lieu of actual jail. NO ACTUAL JAIL License revoked for three years.
10/18/2010: SACRAMENTO COUNTY .24% BAC 2ND OFFENSE DUI W/ PROBATION VIOLATION
Outcome: Probation Granted. 4 Days Jail; 16 days SWAP
Description: Today I successfully settled a second offense DUI case with a high BAC enhancement, .24%, and a probation violation (prior DUI in 2008), for minimum sentence. Client received four years of informal probation, four days of actual jail, 16 days of SWAP, fine of approximately $2,200, 18 month DUI school. License suspended for one year and restricted for one year.
10/12/2010: SAN FRANCISCO COUNTY .22% BAC 1ST OFFENSE DUI WITH SPECIAL ENHANCEMENT
Outcome: ENHANCEMENT DISMISSED. 3 MONTH DUI SCHOOL; PROBATION, FINE, 3 DAYS SWAP
Description: Client was stopped in the early morning by the University of California Police Department for running a red light and operating a vehicle with the car alarm system activated. Client blew a high BAC of .22% and was subsequently charged with a DUI with special enhancement for high BAC (greater than .15%). BAC's in excess of .20% almost always mandate a 9 month DUI school and a subsequent 10 month suspension/restriction on a first offense DUI. While many lawyers concede this issue, I ALWAYS fight for a standard level one three month DUI school for my clients who have either a high BAC or have refused a chemical test. Although not always successful, I often achieve this goal for my clients as I did today in Department 17 in San Francisco. The special enhancement was dismissed and my client received a minimum sentence of: three years of informal probation, fine of $1,850, THREE MONTH DUI SCHOOL, and three days of SWAP (community service) in lieu of actual jail time. License suspended for thirty days and restricted for five months.
10/1/2010: SAN FRANCISCO COUNTY .14% BAC 1ST OFFENSE DUI INVOLVING SPEED OVER 80 MPH
Outcome: DUI DISMISSED. CASE REDUCED TO RECKLESS DRIVING
Description: Today I appeared in Department 13 at the Hall of Justice on my client's first offense .14% blood test DUI case in San Francisco for Pre-Trial Conference. The conference went extremely well as I was able to settle the case for a reduction to reckless driving ("wet). This was a particularly good result as my client was alleged to have been traveling at 80 MPH in a posted 50 MPH zone. Client received reduced sentence of 18 months court probation, fine of $1,100, three month DUI school. NO SWAP OR MANDATORY LICENSE SUSPENSION. Client's DMV hearing remains pending, but due to the BAC levels, suspension is likely. Administrative suspensions last for four months the first thirty days of which are actual. A reckless driving on a .14% BAC case is an exceptional result and uncommon for most DUI lawyers.
9/15/2010: SAN JOAQUIN COUNTY (MANTECA) .12% BAC 1ST OFFENSE DUI COMMERCIAL DRIVER
Outcome: DUI DISMISSED, CASE REDUCED TO RECKLESS DRIVING AND
NO LICENSE SUSPENSION
Description: Today I settled a truly impossible case. Client was an immigrant garbage truck driver who had lived in this country and worked his job dutifully for over twenty years. His job required his commercial driver's license. If he lost his license, he would lose his job, pension and retirement, and the ability to care for his family. After several court appearances and a lot of convinvcing of the district attorney, I settled the case for a reckless driving charge where my client received three years of probation, one day of SWAP, 40 hours of community service and a fine in the amount of approximately $2,700. The fines go way up in the sticks. In exchange, the court agreed to hold a bench trial on the 23152(b), driving with a .08% or greater, charge. The D.A. and I stipulated to no evidence and my client was subsequently acquitted. This was done by way of a seldom available deal under Helmandollar v. DMV. Accordingly, Client's DMV suspension was "set aside." He suffered no actual suspension and the court didn't even require him to complete a DUI school! No suspension means no SR-22 filing either. In the end, I didn't just settle another DUI case, but instead truly made a difference in the lives of an entire family. I love my job!
9/14/2010: CONTRA COSTA COUNTY (PITTSBURG) .22% BAC 2ND OFFENSE DUI COMMERCIAL DRIVER DMV HEARING
Outcome: DMV 'SET ASIDE" NO LICENSE SUSPENSION!
Description: Although this case is not completely over, I had to report this truly amazing result at the Oakland Driver's Safety Office. Client was a commercial driver with 27 years working for the same gargage truck company. He was facing his second DUI and second APS suspension with the DMV. Only a year from retirement, he would lose everything, his job and pension, that was his life's work. My strategy was to delay, but delaying the DMV for a year and half on a .22% BAC second offense case would have been a Herculean feat. Instead, my trial investigator Alan McCann conducted a through analysis of the arrest and concluded in his DMV testimony that the Contra Costa County Sheriff who stopped my client should have conducted the DUI investigation instead of waiting nearly an hour until CHP arrived. I diligently served the CHP with subpoena's, but they never produced the officer as he had been transferred to Fresno. Ultimately, with some pursuasion, I convinced the hearing officer to issue a "set aside" of my client's suspenion. In other words, A TOTAL MIRACLE. Although the criminal case remains pending, I can quite possibly slow the proceedings to my client's retirement and allow him to enter a plea. For now, he gets to keep working and I've got one more hurdle to cross. Results like these make it exciting to be a DUI defense attorney!
9/13/2010: ALAMEDA COUNTY (OAKLAND) .05% UNDER 21 ZERO TOLERANCE 1ST OFFENSE DUI
Outcome: DUI NOT GUILTY. CLIENT ACQUITTED
Description: I appeared today for a bench trial on my client's under 21 criminal case for DUI a charge of Vehicle Code section 23140 (.05% or greater). The arresting officer appeared and testified. Knowing this, I entered a plea of "no contest" for my client on his additional charge of rolling a stop sign. He received traffic school for that count. As to the DUI, I successfully argued that the arresting officer did not lay the necessary foundation for admission of the PAS breathtest records and the judge ordered that criminal charge dismissed. Not to miss an opportunity, I requested that since an actual trial occurred, my client was entitled to an acquittal a finding of NOT GUILTY. The court complied and provided me with a certifed abstract of judgment that will be sent to DMV to hopefully avoid a full one year suspension of my client's license. Basically, a home run.
8/31/2010: SAN MATEO COUNTY (SOUTH SAN FRANCISCO) 2007 DUI CONVICTION PETITION FOR EXPUNGEMENT
Outcome: PETITON GRANTED. DUI CONVICTION DISMISSED
Description: I represented a client in South San Francisco in 2007 who was regrettably convicted of DUI, CVC 23152(b). Three years later, and he's successfully completed all of the terms and conditions of his probation. I prepared a Petition for Dismissal pursuant to Penal Code section 1203.4 and the petition was granted. Client's case dismissed and the final chapter his DUI mess completely cleaned up. Well, as best we could do. Optimal outcome.
8/30/2010: SAN MATEO COUNTY (SOUTH SAN FRANCISCO) .13% BAC BLOOD TEST 1ST OFFENSE DUI
Outcome: Probation, Fine, 3 Month DUI School & 1 Day SWAP
Description: Today I settled a tough case for my client who was a resident of Fresno. I handled all major aspects of client's case in his absense due to the distance needed to travel to this case in South San Francisco. We restested client's blood sample and I even prepared a Motion to Suppress Evidence free of charge. At the Motion to Suppress Evidence hearing, Client decided to accept a settlement of his case instead of moving forward. This client, like many, wanted resolution and I assisted him in obtaining the best possible result. Client received three years informal court probation, fine of $1,741, a three month (level one) DUI school and one day of community service which he could serve in Fresno. Client's license suspended for thirty days and restricted for five months.
8/12/2010: SAN FRANCISCO COUNTY .09% BREATH TEST FIRST OFFENSE DUI
Outcome: DUI CHARGES DISMISSED. Case Reduced to Reckless Driving
Description: Today I negotiated a remarkable result for my client who was stopped for excessive speed on the Bay Bridge by the CHP. Client submitted to four breath tests all with readings of .09%. In Department 16 at the Hall of Justice at 850 Bryant Street (the former deparment in which I was assigned as a Public Defender), I negotiated a dismissal of the DUI charges and a reduction to reckless driving (wet). The settlement terms were most favorable. Client received minimum eighteen (18) months of informal court probation, paid a fine of $1,100 and was ordered to complete the 12 hour DUI school, which was a reduction from the standard three month school. DMV hearing remains pending as license was not suspended mandatorily by the conviction. Forensic toxicologist, Halle Weingarten has been retained and I like our chances at saving her license for good. NO JAIL, SWAP, COMMUNITY SERVICE OR MANDATORY LICENSE SUSPENSION.
8/10/2010: SONOMA COUNTY (SANTA ROSA) .12% BLOOD TEST BAC FIRST OFFENSE DUI
Outcome: DUI CHARGES DISMISSED. Case Reduced to Reckless Driving
Description: Today I settled a first offense .12% blood test DUI case in Santa Rosa for a reduced offense of reckless driving pursuant to Vehicle Code section 23103.5. All DUI charges were dismissed. Client was stopped by the Sebastapol Police Department for driving too slow and not having a front license plate. Many DUI clients are stopped for not having a front license plate, so I encourage all individuals to make sure that they have a front plate affixed to all vehicles. Client appeared on his own behalf for his arraignment and was offered a first offense DUI. I was subsequently retained and was able to get the client a reduction. Client received a reduced sentence of 18 months of informal court probation, a 12 hour DUI school and a fine of $720. No Mandatory license suspension. DMV hearing remains pending with forensic toxicologist scheduled to testify.
8/9/2010: MARIN COUNTY PETITION FOR EARLY TERMINATION OF PROBATION
Outcome: PETITION GRANTED. PROBATION TERMINATED
Description: In a follow up matter for a former client who had suffered a conviction for reckless driving, I filed an application for early termination of probation so my 18 year old client could be cleared to join the military. Born in a military family, this early probation termination was critical. Although these applications are rarely granted, I successfully argued good cause and in the interests of justice, my client's probation was terminated.
8/3/2010: SAN MATEO COUNTY (REDWOOD CITY) .26% BLOOD TEST BAC WITH CHILD ENDANGERMENT
Outcome: PROBATION, NO JAIL, 6 DAYS OF SWAP
Description: : I successfully settled an ugly case in Redwood City involving a mother with an child under the age of 14 in the vehicle. Her blood BAC was .26%, so she was subjected to two seperate enhancements. I was able to negotiate a NO JAIL, NO PARENTING CLASSES resolution which included three years of informal court probation, fine of $1,700, 9 month DUI School and six days of SWAP. License suspended for thirty days and restricted for ten months.
7/22/2010: CONTRA COSTA COUNTY (PITTSBURG) .20% BAC SECOND OFFENSE DUI
Outcome: ENCHANCEMENT STRICKEN, NO JAIL, 9 DAYS SWAP
Description: Today I settled what could have been a really ugly case in Pittsburg. Client was found passed out in a McDonalds Drive Thru at 2:00 a.m. Police arrived and arrested him for his second DUI in the last five years. Client was a professional worker raising two young kids, so minimizing impact in this case was a key. Client settled case for MINIMAL punishment: four years of informal court probation, fine of $1789, 18 month multiple offender program, and ONLY 9 DAYS OF SWAP. No IID requirement or impound. License suspended administratively by DMV for one year.
7/22/2010: SAN FRANCISCO COUNTY .11% BLOOD BAC FIRST OFFENSE DUI
Outcome: DUI DISMISSED. CASE REDUCED TO RECKLESS DRIVING. DMV HEARING WON, NO LICENSE SUSPENSION
Description: Today I settled a first offense DUI in San Francisco for a reduction to reckless driving pursuant to Vehicle Code section 23103.5 (wet). Client had blood test result of .11% and marginal driving. Client received minimal sentence: 18 months probation, 12 hour DUI school and fine of approximately $1000. NO JAIL, SWAP OR COMMUNITY SERVICE. Appeared before the Department of Motor Vehicles (DMV) for the administrative hearing case. Retained forensic toxicologist Kenneth Mark and DMV was convinced. DMV HEARING WON! No license suspension, 12 hour DUI school OK and NO MANDATORY SR-22 FILING. EXCELLENT RESULT AND BEYOND WHAT MOST ATTORNEY'S CAN DO!
7/21/2010: SAN FRANCISCO COUNTY .09% BLOOD BAC FIRST OFFENSE DUI
Outcome: DUI DISMISSED. CASE REDUCED TO RECKLESS DRIVING
Description: Today I settled a first offense DUI with a .09% blood result in San Francisco for minimum punishment: two years of probation, fine of $1,096, and three month DUI school. The DUI charges were dismissed and the case reduced to a reckless driving within the meaning of Vehicle Code section 23103.5. No mandatory license suspension and NO JAIL, SWAP OR COMMUNITY SERVICE.
7/19/2010: SANTA CLARA COUNTY (SAN JOSE) .09% BLOOD BAC FIRST OFFENSE DUI COLLISION
Outcome: DUI DISMISSED. CASE REDUCED TO RECKLESS DRIVING
Description: In San Jose Department 49, I successfully negotiated this case down from the DUI which was written in the prosecutor's offer sheet to a reckless driving (wet). Although client had low BAC (.09%), he fell asleep while driving and totaled his car into a guard rail. Luckily, no one was injured. Client received reduced sentence of 2 years of probation, fine of $1,760, and 3 month/level one DUI school. NO ADDITIONAL JAIL, SWAP OR COMMUNITY SERVICE. License suspended for 30 days and restricted for five months.
7/19/2010: ALAMEDA COUNTY (PLEASANTON) .10% BLOOD BAC FIRST OFFENSE DUI
Outcome: DUI DISMISSED. CASE REDUCED TO RECKLESS DRIVING
Description: In Pleasanton, case settled for reduced charge of reckless driving (wet). Client reived reduced sentence of two years of probation, fine of $865 and three month DUI school. NO JAIL OR SWAP. License suspended for thirty days and restricted for five months.
6/29/2010: SONOMA COUNTY (SANTA ROSA) 2007 DUI EXPUNGEMENT PETITION
Outcome: PETITION GRANTED. DUI DISMISSED
Description: I filed a petition for expungement for a DUI conviction suffered by a former client in Santa Rosa back in 2007. She had successfully completed all the terms and conditions of her probation and the petition was granted thus dismissing her case. Word to the wise, Sonoma County is the SLOWEST county in the Bay Area at getting these petitions granted. Get your documents filed as early as possible!
6/24/2010: SAN LUIS OBISBO SECOND OFFENSE NEGLIGENT OPERATOR DMV SUSPENSION
Outcome: LICENSE REINSTATED. PROBATION GRANTED
Description: On June 14, 2010, I appeared at the DMV in San Luis Obisbo for my client's negligent operator suspension and negligent operator suspension probation violation hearing. In what was considered an impossible hearing, I successfully obtained a reinstatement of my client's driving privilige and his negligent operator probation. Client's license was previously suspended due to too many moving violation points, two of which came from a prior DUI that I did not represent him on.
6/23/2010: SAN FRANCISCO COUNTY 2007 DUI EXPUNGEMENT PETITION
Outcome: DUI CONVICTION ORDERED DISMISSED
Description: I appeared in Department 18 of the San Francisco Superior Court for a client's expungment petition I filed fo his 2007 DUI conviction. I previously represented client in 2007 when he was involved in a freeway collision with a BAC reading of .18%. Client successfully completed probation and DUI conviction was ordered dismissed.
6/23/2010: SAN FRANCISCO COUNTY 2007 DUI EXPUNGEMENT PETITION
Outcome: 2007 DUI CONVICTION ORDERED DISMISSED
Description: I appeared in Department 18 this morning for a hearing on a expungement petition for a former client of mine who had been convicted of DUI in 2007. As she had completed all of the terms and conditions of her probation, her expungement petition was granted and her DUI conviction dismissed.
6/23/2010: SAN FRANCISCO COUNTY .18% HIGH BAC FIRST OFFENSE DUI
Outcome: ENHANCEMENT STRICKEN & NO SWAP
Description: I appeared for a client who had been arrested for DUI on the Bay Bridge and subsequently blew .18% BAC after a stop by the CHP. These cases can sometimes get blown out of proportion by the prosecution in San Francisco. Not on this day. Case settled amazingly for bare bones minimum sentence: 3 years informal probation, fine of $1700, THREE MONTH DUI SCHOOL and NO JAIL, SWAP OR COMMUNITY SERVICE. Client suffered NO ACTUAL LICENSE SUSPENSION and was instead only restricted for five months. Excellent result.
6/23/2010: SAN FRANCISCO DMV/DUI NEGLIGENT OPERATOR SUSPENSION HEARING
Outcome: LICENSE SUSPENSION SET ASIDE. Probation Granted
Description: I appeared with a client for a DMV negligent operator suspension hearing at the Driver's Safety Office before Hearing Officer Lauren Medina. Client had previous DUI and two speeding tickets but was not advised by his prior DUI attorney of the possibility of a negligent operator suspension due to his four DMV points. Client retained me for DMV hearing and we obtained an order setting aside the suspension on the spot at the hearing. Client on probation (no new tickets) for one year. Excellent result.
6/18/2010: SANTA CRUZ COUNTY .18% HIGH BAC FIRST OFFENSE DUI
Outcome: HIGH BAC ENHANCEMENT STRICKEN, Minimum Probation, Fine & THREE MONTH DUI SCHOOL
Description: Client charged with DUI and special allegation of high BAC greater than .15% in Santa Cruz. Client blew .18% breath test and was stopped for driving at "high rate of speed" by way of an officer's visual estimate. I challenged the officer in cross examination at both the DMV and a Motion to Suppress Evidence hearing. While I believed we had a good shot at the 4th Amendment hearing, our motion was regrettably denied. Case subsequently settled for less than original pre-trial offer: five years informal probation (which is the standard is Santa Cruz County), fine of over $2,000, and thankfully a THREE MONTH DUI SCHOOL. Client was required to complete three days of community service via SWAP. License suspended for thirty day and restricted for five months. Overall, a hard fought 4th Amendment case, but the BAC was just too high for the judge to grant our motion to dismiss. Client left positive review in my review section.
6/11/2010: SANTA CLARA COUNTY (PALO ALTO) DUI PROBATION VIOLATION HEARING
Outcome: PROBATION REINSTATED & NO PENALTY
Description: Client suffered a DUI conviction in 2009 in Palo Alto. She was represented by a friend and not a DUI lawyer. She subsequently failed to complete her SWAP requirements and the First Offender Program and warrant was issued for her arrest. I was retained to deal with the warrant and get her probation reinstated. I immediately appeared in the Superior Court and had the warrant recalled for the client. I subsequently appeared in Department 87 for the hearing on the probation violations. I discussed the case with the District Attorney and he agreed to reinstate her probation with NO PENALTY. This was an amazing result as Santa Clara County is notorious for harsh sentences.
6/9/2010: SAN MATEO COUNTY (REDWOOD CITY) 2007 DUI CONVICTION EXPUNGEMENT PETITION
Outcome: PETITION GRANTED. 2007 DUI CONVICTION DISMISSED & RECORD CLEARED
Description: In 2007, I represented an out of state defendant in a DUI action in Redwood City. This high BAC case was resolved for minimum punishment and a conviction of California Vehicle Code section 23152(b) for no jail or DUI school in 2007. Client successfully completed all of the terms and conditions of his probation and subsequently retained me to represent him on his expungement petition. I prepared and filed the petition and successfully obtained a court order dismissing his DUI conviction from his record.
6/9/2010: SAN MATEO COUNTY (REDWOOD CITY) 2007 DUI CONVICTION EXPUNGEMENT PETITION
Outcome: PETITION FOR DISMISSAL GRANTED
Description: Former client was convicted of DUI, Vehicle Code section 23152(a) after a jury trial in which the jury found that she HAD NOT REFUSED a chemical test, which was the primary issue in the case in 2007. Pleased with her prior representation, she retained me to prepare and file her petition for expungement of her DUI conviction after she successfully completed all of the terms and conditions of her probation. The petition was granted and her case dismissed thus removing the conviction from her criminal record.
6/8/2010: MARIN COUNTY .15% HIGH BAC ENHANCEMENT FIRST OFFENSE DUI
Outcome: ENHANCEMENT STRICKEN, MINIMUM PROBATION, NO JAIL OR SWAP & 3 MONTH DUI SCHOOL
Description: Settled a difficult case in Marin County. Client stopped for speeding by Sausalito Police and arrested for DUI. Client submitted to two PAS breath tests, both a .15% and a subsequent evidentiary blood test which returned a .15%. Successfully mitigated damages for client and reached settlement of case. Special enhanment for high BAC and speeding ticket dismissed. Client received three years of informal probation, fine of $1700, 3 MONTH DUI SCHOOL AND NO JAIL OR SWAP. Client's license suspended for 30 days followed by 5 months of restriction.
6/8/2010: MARIN COUNTY .11% BAC HIGH SPEED FIRST OFFENSE DUI
Outcome: Minimum Probation, Fine & Level One DUI School. No Jail/SWAP.
Description: Settled a first offense DUI in Marin County for three years of probation, fine of $1700 and 3 Month DUI School. Client stopped and charged with speeding. Speeding violation subsequently dismissed. Client submitted to two PAS breath tests with .11% and .10%. A subsequent evidentiary breath test yielded a .09% and .08% BAC. Client told CHP that she hadn't consumed alcohol for hours thus defeating a possible rising BAC defense. Case settled and punishment minized for client. License suspended for thirty days with a 5 month restriction.
6/2/2010: SAN FRANCISCO COUNTY 20O7 DUI EXPUNGEMENT PETITION
Outcome: PETITION GRANTED. DUI DISMISSED
Description: I prepared a petition to expunge a former client's 2007 DUI conviction in San Francisco which was granted by Hon. John Dearman in Department 18 of the Superior Court. I represented client in 2007 for his DUI case which he picked up while visiting San Francisco. I handled his criminal case in his absense and completed this final step in his case. It's this kind of client loyalty that really makes an attorney feel good about the work and service he provides.
6/2/2010: SAN FRANCSICO COUNTY 2007 DUI EXPUNGEMENT PETITION
Outcome: PETITION GRANTED. CASE DISMISSED
Description: I appeared in Department 18 of the San Francisco Superior Court for an expungement petition hearing for a former DUI client of mine who had suffered a conviction in 2007. The court granted my client's petition and his case was ordered dismissed.
6/2/2010: SAN FRANCISCO COUNTY 2006 GRAND THEFT EXPUNGEMENT PETITION
Outcome: EXPUNGEMENT GRANTED; REHABILITATION FOUND
Description: I appeared in Department 18 at the San Francisco Hall of Jusitice for an expungment petition. I represented client in 2007 for a grand theft case which was subsequently reduced to a misdemeanor with no jail. Client was later convicted of another theft offense in 2008. Successfully argued rehabilitation of client to court and obtained expungements/dismissals of both of client's prior cases. Client later left postive review on this website.
5/20/2010: SAN FRANCISCO COUNTY DUI DRUGS FIRST OFFENSE DUI COLLISION
Outcome: CASE DISMISSED & DMV SUSPENSION SET ASIDE
Description: Client charged with DUI after causing two separate collisions in one week. Both crashes occurred during daylight hours in the Richmond District. Client had been taking Internet prescribed medication "SOMA." Successfully argued lack of knowledge of client due to the fact that drug was provided to him without prescription and consultation. DUI charges dismissed. Appeared with client at initial DMV hearing and license was denied pending clean drug screen and positive Driver Medical Evaluation ("DME"). Conducted follow up hearing and license suspension was "set aside" with no restrictions. Client later left postive review on this site.
5/12/2010: SAN FRANCISCO COUNTY PETITION FOR EARLY TERMINATION OF DUI PROBATION
Outcome: PROBATION TERMINATED & DUI CHARGES DISMISSED
Description: In 2008, I represented approximately 150 to 200 individuals accused of DUI in the Bay Area. One such individual, a temporary resident from Kenya received the minimum probation term of three years. This client's green card required renewal this year and his employer was threatening to terminate him due to his continuing DUI probation. I filed a petition for early termination of probation and for expungement of the conviction. The client still had about a year and half of probation left. Over the District Attorney's objection, the court granted our application for early termination and expungement thus resulting in a dismissal of the 2008 DUI conviction from client's criminal record. Overall, a total success and a very pleased client.
5/11/2010: MARIN COUNTY FELONY DRUG PROBATION VIOLATION
Outcome: Admission of Violation for 20 Hours Community Service; NO ACTUAL JAIL
Description: I resolved a felony probation violation in Marin County for 20 hours of community service. Client was on probation for possession for sale, a felony, and was searched by police pursuant to his probationary search condition. Police found less than two grams of marijuana. Client was a young kid who really shouldn't have gotten a felony rap in the first place. I minimized this case which could just as easily led to actual jail time.
5/11/2010: CONTRA COSTA COUNTY (WALNUT CREEK) .22% BAC 1ST OFFENSE DUI
Outcome: ENHANCEMENT STRICKENT. 3 MONTH DUI SCHOOL
Description: I had an opportunity to settle this high BAC, .22%, DUI case for a three month DUI school. Client was stopped for following a vehicle too closely and then making an unsafe lane change which nearly caused a collision. Key to resolution in any .20% or greater case is getting the client the level one/3 month school. Standard attorneys will get the standard 9 month program everytime. This program results in a long term restriction of the client's license. Client did receive three years of probation (statutory minimum), fine of $1,788, and had to perform 10 days of SWAP in lieu of jail. His license was previously suspended, so he also admitted a violation of Vehicle Code section 14601.1 for no additional penalty. Standard DUI Mandatory Suspension for 6 months.
5/4/2010: SAN MATEO COUNTY .11% BAC 1ST OFFENSE DUI "ZERO TOLERANCE" UNDER 21 CASE
Outcome: DUI DISMISSED. REDUCED TO RECKLESS DRIVING FOR NO JAIL OR SWAP
Description: 18 year old client found passed out in her vehicle in the middle of the road and covered in vomit and blows a .11% PAS and .11% breath test. I settled this case in South San Francisco before Judge Livermore for a reduction to reckless driving ("wet"). Client received two years of probation, reduced fine of $1,381, and three month DUI school. NO JAIL, SWAP OR COMMUNITY SERVICE. Excellent result considering the facts and court venue. License suspended administratively by the DMV for one year. I assisted client in obtaining "critical need" license to drive to school and work.
5/4/2010: SAN MATEO COUNTY PUBLIC INTOXICATION EXPUNGEMENT PETITION
Outcome: EXPUNGEMENT GRANTED. CASE DISMISSED
Description: I represented client in 2007 for DUI charge while working for the Law Office's of Lawrence Taylor, Inc. Client had high BAC over .20% and was found sleeping in car. I initially got his case reduced to a public intoxication and subsequently won his DMV hearing after a successful APS review request. Three years later, and now I've gotten the conviction expunged from his record. The complete DUI case that went well from start to finish.
4/29/2010: ALAMEDA COUNTY (PLEASANTON) .10% BLOOD BAC 1ST OFFENSE DUI
Outcome: DUI DISMISSED. CASE REDUCED TO RECKLESS DRIVING
Description: Client arrested for DUI in the Pleasanton area of Alameda County, notorious for strict punishments in DUI cases. Case complicated by allegation that Client was driving in excess of 85 MPH. Retested blood sample through my expert Ken Mark at Bay Area Forensic Lab and returned with a .09%. Definately a tough reduction, but nevertheless settled the case today for a reduction to reckless driving (wet) for three years of probation, fine of $865 and three month DUI school. NO JAIL, SWAP OR COMMUNITY SERVICE. DMV hearing pending, but suspension likely due to drinking pattern. Nevertheless a great result in a tough courthouse.
4/27/2010: ALAMEDA COUNTY (OAKLAND) 2007 DUI EXPUNGEMENT PETITION
Outcome: EXPUNGEMENT GRANTED. DUI DISMISSED
Description: 4/27/10: I represented this client on behalf of the Law Offices of Lawrence Taylor, Inc. in 2007 when she suffered a DUI conviction in Oakland with an approximate BAC of over .13%. After successfully completing her probation, I prepared and filed a Petition for Dismissal pursuant to Penal Code section 1203.4 (expungement) which was subsequently granted after I appeared and argued the case in Department 115. The DUI conviction on her record is now DISMISSED.
4/26/2010: SAN MATEO COUNTY (REDWOOD CITY) 2007 DUI EXPUNGEMENT PETITION
Outcome: PETITION GRANTED. DUI DISMISSED
Description: I successfully represented client in 2007 for a DUI charge while working at the "DUI FIRM" of Law Offices of Lawrence Taylor, Inc. I was able to get the DUI reduced to a "wet reckless" driving in March of 2007. Client retained me to file his expungement petition for the reckless driving conviction. The petition was granted the the complaint dismissed. All client's should get their records cleared by expunging their prior convictions. I recommend this service to all clients.
4/14/2010: MARIN COUNTY DUI REFUSAL ENHANCEMENT JURY TRIAL
Outcome: JURY TRIAL "NOT GUILTY" VERDICT
Description: 4/14/10: So many times client's come to me after they've already had representation by a prior "DUI Defense Firm." This particular case involved a Southern California client who was charged with DUI in Marin County and the arresting officer claimed that he "refused" a chemical test. Client initially hired a Los Angeles based "DUI DEFENSE FIRM" who told him that they "had a STATE WIDE practice." He was grossly overcharged and the "firm" which handled his arraignment, and then lost his DMV hearing after appearing telephonically and advising the client not to attend. I then substituted in as counsel and took the client's case to a Jury Trial in Marin County. The jury deliberated for two hours before handing down a "not guilty" verdict.
4/6/2010: SAN FRANCISCO COUNTY .20% BAC FIRST OFFENSE DUI
Outcome: ENHANCEMENT STRICKEN AND 3 MONTH DUI SCHOOL
Description: 4/6/10: Settled a high BAC .20% breath test case is Department 13 in San Francisco for excellent result. Client receivied minimum three years informal probation, fine of $1652, THREE MONTH DUI SCHOOL, and 4 days of SWAP. License suspended for 30 days and restricted for 5 months. DA initially asked for 6 SWAP, an Ignition Interlock Device ("IID"), and a 9 month DUI school. Excellent Result.
4/6/2010: SAN FRANCISCO COUNTY .16% BAC FIRST OFFENSE DUI
Outcome: ENHANCEMENT STRICKEN FOR THREE MONTH DUI SCHOOL
Description: 4/6/10: Settled a high BAC case for a client in San Francisco for three years of informal probation, fine of $1682, 3 month DUI school, and two days of SWAP. License suspended for 30 days and restricted for 5 months. Client blew a .16% BAC by way of breath test.
3/17/2010: SAN FRANCISCO DMV SECOND OFFENSE NEGLIGENT OPERATOR SUSPENSION
Outcome: SUSPENSION "SET ASIDE" & PROBATIONARY LICENSE GRANTED
Description: Client had suffered too many points for a DUI and numerous speeding tickets to include a 14601.2 out of Firebaugh in Fresno County. Settled all cases and won first negligent operator hearing in San Francisco. Client picked up another point and won second negligent operator hearing before a new hearing officer.
3/4/2010: SAN MATEO COUNTY (REDWOOD CITY) HIGH BAC .19% FIRST OFFENSE DUI
Outcome: Probation, Fine, THREE MONTH DUI SCHOOL
Description: In Redwood City, I settled a high BAC .19% first offense DUI for the minimum sentence of $1,751, 4 days of SWAP and a 3 month DUI school. Client's license suspended for thirty days and restricted for work purposes for five months.
3/3/2010: SAN MATEO COUNTY (SSF) HIGH .25% BAC FIRST OFFENSE DUI
Outcome: THREE MONTH DUI SCHOOL & NO ACTUAL JAIL
Description: Client recieved three years informal probation, fines, 10 days of SWAP and a THREE MONTH DUI SCHOOL. 9 months is the standard in San Mateo for a BAC this high. Accordingly, the client saved and an additional SIX MONTH of DUI school which would be three times the cost of the level one three month DUI program. Additionally, client's license was only suspended for thirty days and restricted for five months. If a nine month DUI program was ordered, client's license would have been restricted for an additional five months!
2/24/2010: SANTA CRUZ COUNTY RECKLESS DRIVING CASE
Outcome: RECKLESS DRIVING DISMISSED. TRAFFIC SCHOOL GRANTED
Description: Client was cited for reckless driving for speeding and following too closely on Highway 17 during a period of "black ice" and otherwise dangerous roadway conditions. I negotiated a settlement of the case where the prosecutor dismissed the reckless driving charge and reduced the case to a speeding infraction. Client opted for traffic school and a fine of approximately $450. NO POINTS ADDED TO DMV RECORD.
2/10/2010: SAN FRANCISCO COUNTY PETITION FOR EARLY TERMINATION OF DUI PROBATION
Outcome: DUI PROBATION TERMINATED & CONVICTION DISMISSED
Description: I represented a non citizen client for DUI in 2008 in San Francisco and he suffered a conviction which resulted in a grant of informal court probation. Client needed to upgrade his citizenship status and could not do so while on DUI probation. I filed a petition for early termination of probation and expungement of this DUI conviction. Although the District Attorney opposed the petition (they always do), and after several court hearings and appearances, I was able to convince the judge in Department 18 that good cause existed for early termination of DUI probation and expungement of the DUI conviction. As these petitions are rarely granted, the client was thrilled and frankly, the case made me feel good about being a DUI defense attorney. I truly love my job!
2/9/2010: MARIN COUNTY RECKLESS DRIVING, SPEED CONTEST COLLISION CASE
Outcome: Speed Contest DISMISSED, Probation Granted and Terminated Early
Description: Marin Reckless Driving & Speed Contest reduced. Client was observed traveling in excess of 100 mph in a speed contest with another vehicle. Client lost control of car and collided thus totalling his car. Client, an 18 year old military canidate, could not receive jail time or he would be disqualified from service. Successfully negotiated with DA for dismissal of speed contest charge and plea to Vehicle Code section 23103 for one year of probation, $700 fine and five days of community service. After six months of probation, I obtained an early termination of probation for client so he could enter the military, a petition that I prepared and appeared for pro bono.
2/5/2010: SANTA CLARA COUNTY (SAN JOSE) 1ST OFFENSE DUI REFUSAL CASE
Outcome: REFUSAL ALLEGATION DISMISSED AND 3 MONTH DUI SCHOOL
Description: Client arrested for DUI in San Jose and was alleged to have refused a chemical test. My client was a young, single mother and really needed a break in this case. DA initially offered 10 days jail and 9 month program with admission of the refusal allegation. I advised my client to reject the offer and for us to file Motion to Suppress Evidence to beter leverage the case for settlement. Although I was required to do a significant amount of extra work and court appearances, the DA offered a highly reduced sentence: three years of probation, 8 days of community service, fine of $1,750 and only a 3 month level one DUI school. The DMV wasn't so easy, however, as client failed to request an administrative hearing within ten days of her DUI arrest. I wasn't retained until after the ten day notice rule and nothing could be done to avoid the one year administrative suspension due to the refusal allegation.
2/4/2010: ALAMEDA COUNTY (OAKLAND) .08% BAC FIRST OFFENSE DUI
Outcome: CASE DISMISSED & DMV "SET ASIDE"
Description: Oakland client was arrested for DUI and subsequently blew a .08% BAC on the dot. I appeared on the case and convinced the District Attorney to dismiss due to the low BAC and lack of bad driving. I subsequently obtained a "set aside" of the Administrative Per Se ("APS) case at the DMV driver safety office and the client received no license suspension. No conviction=no probation, no fine, no DUI school, no license suspension, and a very happy client.
2/4/2010: SAN MATEO COUNTY (REDWOOD CITY) .30% BAC 1ST OFFENSE DUI COLLISION
Outcome: MINIMUM PROBATION, NO JAIL, 4 DAYS SWAP, 9 MONTH DUI SCHOOL
Description: This case involved a client who who had a blood test result of .30% BAC, which is remarkably high and qualified him for the .15% and above special enhancement (twice over in fact). In either event, this case was ugly because the client was driving a Hummer, which is in my opinion a quasi-military vehicle and sideswiped another parked car. Although collisions are not written in law as enhancements, District Attorney's and Judges often consider the level of "dangerousness" of the driving pattern when determining sentence. Client had no prior arrests, so I was able to successfully settle the case for the lowest possible punishment: three years informal probation, fine of $1,750, 9 month DUI school and 4 days of SWAP (community service) in lieu of jail. Client required to pay restitution to victim and license suspended for thirty days followed by nine months of restriction.
2/4/2010: SANTA CLARA COUNTY (PALO ALTO) 3RD OFFENSE .14% BAC DUI W/ SUSPENDED LICENSE
Outcome: PROBATION VIOLATION AVOIDED, DRIVING ON SUSPENDED LICENSE DISMISSED.
Description: Palo Alto 3rd Offense DUI settled today for a plea and admission to two priors. Client's most recent prior came from 2008 in Santa Cruz meaning that she was additionally charged with a Vehicle Code section 14601.2 (driving on a suspended license) and had the possibility of a probation violation out of Santa Cruz County which could have resulted in one additional year in the county jail. BAC was a .14% breath test case. Serious case settled for three years of informal probation, ignition interlock device, fine of $1,760 and only 68 days of jail (minimum on third offense is 120). Santa Clara County is a tough spot to get a third offense. Case settled in Department 89 which has yet to formally replace Judge Monahan.
2/2/2010: ALAMEDA COUNTY (PLEASANTON) .08% BAC FIRST OFFENSE DUI CASE
Outcome: DUI CHARGES DISMISSED. CLIENT PLED TO RECKLESS DRIVING W/ NO LICENSE SUSPENSION
Description: In Pleasanton, I negotiated a settlemed of a .08% BAC DUI for a reduction to reckless driving (wet). All DUI charges dismissed before Judge Hugh Walker III. Client received reduced sentence of three years of probation, no jail or SWAP, fine of $865 and 12 hour DUI school. Appeared at Oakland DMV for client's administrative per se license suspension hearing with forensic toxicologist Halle Weingarten and established that CHP officer's investigation was hurried, incomplete and in some instances a flat out lie. DMV subsequently issued a "set aside" of client's license suspension resulting in NO LICENSE SUSPENSION and no SR-22 requirement. Excellent Pre-Trial result which did not require client to pay extra fees for jury trial.