Outcome: PETITION GRANTED & DUI CONVICTION DISMISSED
Description: Successful DUI Expungement petitions are really won at the Pre-Trial Conference or Jury Trial of the underlying DUI arrest. Case in point, Client was charged with DUI in San Mateo County with a .10% BAC chemical test. This case could have easily gone either way between a DUI or Reckless Driving conviction. The Pre-Trial Conference in Redwood City worked out for us, however, and we were able to settle the case for a reduction to Reckless Driving pursuant to California Vehicle Code Section 20103.5. The DUI charges were dismissed and client was only sentenced to two years of DUI probation instead of the statutory three to five years DUI probation required for a California Vehicle Code Section 23152(a) or (b) conviction.
By getting this reduction, we were able to effectively file an expungement petition to dismiss the Reckless Driving conviction from client's criminal record a full year sooner than if he had been convicted of DUI. Moreover, we prepared our expungement petition PRIOR to his DUI probation completion so that we were able to get the petition granted and case dismissed almost immediately after his completion of the two years of probation. With the petition granted and conviction dismissed, client can now compete for employment with the prejudice of his DUI related conviction minimized or erased.
This case highlights the importance of getting DUI convictions expunged, but more than that, it's also a great compliment to me as a DUI lawyer in that the client had the faith and confidence to hire me for both his DUI and his expungement petition. Indeed, this is the only type of repeat customer I ever want to have!