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6/12/2014: MARIN COUNTY (SAN RAFAEL) .12% BAC 1st OFFENSE DUI w/ MARIJUANA POSSESSION

Posted By Nors Davidson || 24-Jun-2014

6/12/2014: MARIN COUNTY (SAN RAFAEL) .12% BAC 1st OFFENSE DUI w/ MARIJUANA POSSESSION

Case Conclusion Date: June 12, 2014

Practice Area: DUI / DWI

Outcome: Probation Granted: 3 years, $1,900 fine, 3 Month DUI School & NO JAIL OR SWAP

Description: Client was stopped by the CHP for speeding on US Highway 101 just before midnight. Upon further investigation for DUI, Client submitted to two PAS breath tests of .11% and .12% BAC and was arrested for DUI. While performing an inventory search, CHP officers found marijuana in client's pocket so they charged him with that was well.

Although this was technically a first offense DUI, client had previously been convicted of two prior DUI's that were more than ten years ago, so in reality, this was his third offense DUI and client was deeply concerned about the effect that those prior DUI's might have on the Marin County District Attorney. After two conferences with the District Attorney Expediter (an admirable DA who I knew personally from a hard fought DUI jury trial I did in 2011), I was able to negotiate an acceptable resolution. The marijuana charge was dismissed, and client plead to Driving with a BAC in excess of .08% pursuant to California Vehicle Code Section 23152(b). Client was sentenced to the minimum three years court probation, paid fines of approximately $1,900 and ordered to complete a three month level one first offender DUI School.

Client was NOT ordered to complete ANY jail, SWAP or community service. Ultimately, client's license was suspended by the DMV for thirty days with a restricted license for work purposes for five months with the filing of an SR22.

In the end, having a prior positive relationship with the District Attorney made a difference for this client and I hope this positive outcome results in him never drinking and driving again!