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6/12/2014: MARIN COUNTY (SAN RAFAEL) .15% BAC 1st OFFENSE DUI w/ COLLISION & ENHANCEMENT

Posted By Nors Davidson || 13-Jun-2014

6/12/2014: MARIN COUNTY (SAN RAFAEL) .15% BAC 1st OFFENSE DUI w/ COLLISION & ENHANCEMENT

Case Conclusion Date: June 12, 2014

Practice Area: DUI / DWI

Outcome: ENHANCEMENT DISMISSED & DUI SENTENCE MINIMIZED

Description: It's true that bad things can happen to good people. Client was a hard working young man and recent college graduate who made the critical mistake of drinking bottomless mimosa's during a brunch date with his girlfriend in San Francisco. After driving all the way from San Francisco to Sausalito, client was involved in a very minor collision with a parked car. Events soon spiraled out of client's control and the Sausalito Police were soon on the scene to conduct a DUI investigation. Client refused the PAS test but later submitted to two breath tests which came in at .15% BAC. Ultimately, client was charged with DUI and enhancement for BAC in excess of .15%.

Today, we settled the case for a dismissal of the enhancement and plea to the DUI. Client received the minimum three years court probation, had fines of over $2,000, was ordered to attend a three month/level one DUI School and perform 15 hours of community service. In the end, this was a favorable outcome for this DUI case. The District Attorney originally wanted two AA meetings a week for twelve successive weeks as part of the settlement. For a first offense DUI and considering the age of the defendant, such AA counseling would be excessive and burdensome. Regrettably, Client's California Driver's License was suspended for around 30 days with five months of restriction with a $125 DMV reinstatement fee and filing of an SR22.

We didn't have a good case for dismissal here, but we did manage the case and minimize the damage. We'll get the DUI dismissed in three years when the client successfully completes his probation!