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4/17/2014: SANTA CLARA COUNTY (SAN JOSE) .14% BAC 1st OFFENSE DUI

Posted By Nors Davidson || 7-May-2014

4/17/2014: SANTA CLARA COUNTY (SAN JOSE) .14% BAC 1st OFFENSE DUI

Outcome: Probation Granted: 3 years, $1,900 fine, 3 Month DUI School & Community Service

Description: Client was a recent law school graduate who was arrested by the CHP in the early morning hours as Client drove home after drinking alcohol socially with co-workers. Client submitted to Preliminary Breath Test ("PAS") which came in at .10% BAC, but a later blood test returned a .14% BAC which was later confirmed by a retest of the blood sample.

Today, I resolved the case at the third Pre-Trial Conference in this case. At the first Pre-Trial Conference, the District Attorney was completely unsympathetic and in fact wanted ADDITIONAL punishment because Client was a law school graduate and should have known better than to drink and drive. We continued the case and at the second Pre-Trial Conference, a new District Attorney was on the case and actually offered us a REDUCED sentence to settle the case. Client rejected this offer and we returned to court for a final THIRD Pre-Trial Conference in which we settled the case for a DUI conviction in which Client was sentenced to the minimum three years informal court DUI probation, fines of approximately $1,950 (which we obtained a low monthly payment plan), a three month DUI School and most importantly, 160 hours of community service to be done for a nonprofit organization in Alameda County in lieu of any jail or SWAP. This was an agreeable concession by the District Attorney because it is typical for a DUI offender to serve FIVE DAYS with the Weekend Work Program through the Santa Clara County Sheriff's Department. Santa Clara County's five day SWAP sentence for a first offense DUI charge is by far the most punitive in the entire Bay Area for similar DUI cases.

Client's license was suspended by the DMV for thirty days with eligibility for a "restricted license" (for work purposes) for five months with the filing of an SR-22. Again, Client had NO CRIMINAL RECORD and admitted to making a mistake. It was a good thing Client didn't make the second mistake of accepting the District Attorney's first offer to settle the case.