4/30/2014 SAN FRANCISCO COUNTY .17% BAC 1st OFFENSE DUI w/ COLLISION & HIGH BAC ENHANCEMENT
Outcome: ENHANCEMENT DISMISSED & 3 MONTH DUI SCHOOL & NO SWAP
Description: When it comes to successful DUI defense, I always say that remarkable facts are the best ingredient. This case seemed like a story that could have happened to any of us. Client goes out to night club in San Francisco with his girlfriend and bumps into parked car while trying to Parallel Park. Client exchanges insurance information and goes into the club where he consumes a lot of alcohol as he's watching his girlfriend leave him for another man.
Drunk and frustrated, he leaves the club and gets into a taxi who later refuses to take him home because his money is at the destination and the taxi cab wants everything up front. Now kicked out of the taxi, client returns to his vehicle but is taken down by club employees who call the police and report him for DUI. Client is arrested and submits to a breath test which reads .17% BAC. Client is charged with DUI with a High BAC enhancement and spends the night in jail.
Although the DA originally wanted a ton of punishment, these fantastical facts were not lost on the very fair and reasonable assistant district attorney and we settled the case for the bare minimum punishment of three years informal court probation, fine of $1,858, three month DUI School and NO SWAP OR JAIL. Client's license suspended by the DMV, however, for thirty days followed by five months of restriction. We rely on Taxi's, especially here in San Francisco. If their valid objections to Pink Mustaches are to be given any weight, instances like this have to stop. The Taxi's refusal to take this person home could have cost someone their life.