3/5/2014: SAN FRANCISCO COUNTY .09% BAC 2nd OFFENSE DUI w/ PROBATION VIOLATION
Outcome: DUI CHARGES DISMISSED & CASE REDUCED TO RECKLESS DRIVING
Description: Client was a younger person who was convicted of a "wet reckless" misdemeanor in San Mateo County on a .08% case (which probably should have been fought by her attorney). She received two years of probation and about two months before that probation terminated, she was again arrested in San Francisco for DUI by the CHP who stopped her for speeding on 101. This time, she submitted to a blood test which came in at .08% BAC after a .09% BAC breath test. The District Attorney wanted the full measure of a second offense DUI punishment when we retested the blood sample and got a .07% BAC retest result. At today's Pre-Trial Conference, I successfully minimized this case for an otherwise hard working person who made a mistake. A fair and reasonable District Attorney agreed to dismiss the DUI and probation violation for a plea to a second "wet reckless." Client received substantial reduction of sentence to three years supervised probation (five is normal and the court agreed to reduce to informal probation once she completes the DUI School), a reduced fine of $900, a 9 month DUI School (reduced from 18 months) and a one year ignition interlock device ("IID"). With the DUI dismissed, client avoided a probation violation suspension which was critical because we then followed up the criminal case with a SET ASIDE OF THE DMV HEARING, resulting in NO SUSPENSION AND NO SR-22, thus saving the client thousands of dollars.