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5/28/2014: San Francisco County .16% BAC 1st Offense DUI w/ High BAC Enhancement

Posted By Nors Davidson || 5-Jun-2014

5/28/2014: San Francisco County .16% BAC 1st Offense DUI w/ High BAC Enhancement


Description: This was a highly unusual DUI case in San Francisco. Client was arrested for DUI by the CHP in the City and submitted to a blood test which returned a result of .16% BAC. Typically, the District Attorney failed to file a criminal complaint before the arraignment, which usually the first court hearing in a DUI case. A few months later, the CHP requested a warrant for client’s arrest, even though client's address hadn't changed and could just as easily be asked to appear in court voluntarily.

Anyway, the arrest warrant was never actually filed and the case went into a procedural black hole. Fast forward three years. Client is seeking documentation regarding the case from the San Francisco Police Department when she is first advised of the warrant and then arrest client and hold her on $10,000 bail. This was outrageous. As it turned out, the Medical Examiner's Office had destroyed client's blood sample. Moreover, Client's life had changed substantially and memory of the DUI arrest nearly three years ago would have been challenging in mounting a defense.

I filed a Motion to Dismiss this DUI case based on a violation of client's Constitutional Right to Speedy Trial. Since three years had passed since the DUI arrest, critical evidence had been destroyed and the delay in the prosecution of the case was solely the fault of the government, out motion was well received. TOTAL DISMISSAL.