5/19/2014: SANTA CLARA COUNTY (PALO ALTO) .10% BAC 2nd OFFENSE DUI JURY TRIAL
Outcome: DUI CASE DISMISSED for PUBLIC INTOXICATION ($200 FINE)
Description: Not every DUI case settles and sometimes a balancing of the cost and risk factors leads a client to exercise their Constitutional Right to a Jury Trial. Client was stopped by Mountain View Police for making a prohibited left turn in the early morning hours of a deserted residential neighborhood. Client submitted to Field Sobriety Tests, in which he performed excellent. Client was nevertheless compelled to blow into a PAS device and a result of .10% put the nail in the coffin of his DUI arrest. At the station, client submitted to two additional breath tests with results of .09% and .08% BAC.
Client had previously been convicted of DUI about five years ago, so the Santa Clara County District Attorney's Office wanted a literal pound of flesh to settle the case. Client could not take a misdemeanor conviction that included any kind of probation, so the case was set for jury trial. I appeared on three different dates for trial, every time dealing with a brand new District Attorney.
Finally, today, we settled the case for a highly favorable result: ALL DUI CHARGES DISMISSED. Client plead "no contest" to a misdemeanor violation of Penal Code Section 647(f) (PUBLIC INTOXICATION) for NO PROBATION and $200 fine. Client's license, however, suspended administratively by the DMV for one year.
I don't believe in setting DUI cases for jury trial unless we're justified in doing so. Although about 90% of DUI cases resolve in the Pre-Trial phase of the case, it's good to know that when you do set a case for trial, the District Attorney respects your DUI lawyer enough to dismiss the charges!