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People v. Javier B.

Case Conclusion Date: 07.18.2011

Practice Area: DUI & DWI

Outcome: All DUI Charges DISMISSED and Factual Innocence Declared

Description: July 2011: Alhambra Court: DUI charges DISMISSED and FACTUAL INNOCENCE DECLARED. My unfortunate client was very intoxicated when he unknowingly confessed to a crime he did not commit--Driving Under the Influence. My client’s friend , who had a suspended license and 2 prior DUI convictions was driving my client’s car when he was involved in a minor collision. Although my client was the passenger, he was told by his “friend” that he, my client, was the one driving. The friend told the arriving officers that my client had been driving out of fear that he would end up with a 3rd DUI if he told the truth and admitted to being the real driver. Well, once my client agreed that he had been driving, the officer naturally believed my client was the driver and did not even suspect the friend. After my client sobered up and learned that he was wrongfully arrested and charged with a DUI when he was not even the driver, no one believed him. Luckily, text messages, phone records and witness statements all corroborated my client’s cries of innocence. The Supervising District Attorney was very fair, and once she saw all the exculpatory evidence I had collected, she agreed to dismiss all the charges via a court finding of not guilty and further agreed to stipulate that my client was factually innocent. Factual innocence is needed to seal an arrest record because a dismissal by itself will not get an arrest off a person’s criminal record. A not guilty finding or acquittal is needed to reverse a DMV suspension. The DMV will be contacted and the DUI suspension that my client had received months earlier will soon be reversed.

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