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Patrick John Silva

Patrick Silva’s Legal Cases

3 total

  • Amalik A. (illegal blood draw)

    Practice Area:
    DUI & DWI
    Outcome:
    Both the 23152 (a) and (b) counts were dismissed as well as the probation violation in exchange to pleading to a dry reckless under cvc 23103.
    Description:
    After a serious auto accident Amalik was air lifted to the hospital. However, prior to leaving the investigating officer had a phlebotomist draw his blood. Amalik was charged with a 2nd time DUI with an alleged .17 BAC, high levels of marijuana in his system, and while still on probation for his 1st DUI. We filed a motion to suppress using a Schmerber v. California argument challenging the illegal blood draw
  • Eric S.

    Practice Area:
    DUI & DWI
    Outcome:
    NOT GUILTY both counts
    Description:
    Eric was charged with a DUI alleged to have had a .11 blood alcohol concentration at the time of driving. The cop said Eric almost got on two wheels as he made the right turn, that he failed to pull over, and he failed all of the field sobriety test.
  • Joe B.

    Practice Area:
    DUI & DWI
    Date:
    Jul 22, 2013
    Outcome:
    Entire case dismissed!
    Description:
    Joe was charged with an alleged .29 BAC. When Joe first came into my office he was of the mindset that I go to court for him and just plead him guilty and keep him out of jail. Once I received the police report I discovered a 4th Amendment violation. We filed a Motion to Suppress with the court. At the hearing I subpoenaed 4 police officers. By the time I was done I showed that the officer did not have the legal right to stop Joe.