Laguna Hills, CA
DUI and DWI Lawyer at Laguna Hills, CA
Practice Areas: DUI & DWI, Personal Injury ... +2 more
OUTCOME: DUI Charges & Refusal Allegation Stricken
Client, receives a DUI charge with a refusal allegation. The client is adamant about going forward with a jury trial despite the fact that Attorney Peter F. Iocona is able to get the refusal allegatio ... n stricken, the DUI charges dismissed, and a plea offer to an alcohol related reckless driving. The client ultimately accepted the plea offer.
OUTCOME: Set Aside
Client was asleep in his parked vehicle with his foot on the pedal in the parking lot of a shopping center where he had previously consumed alcohol. The officer, believing that this was sufficient evid ... ence to charge the client with DUI, arrests the client, who later submits to a blood test with a result of 0.22%. The DMV hearing officer also erroneously believes that this constituted driving within the meaning of California's DUI statutes; however, the matter is later set aside on Departmental Review.
OUTCOME: Set Aside
Client, who is also a professional pilot, is charged with a refusal at DMV. Client's pilot's license is directly tied to his ability to maintain his driver's license. At the DMV hearing, the officer ... testifies that he could see how a person in the client's position would have been confused; however, the hearing officer upholds the one year DMV suspension action. Attorney Peter Iocona appeals the hearing officer's decision. Attorney Peter F. Iocona files a writ of mandate in the Orange County Superior Court. A stay of the suspension is granted pending the outcome of the case. The DMV agrees to a dismissal and a set aside is granted. The client avoids the one year suspension action and is able to keep his job as a professional pilot.
OUTCOME: Court Remand With Attorney's Fees Award
Client charged with refusing to submit to a chemical test. Attorney Peter F. Iocona appears at the DMV APS hearing in order to continue the matter to obtain the video recordings associated with the DU ... I arrest, detention and chemical test advisement. The DMV hearing officer denies attorney Peter F. Iocona's motion for a continuance and the one year suspension is upheld. Attorney Peter F. Iocona files a writ of mandate in the Orange County Superior Court, which was followed by an opposition filed by the California Attorney General's Office and a reply brief by Mr. Iocona. The Court's tentative ruling is against Attorney Peter F. Iocona; however, during the oral argument, the court reverses is tentative, and agrees with Mr. Iocona that the case should be remanded back to the hearing officer so the matter could be heard on the merits of the case after receipt of the video Mr. Iocona sought to obtain in the first place. The Court also awarded attorney's fees for the arbitrary and capricious acts of the hearing officer.
OUTCOME: Set Aside
Under 21 client is brought forth for a DMV hearing based on his alleged use of a fake driver's license to obtain alcohol. After a contested hearing, the matter is set aside.
OUTCOME: Set Aside
Client was cited by university police for a zero tolerance violation. Client decided against retaining counsel and appeared before the DMV hearing officer without an attorney. At the hearing, the hea ... ring officer advised the client that an attorney would likely not effect the outcome of the zero tolerance hearing, so the client went forward without the benefit of counsel. At the close of the hearing, the one year suspension period was imposed. Client sought the advice of Attorney Peter F. Iocona, who suggested a writ of mandate be filed requesting a remand hearing so the matter could be decided on the merits of the case. A remand was effectuated by agreement with the DMV and, although the PAS calibration officer and arresting officer were not called to testify at the original DMV zero tolerance hearing, they were called to testify at the remand hearing. At the hearing, the officer admitted to not conducting the required 15-minute observation period and the matter was set aside and the suspension overturned.
OUTCOME: DUI Dismissed W/Juvenile Diversion Program
Client was forced out of an apartment complex by an armed security guard, who then called the police as he followed the client out of the complex and onto the roadway. OCSD deputies approach the cilen ... t as parks in the driving of his parents' residence. The client submits to a PAS test within 5 minutes of the contact and within a few minutes of vomiting in front of the deputy. The PAS test yielded a result of 0.07% and the OC District Attorney's Office filed DUI charges. After providing the Court with testimony from the deputy at the DMV Zero Tolerance case, the judge agrees to dismiss the case if the client submits to a pretrial diversion program. Client accepted the Court's offer and a dismissal of the DUI charges was ultimately obtained.
OUTCOME: DUI Dismissed; Alcohol Related Reckless Driving Plea Entered
Client was arrested in Lake Forest for DUI after submitting to field sobriety tests, a PAS test with a results of 0.15%, and a breath test of 0.16%. Based on testimony obtained at the DMV APS Hearing, ... it was discovered that not only did the arresting OCSD officer not administer the PAS test correctly, he was not certified to use the evidential chemical testing device. This evidence was presented just prior to the trial in the matter, and the DUI charges were dismissed in exchange for a plea to an alcohol related reckless driving.
OUTCOME: Set Aside
Client was arrested in Lake Forest for DUI after submitting to field sobriety tests, a PAS test with a results of 0.15%, and a breath test of 0.16%. Based on testimony obtained at the DMV APS Hearing, ... it was discovered that not only did the arresting OCSD officer not administer the PAS test correctly, he was not certified to use the evidential chemical testing device. The DMV hearing officer found the evidence unavailing and upheld the APS suspension period. Attorney Peter F. Iocona filed a writ of mandate in the Orange County Superior Court. After negotiations with DMV's legal counsel, the suspension action was overturned.
OUTCOME: DUI Dismissed-Hit & Run Plea Entered
Client hits a parked car on a residential roadway then flees the scene. Officers respond to the location and conduct an investigation leading them to the client. Client, who is under 21 years of age, ... admits to consuming alcohol and fleeing the scene of an accident. Client submits to a chemical test with a result of 0.11%. After lengthy negotiations with the District Attorney's Office, Attorney Peter Iocona is able to get the DUI charges are dismissed and a plea to a hit and run is entered.