Attorney Peter Francis Iocona's Legal Cases

DUI and DWI

DMV Zero Tolerance Case

Feb 20, 2008

OUTCOME: Set Aside

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, a ... dmits to consuming alcohol and fleeing the scene of an accident. Client submits to a chemical test with a result of 0.11%. At the DMV Zero Tolerance case, Attorney Peter F. Iocona was able to demonstrate that the DMV could not prove that the client had a blood alcohol level at or above a 0.01% at the time of driving and the case was set aside.

DUI and DWI

Case 08-001

Feb 19, 2008

OUTCOME: DUI Charges Dismissed

Client is arrested for DUI and providing false information to a police officer. After a lengthy investigation into the facts of the case, it is demonstrated that the client was not the driver of the ve ... hicle when it was being stopped by the police officers, but was only the driver at the time he switched seats with the actual driver and was told to move the vehicle forward by officers. After lengthy negotiations with the OC District Attorney's Office, all of the charges are dismissed.

DUI and DWI

DMV Zero Tolerance Case & Writ of Mandate

Jan 16, 2008

OUTCOME: Set Aside

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, despite testimony from the OSCD deputy and the PAS calibration officer that the test was not done in accordance with the OCSD deputy's training, the hearing officer upheld the one year suspension. Attorney Peter F. Iocona filed a writ of mandate in the Orange County Superior Court. After reading the transcript from the hearing, DMV offers to set aside the matter aside.

DUI and DWI

DMV Zero Tolerance Case

Sep 27, 2007

OUTCOME: Set Aside

Client is arrested for DUI and providing false information to a police officer. After a lengthy investigation into the facts of the case, it is demonstrated that the client was not the driver of the ve ... hicle when it was being stopped by the police officers, but was only the driver at the time he switched seats with the actual driver and was told to move the vehicle forward by officers. At the DMV hearing, witnesses confirm that the client was not actually driving the vehicle at the time of the traffic stop, and that the driving that he did do was not considered volitional movement. The DMV hearing officer correctly issued a set aside of the DMV suspension action and the client avoided a one year suspension of his driver's license.

DUI and DWI

DMV APS Case & Writ of Mandate

Apr 10, 2007

OUTCOME: Set Aside

Client was arrested for DUI. At the DMV APS hearing, the hearing officer upheld the DMV suspension action despite the fact that the officer provided a conclusory statement of probable cause without an ... y additional reports. Attorney Peter Iocona filed a writ of mandate in the Orange County Superior Court and DMV offers a reversal of the hearing officers decision.

DUI and DWI

DMV Refusal Case

Mar 26, 2007

OUTCOME: Set Aside

Client was arrested and charged with a DUI refusal allegation. At the DMV hearing, in spite of overwhelming evidence in support of a set aside, the hearing officer decides to uphold the one year suspe ... nsion action. Attorney Peter F. Iocona files a writ of mandate in the Orange County Superior Court and a reversal of the DMV hearing officer's decision is effectuated

Peter Francis Iocona's Legal Cases (36)

DMV Zero Tolerance Case

Case 08-001

DMV Zero Tolerance Case & Writ of Mandate

DMV Zero Tolerance Case

DMV APS Case & Writ of Mandate

DMV Refusal Case