San Luis Obispo, CA
Criminal defense Lawyer at San Luis Obispo, CA
Practice Areas: Criminal Defense, Mediation ... +2 more
OUTCOME: License Not Suspended
An expert witness was utilized for testimony to show that although Client had given a breath sample above a .08 percent, her blood alcohol level had risen after she had been pulled over. (Typically a p ... erson reaches highest BAC approximately one hour after their last drink.) Client was found not to have driven with a BAC above a .08 percent. The suspension of her driver's license was not imposed.
OUTCOME: Win - License not suspended
Client was alleged to have driven with a BAC of .090 percent based on the blood test performed by law enforcement. The blood was re-tested by a private laboratory with a .074 result. Because the DMV ha ... s in the past taken the position of averaging blood samples, we had the blood re-re-tested to give us a third result of .075. Instead of averaging two samples for a mean average of .082 percent, the DMV had to average three samples for a mean average of .079 percent. Client won and her license was not suspended.
OUTCOME: Case Dismissed
Client was charged with auto theft, possession of heroin and illegal possession of hypodermic needles. The case had been in a warrant status for 27 years. Because Client had been present in court for t ... he first arraignment date and then subsequently failed to appear, it was unclear if he could assert a violation of his right to a speedy trial. Rather than risk an adverse outcome, an agreement was reached with the prosecutor in which Client would pay $500 to the Red Cross fund for victims of the California wildfires and in exchange the case against him would be dismissed. Client has been sober for 25 years and has gone on to become a small business owner and a father - even hosting recovery classes in a prison near his home as a volunteer.
OUTCOME: Original Charges Dismissed; Reduced Charge; No jail
Client was alleged to have left a bar at 1 A.M. per surveillance video, crashed his car into a fence, left the scene of the accident, called the police to report his car stolen, and then traveled to th ... e police station to report his car stolen. We were able to reach a civil compromise with the fence owner for $400 which allowed the hit and run to be dismissed. We negotiated the charge of filing a police report down to a charge of delaying the police which is not a crime of moral turpitude and can be expunged in 18 months. This was based largely on client's lack of criminal history and young age.
OUTCOME: Dismissed
Client was charged with possession of a restricted animal in violation and unlawful possession of a wild animal in violation of FG 2118, both punishable by 180 days in the county jail. An agreement was ... reached in which client would perform 40 hours of community service and pay $500 into a fish and wildlife fund in exchange for the case being dismissed. Because client never admitted guilt, she was eligible to have the record sealed as a matter of right.
OUTCOME: No Criminal Charges Filed
Client was arrested and charged with making terrorist threats as a felony in violation of Penal Code Section 422. Client posted bail and was released from jail. A mitigation packet was brought to the D ... istrict Attorney's Office with a statement from the alleged victim stating that he was not placed in a state of fear by the alleged threats, which was one of the required elements of the crime. Also in the packet were items highlighting Client's good character, achievements and lack of criminal records. The DA decided to reject the police report and not file charges. The first court date was vacated.
OUTCOME: Dismissed
Client was charged with driving under the influence of alcohol. The BAC was alleged to have been a .19 percent. After reviewing all available video and having it transcribed, it became apparent that th ... e allegation against client was that he was revving his engine and doing "burnouts" while intoxicated. We presented evidence to the prosecution that an all-wheel-drive vehicle is incapable of doing burnouts. Case law in California supports the proposition that a DUI cannot occur unless the vehicle moves some distance, however short. Unlike most states, revving one's engine while intoxicated is not considered a DUI in California. The case was set for trial and dismissed on the eve of jury selection.
OUTCOME: Enhancement Dismissed
Client had a 2014 conviction for possessing heroin for sales with a three year prison enhancement for a prior sales convictions. We were retained to seek a modification. In 2018, California eliminated ... the enhancement enhancement for a prior sales conviction under HS 11370.2 Because Client's case had been in a warrant status for four years, his case was considered "not yet final on appeal" and the change to the law was applied retroactively to his conviction.
OUTCOME: Reduced to a Misdemeanor, No Jail, 40 hrs Community Service, Informal Probation
Client was facing a maximum of 11 years in prison for assault on a police officer by means likely to produce great bodily injury and resisting arrest. During the hearing it became evident from body cam ... era videos that Client had acted in defense of someone she believed was being subjected to excessive force. Rather than litigate the reasonableness of Client's belief, a settlement was reached midway through the preliminary hearing. All three felony charges against Client were dismissed and she was given credit for time served of one day in jail with a requirement that she perform 40 hours of community service and pay a $500 fine.
OUTCOME: Dismissal
Client was charged with hit and run in violation of Vehicle Code Section 20001. An agreement was reached in which the case would be dismissed if Client paid restitution and remained in good standing wi ... th a Department of Veterans Affairs treatment program in another county for six months. Client kept his end of the bargain and the case against him was dismissed.
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