Marin County 1st Offense DUI Prescription Drugs
Aug 10, 2018OUTCOME: DUI CHARGES DISMISSED; CASE REDUCED TO RECKLESS DRIVING
Client is in her mid 50's and takes several medications for depression and health reasons related to a previous cancer diagnosis. After a dentist visit, client was observed driving by a non police cit ... izen who called 911 and claimed that she had collided with a guardrail and was weaving. The San Rafael Police Department located her but did not observe any bad driving. Client was detained and required to complete field sobriety tests with a PAS breath test of 0.0% BAC. Although the police needed a "Drug Recognition Expert" to properly render an option as to whether or not she was under the influence of drugs, they failed to do this. Moreover, they also failed to provide evidence that the client was actually impaired by drugs, rather than being just a bad driver. Nevertheless, the District Attorney wanted a harsh sentence which included a plea to the DUI, 10 days in jail and a full year of license suspension. We rejected this offer and set the case for both jury trial and a motion to suppress evidence. I'll just say that I did not charge the client any additional fees for either of these costs. In the end, the DA significantly reduced the offer to a plea to 'reckless driving" for three years of probation, fine of $148 (normal fine is $2,000) and a 12 hour DUI school with NO JAIL and NO LICENSE SUSPENSION.