San Francisco, CA
DUI and DWI Lawyer at San Francisco, CA
Practice Areas: DUI & DWI, Criminal Defense
OUTCOME: DUI CHARGES DISMISSED & Case Reduced to Reckless Driving: 3 Years Probation, 14 Days SWAP, 3 Month DUI School and $1,973 Fine
Client initially hired another attorney who failed at getting a reckless driving reduction. I took over the case and did it within a month.
OUTCOME: ENHANCEMENT DISMISSED: 3 Years Probation, 3 Month DUI School & NO SWAP
I often hear people arrested for DUI say that "I"m guilty. What do I need a lawyer for?" This Marin County case highlights what a good DUI attorney can do for you. Client was arrested by the CHP aft ... er being stopped for weaving. Client, had actually slept most of the night following the Outside Lands Festival in San Francisco, but nevertheless, was required to submit to two breath tests which came in a whopping .22% and .21% BAC. After arrest, client submitted to a blood test which came back at .20%. The District Attorney wanted the level two, 9 month DUI school as part of any plea deal, but this school costs an additional $1,500 and creates a ten month license suspension and/or restriction. Even though the District Attorney's request was just, I was able to negotiate a better resolution wherein the client would instead attend two AA meetings on his own schedule, a week for six months. AA meetings are free, by the way. Otherwise, this case resolved for the minimum sentence in Marin County of three years of probation, fines of $1,900, a THREE MONTH DUI SCHOOL AND NO JAIL, SWAP OR COMMUNITY SERVICE. Through some good work, I was able to get around the mandatory license suspension so client transitioned into a "restricted" license for five months. While clearly guilty of DUI, the client's DUI lawyer was able to save him thousands of dollars, hours of his life and an additional five months of license suspension on what looked at first as a hopeless case.
OUTCOME: DUI DISMISSED & NO LICENSE SUSPENSION
This case was a tough one. Client was stopped for speeding on his way home from a baby shower. Client submitted to two PAS breath tests with results of .10 and .11 BAC and then was arrested for DUI. ... While at the station, two more breath tests were obtained with results of .11 and .12% BAC. Complicating matters, this was client's second DUI offense meaning that he was looking at a minimum of 90 days suspension, which would have been a tremendous hardship since he was self employed and needed his license desperately. I appeared on this case several times but only today was I able to get the result that this client needed. Today, the District Attorney agreed to reduce the DUI to reckless driving for a highly reduced sentence of two years of probation, fine of $1,033 and an 18 month DUI School. I obtained an "acquittal" on the charge of driving with a BAC in excess of .08% resulting in NO LICENSE SUSPENSION! A remarkable result for a client who well......he can be the judge of whether or not he actually deserved it....
OUTCOME: ENHANCEMENT DISMISSED & 3 MONTH DUI SCHOOL
This was my second case of the morning here in Oakland and it actually ended up quite well for this client who was stopped by the CHP for speeding on his way home to Contra Costa County. Client failed ... field sobriety tests and was arrested for DUI. Complicating matters, client was found to be in possession of a small amount of cocaine in his pocket. Client later submits to a breath test with a result of .24% BAC. Charged with a DUI, client was looking at a 9 month DUI school and a lengthy jail sentence to boot. Well, today I settled this case for a good guy for three years of probation, fine of $1,970, only one day of SWAP and importantly only a THREE MONTH DUI SCHOOL. Client will still suffer a thirty day license suspension and need an IID to reinstate his license. You can't win them all...
OUTCOME: DUI CHARGES & REFUSAL DISMISSED FOR RECKLESS DRIVING
A driver in California has already consented to a chemical test by the very act of driving. For this reason, both the courts and the DMV take a very harsh approach to so called "refusal" cases. So of ... ten, however, these cases are either a misunderstanding caused by a failure to explain by the officer, or even worse, the officer just losing his patience and "writing it up as a refusal." This was another case of a questionable "refusal" where the client as found passed out in her vehicle at a fast food restaurant in Berkeley. Although client had cooperated fully with officers, including field sobriety tests and answering all of their questions, the officer's "wrote it up as a refusal" because the client had asked too many questions. Isn't it so much easier that way? Well, it would be only if somehow the officers had the TECHNOLOGY to somehow MAKE AN AUDIO RECORDING of the alleged explanation of the officer and the subsequent refusal.....maybe someday. In the meantime, we have to just deal with "take my word for it" from a cop. Gratefully, the District Attorney made an honest evaluation of the merits of this case and it's "proveability" and agreed to make an offer that my client couldn't refuse. The DUI and refusal charges were DISMISSED. Client accepted a minimum sentence for Reckless Driving which entailed two years of informal probation, fine of $1,033 and a 12 hour DUI School. No jail or SWAP but we've got our work cut out for us at the DMV hearing where the client faces a full one year license suspension with NO restricted license. I'll update then....
OUTCOME: DUI & REFUSAL DISMISSED for RECKLESS DRIVING
Client received reduced sentence of two years DUI probation, fine of $1,033 and 12 hour DUI School. DMV likely to suspend for one year, however.
OUTCOME: DUI CHARGES DISMISSED & CASE REDUCED TO RECKLESS DRIVING
Well, this one wasn't easy, but I guess that what made it so much sweeter. Client was visiting the Bay Area from Los Angeles when he was pulled over for speeding, 80 mph in a 65 mph zone. Client was ... cooperative with the CHP, but his PAS breath test came in a .12% and .13%. Arrested for DUI, client opted for a blood test which unfortunately came back a .13% BAC. Fremont, of course, is in Alameda County, and Alameda County is the one place in the Bay Area where if you are convicted of DUI in court, you will be required to have an Ignition Interlock Device or "IID" breathalyzer installed in your car for AT LEAST five months. Client couldn't accept this resolution and even worse, a .13% BAC case in Fremont is almost always a DUI conviction. Well...almost always. Today, I had to pull out all the stops to convince a most thoughtful District Attorney to relent and dismiss the DUI charges in exchange for a settlement on Reckless Driving. As a result, the client successfully avoided the mandatory IID requirement and received the following sentence of three years court probation, fine of $1,974, a three month DUI School (in Los Angeles) and only one day of community service through the sheriff's work alternative program or "SWAP". Client will still likely lose his license for at least thirty days followed by a work driving restriction for five months. This one really felt good.....I got the DA to stretch and the client was able to resolve his DUI case freeing up the court to focus on even more dangerous criminals. All in half a morning's work!
OUTCOME: DUI DISMISSED. CASE REDUCED TO RECKLESS DRIVING
Unbelievably, today I was able to settle my 4th straight DUI case in San Francisco for the New Year. Client was stopped by the CHP for making a turn on to a one-way street in the City's South of Marke ... t Area. Although client had consumed some alcohol, he was confused late in the evening with the one-way street grid, a common mistake for an out of towner. In either event, client cooperated with the DUI investigation and eventually submitted to two breath tests which returned results of .10% BAC. Client was then arrested and charged with DUI. Today was the first Pre-Trial Conference for this case in Department 17. The Pre-Trial Conference is usually the first hearing that gets scheduled after the arraignment in a DUI case. Ideally, it's our first opportunity to meet with the District Attorney and to discuss potential settlement of the case. When a client want to accept responsibility for his or her DUI case, this Pre-Trial Conference is the first opportunity to do so and the client should be awarded with the best possible settlement offer. Well, today, the offer of the District Attorney was reasonable and the client accepted it. The DUI charges were dismissed and the District Attorney reduced the offense to "reckless driving." Client received the lowest possible sentence of 18 months of probation, fine of about $800 and completion of a three month DUI School. Client is likely looking at a license suspension of thirty days but can get a restricted work license which will last for five months. Considering that this case could have been a lot worse, the result was acceptable and I'm grateful to have had the opportunity to help this person overcome their DUI in court.
OUTCOME: ENHANCEMENT DISMISSED & 3 MONTH DUI SCHOOL & NO SWAP
Freshly back from winter vacation, I was hopeful to help some client's get resolution of their DUI case early in the New Year so they too could start things off right. Today, the District Attorney was ... more that willing to oblige my client's who were willing to accept responsibility for their mistakes. Case in Point: This client was arrested by the San Francisco Police Department for driving late at night on a scooter with expired registration tags. After inconclusive field sobriety tests, the client submitted to a breath test with a result of .16% BAC, which by the way, qualified him for the "excessive BAC" DUI enhancement. Although it would have been nice to stretch for a reckless driving deal in the case, the client was contented by a bare minimum DUI sentence of three years informal court probation, fine of $1,850, a three month DUI School and NO additional jail, SWAP or community service. Client's license ultimately will be suspended by the DMV for six months since he won't be applying for a restricted license. At the end of the day, this was a pretty good result considering that San Francisco DUI offers have been consistently going up over the past year.
OUTCOME: ENHANCEMENT DISMISSED. 3 Yrs Probation, $1850 fine, 3 Month DUI School & 3 SWAP
A DUI case in San Francisco County is anything but easy. In fact, settling DUI cases for the best results in San Francisco is harder than any county in the Bay Area. This case was a good example. C ... lient, a 22 year old recent college graduate who's been working two jobs while trying to figure things out, gets uncharacteristically intoxicated and falls asleep at the wheel. Although the vehicle is totaled, the client is uninjured. Nevertheless, a blood test returned a BAC result of .19% which qualified him for many excessive BAC penalties. In spite of all this, the case was client's first and only criminal offense and probably his first and last DUI since spending the night in the San Francisco jail taught him a valuable lesson. Thankfully, the District Attorney recognized this person's early acceptance of responsibility and he received a minimal sentence of three years informal court probation, fine of $1,850, three month DUI School and three days of SWAP in lieu of jail. Client elected for six month license suspension over getting a restricted license. This was a good result, but more than that, it was a fair one for a tough DUI case like this.