Attorney Nors Elwood Davidson's Legal Cases

DUI and DWI

San Francisco County DUI Expungement Petition

Jan 05, 2015

OUTCOME: Petition Granted: DUI CONVICTION DISMISSED

In my first case of the new year, I appeared this morning in San Francisco for a client now living in Florida who was convicted of a DUI back in 2011. I knew his case well since I was the DUI attorney ... who represented him back then and was flattered when he chose to retain me again to represent him for this matter. Client was a young college student when the DUI arrest happened and has worked hard to change his life since, now even applying to law schools. As it turns out, this coonviction was preventing this client from obtaining employment, so it was critical that we get this singular conviction dismissed from his record. Although the district attorney objected to the granting of the petition, i successfully argued the merits of the clients sworn declaration (he wasn't able to attend himself) and convinced the court to dismiss the case in the "interests of justice." With the DUI now dismissed, this young man's bright future can now be realized. What a great case to start the new year!

DUI and DWI

San Francisco County .08% BAC 1st Offense DUI

Jul 21, 2014

OUTCOME: DUI DISMISSED. Case Reduced to Reckless Driving: NO LICENSE SUSPENSION

This unfortunate case involved a client who was stopped for speeding by the CHP on 101 and ultimately submitted to a blood test which returned a .08% BAC. Since the district attorney actually filed ch ... arges on this case, getting the criminal charges without a jury trial, something which the client definitely didn't want. That said, we had to achieve the best possible result within our litigation budget. Today, I successfully negotiated a settlement of the case for a dismissal of the DUI charges in exchange for a plea to reckless driving. Client was sentenced to the minimum 18 months of informal court probation, paid a reduced fine of $800 and was ordered to complete a 12 hour DUI school. Fortunately, I was able to win the client's DMV hearing so he didn't lose his license, didn't have to complete a three month DUI school and did not have to file an SR22. This end result saved the client thousands of dollars and prevented the loss of his job which was dependent upon his valid license.

DUI and DWI

Alameda County (Oakland) .15% BAC 1st Offense DUI w/ Collision

Jul 11, 2014

OUTCOME: Probation Granted: 3 years, 3 Month DUI School, 172 hours Community Service & $281 Fine

I always say first offense DUI cases come in all different shapes and colors, but are in reality, the same mistake. Take the case of this client, for example. Client was under 21 and went to a dinner ... party where she drank a fair amount of wine. Client didn't have much experience drinking, much less driving, and no one thought to get her a ride home. Instead, client attempted to drive home but got lost and then confused ending up in a ditch after a solo vehicle collision. Thankfully, no one was injured but when the CHP arrived, the DUI investigation began. Ultimately, client submitted to two PAS breath tests with results of .14 and .15% and she was arrested. Client then submitted to two "evidential" breath tests which had identical results. Although this client had made a terrible mistake, she now faced a criminal prosecution in court and it's an unwritten fact that the district attorney's like to enhance the punishment for any DUI related collision case. Nevertheless, we presented our best to the prosecutor who graciously allowed us to resolve the DUI case for BELOW the minimum sentence possible. Client was convicted of DUI and received three years informal court probation, a 3 month DUI School; reduced fine of $281; 172 hours Community Service and NO additional jail or SWAP. As client was under 21 at the time of the DUI arrest, her license was suspended by DMV for one full year with no restriction. Like most DUI's, this was a stupid mistake, but I'm confident that this client learned her lesson and will never get a DUI again.

DUI and DWI

San Francisco DUI Expungement Petition

Jul 09, 2014

OUTCOME: Petition Granted & Reckless Driving Conviction Dismissed

It was a busy day at the Hall of Justice, especially trying to get into Department 18 for an expungement petition for a former DUI client of mine in San Francisco. Truly, the real work was done by me ... when I represented him two years ago for his original DUI charge. In that case, I was able to get the DUI charges dismissed in exchange for a plea to the reduced charge of reckless driving. Although this was still a misdemeanor conviction, Client's probation was significantly reduced resulting in our eligibility for an expungment well before the standard three to five years that is required for a DUI conviction. Since the original reckless driving conviction only had an 18 month requirement, and the client had paid all his fines and completed his DUI School, he was now eligible for expungement. We appeared together today in Department 18 and the Honorable Kathleen Kelly granted our petition and signed the order which dismissed the client's only criminal conviction.

DUI and DWI

Alameda County (Oakland) .11% BAC 1st Offense DUI

Jun 20, 2014

OUTCOME: DUI Charges Dismissed: Case Settled for Reckless Driving

This case had a lot more at stake than you'd think with a first offense DUI. Client was from Nepal and living in the United States illegally while seeking political asylum. Regrettably, he was pulled ... over by the CHP for speeding and determined to be DUI after his Field Sobriety Tests and a PAS breath test of .12% BAC. A subsequent blood test only confirmed the fact and returned a .11% BAC. All DUI convictions in California have a mandatory 48 hour minimum sentence. Although this sentence is usually served through the Sheriff's Work Alternative Program or "SWAP", that program requires booking and being illegal, this client faced a potential ICE hold and even deportation back to Nepal. With the pressure on, we needed to get this case reduced, not just to save the client punishment and money, but to avoid the mandatory minimum sentencing that flows from a DUI conviction. Gratefully, I was able to settle this case today in Oakland for a dismissal of the DUI charges in exchange for a plea to the reduced charge of reckless driving ("wet" reckless). Client received a substantially reduced sentence of two years of informal court probation, a fine of $1,033 (about half the normal DUI fine), a 12 hour DUI School (again about half the length and cost of the regular DUI School) and most importantly NO jail or SWAP. Since we avoided the DUI conviction in Alameda County we also avoided the mandatory Ignition Interlock Device ("IID") requirement that comes with all DUI convictions in Oakland. At the end of the day, we saved the client thousands of dollars, a hefty punishment and avoided the risk that he would be deported back to Nepal. All in a days work!

DUI and DWI

Alameda County (Fremont) .16% BAC 1st Offense DUI w/ High BAC Enhancement

Jun 19, 2014

OUTCOME: DUI Charges Dismissed: Case Settled for Reckless Driving

This case involved a registered nurse who went out with friends and unusual for him, drank a lot of alcohol and attempted to drive home to Fremont. While driving home, client was stopped by the CHP fo ... r driving erratically. Client performed poorly on field sobriety tests and was ultimately arrested for DUI. After his arrest, client submitted to a breath test which showed a BAC of .16%. I initially appeared for client's arraignment, but the DA had yet to file charges, which is pretty common in Fremont these days. After several months, the client lost his license by way of the DMV hearing which occurred well before the criminal case. Client enrolled in the DUI School to get his restricted license and nearly completed it along with over sixty AA meetings before the District Attorney finally got around to charging his case. As a registered nurse and the sole breadwinner for his family, it was critical that we minimize the impact of this DUI case which he was going to have to report to the Board of Registered Nursing ("BRN"). Although things looked bleak initially, I took the extra time at the Pre-Trial Conference to ask the District Attorney every which way I could to reduce the offense. Finally, the District Attorney relented and agreed to dismiss the DUI charges for a plea to reckless driving ("wet reckless"). The DUI charges and enhancement were dismissed and the client enthusiastically accepted the offer which included the following sentence of three years informal court probation, a fine of approximately $2,000, a three month DUI School, and one day of SWAP (community service) in lieu of actual jail time. Since the case was reduced, client was NOT required to install an ignition interlock device ("IID") as is required for all DUI convictions in Alameda County. Honestly, I was even surprised by the result in this case, but in the end it proved the point that I've always made which is that you can't get anything unless you ask for it! Client's license was suspended for thirty days and subsequently restricted for work purposes for five months. Client was truly sorry for his DUI arrest and I'm confident that I won't hear back from him until the time comes to expunge his reckless driving conviction.

DUI and DWI

Alameda County (Fremont) .12% BAC 1st Offense DUI w/ Speed Enhancement

Jun 19, 2014

OUTCOME: DUI Charges Dismissed: Case Settled for Reckless Driving

This was a tough morning in Fremont as the DA almost immediately jumped on me making the prospect of settling my two DUI cases very thin. Nevertheless, I stayed calm and continued smiling which result ... ed in two very positive settlements. This client was charged with his first DUI, however, it was complicated by the fact that he was stopped by the CHP for traveling in excess of 100 MPH. Considering that his blood test came in at .12% (which is just over the Alameda guideline for a reduction), we weren't expecting the case to resolve here at the first Pre-Trial Conference. In spite of the DA's initial outrage, she ultimately came around and we settled this case for a reduction to reckless driving for three years of informal court probation, a 12 hour DUI school and a reduced fine of around $1,000. Client didn't have to complete any jail, SWAP or community service and most importantly, wasn't required to have an Ignition Interlock Device "IID" installed as it required for all persons convicted of DUI in Alameda County. Client accepted four month suspension of his California driver's license, but was nonetheless quite grateful to have the DUI charge dismissed and his sentence greatly reduced.

DUI and DWI

San Francisco County .17% BAC 1st Offense DUI w/ Forced Blood Draw Refusal

Jun 16, 2014

OUTCOME: ENHANCEMENT DISMISSED & 3 MONTH DUI SCHOOL & NO SWAP

This was an interesting DUI case which again demonstrated the value of an experienced and dedicated DUI attorney in San Francisco. Client was stopped by SFPD for a tail light violation on a moped. It ... was early in the morning and client had been drinking, so the client's temper overtook the situation and the arresting officer ultimately wrote the case up as a "refusal" since the client wouldn't submit to a breath or blood test. Not to be denied, the arresting officer obtained a search warrant to force the client to give a blood sample which was subsequently tested at .17% BAC. Thankfully, client did not need to drive, because the refusal was a difficult case for the DMV and client's license was suspended for one full year without a restricted license available. Conceding the DMV, we put the full weight of our defense into the criminal case which we were able to settle today for a dismissal of all enhancements and a highly reduced sentence, considering the District Attorney's original offer at arraignment. In the end, client was convicted of DUI, but received the minimum sentence of three years informal court probation, fine of $1,858, THREE MONTH DUI School (v.s. 9 month) and NO jail, SWAP or community service. I think I helped client accept responsibility for this one, but am most grateful that I saved the client months of her life in DUI school and SWAP and thousands of dollars that the client really needed. This case showed again why an experienced DUI attorney, especially in San Francisco, can make all the difference in almost any DUI case.

DUI and DWI

San Francisco County .21% BAC 1st Offense DUI w/ High BAC Enhancement

Jun 16, 2014

OUTCOME: ENHANCEMENT DISMISSED & 3 MONTH DUI SCHOOL

This was a challenging case, but in the end, I was able to keep it together for the client to resolve an otherwise bad DUI case for minimal punishment. Client was an international student who was stop ... ped by the CHP for speeding with three friends in the car. Client blows a .21% on the PAS and is arrested for DUI. Some time later, Client was again breath tested with again a .21% BAC. Although Client was charged with DUI and a high BAC enhancement, we were able to avoid any pre-trial release conditions which was critical as the Client ended up moving to the East Coast. After two Pre-Trial Conferences and much wrangling with the District Attorney, we finally settled the case today, and in such a way that the Client won't have to come back to San Francisco. The High BAC Enhancement was dismissed and client was sentenced to three years of informal court probation, fines of $1,918, an ONLINE DUI School (3 MONTH NOT THE 9 MONTH PROGRAM), 80 hours of community service and 15 AA meetings. By getting the enhancement dismissed and the concession for the the three month DUI School, I was able to save the client thousands of dollars. I sincerely hope he learns his lesson from this DUI experience and I don't hear from him again until he's ready to expunge his DUI conviction.

DUI and DWI

Marin County (San Rafael) .15% BAC 1st Offense DUI w/ Collision

Jun 12, 2014

OUTCOME: ENHANCEMENT DISMISSED & DUI SENTENCE MINIMIZED

It's true that bad things can happen to good people. Client was a hard working young man and recent college graduate who made the critical mistake of drinking bottomless mimosa's during a brunch date ... with his girlfriend in San Francisco. After driving all the way from San Francisco to Sausalito, client was involved in a very minor collision with a parked car. Events soon spiraled out of client's control and the Sausalito Police were soon on the scene to conduct a DUI investigation. Client refused the PAS test but later submitted to two breath tests which came in at .15% BAC. Ultimately, client was charged with DUI and enhancement for BAC in excess of .15%. Today, we settled the case for a dismissal of the enhancement and plea to the DUI. Client received the minimum three years court probation, had fines of over $2,000, was ordered to attend a three month/level one DUI School and perform 15 hours of community service. In the end, this was a favorable outcome for this DUI case. The District Attorney originally wanted two AA meetings a week for twelve successive weeks as part of the settlement. For a first offense DUI and considering the age of the defendant, such AA counseling would be excessive and burdensome. Regrettably, Client's California Driver's License was suspended for around 30 days with five months of restriction with a $125 DMV reinstatement fee and filing of an SR22. We didn't have a good case for dismissal here, but we did manage the case and minimize the damage. We'll get the DUI dismissed in three years when the client successfully completes his probation!

Nors Elwood Davidson's Legal Cases (1087)

San Francisco County DUI Expungement Petition

San Francisco County .08% BAC 1st Offense DUI

Alameda County (Oakland) .15% BAC 1st Offense DUI w/ Collision

San Francisco DUI Expungement Petition

Alameda County (Oakland) .11% BAC 1st Offense DUI

Alameda County (Fremont) .16% BAC 1st Offense DUI w/ High BAC Enhancement

Alameda County (Fremont) .12% BAC 1st Offense DUI w/ Speed Enhancement

San Francisco County .17% BAC 1st Offense DUI w/ Forced Blood Draw Refusal

San Francisco County .21% BAC 1st Offense DUI w/ High BAC Enhancement

Marin County (San Rafael) .15% BAC 1st Offense DUI w/ Collision