Sonoma County 1st Offense DUI w/ Refusal Allegation
Jan 31, 2014
OUTCOME: REFUSAL DISMISSED & MINIMUM SENTENCE
Client had been previously represented by a different attorney who was unable to reach a favorable settlement with the District Attorney. I was subsequently retained to represent client for jury trial.... As so many trials go, the client decided it was in her best interests to accept a plea bargain, literally the morning of trial. Ultimately, the DA agreed to dismiss the "refusal" allegation for a plea to a DUI. As a result, client received minimum sentence of three years informal court probation, fines of about $2,000, A THREE MONTH DUI SCHOOL, and 15 days of HOME DETENTION in lieu of jail or SWAP. Client got her license back with an SR22 and in the end, everybody won.
DUI and DWI
San Francisco County .10% BAC 1st Offense DUI
Jan 29, 2014
OUTCOME: DUI CHARGES DISMISSED & CASE REDUCED TO RECKLESS DRIVING
Client was a 22 year old who made the mistake of driving after drinking alcohol. Stopped by the CHP for speeding on 101 after midnight, client submitted to breath test with a result of .10% BAC and wa...s arrested for DUI. The DA in this case tried to hold to a DUI offer for resolution. I refused and they then came back with a "wet reckless" offer, but with all DUI punishment. Again, I refused. This case should have been a minimum sentence wet reckless from the beginning, undaunted, we educated the new DA who finally relented (it helps when the client wears a suit and tie to court). As client was a student, I was grateful to get the DUI dismissed for a plea to misdemeanor reckless driving, thus saving him a lot of money but doing nothing to the "lesson" he would learn. Client received 18 months of informal probation, fine of about $850, and a 12 hour DUI School. Client's license likely to be suspended for four months then reinstated with SR22.
DUI and DWI
San Francisco County DUI Expungement Conviction
Jan 22, 2014
OUTCOME: PETITION GRANTED. DUI CONVICTION DISMISSED
I've said it before, but I think I appreciate these expungement cases the most. Case in point, I represented this client for a San Francisco DUI case in 2011 which resulted in a DUI conviction. Clien...t was a school teacher who successfully completed probation and then moved to the East Coast. Although the San Francisco District Attorney's Office now summarily objects to all DUI expungement petitions (unlike all other misdemeanor cases), which ultimately requires a finding that the expungement would be "in the interests of justice," we nevertheless succeeded by preparing a well written declaration from the client. As a result, he did not have to appear personally for the formal hearing on the matter and the petition was granted over the DA's objection. It's another example where District Attorney's treat DUI cases differently that all other misdemeanors. Most unfairly, too, in my opinion. This client, like 90% of my clients, made a mistake, learned from the mistake and will never be in the criminal justice system again. The fact that he hired me again to handle his expungement, even though he was convicted of the DUI in the underlying case, is a true compliment to the work I do and greatly appreciated.
DUI and DWI
Alameda County (Oakland) .25% BAC 1st Offense DUI w/ Felony Child Endangerment (Collision)
The Child Endangerment DUI is the toughest DUI case short of a serious injury or fatality. This case was no exception. Client was in her mid 30's and employed as a teacher. She had been suffering fr...om an eating disorder which we believe may have affected the accuracy of her breath tests. Nevertheless, she was detained after she barely sideswiped a parked car (causing little damage). When police arrived, they found her eight year old in the back seat and immediately arrested her for DUI and felony child endangerment. In court, we were able to get the case reduced to a misdemeanor and ultimately settled the case today for a STANDARD first offense DUI, well sort of. The child endangerment charge was dismissed along with the special enhancement that her BAC was in excess of .15%. Client received three years of informal court probation, fines of $1,963, a 9 month DUI school and 8 days of Sheriff Work Alternative Program ("SWAP") in lieu of actual jail. The DA kept a Protective Order in place so that she could not "harm or harass" the child. Since the Order itself had the potential of termination from employment, I had to add the case back to calendar one week later to get it lifted. In the end, her license was suspended for thirty days and restricted for 10 months with installation of a Ignition Interlock Device ("IID"), basically a breathalyzer for the car. Cases like this often take a year to settle, today we did everything she wanted all on the second Pre-Trial Conference.
DUI and DWI
Alameda County (Oakland) .21% BAC 1st Offense DUI w/ Enhancement
Jan 22, 2014
OUTCOME: ENHANCEMENT DISMISSED: THREE MONTH DUI SCHOOL
Client was a younger person who made the mistake of driving home after going to clubs in San Francisco and having way too much to drink. Stopped by the CHP just after the Bay Bridge for speeding, Clie...nt submitted to a blood test which came in a .21% BAC. Although the DUI was bad enough, California law says that a person with a BAC in excess of .20% should ALWAYS be ordered to do a NINE MONTH DUI School instead of the standard THREE MONTH School. Today, I settled this DUI case for a dismissal of the special enhancement and minimum sentence terms of three years informal court probation, fine of $1,964, a three month DUI school and only one day of SWAP in lieu of jail. This was a nice result because I was able to save the Client six months of DUI school, five months of additional license suspension/restriction with DMV and thousands of dollars. I'm sure not to hear from her again until she completes her probation in three years and we get the conviction expunged.
DUI and DWI
San Francisco County Under 21 Zero Tolerance DUI
Jan 17, 2014
OUTCOME: CASE DISMISSED
Client cited for driving with a BAC in excess of .05%, but less than .08%. Either way, client looking at ONE YEAR hard suspension of his license. Today, I appeared in the traffic court on his behalf ...and the case was DISMISSED/INVALIDATED, due to a technical problem with the citation (Officer put wrong Vehicle Code section on the ticket)....Reminds me a little of Homer Simpson....Doh!
DUI and DWI
Contra Costa County (Martinez) .10% BAC 2nd Offense DUI w/ Probation Violation
Jan 17, 2014
OUTCOME: DUI CHARGES DISMISSED & CASE REDUCED TO RECKLESS DRIVING
This was one of those mornings....Contra Costa County can be one of the most taxing in the Bay Area for a DUI defense attorney. First of all, the District Attorney has one year from the date of the ar...rest to file a misdemeanor complaint against an alleged drunk driver. The defendant is almost always given a CITATION based on his promise to appear for ARRAIGNMENT on a set court date. In my experience, the District Attorney NEVER gets around to filing their misdemeanor complaint with the Clerk's Office prior to the arraignment date. As a result, the defendant (or myself), is required to spend a pointless morning going to court on the set arraignment date only to confirm that the case is "pending" and the District Attorney will notify the defendant when a case is filed against them. Contra Costa County is the ONLY District Attorney's Office in the Bay Area that has a policy of inaction such as this. Case in point: This client was arrested in January of 2013; the arraignment (first court date) wasn't completed until mid November 2013; and the first (and thankfully last) Pre-Trial Conference today (January 2014).
This policy of delay is harmful and unjust to defendants charged with DUI in Contra Costa County like no other criminal defendant. DUI's, unlike other misdemeanor crimes, have a contemporaneous DMV case/suspension which usually inflicts its punishment PRIOR to the criminal case resolution. Since the delay in prosecution is often significant (10 months!), the client who has already served his or her full license suspension at DMV will get their license suspended a SECOND TIME based on the same case. The only way to get around this unintended double DMV punishment is to get the case dismissed or convince the District Attorney to reduce the charges. This can be a tall order.
Not so today. Client was arrested for DUI by the San Ramon Police Department after making an illegal U-turn. His blood test came back at .10% BAC, but worse still, he was still on active DUI probation for a DUI conviction from another county. The DA's arraignment offer was plea to DUI and get 30 days jail among other evils. This given morning, however, a very fair and reasonable DA understood the dual DMV consequence issue and reduced the DUI to reckless driving while dismissing the DUI charges and probation outright. Client, (a younger adult still living at home and working full time) received a lesson and a greatly reduced sentence of two years informal court probation, fines around $1,600, 12 hour DUI school, and NO JAIL, SWAP OR COMMUNITY SERVICE. Client served full one year suspension of license based on DMV administrative hearing.
Criminal defense
Alameda County (Oakland) Penal Code Section 647(f) "Drunk in Public"
Jan 08, 2014
OUTCOME: CASE DISMISSED
A misdemeanor conviction for being drunk in public can be just as devistating to client as a DUI. Since the cases involve essentially the same issues as a DUI (minus driving of course), I am often ret...ained by clients facing this misdemeanor charge. Case in point, client was arrested in Oakland outside a club by Oakland Police after an altercation. Client spent the night in jail and ended up with a misdemeanor case. Public Intoxication cases SHOULD BE FOUGHT. Unlike a DUI case where the client usually performs Field Sobriety Tests and either a breath or blood test, Public Intoxication cases are usually made on the subjective opinion of the arresting officer. Since Public Intoxication requires that the defendant be "unable to care for the safety of his or herself or others," it's very difficult for a District Attorney to prove beyond a reasonable doubt unanimously to a twelve person jury. Fortunately, this case didn't have to go that far and was DISMISSED.
DUI and DWI
Alameda County (Oakland) Petition for Early Termination of DUI Probation & Expungement
Dec 30, 2013
OUTCOME: PETITION GRANTED: Probation Terminated and Conviction Expunged
Client trusted me to represent him on two separate DUI matters and expungement of his first DUI conviction. In this case, client had five years of probation after second DUI conviction in three years.... A young professional, he desperately needed off probation so he could expunge his DUI conviction and look for work. We petitioned the court for early termination but were denied. We didn't give up there, and we refiled and it was granted the second time around just in time for the New Year. I hope this fresh start guarantees that this client will never need my services again!
DUI and DWI
Alameda County (Oakland) .08% BAC 1st Offense DUI
Dec 12, 2013
OUTCOME: CASE DISMISSED
Client was either the luckiest or unluckiest person depending on how you look at it. He was arrested for DUI by the CHP after being stopped by the CHP for speeding. Two breath tests and a blood test ...all came in at .08% BAC and the district attorney filed a complaint against him. After a retest of the blood sample which came back a .07% BAC. Faced with this evidence, the district attorney did the right thing and dismissed all charges.
