Alameda County (Oakland) .20% BAC 1st Offense DUI (Felony) w/ Injury Collision
Dec 09, 2013OUTCOME: MISDEMEANOR DUI, NO JAIL, NO DUI SCHOOL & NO SWAP
The long and winding road of a case. This young man is enlisted in the United States military and had a night of drinking with his buddies in Fremont. After making the horrible decision to drive, he ... rolled his pick up truck rendering it totaled and injuring one of his drunk passengers. Client arrested by Fremont Police Department for a FELONY injury causing DUI which landed him in Santa Rita. A subsequent blood test came back a .20% BAC thus qualifying him for the additional enhancement of excessive BAC above .15%. After securing client's release from custody, I began the process of moving the case from Fremont to Oakland. Although the venue transfer was a contested matter and the DA fought me tooth and nail, the judge granted the motion and in Oakland, I was able to secure a remarkable settlement result which took into account the client's service to our country, his relative youth and the fact that the injuries were minor and the passengers willingly became intoxicated with and got into the vehicle. Today, the case settled as a MISDEMEANOR and the client received the minimum probation of three years, fine of $1,964, NO DUI SCHOOL REQUIRED AND NO JAIL, SWAP OR COMMUNITY SERVICE. Client's license suspended for six months, but he was willing to give up driving in California anyway.