Attorney Nors Elwood Davidson's Legal Cases

DUI and DWI

San Mateo County (Redwood City) .11% BAC 1st Offense DUI

Oct 09, 2013

OUTCOME: DUI CHARGES DISMISSED. CASE REDUCED TO RECKLESS DRIVING

Client encountered the CHP after his vehicle became disabled along the side of Southbound 101. A preliminary breath test revealed a .11% BAC and he was subsequently arrested for DUI. A breath test at ... the station came in at .09% BAC, which gave us an opportunity to settle the case for a reduced charge. Today, a Pre-Trial Conference lasted nearly five hours in the "consolidated" San Mateo County Court, but the result was worth the wait. The District Attorney reduced the offense to reckless driving and client received a reduced sentence of two years informal court probation, fine of about $1,500 and a 12 hour DUI school. Client's DMV hearing remains pending since this reduction did not result in a mandatory suspension of his license. As the officer did not establish time of driving, he has been subpoenaed for this administrative hearing and I'm hopeful that we can be successful and avoid a license suspension, three month DUI school and the SR22 filing requirement.

DUI and DWI

San Mateo County (Redwood City) .15% BAC 1st Offense DUI

Oct 07, 2013

OUTCOME: Probation Granted: Three Years Probation, Fine $1,079, 3 Month DUI School & 2 SWAP

Client is a graduate student looking to move out of the Bay Area for continued education, but had a hiccup along the way. Client was stopped by the Pacifica Police Department for speeding and a subseq ... uent breath test came back a .15% BAC resulting in his arrest for DUI. Since Client was leaving the state, I advised him to enroll early in the DUI school so he could complete before he leaves thus saving him a major license nightmare. Today, we settled his criminal case and remarkable the judge gave him a substantial fine discount for enrolling the DUI school early. Client received three years informal court probation, REDUCED FINE OF $1,079, three month DUI school and two days of SWAP in lieu of actual jail. In the end, client was able to resolve his case and I'm happy to have helped him make this mistake part of his past rather than his future.

DUI and DWI

San Francisco County .14% BAC 1st Offense DUI

Oct 07, 2013

OUTCOME: DUI CHARGES DISMISSED. CASE REDUCED TO RECKLESS DRIVING

I believe that first offense DUI cases can come in all different shapes and colors. They are all basically the same mistake, just repeated by different individuals in differing circumstances. Today's ... case in Department 17 was no exception. My client, who was in his mid 60's, had no criminal record his entire life only to make the mistake of driving after drinking on his way home to San Jose. CHP stopped him for weaving and a breath test revealed the damming evidence: .14% BAC. Now, client really needs his driver's license so that he can work and care for his elderly parents. In order to have a chance at the DMV, we had to first get the DUI charges dismissed. After some coaxing, the District Attorney agreed to dismiss the DUI charges and the case settled for a reckless driving plea. Client's sentence was reduced, i.e., three years informal court probation, NO JAIL OR SWAP, a three month DUI school and fine of only $863. The reckless driving conviction does not result in a mandatory license suspension, so now I'm in a position to get him through the holidays driving his family and still have a chance to avoid the actual suspension altogether. Since .14's don't usually get reductions, I'm happy to report that spending your entire life crime free still means something in San Francisco, even if your first "crime" is a DUI.

DUI and DWI

Marin County .10% BAC 1st Offense DUI

Sep 13, 2013

OUTCOME: Probation Granted: 3 yrs, Fine $1850, 3 M DUI School & NO JAIL OR SWAP

Client was an out of state resident who was visiting San Rafael for work. Client had a couple of beers at Viking Bar and then drove home to his hotel forgetting that his headlights were not on in his ... unfamiliar rental car. Stopped by Novato Police Department, he passed all field sobriety tests but his blood test came back a .10% BAC. Although we had a good "rising BAC" defense, Client didn't want the time or risk of a jury trial, so he accepte3d a negotiated disposition which allowed him to complete everything in Idaho. Client received three years informal court probation, fine of $1,800, NO JAIL, SWAP OR COMMUNITY SERVICE, and completion of a little know correspondence DUI school to satisfy the court. As an out of stater, he'll need to physically complete the California DUI school to reinstate or serve the entire six month suspension with submission of an SR22 and an out of state waiver packet.

Speeding and traffic ticket

SAN FRANCISCO COUNTY TRAFFIC INFRACTION TRIAL

Sep 10, 2013

OUTCOME: INFRACTION DISMISSED AT BENCH TRIAL FOR NO DRIVING POINT

Honestly, I don't usually handle traffic ticket cases, and it shows. For example, several lawyers have rave reviews on YELP.com, but these reviews require full disclosure (UNLESS YOUR SOME OTHER LAWYE ... R OR A FAKE WRITING FALSE REVIEWS)...ANYWAY, traffic ticket cases are less serious and as a result folks write lots of reviews. Hopefully, I can get one here.....I took this illegal left turn case for a friend from Church. Unfortunately the officer appeared for the trial, BUT, we negotiated a disposition where client would pay a $285 ticket, BUT FOR NO MOVING VIOLATION AND NO TRAFFIC SCHOOL. Actually a great result which was obtained Pro-Bono and I hope to get a positive yelp review to counteract the completely false one that was probably written by a bored lawyer who'd rather slander a successful one than analyze why people don't want to hire him or her. Anyway, no money here, but as lawyers, we have an obligation to do pro-bono cases and I take that responsibility seriously.

DUI and DWI

Alameda County (Oakland) .09% BAC 1st Offense DUI

Sep 09, 2013

OUTCOME: DUI CHARGES DISMISSED. NO CRIMINAL PENALTY

Client was a younger female who stopped off of I 880 after she tried to make a last minute turn for an exit and shredded her tires out. CHIP arrived shortly thereafter and she submitted to a series of ... breath tests ranting from .08% BAC to .11% BAC. Although she was arrested for DUI, I was able to convince the District Attorney to DISMISS ALL CRIMINAL CHARGES. However, the DMV was not so generous. She ended up losing her license administratively for four months. After four months, she can get her full license reinstated with an SR22. Since she was leaving the country anyway, it really worked out and I'm certain that although she received no punishment, that she learned a valuable lesson and won't be a repeat customer.

DUI and DWI

Alameda County (Pleasanton) .10% BAC 1st Offense DUI

Sep 05, 2013

OUTCOME: DUI CHARGES DISMISSED: NO LICENSE SUSPENSION, $$$ SAVED

This was a highly rewarding result on many levels. First of all, client was a good hard working guy with no criminal history whatsoever who thought he was ok to drive home after drinking with dinner. ... On his way home, he was cut off by an over aggressive driver causing his to slam on his brakes. Of course, the California Highway Patrol pulled over my client and his wife who was also in the car. Although he performed excellent of the Field Sobriety Tests ("FSTS"), the truth is that these young CHP officers frankly use these tests just to build evidence, not to fairly evaluate intoxication. The breath tests, though, came in at .09% and .07% BAC and then the blood ultimately .10% BAC. Client was honest and told CHP he recently consumed alcohol which gave us a likely "rising BAC" defense. Anyway, with the case in Pleasanton, which has a history of being the strictest court in Alameda County, it seemed likely that the client would indeed be convicted of a DUI or at least reckless driving. Today, I surprised myself in negotiating with a surprisingly fair and friendly Deputy District Attorney for a DISMISSAL OF ALL DUI CHARGES, for plea to misdemeanor reckless driving with three years probation, fine of $915 and a 12 hour DUI school. DA agreed to hold bench trial on the 23152(b) charge which resulted in an acquittal. Otherwise known as a Helmandollar Plea, this elusive result meant that client suffered NO LICENSE SUSPENSION, NO SR 22 REQUIREMENT, NO THREE MONTH DUI SCHOOL AND LASTLY NO IGNITION INTERLOCK DEVICE "IID". Today's deal will end up saving the client upward of $10,000, not to mention the hassle. Client's newly married and starting his life, so it's extremely rewarding to work hard and get him a break so this won't ever happen again.

DUI and DWI

San Francisco County .22% BAC 2nd Offense DUI w/ Probation Violation

Sep 04, 2013

OUTCOME: ENHANCEMENT & PROBATION VIOLATION DISMISSED

A straightforward case which took nearly five months to resolve, Client has been previously convicted of DUI in 2009 and was still on a five year grant of probation when she drove on the Bay Bridge wit ... h an expired registration sticker and NO LICENSE. Case filed as second offense with high BAC and probation violation. After several pre-trial conferences, I was able to negotiate an acceptable disposition: client pled to DUI only with the prior offense. Driving on Suspended License and Probation Violations were dismissed. Client received five years formal probation, fines of $2,150, 18 month DUI school and one year of ignition interlock device ("IID"). Client had actually been detained for a third DUI before this case and Alameda County dismissed. She refused chemical test on that case, however, and as a result suffered a two year hard suspension with no ability for a restricted license. NEVER REFUSE A BREATH TEST ON A SECOND OR SUBSEQUENT DUI.

DUI and DWI

ALAMEDA COUNTY (OAKLAND) 1st OFFENSE DUI DRUGS (ECSTACY)

Aug 23, 2013

OUTCOME: DUI CHARGES DISMISSED: CASE REDUCED TO "DRY" RECKLESS

Client was a young girl who consumed ecstacy with friends at a San Francisco club and then attempted to drive home to the East Bay....Strangely enough, there happened to be CHP vehicles patrolling the ... Bay Bridge and she was stopped for weaving and speed. Her breath test came in a 0.0, which is the worst number you can get after two a.m. after being stopped, and the officers immediately suspected drug use which was confirmed by the client's ill advised confession. Oakland is a favorable court and the district attorneys actually use discretion to resolve cases, especially ones like this that don't involve an alcohol test. That said, we settled the case without trial for a dismissal of all DUI charges. Client accepted a deal for DRY RECKLESS and received derisory sentence of two years probation, fine of $523. NO DUI SCHOOL, NO SUSPENSION, NO SWAP AND SHE SAVED LITERALLY $1,000'S (MORE LIKE $5000), which helps because she wants to join the Navy. So glad I could help a nice kid who made a dumb mistake. With this result, I may have been able to help a young person join the NAVY, making a difference in her life and our country. Some days if really feels good to be an attorney!

DUI and DWI

Alameda County (Oakland) .21% BAC 2nd Offense DUI w/ Collision

Aug 23, 2013

OUTCOME: 1ST OFFENSE DUI SETTLEMENT & ENHANCEMENT DISMISSED

Again, it's not always what you know but who you know. I had the difficult task of trying to resolve this case for a client who was leaving the very next day to move out of state. I've said before th ... at I love my job, I think it's these daily challenges that fuel that fire. Client had been arrested by the Berkeley Police Department after an air bag deployed vehicle collision. A breath test of ..21% BAC was hurdle enough, but client had also recently suffered a DUI conviction out of state. In a true "Friday" deal, I negotiated a settlement for dismissal of the high BAC enhancement, three years informal court probation, a DUI school (3 month) only if she returns to California (so de facto no school at all) and we even stipulated as to credit for time served so the client simply paid the fine of $1,963 in court and the entire case was resolved without any jail or community service . It was a win/win and everyone was happy....including me!

Nors Elwood Davidson's Legal Cases (1087)

San Mateo County (Redwood City) .11% BAC 1st Offense DUI

San Mateo County (Redwood City) .15% BAC 1st Offense DUI

San Francisco County .14% BAC 1st Offense DUI

Marin County .10% BAC 1st Offense DUI

SAN FRANCISCO COUNTY TRAFFIC INFRACTION TRIAL

Alameda County (Oakland) .09% BAC 1st Offense DUI

Alameda County (Pleasanton) .10% BAC 1st Offense DUI

San Francisco County .22% BAC 2nd Offense DUI w/ Probation Violation

ALAMEDA COUNTY (OAKLAND) 1st OFFENSE DUI DRUGS (ECSTACY)

Alameda County (Oakland) .21% BAC 2nd Offense DUI w/ Collision