Attorney Nors Elwood Davidson's Legal Cases

DUI and DWI

Alameda County (Hayward) .23% BAC 1st Offense DU

Aug 22, 2013

OUTCOME: ENHANCEMENT DISMISSED: 3 MONTH DUI SCHOOL

Client was really unlucky here. After being stopped by the CHP on I880 for failure to maintain her lane, client submitted to breath tests yielding a .19% BAC result. Client then invoked her right to ... a blood test to be preserved for future testing. The blood result came back a .23% BAC, thus qualifying her for the punishment horrors of a >.20% BAC case. Upon my suggestion, we retested the blood and got a result of .17% BAC. Ultimately, client settled the case at the second pre-trial conference for minimum sentence of three years informal court probation, fine of $1,933, 3 MONTH DUI SCHOOL, and community service instead of jail because she lived in Northern California. The DA was quite reasonable and client's license will be suspended for thirty days and restricted for five months with an Ignition Interlock Device ("IID")

DUI and DWI

Alameda County (Hayward) .19% BAC 1st Offense DUI w/ Evading

Aug 22, 2013

OUTCOME: ENHANCEMENT AND EVASION CHARGES DISMISSED FOR MINIMUM SENTENCE

Client was considerably drunk when the CHP observed his vehicle off the roadway and stuck in the mud. Client never saw the CHP and drove away causing the CHP to charge him with the additional more ser ... ious charge of evading a police officer. Complicating matters was that client's blood test came back a .19%, qualifying him for a special enhancement for high blood alcohol. Client was a contractor and his license was critical for work. We went to the first pre-trial conference and were basically stonewalled by an unreasonable and inexperienced district attorney. Unlike most lawyers who would have compelled the client to accept the offer or plead guilty, I continued the pre-trial to a new date and today we settled the case for a dismissal of the high BAC enhancement and the separate charge of evasion. Client received greatly reduced sentence thus saving him thousands of dollars. Client received three years of court probation, fine of $1,963, only a 3 month DUI school and nine days of community service (SWAP) in lieu of actual jail. Client suffered actual suspension of two weeks followed by a restricted license for five months with an SR22 and installation of an ignition interlock device ("IID") which is mandatory on all DUI convictions in Alameda County. Good result, but it didn't happen on the first day!

DUI and DWI

Alameda County (Oakland) .13% BAC 1st Offense DUI w/ Collision

Aug 13, 2013

OUTCOME: DUI CHARGES DISMISSED: CASE REDUCED TO RECKLESS DRIVING

Driving after drinking is ALWAYS a bad idea, but what about when you're in a collision and it's not even your fault? This client, an upstanding student at UC Berkeley, was driving home from San Franci ... sco when another vehicle hydroplaned out of control and crashed into her. Fortunately, no one was hurt, but since my client's blood result came in at .13% BAC (PAS higher a .14% BAC), she certainly would have been to blame had the worst occurred. Nevertheless, she remained charged with a DUI misdemeanor in Alameda County and that conviction meant a guaranteed ignition interlock device ("IID"). Apparently, college students don't have a lot of money, so minimizing this case for her was critical. Thankfully, my arguments did not fall on deaf ears and the District Attorney agreed to dismiss the DUI in exchange for a plea to misdemeanor reckless driving, which had a significantly lower punishment and financial burden. Client received two years of informal probation (instead of 3), paid a fine in the amount of $1,033, (Instead of $2,000), received NO JAIL, SWAP OR COMMUNITY SERVICE (Usually 2 to 10 days and about $300); and only the 12 hour DUI School compared to the 3 month program (another $300 savings). The bottom line was that the savings alone paid for the representation. Not every case is like this one and the result was both exceptional and hard earned, but I can assure that she had piece of mind throughout the entire process. With no car after the collision, client opted for four month license suspension with reinstatement after filing of SR22.

DUI and DWI

San Mateo County (Redwood City) .18% BAC 2nd Offense DUI

Jul 30, 2013

OUTCOME: ENHANCEMENT DISMISSED. Probation Granted: 3 years, $1,850 fine, 3 Month DUI School & 2 SWAP

Client stopped by the Daly City Police Department on Super Bowl Sunday for failing to use a turn signal. Client subsequently arrested after .18% BAC breath test. Client had a nine year old prior offe ... nse DUI which had the potential for stiff penalties. Today, we resolved the case for a FIRST OFFENSE DUI and dismissal of the enhancement for high BAC (in excess of .15%). Client received three years of informal court probation, fine of approximately $1,850, three month DUI school and two days of SWAP in lieu of jail. Client facing second offense DUI suspension by DMV, however.

DUI and DWI

San Mateo County (Redwood City) .18% BAC 2nd Offense DUI

Jul 30, 2013

OUTCOME: 2ND OFFENSE DUI SETTLES FOR A 1ST OFFENSE DUI

Sometimes, a good strategy and a little experience will go a long way. Client picked up this high BAC second offense DUI in Daly City on Super Bowl Sunday. In San Mateo County, the punishment for a s ... econd offense is very stiff. In either event, I noted that the District Attorney failed to file the prior offense in the complaint. We seized on the opportunity and settled the case as a first offense, heck we even got the high BAC enhancement dismissed. Client received minimal sentence of three years court probation, fine of $1,863, THREE MONTH DUI SCHOOL and only two days of SWAP in lieu of jail. DMV didn't miss the prior though, and extended a one year license suspension.

DUI and DWI

San Mateo County (Redwood City) .15% BAC 2nd Offense DUI

Jul 30, 2013

OUTCOME: ENHANCEMENT DISMISSED: 3 Yrs Probation, Fine of $1,900, 18 Mo DUI School; 29 Days SWAP (NO JAIL)

Truly, the punishment jumps substantially on a second DUI, especially in San Mateo County. Today, I helped a young man who had been convicted of DUI in 2009 with a high BAC case (.15%) which resulted ... from being stopped by the CHP on US 101 speeding at 2 a.m. Over all, a dumb mistake by the client, but with his negotiated settlement, hopefully he'll learn his lesson. Negotiated settlement for minimum three years informal court probation, fine of about $1,900, 18 month DUI School and although DA wanted ignition interlock device ("IID"), for two years, was able to skillfully get that probationary requirement dismissed. NO JAIL FOR THIS CLIENT, but he'll have to wait 90 days to get a restricted license and will need the IID for reinstatement as a second DUI Conviction results in a two year mandatory suspension. Not every case is a dismissal, but every case needs proper management and minimization of punishment: both goals were obtained here at the special enhancement for high blood alcohol was dismissed.

DUI and DWI

San Mateo County (Redwood City) .10% BAC 1st Offense DUI (under 21)

Jul 17, 2013

OUTCOME: DUI CHARGES DISMISSED: CASE REDUCED TO RECKLESS DRIVING

Well, while positive word of mouth via the internet (except yelp which is just a sounding board for bored lawyers to slander others with fake reviews in hopes of finding work) is my primary source of c ... lients, the REFERRAL from a former client is always the most rewarding. Case in point: I ended up representing about six different youngsters all students at Diablo Valley College this past year and a half. I worked hard and obtained great results for all of them, to it was natural for their 19 year old friend here to hire me for his .10% BAC 1st Offense DUI in San Mateo County. Although the legal limit for under 21 is .00%, I still negotiated a reduction to reckless driving (after all he was speeding), thus limiting his punishment to two years of probation, fine of about $1,000, and a 12 hour DUI school. The reduction savings literally paid my fee. On top, I appeared several times to get this deal done and managed this case for the client while he was out of the country providing excellent service as well. Ultimately, he lost his license for one full year (no restriction), but he will reinstate with just an SR22 because he was not convicted of the more serious DUI!

DUI and DWI

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

Jul 10, 2013

OUTCOME: DUI DISMISSED & DMV "SET ASIDE": Case Reduced to Reckless Driving

Client was involved in a property damage only collision late in the evening on Interstate 80. With no criminal history, it client faced DUI charges after blowing a .10% BAC test. Today, we helped thi ... s person get back on track be negotiating a reduction of the DUI to reckless driving. Client received reduced sentence of two years court probation, fine of $1,023, a twelve hour DUI school and no jail or SWAP. This was a excellent result as we simultaneously won a "set aside" of the license suspension saving the client's license and literally thousands of dollars.

DUI and DWI

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

Jul 10, 2013

OUTCOME: DUI CHARGES DISMISSED: NO LICENSE SUSPENSION

Client was a nice professional in her 40s with no criminal record. She was stopped by CHP for weaving on I 80 and breath tests ranged from .08% to .10%. Today, we obtained an excellent result as the ... DUI charges were dismissed and she pled to reckless driving for a substantially lower penalty: two years court probation, fine of $1,023 and a 12 hour DUI school. We held a bench trial on her misdemeanor for driving with a .08% BAC or more which resulted in an ACQUITTAL, thus NO DMV SUSPENSION AT ALL, NO SR22, NO IID AND Countless $1,000's saved. It couldn't have happened to a better client!

DUI and DWI

San Mateo County (SSF) .17% BAC 2nd Offense DUI

Jun 28, 2013

OUTCOME: ENHANCEMENT DISMISSED: 3 Yrs Probation, $1,850 Fine, 18 m School & 29 SWAP

Client had suffered a prior DUI conviction in 2006 as was then picked up in San Mateo County by the San Bruno Police Department for failure to stop at a sign. Client from Southern California so his dr ... iving privilege was critical. After several pre-trial hearings we successfully settled his case with him Never appearing in court. The special enhancement was dismissed and client received minimum three years informal probation, 18 month DUI school and thirty days of community service to be completed in Southern California. Ultimately, we helped client manage his out of area case and even settled the case on his behalf without him ever needing to appear in court. Client received three years probation, fine of about $2000, 18 moth DUI school and eligibility for a restricted license after 90 days with installation of an ignition interlock device ("IID"). Saved client thousands of dollars and a major headache.

Nors Elwood Davidson's Legal Cases (1087)

Alameda County (Hayward) .23% BAC 1st Offense DU

Alameda County (Hayward) .19% BAC 1st Offense DUI w/ Evading

Alameda County (Oakland) .13% BAC 1st Offense DUI w/ Collision

San Mateo County (Redwood City) .18% BAC 2nd Offense DUI

San Mateo County (Redwood City) .18% BAC 2nd Offense DUI

San Mateo County (Redwood City) .15% BAC 2nd Offense DUI

San Mateo County (Redwood City) .10% BAC 1st Offense DUI (under 21)

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

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

San Mateo County (SSF) .17% BAC 2nd Offense DUI