Alameda County (Oakland) Minor in Possesion of Alcohol Misdemeanor
May 09, 2013
OUTCOME: CASE DISMISSED FOR TWO HOUR OPTIONS CLASS
Clients were two youthful college athletes in the Bay Area that were really the victims of a county wide sting program where fellow 19 year olds worked with the police to set up people to buy them alco...hol. These two fell for the trap, really just trying to help, and were then surrounded by waves of authorities. It was a remarkable effort by our tax paid police forces as ultimately both client agreed to pay $25 and attend a two hour "options" class in exchange for a complete dismissal of all charges.
DUI and DWI
Marin County DUI Expungement Petition
May 08, 2013
OUTCOME: Petition Granted. DUI Conviction Dismissed
I represented client in 2008 when he got his first and only DUI in San Rafael. Client honored me by retaining my office to represent him for an expungement petition of this 2008 conviction. The petit...ion was granted and his DUI conviction on his criminal record was "dismissed." Hopefully this final step will resolve this mistake for a good person who I know will never make the same mistake again.
DUI and DWI
San Francisco County DUI Expungement Petition
May 08, 2013
OUTCOME: Petition Granted. DUI Conviction Dismissed
While working for a "premier state-wide DUI Defense Firm" in 2007, I met the present client and helped her settle her .20% BAC 1st Offense DUI in San Francisco. Client had the confidence in my and my ...staff to forego retaining the FIRM and instead went with me again. Although DUI expungement petitions are now the MOST DIFFICULT misdemeanor petitions in San Francisco right now, we got the petition granted today and the client's DUI was dismissed from her record. When it comes to expungements, ESPECIALLY IN SAN FRANCISCO, it's critical that your lawyer knows the process. Otherwise, these petitions can get bogged down for months that turn into years. Not so here and I'm sure this client learned her lesson and will never be back again.
DUI and DWI
Solano County (Fairfield) .16% BAC 1st Offense DUI
Apr 29, 2013
OUTCOME: ENHANCEMENT DISMISSED, 3 MONTH DUI SCHOOL, 1 DAY JAIL
Client was stopped by the CHP in Fairfield for speeding late at night. A breath test then showed an elevated BAC of .16% and he was arrested. Client later charged by the district attorney with DUI an...d an enhancement for high BAC above .15%. Client ordered to attend AA meetings during the pre-trial phase of the case. Today, I lucked out and a former prosecutor from San Francisco was working with a fair prosecutor who was handling the case. I was expecting the DA to let go of the enhancement to settle the case, but he really held onto it and it was only with great difficulty that I was able to convince him into offering my client a standard DUI. Ultimately the DA relented and client received the minimum sentence of three years court probation, fine of $2,000, three month DUI school and one day of jail. Client's license suspended for thirty days and restricted for five months by the DMV.
DUI and DWI
San Francisco County .08% BAC 2nd Offense DUI w/ Injury Collision
Apr 24, 2013
OUTCOME: Probation Granted: 5yr, NO JAIL, 40 days Home Detition, 18m School, IID
Client was in a tough situation having picked up a previous DUI case in Los Banos which was still pending filing at the time of a second, more serious, DUI in San Francisco in which client had rear-end...ed another vehicle causing injury to a parent and a minor. Complicating matters, client failed to appear at the Pre-Trial Conference causing a warrant to issue for client's arrest. Today, we successfully obtained a withdraw of the bench warrant and settled the case under difficult conditions. Although client's BAC was only a .08% blood test, the blood wasn't drawn until several hours after the collision meaning that the true BAC was probably around .16%. Nevertheless, client was a tough character on the outside who, I believe, had made a couple of bad decisions which client learned greatly from. Today, we settled the case for DUI injury , five years of formal probation, 40 days of HOME DETENTION (NO JAIL NO SWAP), one year ignition interlock device ("IID"), fine of approximately $2,000 and an 18 month DUI school. Client's license will be suspended for two years with one year before restricted license can issue.
DUI and DWI
San Francisco County .14% BAC 1st Offense DUI
Apr 22, 2013
OUTCOME: Probation Granted: 3yr, Fine $1,864, 3m DUI School, NO JAIL/SWAP
Well it was a tough day in Department 17. Client was an otherwise good guy in his 20s who foolishly drove after drinking and was stopped for not having his headlights on and having four passengers. U...ltimately, he blew a .14% BAC, just under the .15% enhancement. Today at the Pre-Trial Conference I doggedly haggled with the district attorney for a reduction to reckless driving to no avail. Client accepted his fate and DUI conviction for minimized sentence of three years informal court probation, fine of $1,864, three month DUI school and NO SWAP, JAIL OR COMMUNITY SERVICE. Client's license suspended by DMV for one month with five months restriction.
DUI and DWI
Sacramento County DUI Expungement Petition
Apr 19, 2013
OUTCOME: Petition Granted. DUI Conviction Dismissed
Client had worked with me in 2007 for a prior DUI case in which ultimately he was convicted. Having completed all the terms of his court probation, client was eligible to have the conviction expunged ...or dismissed from his criminal record. We worked diligently to prepare a sworn declaration so he would not have to appear in court and the petition was granted and his DUI conviction dismissed. Since we're all capable of making a mistake (especially once), the court did the right thing in granting this petition for a worthy and reformed client.
DUI and DWI
Alameda County (Oakland) Misdemeanor Hit & Run
Apr 18, 2013
OUTCOME: PRO BONO CASE: ALL CHARGES DISMISSED
Client was traveling home and getting ready to move his family of four children to Texas in search of work. While driving home to Tracy, client was rear ended on Interstate 580 by a woman driving a BM...W. Although the accident wasn't client's fault, he continued driving because he was afraid that his license might be suspended. Ultimately CHP went to his house and served him a citation to appear in Pleasanton for Hit and Run. The Pleasanton courthouse is generally considered the toughest for defendants in all of Alameda County, so it was critical that I get the case transferred to Oakland, which after three appearances in Department 701, I was able to do. Once in Oakland, we were able to demonstrate that the accident was actually the other driver's fault and that all damages had been compensated for by insurance. The district attorney graciously and justly dismissed the criminal charges and saved this struggling family some significant hardship.
BTW, I appeared nearly 10 times on this case which I handled completely PRO BONO.
DUI and DWI
Alameda County (Oakland) .13% BAC 1st Offense DUI
Apr 18, 2013
OUTCOME: DUI CHARGES DISMISSED. CASE REDUCED TO RECKLESS DRIVING
Client stopped by the CHP past three in the morning for not wearing a seatbelt. Subsequent DUI investigation and breath test resulted in .13% BAC and arrest for DUI. Although the case was initially p...ending and the DA took some time to file charges, they ultimately did and client faced a DUI conviction. Since this was an Alameda County case, client also faced a mandatory ignition interlock device requirement if convicted. Today, we settled the case for a dismissal of the DUI charges in exchange for a plea to reckless driving misdemeanor. Client received greatly reduced sentence of two years court probation, fine of $1,024 and a three month DUI school. Client received no jail or SWAP and only suffered a thirty day license suspension after the DMV suspended him at his APS hearing.
DUI and DWI
Alameda County (Oakland) .20% BAC 1st Offense FELONY DUI w/ Collision
Apr 18, 2013
OUTCOME: ENHANCEMENT DISMISSED, 3 MONTH DUI SCHOOL, NO JAIL
I actually represented client in 2007 for a DUI which we ultimately got dismissed. In the present case, client was in a significant accident in which the vehicle was flipped over and his passenger suf...fered injuries. Charged with a felony DUI, client was only released after posting a substantial bond. Although matters looked bleak from the beginning, today we settled the Felony DUI Injury Case for a standard misdemeanor DUI with minimum sentence of three years informal probation, fine of $1,914, one day of SWAP in lieu of jail and three month DUI school. The special enhancement of elevated BAC was also dismissed. Client's license to be suspended for thirty days with five months restriction and ignition interlock device ("IID" installation required.
