OUTCOME: Petition Granted. DUI Conviction Dismissed
I represented client in 2010 for a DUI in which he received three years of probation. Client completed all the terms of probation, but needed to get the conviction expunged so client could be more com...petitive in the workforce. We filed a Petition for Early Termination of Probation with a declaration from the client as he lived 2,000 miles away. Unfortunately, that petition was denied. Undaunted, we again filed, only this time a Petition for Dismissal, which was ultimately granted and client's DUI conviction hence dismissed. San Francisco County has made DUI expungement petitions more and more difficult, but with persistence, they should all be eventually granted for the successful probationer.
DUI and DWI
San Mateo County (Redwood City) .13% BAC 1st Offense DUI
Apr 16, 2013
OUTCOME: Probation Granted: 3yr, Fine $1900, 1 day Jail, 3m DUI School, 1yr Suspension
Client was stopped by CHP on 101 S/B for weaving outside of his lane. Client disputed this and fortunately since this was a CHP case, the driving was caught on the CHP dashboard camera ("MVARS"). Sin...ce the District Attorney wouldn't budge from the DUI offer, we filed a Motion to Suppress Evidence claiming that the officer violated clients Fourth Amendment right against unreasonable searches, seizures and detentions. Although the video didn't really show the client's alleged traffic violation, the court sided with the CHP officer's testimony that the video didn't show what he saw. This was a close call I think and it didn't help the client that he decided not to attend this pivotal hearing. The motion was denied and we settled the case today for a first offense DUI with the following punishment: three years informal court probation, Fine of $1,900, three month DUI school and one day of jail. Client's license suspended for a full year, however, due to a prior Administrative Per Se ("APS") action on the license.
DUI and DWI
San Mateo County (SSF) .22% BAC 1st Offense DUI w/ Collision
Apr 16, 2013
OUTCOME: Probation Granted: 3yr, Fine $300, 6 days SWAP, 9m School
Client was a 50 plus year old self employed person with no DUI history who suffered a tragic loss earlier in the year. Feeling depressed over the Christmas holidays, client self medicated with alcohol... which resulted in a major property damage collision. Subsequent breath tests yielded excess of .22% BAC and client was charged with DUI and enhancement. Realizing that client's true problem was not alcohol but the underlying depression, we suggested a pre-trial course of psychiatric treatment and presented it to the court. Although the district attorney wanted 10 days of JAIL and full DUI punishment, the court was compassionate with client's situation and client received an unusually sympathetic sentence of three years court probation, reduced fine of $300, six days of SWAP in lieu of jail, and nine month DUI school. Client's license suspended for thirty days and restricted for ten months.
DUI and DWI
Sacramento County .14% BAC 2nd Offense DUI
Apr 10, 2013
OUTCOME: Probation Granted: 4 Years, Fine $2,000, 18 month DUI School, 4 Days Jail
Regrettable case where the client was stopped for speeding by the CHP in the late hours. Client is subsequently arrested for DUI and a blood test returned a result of .14% BAC. Worsening the situatio...n, he had been previously convicted of DUI five years before. Second offense DUI's can be very punitive and the client was a mid 20s professional who although made a bad mistake here, was really getting his life together and had much to be optomistic about. Today, I helped him resolve his case for four years of informal court probation, fines of approximately $2,000, and 18 month DUI school, and nine days of jail. Tough deal in Sacramento as they require four actual days in custody on a second offense DUI. Although the Vehicle Code allows for the 96 hours to be broken into two 48 hour increments, the Sheriff has disallowed this due to prisoner safety issues. ?? Apparently the second offense DUI offenders are marked by the hard core jail bangers and if they're allowed to come back for a second 48 hour stint, they are threatened into bringing contraband into the jail. Which really begs the question, is it absolutely necessary to put second offenders IN JAIL WHERE IT IS CLEARLY A DANGER TO THEIR LIFE? For the purpose of serving what will end up as four day sentence? Is there some real "rehabilitation" duirng a four day sentence? Is it worth the risk? I think jail can teach a good lesson and prevent future DUI's, but is it absolutely necessary when hard working professionals with no other criminal history and placed in prison training grounds and forced to pack mule dangerous and illegal substances into over packed jails?
DUI and DWI
Alameda County (Pleasanton) Petition for Early Termination of DUI Probation
Apr 05, 2013
OUTCOME: PETITION GRANTED. DUI PROBATION TERMINATED & CONVICTION EXPUNGED
I represented client for DUI in Pleasanton in late 2010. Although I was able to get the DUI charges dismissed, he accepted a plea to reckless driving and received three years of court probation. Circ...umstances have changed for him and he now finds himself looking for work and facing the dreaded question: "have you ever been convicted of a crime, misdemeanor or felony?" Although six months away from termination of his probation, the time is now especially for finding work. Petitions for Early Termination of DUI Probation are rarely granted, but I was optomistic about our chances and we filed the petition along with a petition for a dismissal of the reckless driving conviction (expungement). Today, the court granted our petition and the underlying conviction was dismissed (expunged). I'm grateful that my office was able to help a good person in need and my associate Reve Bautista was instrumental in making this happen. This case was an excellent example of how strategic teamwork and coordination with the client can achieve a extraordinary result.
DUI and DWI
Alameda County (Oakland) .08% BAC 1st Offense DUI
Apr 04, 2013
OUTCOME: ALL CHARGES DISMISSED & DMV "SET ASIDE" NO SUSPENSION
Client made an abrupt lane change and allegedly rolled a stop sign. Preliminary Breath Test returned a .08% BAC and was confirmed with a .08% BAC blood test. We retested the blood and it came back a ....07% BAC. The District Attorney previously dismissed the case based on this evidence. Today, we won the DMV hearing, which was a much harder task than the criminal matter. As a result, the client suffered NO LICENSE SUSPENSION, NO DUI SCHOOL, NO SR 22 and most importantly, saved this college student a lot of money. She's learned her lesson so the result is particularly rewarding.
DUI and DWI
San Francisco County .22% BAC 2nd Offense DUI JURY VERDICT
Mar 29, 2013
OUTCOME: Client Convicted: 4 Years Probation, 18 Month DUI School, 18 SWAP, IID
Client was found guilty by a jury in San Francisco for both Driving Under the Influence (DUI) and driving on a suspended license. Client had suffered prior DUI conviction within ten years qualifying h...im for second offense enhancement. Took the case to jury trial and rejected prosecutors settlement offer. Although we put up a good fight, one worthy of a "not guilty" verdict, the jury nevertheless found client guilty. Trial took nearly two weeks and required ultimate effort. Today, client was sentenced by the court to four years supervised probation, fines of over $4,000 (for the two misdemanors), 18 month DUI school, 18 months Ignition Interlock Device ("IID"), and ultimately 14 days of SWAP in lieu of jail. Considering that we actually beat the prosecution's pre-trial settlement offer (i.e. they wanted five years of informal court probation without the potential modification to three years and informal court probation when DUI school is completed) the result wa worth the fight. Obviously, you can't win every case, but it's important to hold the district attorney to task on the right cases. As long as the district attorney knows that you're willing and capable to take a case to jury trial if necessary, you won't be able to maximize your client's settlement options at pre-trial conference. Nevertheless, they say you learn more from losing a trial than winning one. This much is certainly true and I can't wait to get back on the horse next time!
DUI and DWI
Santa Clara County (Palo Alto) .13% BAC 1st Offense DUI
Mar 28, 2013
OUTCOME: Probation Granted: Three Years Probation, Fine $1,904, Three Month DUI Schoool & 5 SWAP
Client was stopped by Mountain View Police Department after allegedly observed making an illegal U-Turn. Subsequent DUI investigation returned a blood result of .13% BAC. Although the facts of the ca...se were bad for us, we successfully managed this case for the client was was very busy with work and allowed him to drive as long as possible. After managing the case for nearly six months, today we resolved the case (in spite of the court room fire alarm) for the minimum offer or three years informal court probation, fine of $1,904, five days community service through the Weekend Work Program, three month DUI school and client's license suspended for thirty days and restricted for five months with an SR22 in effect. Although we would have hoped for better, the result is to be expected considering the general nature of DUI cases in Santa Clara County.
DUI and DWI
Merced County (Los Banos) .17% BAC 1st Offense DUI w/ Refusal
Mar 25, 2013
OUTCOME: Probation Granted: $2,160, NO DUI SCHOOL ORDERED
Kind of an unusual case. My client was observed by a citizen to be with a group of four males that were seen beating another man in a Taco Bell parking lot. The citizen followed their car after the "...fight" and reported everything to local police. When the police arrived at a gas station, my client was immediately confronted and suspected of DUI. A PAS test returned a result of .17% BAC, but the officer alleged that client "refused" the evidential chemical test. Client later charged with DUI and two enhancements, 1) for BAC above .15% and 2) go figure..."refusing" the chemical test. The DA tried to hold the untenable position that my client was BOTH above the high BAC but nevertheless refused the test which normally means that there was no known chemical test. In either event, we successfully settled the case allowing me to now focus on Client's other pending DUI. Client received three years informal court probation, fine of $2,160, NO DUI SCHOOL, and what will ultimately be NO JAIL OR SWAP. One DUI down for this client, but still one more to go...
DUI and DWI
Tuolumne County (Sonora) .21% BAC 3rd Offense DUI w/ Collision
Mar 21, 2013
OUTCOME: ENHANCEMENT DISMISSED & NO ACTUAL JAIL TIME
Client had been convicted of DUI on two prior occasions as well as driving on a suspended license. In the present case, Client had been deeply aftected by the down turn in the economy and went skiing ...(and drinking) to espcape the sad realities of his life. On the way home, he lost control of his vehicle and smashed into a snow bank. The California Highway Patrol (CHP) caught up with him at a gas station and his breath tests came in at .21% BAC. Based on his record, Client was looking at a significant jail sentence. Today, I settled the case for a DISMISSAL OF THE ENHANCEMENT for high BAC. Client sentenced to three years formal probation, fines of $4,500 (convertable to community service), and 150 days of home detention in lieu of actual jail, so NO ACTUAL JAIL CUSTODY REQUIRED. Client's license subject to three year revocation by DMV.
