Nors Elwood Davidson
PRO

Nors Elwood Davidson's Legal Cases (1087)

San Francisco, CA

DUI and DWI Lawyer at San Francisco, CA

Practice Areas: DUI & DWI, Criminal Defense

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DUI and DWI

San Francisco County .11% BAC 1st Offense DUI

Mar 14, 2013

OUTCOME: DUI CHARGES DISMISSED. CASE REDUCED TO RECKLESS DRIVING: 18 MONTH PROBATION

The San Francisco Police Department was called by a 911 caller to report a domestic disturbance. When they arrived, the found my client, a 20 something year old female driving a vehicle that matched t ... heir description. She was ultimately arrested for DUI and blew a .11% BAC. Seemingly an "open and shut case," but the arresting officers failed to recognize that my client was actually the victim of domestic violence and was fleeing the abuse. True, DUI is a crime, but domestic violence can elevate into a fatal encounter. Thus, my client was acting under the legal definition of "duress," that is, she was commiting one unlawful act to prevent the greater harm of another. In either event, the district attorney wouldn't budge from their DUI position. We held strong though, knowing that we had a good jury trial in our back pocket, and in the end the district attorney caved and the client accepted a highly reduced offer my pleading to misdemeanor reckless driving for only 18 months of informal court probation, fine of $900, three month DUI school and NO SWAP, JAIL OR COMMUNITY SERVICE. Client's license was previously suspended, so she could get a restricted license with enrollment in the DUI school and an SR 22 from her insurance carrier.

DUI and DWI

Contra Costa County (Walnut Creek) .07% BAC 1st Offense DUI (Under 21)

Mar 14, 2013

OUTCOME: CASE DISMSSED & NO LICENSE SUSPENSION

Client was an 18 year old college student who was stopped doing 116 MPH in his Audi by the CHP who later determined his BAC to be .07% on a PAS breath test. I previously won a SET ASIDE of his DMV cas ... e suspension and today was the final nail in the coffin, his criminal bench trial. RESULT: Case Dismissed. Saved the client's license from certain suspension and literally thousands of dollars in expense. I gave him a stern lecture though, and hopefully he learned his lesson and won't be calling again (except for to refer me a friend).

DUI and DWI

San Francisco County Petition for Early Termination of DUI Probation

Mar 13, 2013

OUTCOME: PETITION GRANTED. PROBATION TERMINATED EARLY & DUI CONVICTION DISMISSED

I represented Client in 2010 for a high BAC DUI case. Afterward, he had the confidence in me to retain me again to petition the court for an early termination of his DUI probation so we could get the ... conviction expunged from his criminal record and allow him to seek employment and U.S. Citizenship. I argued the petiton last year and we were unsuccessful. Today, with the help of my associate Reve Bautista, we tried again (without requesting another fee from the client), and were successful. These petitions are hard to win, so this was a rewarding result for a good client and person. By the way, the expungement petition was granted as well and he no longer needs to admit that he was ever convicted of a DUI.

DUI and DWI

Alameda County (Oakland) .27% BAC 1st Offense DUI w/ Collision

Mar 12, 2013

OUTCOME: DMV "SET ASIDE": NO ACTUAL SUSPENSION, NO SWAP OR JAIL

Client was a 50 year old with a drinking problem. Up to this point, his drinking problem had yet to intersect with his otherwise lawful act of driving. On this occasion, however, he crashed his car i ... nto an open and known construction ditch. Immediately after the accident, he began to consume the bottle of rum that was in the car. By the time the Oakland Police Department arrived, almost half the bottle was gone. A later blood test came in a whopping .27% BAC and he was charged with an enhanced DUI. I previously WON THE DMV HEARING, so negotiating away the DUI and getting him a restricted license was critical. Today, client received minimum three years informal court probation, fine of $1,904, NO SWAP OR JAIL, but had to complete the nine month DUI school. Client's license to be restricted until completion of the DUI school and must have Ignition Interlock Device ("IID") installed.

DUI and DWI

San Mateo County (Redwood City) DUI Expungement Petition

Mar 08, 2013

OUTCOME: PETITION GRANTED. DUI CONVICTION DISMISSED

Client was referred to me by a former client to help him with a nagging DUI conviction that he had on his record from 2000. To me, there's no greater compliment from a client than a referral to a frie ... nd. That said, I prepared the expungement petition and it was ultimately granted thus clearing this client's criminal record and allowing him to answer "no" to the omnipresent question of "have you ever been convicted of a misdemeanor." Now 13 years down the line with no further trouble, this person really deserves to be free from his one time mistake.

DUI and DWI

San Mateo County (SSF) .13% BAC 1st Offense DUI

Mar 06, 2013

OUTCOME: Probation Granted: $1,900 Fine, 3 Month DUI School, 1 Day SWAP

Client was stopped in the late hours by the California Highway Patrol for allegedly speeding (86 MPH in 65 MPH Zone) in his mini van. Although we fought the case in a Motion to Suppress Evidence and p ... resented a strong case for dismissal, the motion was denied and ultimately the case resolved for the statutory minimum: three years informal court probation fine of $1,900, three month DUI school and only ONE DAY of SWAP in lieu of actual jail. Client's license suspended for thirty days and restricted for five months by the California DMV.

DUI and DWI

San Francisco County .19% BAC 2nd Offense DUI

Mar 05, 2013

OUTCOME: ENHANCEMENT DISMISSED. Five Years Probation, Fine $2,100, 18 Month DUI School, 7 SWAP

Client was stopped on the Bay Bridge by CHP after weaving into lanes. Unfortunately, Client had previously been convicted of DUI in 2006 thus making this his second offense. Admittedly, he made a mis ... take, but having a young child and another on the way, he needed this case minimized so he could move on with the future. Today, we successfully settled the case for five years probation, fine of $2,100, 18 month DUI school, one year of Ignition Interlock Device ("IID") and approximately 7 days of SWAP in lieu of actual jail. License suspended for 90 days and restricted for 21 months.

DUI and DWI

San Francisco County .21% BAC 1st Offense DUI w/ Enhancement

Mar 05, 2013

OUTCOME: ENHANCEMENT DISMISSED & THREE MONTH DUI SCHOOL

Client was a licensed professional who had hit the dumps with a bad relationship and attemped to cure the problem with alcohol. Although she'd never been arrested for anything before, she faced certai ... n severe punishment from the District Attorney after she was arrested for DUI after driving her car lost within a San Francisco parking structure. Later breath tests showed a .21% BAC and she was indeed charged with a special enhancement for elevated blood alcohol. After much back and forth haggling, the District Attorney and I made a deal which saved the client from the extended horrors of the nine month DUI school. In the end, Client received the minimum three years informal court probation, fine of approximately $1,900, THREE MONTH DUI SCHOOL, and approximately six days of the SWAP program in lieu of actual jail. License suspended for thirty days and restricted for five months.

DUI and DWI

Oakland Under 21 .07% BAC Zero Tolerance DMV Hearing

Mar 04, 2013

OUTCOME: DMV "SET ASIDE." NO LICENSE SUSPENSION

Client was an 18 year old male college student (that's a handful right there) who consumed alcohol and then drove...umm..116 MPH and was then stopped by the CHP. He later blew into a PAS device with r ... eadings of .07% BAC. Although under the legal limit, he was facing a full year of license suspension which would have made it impossible for him to attend classes. Today, I appeared for the Administrative Per Se ("APS") hearing at the DMV. The PAS coordinator also appeared and testified regarding the calibration records for the device, which the DMV only provided to me on the day of the hearing. That said, the records showed that the device had not been checked for accuracy for nearly three months and that when it was checked (weeks after my client's test), it was off and required calibration. Although DMV hearings are nearly impossible to win, the hearing officere "set aside" the suspension on the spot after I was able to get the PAS coordinator to admit under cross examination that the .07% BAC result was not trustworthy or compliant with Title 17. DMV done, now just have to get through the criminal bench trial in Walnut Creek....

DUI and DWI

Alameda County (Oakland) .21% BAC DMV "SET ASIDE"

Feb 11, 2013

OUTCOME: DMV "SET ASIDE" NO ADMINISTRATIVE SUSPENSION

Client stopped and arrested for second DUI by the CHP and submitted to breath sample of .21% BAC. A funny thing happened on the way to the forum, however, and the officer failed to get TWO admissible ... samples. As a result, an otherwise tough case turned into A DMV WIN AND SET ASIDE. You never know how a DMV case will end up until you make your request and review the evidence!

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