OUTCOME: PETITON GRANTED. DUI CONVICTION DISMISSED
I represented a client over three years ago for a DUI in which she had been convicted (her BAC was in excess of .20%). Nevertheless, she completed probation and now needed the conviction expunged from... her criminal record. Although the expungement process in San Francisco for DUI's is incredibly burdensome and that the District Attorney objected, we were successful and the the petition was granted and thus cleaned the record of an otherwise reformed individual.
DUI and DWI
Santa Clara County (Palo Alto) DUI Expungement Petition
Oct 02, 2012
OUTCOME: PETITON GRANTED. DUI CONVICTION DISMISSED
Client was convicted of DUI in 2006, but only recently realized the tremendous benefit of expungement. I represented her for this matter and after great efforts, the petition was granted and her DUI c...onviction dismissed.
DUI and DWI
Alameda County (Oakland) .09% BAC 2nd Offense DUI
Oct 02, 2012
OUTCOME: DUI CHARGES DISMISSED. NO LICENSE SUSPENSION & 12 HOUR DUI SCHOOL
Client stopped for speeding by CHP and subsequent breath tests returned .08% and .09% BAC. Client had suffered a prior DUI conviction five years ago, but charging DA missed it. As a result, we succes...sfully settled the case for a first offense, reduced to reckless driving for a tremendous result: two years court probation, fine of $1,013, and 12 hour DUI school. Since we obtained a court acquittal on the driving with a BAC in excess of .08%, DMV will set aside any suspension and he will not be required to complete the 18 month DUI school, get an SR22 or IID and NO LICENSE SUSPENSION
DUI and DWI
San Francisco County .15% BAC 2nd Offense DUI
Oct 02, 2012
OUTCOME: ENHANCEMENT DISMISSED. Five Years Probation, Fine $2,100, 18 Month DUI School, 4 SWAP
Client stopped on the Bay Bridge by CHP for "following too closely." Subsequent DUI investigation returned breath test of .15% BAC. Today, we successfully resolved the case for a dismissal of the spe...cial allegation, five years of adult probation, fine of $2,100, 18 month DUI school and what will ultimately be four days of SWAP. Client's license suspended for ninety days and restricted thereafter with installation of an ignition interlock device ("IID").
DUI and DWI
Santa Clara County (San Jose) .17% BAC 1st Offense DUI w/ Collision
Sep 25, 2012
OUTCOME: Probation Granted: THREE MONTH DUI SCHOOL, 8 Days SWAP
Client is a small and petite woman of barely 100 lbs who likely had too much to drink. As she was driving from Santana Row, a slow moving vehicle merged right in front of her causing her to collide wi...th the bumper and then lose control of her vehicle while spun into the guard wall. CHP invesitgated the case as a DUI and a blood test came back over the enhancement level at .17%BAC. Client, an otherwise good person with no criminal record, wanted this matter resolved and to never do it again. Today, I helped her minimize her sentence to three years informal court probation, fine of about $1,850, THREE MONTH DUI SCHOOL, and 8 days of SWAP in lieu of jail. License suspended for thirty days and restricted for five months. An excellent result considering that Santa Clara County regularly give six days of SWAP on a standard case.
Domestic violence
Contra Costa County (Walnut Creek) Felony Domestic Violence
Sep 21, 2012
OUTCOME: CASE DISMISSED
Client was a small statured and young college student with an international visa when she got into a fight with her boyfriend. Although it appeared that the boyfriend has assaulted her (and had done s...o more than once before), the police arrested her because while defending herself she slapped him thus creating a bloody nose. Unbelievably, she was arrested for felony domestic violence and facing actual jail and possible deportation. Nevertheless, after conferring with the District Attorney, the case was wisely dismissed for a lack of evidence.
DUI and DWI
Alameda County (Oakland) .10% BAC 2nd Offense DUI
Sep 18, 2012
OUTCOME: DUI CHARGES DISMISSED. CASE REDUCED TO RECKLESS DRIVING
Client stopped for speeding on the Bay Bridge by CHP. Subsequent DUI investigation returns breath test of .10% BAC. Client had suffered prior DUI conviction in San Mateo County in 2007. Today we res...olved the case most favorably: all DUI charges dismissed for two years of informal court probation, fine of $1,013, 9 month DUI school and 8 days of SWAP in lieu of jail. Client eligible for restricted license after 90 days with installation of an ignition interlock device ("IID").
DUI and DWI
Alameda County (Oakland) .08% BAC 1st Offense DUI
Sep 18, 2012
OUTCOME: CASE DISMISSED
Client was stopped by the CHP after an "abrupt" lane change. Subsequent test of her blood came in a .08% and DA charged her with DUI. At first Pre-Trial Conference, the DA offered a "wet reckless." ...My client and I elected to continue the case (two additional times) to complete a retest of the blood which came in a .07% BAC. DA subsequently dismissed the case. DMV remains pending but we are hopeful.
DUI and DWI
San Mateo County (SSF) Petition for Factual Innocense
Sep 12, 2012
OUTCOME: PETITION GRANTED. CLIENT FOUND FACTUALLY INNOCENT
Just how reliable are field sobriety tests anyway? Client was actually a designated driver who consumed just over one drink. Upon leaving a bar in San Mateo, she noticed that the San Mateo Police Dep...artment was staking out the establishment. As they left the parking lot, the police vehicle immediately began to follow them. Unfamiliar with the area, she signaled for a turn which she did not make. Of course she was then stopped and submitted to all physical field sobriety tests (which were recorded on video by her passenger). Although I thought she passed the tests based on the video, the officer saw things differently and she was arrested for DUI. She was not offered a breath test at the station which would have exonerated her but instead a blood test which came back .02%. All criminal charges were dismissed by the DA, but we filed a petition to seal and destroy the record of the arrest and for a finding of factual innocense. The DA in what is now typical, claimed they never received the petition. After showing them the documents with their own office stamp, they asked for a continuance to "confer with a supervisor" to determine if they would object to the petition. The case took all day long and at 3:30 p.m. the DA came in with the police report and objected strenuously to our petition. After significant oral argument, the judge did the right thing and granted the petition. These types of petitions are nearly impossible to win when the DA objects so it was a well earned victory.
DUI and DWI
San Mateo County (SSF) .13% BAC 1st Offense DUI
Sep 12, 2012
OUTCOME: Probation Granted, $1,900 Fine, 3 Month DUI School, 1 Day SWAP
Client stopped by the CHP on a "welfare check," as he was stopped on the side of U.S. 101 Southbound and didn't have any license plates. Client, an engineer with the Navy, was just in town while on le...ave and eventually submitted to a .13% BAC breath test. As the client had to be deployed thereafter, I managed the case for him for several months allowing him to particpate in the clean up efforts after the Japanese tsunami. Today, we settled the case reasonably thus allowing him to accept responsibility for his bad decision to drive after drinking. Client received minimum sentence of three years informal court probation, fine of about $1,900, three month DUI school and one day of SWAP in lieu of jail. Client's license suspended for six months (I obtained a stay of the reuirement that he enroll in the DUI school until next March so he could continue his duties). Often the best service a DUI lawyer can provide is managing the courts so the client can continue with their career with as little distraction as possible.
