Santa Clara County (San Jose) .19% BAC 1st Offense DUI w/ Collision
Sep 15, 2021OUTCOME: DUI DISMISSED & ZERO LICENSE SUSPENSION & NO FINES: Case Reduced to Reckless Driving for 1 yr Probation, 160 hrs Comm. Service; 3 Month DUI School
Client was arrested by San Jose Police Department after being involved in a multi-vehicle, non-injury collision which resulted in his arrest for DUI. Client submitted to preliminary breath test, ("PAS ... "), at the scene with results of .20% BAC. Once arrested, client agreed to evidential breath test with results of .19%. Due to COVID, client's case was continued unilaterally by the Court. This would have been a major problem for most DUI defendants because the DMV case, which can also result in a license suspension, would have surely ended badly for him before the conclusion of the criminal case resulting in multiple license suspensions for the same conduct. Thankfully, I was able to WIN the DMV case with an Order of Set Aside. This would have been for naught, but as it would turn out, I was then able to negotiated a resolution of client's case for a REDUCTION to misdemeanor "reckless driving," ("wet"). Since the DUI charges were then dismissed, client suffered ZERO LICENSE SUSPENSION for this arrest. A really fantastic result for a young man with no record who accepted responsibility for his actions, yet still needed to drive. By the way, did I forget to mention that I was able to get all of his fines & fees (about $2,000) waived?