OUTCOME: DUI CHARGES DISMISSED. DMV HEARING WON: NO SUSPENSION
Client accepted settlement offer of dismissal of DUI in exchange for plea to reckless driving misdemeanor (wet). Client received two years informal court probation, fine of $1,251, and 12 hour DUI sch...ool. WON DMV HEARING SO NO SUSPENSION, SR-22 OR THREE MONTH DUI SCHOOL.
DUI and DWI
San Mateo County (Redwood City) .14% BAC 1st Offense DUI
May 05, 2011
OUTCOME: Minimum Probation, 3 Month DUI School, $1,801 Fine, 2 Days SWAP
Client was charged with DUI after she was followed by a Redwood City Police Officer for approximately one mile. We challenged the probable cause for the stop using investigator Alan McCann. Regrettab...ly, our Motion to Suppress Evidence pursuant to Penal Code section 1538.5 was denied. Client eventually pled no contest to a violation of Vehicle Code section 23152(b) for three years of informal probation, two days of community service (SWAP), level one/3 month DUI school and find of $1,801. We were able to avoid a 30 day "hard" suspension of client's license and she only received a five month restriction.
DUI and DWI
Alameda County (Oakland) .13% BAC 1st Offense DUI
Apr 28, 2011
OUTCOME: DUI CHARGES DISMISSED. CASE REDUCED TO RECKLESS DRIVING
Today I settled a .13% BAC first offense DUI in Alameda County, Oakland, for a "wet" reckless driving plea. Client was stopped for "weaving" within his lane. Although I believed probable cause to be ...questionable, Client took advantage of excellent settlement offer for dismissal of the DUI charges (and thus no ignition interlock device requirement), and a plea to reckless driving for two years of informal court probation, fine of $993 and a three month DUI school. Although Client avoided a mandatory suspension of his license, an administrative suspension by the DMV is likely and hence the license will be suspended for thirty days and restricted until the DUI school is completed.
Today I settled a tough case for a client who was stopped by the CHP for speeding, 89 MPH in a 65 MPH zone. She was subsequently arrested for DUI and provided a breath sample with a .14% BAC. Case re...solved for minimum probation of three years, 3 month DUI school, two days of SWAP in lieu of jail and fine of $1,801. License suspended for thirty days and restricted for five months.
DUI and DWI
Contra Costa County (Walnut Creek) .16% 1st Offense DUI
Apr 26, 2011
OUTCOME: ENHANCEMENT DISMISSED. THREE MONTH DUI SCHOOL, Fine & 2 SWAP
Today I negotiated a settlement for a client who was arrested by the CHP for DUI after he was stopped for driving 83 MPH in a 65 MPH zone. Client subsequently submitted to blood test which yielded .16...% BAC. Settled case for minimum sentence and dismissal of high BAC (<.15%) enhancement. Client received three years of informal probation, fine of $1,876, three month DUI school and two days of SWAP in lieu of jail. This was an excellent result as Contra Costa County typically requires the six month DUI school on cases above .15% BAC but below .20%. License suspended for thirty days and restricted for five months.
DUI and DWI
San Francisco County .16% BAC 1st Offense DUI
Apr 26, 2011
OUTCOME: ENHANCEMENT DISMISSED. 3 MONTH DUI SCHOOL, Fine & NO JAIL/SWAP
Today I settled another high BAC case (<.15%) in Department 17 of 850 Bryant Street. Client stopped by SFPD while asleep at the wheel while stopped at a red light. Subsequent breath test yielded resu...lt of .16% BAC. Case settled for minimum three year probation, 3 month DUI school, fine of $1,834 and NO JAIL, SWAP OR COMMUNITY SERVICE! License suspended for thirty days and restricted for five months.
DUI and DWI
San Francisco County .12% BAC 1st Offense DUI w/ Collision
Apr 25, 2011
OUTCOME: Probation Granted, $1,804 Fine, 3 Month DUI School, NO JAIL OR SWAP
Today I settled a first offense DUI in Department 17 before Judge Donna Little that involved a breath test result of .12% BAC and a collision with another motor vehicle in an intersection. Although th...e BAC wasn't too high, collisions are serious enhancements in punishment. We successfully settled this case for minimum punishment of three years informal court probation, fine of $1,804, 3 month DUI school and NO JAIL OR SWAP. License suspended for 30 days and restricted for five months.
DUI and DWI
San Mateo County (San Mateo) Driving on Suspended License
Apr 21, 2011
OUTCOME: CHARGES REDUCED TO INFRACTION. NOMINAL FINE
Today I settled a 14601.5 charge (driving on a suspended license pusuant to a DUI suspension) for an infraction, violation of Vehicle Code section 12500. Client received only a nominal fine, with no p...robation, jail or further license suspension. An excellent result as client faced minimum ten day jail sentence.
DUI and DWI
Contra Costa County (Pittsburg) .22% BAC 3rd Offense DUI w/ Collision
Apr 21, 2011
OUTCOME: Probation Granted, $1,806 Fine, 18 Month DUI School, 120 Days Jail
Third offense DUI cases are by their nature, the most challenging misdemeanor cases. The minimum sentence in California is 120 days of actual jail and this can be a life changing event for a client. ...This case was no exception. Client was charged with third offense DUI in ten years this time after flipping his vehicle off the road with a BAC of .22%. Additionally, his license was still suspended from the second offense DUI. The initial DA offer was 180 days of jail. We responded with several continuances and Pre-Trials and eventually received an offer of 30 days jail with 90 days of residentia treatment. Client chose to serve jail, however, instead of treatment. Accordingly, the case settled for five years of informal probation, fine of $1,806, 18 month DUI school and 120 days of jail. License suspended for 90 days and restricted with ignition interlock device for 18 months.
DUI and DWI
Alameda County (Pleasanton) .12% BAC 2nd Offense DUI
Apr 20, 2011
OUTCOME: Probation Granted, $1,796 Fine, 18 Month School, NO ACTUAL JAIL
Today I settled a second offense DUI in Department 704 for the minimum possible punishment. Client was stoped for running a red light and subsequently tested at a .12% BAC by blood analysis. Case set...tled for five years informal court probation, fine of $1,870, ignition interlock device ("IID") for one year, 18 month DUI school and ten days of SWAP in lieu of jail. License suspended for 90 days and restricted for 18 months.