San Francisco, CA
DUI and DWI Lawyer at San Francisco, CA
Practice Areas: DUI & DWI, Criminal Defense
OUTCOME: DUI CHARGES DISMISSED. DMV HEARING WON: NO SUSPENSION
Today I settled a first offense DUI in Redwood City for a plea to the reduced charge of reckless driving ("wet") meaning priorable within ten years. Client received reduced sentence of two years proba ... tion, 12 hour DUI school, fine of $1,441 and NO JAIL OR SWAP. Subsequently WON DMV HEARING and client suffered no license suspension or SR 22 requirement.
OUTCOME: DMV 'SET ASIDE" NO LICENSE SUSPENSION & NO SR-22!
I appeard at the El Cerrito office of the Oakland Driver's Safety Office with my client and expert witness and forensic toxicologist Halle Weingarten. As I had previously settled the client's case in ... Pleasanton for a reckless driving conviction. Accordingly, the DMV hearing meant everything. Although client had a .10% BAC by way of blood test, we successfully argued that his BAC was rising at the time of driving and that the arresting officer was not credible. The Hearing Officer ruled in our favor and his license suspension was "Set Aside." This a victory in DMV terms and meant that my client avoided a license suspension, an SR-22 filing and the requirement of a three month DUI school. An excellent result for a client on a budget.
OUTCOME: SPECIAL ALLEGATION STRICKEN 3 MONTH SCHOOL AND NO SWAP
Today I settled a first offense DUI in San Rafael before Commisioner Beverly Wood. Client was stopped for turning the wrong way on the freeway by the CHP and submitted to a .18% BAC breath test. Alth ... ough the criminal case was strong, the DMV paperwork was incomplete giving rise to a subpoena of the arresting officer. Without charging the client any extra money, I obtained an extra continuance of the criminal case to give us a shot at the DMV based on an officer failure to appear. Although the officer appeared and the DMV upheld the suspension, I was able to get the client an important extension of his driver's license through the holidays which was an important issue for him. The special enhancement for a BAC in excess of .15% was dismissed and client received minimum sentence of three years of informal court probation, fine of $1,705 (minus for two days credit for time served), and required to enroll in and complete level one/3 month DUI school. No jail, SWAP or community service. Client's license suspended for thirty actual days with five months of restriction with SR-22 coverage. Although the case could not be won, the client was assisted to meet his driving schedule and we had a legitimate opportunity at the DMV. Under better circumstances, the officer would not have appeared for the DMV hearing and we could have won it....on a .18% case! You can't win them all and the client seemed happy with the case strategy which helped him deal with a really tough case.
OUTCOME: CASE DISMISSED & NO CRIMINAL CONVICTION
I appeared today at the Hall of Justice for client who was arrested for DUI after submitting to four breath tests, .09% and three .08%'s. Appeared in Department 14, discussed the case with the prosecu ... tor and result=CASE DISMISSED
OUTCOME: DMV 'SET ASIDE" NO LICENSE SUSPENSION!
On November 16, 2010, I appeared on my client's behalf for his DMV hearing. Client was a sixteen year old who blew a .08% on a preliminary breath test (PAS) and was arrested for DUI, fleeing the polic ... e and causing a collision. Although no criminal case was ever filed, client still faced a one year suspension of his license if he lost his "zero tolerance" DMV hearing where the DMV only needed to establish that his BAC was .01% or greater. My objections to the admissibility of the PAS device numbers were sustained due to a lack of foundation and I subsequently won his DMV hearing. No license suspension, no DUI school and no SR-22. A remarkable result considering the facts of the case.
OUTCOME: SPEED ALLEGATION DISMISSED. NO JAIL OR SWAP
Today I settled a high BAC (.22% by blood test) in Oakland. Client was stopped by the CHP for traveling 103 MPH in a 55 MPH zone. Client was subsequently charged with both an excessive BAC (>.15%) en ... hancement and a reckless driving enhancement. The law requires a driver convicted of DUI while traveling more than 30 MPH over the speed limit on an interstate to receive a sentence of no less than 60 days in the county jail. I successfully resolved the case today for minimumized sentence of three years informal court probation, fine of $1,813, 9 month DUI school and NO JAIL OR SWAP. Client received thirty day suspension followed by nine months of restricted license. Due to the new legislated ignition interlock requirement for the Alameda County pilot program, client will have to install and maintain an ignition interlock device (IID) prior to obtaining his license.
OUTCOME: DUI CHARGES DISMISSED. Case Reduced to Reckless Driving
In an unfortunate case, my client was stopped after attending his high school reunion in Santa Cruz for having a burned out headlight. Client performed well on field sobriety tests and submitted to fo ... ur breath samples of .08% BAC. After multiple court appearances, the client accepted a plea bargain for a reduced sentence to reckelss driving (wet). Client received three years of informal court probation, fine of $1,515 and a 12 hour DUI school. NO JAIL, SWAP OR COMMUNITY SERVICE. Client suffered no mandatory license suspension. We appeared together for client's DMV hearing in Santa Clara on December 17, 2010 with forensic toxicologist Halle Weingarten. Although Hearing Officer Huang is notoriously strict with license suspensions, we made a strong case and are presently awaiting a postive result.
OUTCOME: DUI CHARGES DISMISSED. Case Reduced to Reckless Driving
Today I settled a difficult case in South San Francisco, the Northern Branch courthouse for San Mateo County. Client was involved in major property damage collision when she struck a disabled vehicle ... on Interstate 101. Client subsequently blew a .09% BAC via breath test. Case settled short of trial for dismissal of DUI charges and reduction to reckless driving (wet). Client received reduced sentence of two years informal court probation, reduced fine of $1,455, and a 12 hour DUI school as opposed to the normal three month course. NO JAIL, SWAP, COMMUNITY SERVICE OR MANDATORY LICENSE SUSPENSION. Case continued for determination of restituion (damages to the victim), which should be covered by insurance. I assisted client with the claims process and ensured that she received her total loss settlement check in a timely manner. DMV hearing remains pending but we have retained forensic toxicologist Halle Weingarten and are hopeful to avoid a license suspension.
OUTCOME: DUI CHARGES DISMISSED. CASE REDUCED TO "DRY" RECKLESS
Santa Clara County is a notoriously prosecution friendly jurisdiction and DUI cases are no exception. Case in point: My client was stopped for speeding (83 mph in 65 mph zone), and was subsequently i ... nvestigated for DUI. Client blew two roadside tests of .09% and .07% and was arrested. Pursuant to Title 17, client later provided two breath samples of .07% and .06%. While in many counties this case would never be filed, San Jose not only filed a DUI against my client, but the District Attorney would only offer a WET RECKLESS driving conviction at pre-trial. Although I hadn't been paid to do so and with the consent of my client, we refused the offer and set the case for Jury Trial. On the day of trial (today), my client accepted a further reduced offer of misdemeanor reckless driving (DRY). For that offense, my client received two years of informal probation and was required to pay a fine of $770. NO DUI SCHOOL, NO LICENSE SUSPENSION, AND NON-PRIORBALE CONVICTION.
OUTCOME: PETITION GRANTED. DUI CONVICTION DISMISSED.
Today I received and Order of Dismissal for my client's 2007 second offense DUI case in South San Francisco. Client initially charged with two DUI's in 2007, but one was out of state. I set the case ... for both a Motion to Suppress Evidence and a "no time waiver" jury trial (meaning that the case must proceed to trial in no less than 30 days). DA was unable to verfity the out of state prior and client eventually pled to simple first offense DUI. Expungement Petition granted, client's "guilty" plea changed to "not guilty" and the case was ordered dismissed.