Attorney Nors Elwood Davidson's Legal Cases

DUI and DWI

San Francisco County .22% BAC First Offense DUI

Oct 12, 2010

OUTCOME: ENHANCEMENT DISMISSED. 3 MONTH DUI SCHOOL; NO JAIL

Client was stopped in the early morning by the University of California Police Department for running a red light and operating a vehicle with the car alarm system activated. Client blew a high BA ... C of .22% and was subsequently charged with a DUI with special enhancement for high BAC (greater than .15%). BAC's in excess of .20% almost always mandate a 9 month DUI school and a subsequent 10 month suspension/restriction on a first offense DUI. While many lawyers concede this issue, I ALWAYS fight for a standard level one three month DUI school for my clients who have either a high BAC or have refused a chemical test. Although not always successful, I often achieve this goal for my clients as I did today in Department 17 in San Francisco. The special enhancement was dismissed and my client received a minimum sentence of: three years of informal probation, fine of $1,850, THREE MONTH DUI SCHOOL, and three days of SWAP (community service) in lieu of actual jail time. License suspended for thirty days and restricted for five months.

DUI and DWI

San Francisco County .14% BAC 1st Offense High Speed DUI

Oct 01, 2010

OUTCOME: DUI DISMISSED. CASE REDUCED TO RECKLESS DRIVING

10/1/2010: Today I appeared in Department 13 at the Hall of Justice on my client's first offense .14% blood test DUI case in San Francisco for Pre-Trial Conference. The conference went extremely ... well as I was able to settle the case for a reduction to reckless driving ("wet). This was a particularly good result as my client was alleged to have been traveling at 80 MPH in a posted 50 MPH zone. Client received reduced sentence of 18 months court probation, fine of $1,100, three month DUI school. NO SWAP OR MANDATORY LICENSE SUSPENSION. Client's DMV hearing remains pending, but due to the BAC levels, suspension is likely. Administrative suspensions last for four months the first thirty days of which are actual. A reckless driving on a .14% BAC case is an exceptional result and uncommon for most DUI lawyers.

DUI and DWI

San Joaquin County .12% BAC Commercial Driver DUI

Sep 15, 2010

OUTCOME: DUI DISMISSED, CASE REDUCED AND NO LICENSE SUSPENSION

9/15/10: Today I settled a truly impossible case. Client was an immigrant garbage truck driver who had lived in this country and worked his job dutifully for over twenty years. His job required his ... commercial driver's license. If he lost his license, he would lose his job, pension and retirement, and the ability to care for his family. After several court appearances and a lot of convinvcing of the district attorney, I settled the case for a reckless driving charge where my client received three years of probation, one day of SWAP, 40 hours of community service and a fine in the amount of approximately $2,700. The fines go way up in the sticks. In exchange, the court agreed to hold a bench trial on the 23152(b), driving with a .08% or greater, charge. The D.A. and I stipulated to no evidence and my client was subsequently acquitted. This was done by way of a seldom available deal under Helmandollar v. DMV. Accordingly, Client's DMV suspension was "set aside." He suffered no actual suspension and the court didn't even require him to complete a DUI school! No suspension means no SR-22 filing either. In the end, I didn't just settle another DUI case, but instead truly made a difference in the lives of an entire family. I love my job!

DUI and DWI

Contra Costa County .22% BAC 2nd Offense Commerical Driver

Sep 14, 2010

OUTCOME: DMV 'SET ASIDE" NO LICENSE SUSPENSION!

9/14/10: Although this case is not completely over, I had to report this truly amazing result at the Oakland Driver's Safety Office. Client was a commercial driver with 27 years working for the s ... ame gargage truck company. He was facing his second DUI and second APS suspension with the DMV. Only a year from retirement, he would lose everything, his job and pension, that was his life's work. My strategy was to delay, but delaying the DMV for a year and half on a .22% BAC second offense case would have been a Herculean feat. Instead, my trial investigator Alan McCann conducted a through analysis of the arrest and concluded in his DMV testimony that the Contra Costa County Sheriff who stopped my client should have conducted the DUI investigation instead of waiting nearly an hour until CHP arrived. I diligently served the CHP with subpoena's, but they never produced the officer as he had been transferred to Fresno. Ultimately, with some pursuasion, I convinced the hearing officer to issue a "set aside" of my client's suspenion. In other words, A TOTAL MIRACLE. Although the criminal case remains pending, I can quite possibly slow the proceedings to my client's retirement and allow him to enter a plea. For now, he gets to keep working and I've got one more hurdle to cross. Results like these make it exciting to be a DUI defense attorney!

DUI and DWI

Alameda County .05% BAC Under 21 Zero Tolerance Case

Sep 13, 2010

OUTCOME: DUI NOT GUILTY. CLIENT ACQUITTED

9/13/2010: I appeared today for a bench trial on my client's under 21 criminal case for DUI a charge of Vehicle Code section 23140 (.05% or greater). The arresting officer appeared and testified. ... Knowing this, I entered a plea of "no contest" for my client on his additional charge of rolling a stop sign. He received traffic school for that count. As to the DUI, I successfully argued that the arresting officer did not lay the necessary foundation for admission of the PAS breathtest records and the judge ordered that criminal charge dismissed. Not to miss an opportunity, I requested that since an actual trial occurred, my client was entitled to an acquittal a finding of NOT GUILTY. The court complied and provided me with a certifed abstract of judgment that will be sent to DMV to hopefully avoid a full one year suspension of my client's license. Basically, a home run.

DUI and DWI

San Mateo County DUI Expungement Petition

Aug 31, 2010

OUTCOME: PETITON GRANTED. DUI CONVICTION DISMISSED

8/31/10: I represented a client in South San Francisco in 2007 who was regrettably convicted of DUI, CVC 23152(b). Three years later, and he's successfully completed all of the terms and conditions o ... f his probation. I prepared a Petition for Dismissal pursuant to Penal Code section 1203.4 and the petition was granted. Client's case dismissed and the final chapter his DUI mess completely cleaned up. Well, as best we could do. Optimal outcome.

DUI and DWI

San Mateo County .13% BAC 1st Offense DUI

Aug 30, 2010

OUTCOME: Probation, Fine, 3 Month DUI School & 1 Day SWAP

8/30/10: Today I settled a tough case for my client who was a resident of Fresno. I handled all major aspects of client's case in his absense due to the distance needed to travel to this case in Sout ... h San Francisco. We restested client's blood sample and I even prepared a Motion to Suppress Evidence free of charge. At the Motion to Suppress Evidence hearing, Client decided to accept a settlement of his case instead of moving forward. This client, like many, wanted resolution and I assisted him in obtaining the best possible result. Client received three years informal court probation, fine of $1,741, a three month (level one) DUI school and one day of community service which he could serve in Fresno. Client's license suspended for thirty days and restricted for five months.

DUI and DWI

San Francisco County .09% BAC 1st Offense DUI

Aug 12, 2010

OUTCOME: DUI CHARGES DISMISSED. Case Reduced to Reckless Driving

8/12/10: Today I negotiated a remarkable result for my client who was stopped for excessive speed on the Bay Bridge by the CHP. Client submitted to four breath tests all with readings of .09%. I ... n Department 16 at the Hall of Justice at 850 Bryant Street (the former deparment in which I was assigned as a Public Defender), I negotiated a dismissal of the DUI charges and a reduction to reckless driving (wet). The settlement terms were most favorable. Client received minimum eighteen (18) months of informal court probation, paid a fine of $1,100 and was ordered to complete the 12 hour DUI school, which was a reduction from the standard three month school. DMV hearing lost. Retained expert witness, but wasn't enough to carry the day with new DMV hearing officer. License suspended for 30 days and restricted for five months. NO JAIL, SWAP, COMMUNITY SERVICE OR MANDATORY LICENSE SUSPENSION.

DUI and DWI

Sonoma County .12% BAC First Offense DUI

Aug 10, 2010

OUTCOME: DUI CHARGES DISMISSED. Case Reduced to Reckless Driving

8/10/10: Today I settled a first offense .12% blood test DUI case in Santa Rosa for a reduced offense of reckless driving pursuant to Vehicle Code section 23103.5. All DUI charges were dismissed. ... Client was stopped by the Sebastapol Police Department for driving too slow and not having a front license plate. Many DUI clients are stopped for not having a front license plate, so I encourage all individuals to make sure that they have a front plate affixed to all vehicles. Client appeared on his own behalf for his arraignment and was offered a first offense DUI. I was subsequently retained and was able to get the client a reduction. Client received a reduced sentence of 18 months of informal court probation, a 12 hour DUI school and a fine of $720. No Mandatory license suspension. DMV hearing remains pending with forensic toxicologist scheduled to testify.

Criminal defense

Marin County Application for Early Probation Termination

Aug 09, 2010

OUTCOME: PETITION GRANTED. PROBATION TERMINATED

8/9/10: In a follow up matter for a former client who had suffered a conviction for reckless driving, I filed an application for early termination of probation so my 18 year old client could be cleare ... d to join the military. Born in a military family, this early probation termination was critical. Although these applications are rarely granted, I successfully argued good cause and in the interests of justice, my client's probation was terminated.

Nors Elwood Davidson's Legal Cases (1087)

San Francisco County .22% BAC First Offense DUI

San Francisco County .14% BAC 1st Offense High Speed DUI

San Joaquin County .12% BAC Commercial Driver DUI

Contra Costa County .22% BAC 2nd Offense Commerical Driver

Alameda County .05% BAC Under 21 Zero Tolerance Case

San Mateo County DUI Expungement Petition

San Mateo County .13% BAC 1st Offense DUI

San Francisco County .09% BAC 1st Offense DUI

Sonoma County .12% BAC First Offense DUI

Marin County Application for Early Probation Termination