Marin County DUI Expungement Petition

Dec 30, 2019

OUTCOME: PETITION GRANTED & DUI CONVICTION DISMISSED

California Penal Code Section 1203.4 allows all misdemeanor probationers to have their convictions "dismissed" from their criminal record so long as they've successfully completed their probation with ... no new criminal cases. Once completed, the Client can then answer "no" to most inquiries about "have you ever been CONVICTED of a misdemeanor offense?" This case was yet another where one of my former clients who was convicted of a DUI trusted me again to handle his expungement petition. He could have hired any attorney to do this, but to my great complement, he chose me once again.

Contra Costa County (Richmond) .22% BAC 1st Offense DUI

Dec 20, 2019

OUTCOME: DUI CHARGES DISMISSED: License Suspended for 4 Months with SR22 Requirement

Client was found asleep behind the wheel of her car which was running late at night at a stop light in Richmond. Richmond Police Department conducted an investigation and determined that she was DUI. ... A blood draw was completed and returned an enhancement level of .22% BAC. After navigating the court for over a year, the case was DISMISSED due to the fact that no one actually observed her driving the vehicle and they could not conclusively prove how long she had actually been stopped. Unfortunately, the DMV thought differently, and client's license was suspended for four (4) months, with eligibility for a "restricted license," however I advised client against this because since she was not convicted of DUI, she would only have to complete a DUI School if she wanted the restricted license. Instead, she served the four month suspension and got her full license reinstated with an SR 22 insurance filing with the DMV

San Francisco County DUI Expungement Petition

Dec 16, 2019

OUTCOME: PETITION GRANTED & DUI CONVICTION DISMISSED

A former client once again trusted me to represent him for his expungement of a DUI Conviction, and for good reason, I believe. Client was originally arrested after a .25% BAC DUI with a collision in ... San Francisco. I successfully got all charges DISMISSED, even though he was re-arrested for DUI just has I was arguing the motion to dismiss. That, another high BAC DUI, was eventually settled and client sentenced to probation. After successful completion, we petitioned the Court for a Dismissal of that conviction pursuant to California Penal Code Section 1203.4. Today, this was granted and Client no longer has any convictions on his criminal record.

Santa Clara County (San Jose) .16% BAC 1st Offense DUI

Dec 09, 2019

OUTCOME: DUI CHARGES DISMISSED & Case Reduced to Reckless Driving: 2 Years Probation, $200 Fine & 12 Hour DUI School. DMV SET ASIDE NO LICENSE SUSPENSION

Client arrested by Los Gatos Police Department for DUI after being observed driving without headlights. Client submitted to breath test with results of .16% and .15% BAC. Settled case today on day of ... trial for DUI CHARGES DISMISSED & Case Reduced to Reckless Driving: 2 Years Probation, $200 Fine & 12 Hour DUI School. DMV SET ASIDE NO LICENSE SUSPENSION.

Contra Costa County (Martinez) DUI EXPUNGEMENT PETITION

Dec 06, 2019

OUTCOME: PETITION GRANTED & DUI CONVICTION DISMISSED

Once again, I had the honor to represent a former client to get her criminal record cleared by way of an expungement petition. Client was previously convicted of a high BAC DUI in Martinez and is now ... living out of state. Nevertheless, I was able to present a case to the court that she had completed her DUI probation successfully and had not re-offended. The process took a couple of months, but in the end, the petition was granted and her DUI conviction was DISMISSED.

San Mateo County (SSF) .15% BAC 1st Offense DUI

Dec 04, 2019

OUTCOME: ENHANCEMENT DISMISSED: 3yr Probation; $1899 Fine; 3 Month DUI School & 2 days SWAP

Client was stopped by the South San Francisco Police Department for failing to come to a complete stop at a traffic signal. Since he had been drinking, a DUI investigation followed and he subsequently ... provided a breath sample with a .15% result, this number being significant because it subjected him to the "high BAC enhancement." Today, I settled the case with the enhancement dismissed. The real story is, however, that the judge erroneously believed that the client was REQUIRED to have an Ignition Interlock Device ("IID"). After much discussion, I convinced the judge that this was not so and accordingly it was not ordered, much to the satisfaction of my client.

Alameda County (Fremont) .12% BAC 1st Offense DUI

Nov 15, 2019

OUTCOME: Probation Granted: 3yr Probation; $2044 Fine; 3 Month DUI School & 1 Day SWAP

Client was stopped on I-880 by the California Highway Patrol for drifting over the lane markings. A DUI investigation ensued and client blew .11% and .12% BAC as registered on the Preliminary Alcohol ... Screen ("PAS"). Client was then arrested and later submitted to two more breath tests both with a result of .12% BAC. Today, I appeared with client at his Pre-Trial Conference and did my very best to get the District Attorney to dismiss the DUI in lieu of a lesser charge. The DA said she needed more time to consider it and although we waited dutifully through the morning calendar, she nonethless refused to do so. I was disappointed, but I took solace in the fact that many attorneys would not have even asked and certainly wouldn't have waited as I did to try to get my client the best result. In the end, the case was settled for a misdemeanor plea to Driving with a BAC in excess of .08%. Client was sentenced to three years informal probation, must pay a fine of $2,044, complete a 3 Month DUI School and serve one (1) day on the weekend work crew in lieu of actual jail time. Client's license suspended for 30 days and restricted to work related driving for five months.

Alameda County (Oakland) DUI Expungement Petition

Nov 14, 2019

OUTCOME: PETITION GRANTED & DUI CONVICTION DISMISSED

Santa Clara County (Morgan Hill) .18% BAC 1st Offense DUI

Nov 13, 2019

OUTCOME: ENHANCEMENT DISMISSED: 3yr Probation; $1,949 Fine; 3 Month DUI School & 2 Days SWAP

Client was a San Francisco resident who was driving a motorcycle in Morgan Hill after a party. Client crashed his bike, but was uninjured and decided to continue his long drive back to the City. Befo ... re he could get very far, Client was stopped by the Morgan Hill Police Department for speeding. Client submitted to two PAS breath tests with result of .13% BAC. Client was arrested for DUI and later chose a Blood Test. The blood returned a result of .18% BAC which now exposed client to an enhanced DUI for excessive BAC. Today, we efficiently settled this case for a standard DUI with actually exceptional result. Client sentenced to three (3) years informal court probation, fine of $1,949, a 3 Month DUI School and only two (2) days of Weekend Work (in San Francisco) in lieu of any actual jail time. Client's license suspended for 30 days and restricted to work related driving for five (5) months. This too was exceptional as if the court ordered a longer DUI school as they often do in cases like this, client would have been exposed to longer license suspension and even an Ignition Interlock Device ("IID") requirement.

Santa Clara County (Palo Alto) Domestic Violence (Stalking) & Violation of Court Order

Nov 13, 2019

OUTCOME: CHARGES DISMISSED, CASE REDUCED TO NOISE COMPLAINT

In a story of love rebuffed, Client had contacts with his then former girlfriend which led her to file charges for Stalking/Harassment. Since they were in a relationship at one time, these charges cam ... e under the special protections for Domestic Violence victims. A civil Temporary Restraining Order ("TRO") was granted against client, which he allegedly also violated. Client moved out of State of California and was unaware that the criminal charges would also be filed against him. Only later did this Client learn of this fact and only after a warrant had already been issued for his arrest. It was then that he reached out to me. Although the case took several months to complete, I was deftly able to get the warrant withdrawn and eventually negotiate a disposition for a plea to a greatly reduced charge of "Excessive Noise) pursuant to California Penal Code Section 415(a) (1). This was crucial as Client was an Indian Citizen and if convicted of the underlying charges (or even lesser reductions), he would likely have been deported and denied reentry to the United States. Client was convicted of a misdemeanor and sentenced to two (2) years of informal probation, 320 hours of community service (NO JAIL) and a fine of a few hundred dollars. Of course, he also has to stay away from his ex-girlfriend, which, having been once bitten, I'm certain he'll do. An excellent result proving that determination and hard work has its rewards.