OUTCOME: PETITION GRANTED & DUI CONVICTION DISMISSED
Client was a former client who successfully completed probation and retained me to get his criminal record cleared. Since he hadn't been arrested and finished all court ordered requirements, he automa...tically became eligible at the conclusion of his probation. Unfortunately, these take forever to finish and this case was no exception taking over six months. This is why it's critical to begin the expungement process even before your probation ends.
DUI and DWI
San Mateo County (Redwood City) .13% BAC 1st Offense DUI
Oct 15, 2019
OUTCOME: Probation Granted: 3 Years; $1904; 3 Month DUI School. NO JAIL, SWAP OR COMMUNITY SERVICE
Client was stopped by the California Highway Patrol ("CHP") for driving without a front license plate on SR 1 at Capistrano Road. Officers conducted field sobriety tests ("FSTS") and requested a PAS b...reath test, which client refused. Client was arrested for DUI and later submitted to a BLOOD test which was later analyzed with a result of .13% BAC. Today, we settled client's case for a very good result. Client was sentenced to three years informal court probation, ordered to pay a fine in the amount of $1,904 and must complete a level one/ "3 month" DUI School. Client NOT ordered to complete ANY jail, SWAP or community service. Client's license suspended for 30 days and restricted to work related driving for five months with an SR 22 insurance policy and $125 license reissue fee.
DUI and DWI
San Mateo County (SSF) DUI Expungement Petition
Oct 11, 2019
OUTCOME: PETITION GRANTED & DUI CONVICTION DISMISSED
Three years ago, this individual contacted me to represent him for his pending DUI case. Ultimately, we resolved that case favorably and client was sentenced to a term of probation. Client successful...ly completed probation and became eligible to have the conviction dismissed from his criminal record so he retained me once again to prepare his petitions and appear on his behalf to get his record cleared. Today, the Judge granted our petition pursuant to California Penal Code Section 1203.4(a) and dismissed his criminal conviction. It's important to remember that anyone who is sentenced to misdemeanor probation for a criminal offense that they complete successfully, is eligible for this important relief. These petitions can take several months to complete, so it's best to get started right away like this former client.
DUI and DWI
Napa County .15% BAC 1st Offense DUI w/ High BAC Enhancement
Oct 08, 2019
OUTCOME: ENHANCEMENT DISMISSED: 3 yr Probation; $1973 Fine, 3 Month Online DUI School & NO JAIL OR SWAP
Client, like all DUI defendants in Napa County, was visiting from out of state, when he was pulled over by the California Highway Patrol for weaving and using his cell phone for directions. Client per...formed Field Sobriety Tests but refused the Preliminary Breath Test (PAS). After arrest, client submitted to a BLOOD test which returned with a result of .15% BAC. The District Attorney charged client with DUI with a High BAC Enhancement. The original offer by the DA to settle the case was stiff: 5 years probation, 6 month DUI school, 10 days jail or SWAP and one year of an Ignition Interlock Device ("IID"). After several court appearances, I negotiated a settlement which was much more favorable: 3 years probation, NO JAIL OR SWAP, 3 month DUI school which can be done online and a fine of $1,873. The enhancement and all other offer conditions were dismissed. Client never once had to appear in court and was extremely pleased with the better result we obtained through persistence.
DUI and DWI
Santa Clara County (San Jose) .13% BAC 1st Offense DUI w/ Collision
Sep 20, 2019
OUTCOME: DUI CHARGES DISMISSED: Case reduced to Reckless Driving: 3yr Probation, $1,949; Victim Restitution; 3 Month DUI School; & 9 days Weekend Work
Client , who is not a U.S. Citizen, was involved in a property damage only collision in San Jose and was arrested by the San Jose Police Department for DUI after his Preliminary Alcohol Screen ("PAS") ...test revealed a blood alcohol percentage of .13% BAC. Client subsequently chose to submit to an implied consent BLOOD test which ultimately confirmed a .13% BAC level. After many court appearances, today we finally resolved the case for a DISMISSAL OF DUI charges by entering a plea of "no contest" to the lesser offense of Reckless Driving pursuant to Vehicle Code Section 23103.5. This reduction of charges was critical as a DUI conviction would have significantly complicated clients ability to work and even remain in the United States. Client sentenced to three (3) years informal Court Probation; ordered to complete level one/3 month First Offender DUI School; pay fine of $1,949; pay any to be determined Restitution; and serve nine (9) days working for the Santa Clara County Sheriff's Weekend Work Program ("WWP") in lieu of any actual jail time. Client's license suspended for four (4) months with immediate eligibility for "restricted" license.
DUI and DWI
Santa Clara County (Palo Alto) .17% BAC 1st Offense DUI w/Refusal Enhancement
Sep 16, 2019
OUTCOME: DUI CHARGES DISMISSED: Case reduced to Reckless Driving: 3yr Probation, $1949 & 3 Month DUI School w/ 36 Days Weekend Work
Client was detained by the Palo Alto Police Department after he was observed leaving a bar and backing into a parked car while attempting to drive home. Client refused PAS test and subsequently refuse...d to cooperate with the necessary Implied Consent test of either his breath or blood. The police obtained a search warrant and force-ably obtained a blood sample which was later analyzed with a result of .17% BAC. Client subsequently charged with DUI with additional enhancements for excessive BAC greater than .15% and refusal of chemical test.
Today we settled case for what the client wanted. The DUI charges and enhancements were DISMISSED and the case reduced to Reckless Driving ("wet"). Client sentenced to three years probation, fine of $1,948, 3 month DUI school and approximately 36 days of weekend work in lieu of actual jail. License not suspended from criminal case and DMV hearing remains pending.
DUI and DWI
Santa Clara County (San Jose) .24% BAC 1st Offense DUI w/ Collision
Sep 16, 2019
OUTCOME: Probation Granted: 3 Years; $1,949 Fine; 12 Days Weekend Work; 9 Month DUI School & Victim Restitution
Client was involve in a collision in downtown San Jose that resulted in an ambulance being called and injuries. Client submitted to a blood test which was analyzed at .24% BAC. Initially arrested on ...a Felony DUI, today we successfully resolved the case for a MISDEMEANOR plea to DUI (NO INJURY), for three years informal court probation, fine of $1,949, a 9 month DUI School, 12 days of Weekend Work in lieu of actual jail time; and full restitution to the Victims.
DUI and DWI
San Francisco County .09% BAC 2nd Offense DUI
Aug 23, 2019
OUTCOME: DUI CHARGES DISMISSED: Case reduced to Reckless Driving: 3yr Probation, $909 & 9 Month DUI School
Client was stopped on the Bay Bridge by the CHP for driving with an expired registration. Client submitted to PAS test with results of .08 and .09% BAC. Client then submitted to a breath test at the ...station with the exact same results. Client then submitted to a blood test which came in at a .08% BAC. Client had previously been convicted of a DUI approximately 9 years prior to this arrest, so he was facing a second offense with pretty steep probation terms. After nearly two years, today we settled the case for a very favorable result: DUI charges were dismissed and client accepted offer of "reckless driving" (wet) for three years of probation, fine of $819, and 9 month DUI school. Client not sentenced to ANY jail, SWAP or community service.
Criminal defense
Santa Clara County (Palo Alto) Petty Theft Case
Aug 14, 2019
OUTCOME: CHARGES DISMISSED
Client arrested after stealing approximately $300 of merchandise from Target. DA originally offered client a plea to misdemeanor theft charge, but with her immigration status and employment, such a de...al would result in her termination and probable deportation. After several Pre-Trial Conferences, we finally negotiated a complete DISMISSAL after she completed 16 hours of community service and a took a theft awareness class.
DUI and DWI
Santa Cruz County .21% BAC 1st Offense DUI w/ Collision
Aug 13, 2019
OUTCOME: DUI CHARGES DISMISSED: CASE REDUCED TO PUBLIC INTOXICATION
This law school bound client consumed a lot of alcohol with her boyfriend at a local bar. Afterward, she and her boyfriend were involved in a property damage only collision. The boyfriend, who had be...en previously convicted of DUI, promptly fled the scene before Santa Cruz Police arrived. Client had no memory of the events and this was born out by her .21% BAC breath tests. Client subsequently charged with Enhanced High BAC DUI and actually hired another attorney to represent her. After a few hearings, her prior attorney advised her that she had to accept the District Attorneys DUI offer. Client decided to fire this lawyer and hired me. After four hearings, I was able to settle the case today for a DUI DISMISSAL. Client pleaded to a Public Intoxication misdemeanor pursuant to Penal Code Section 647(f) for 2 years probation, 30 hours community service and a 3 Month DUI School.
