Client was arrested after taking field sobriety tests at a sobriety checkpoint in San Francisco.
At Supression of Evidence hearing Judge agreed with our position that the cops had not properly followed the rules for a legal sobriety checkpoint.
Case in court was dismissed.
We also won the DMV hearing and client never lost his license.
People v. Villegas
DUI and DWI
Aug 03, 2007
Not Guilty Verdict at Jury Trial
Client was charged with DUI after traffic accident in San Francisco. Four witnesses claimed my client was driving and caused the accident. Client's Blood test resulted in .14% Blood Alcohol Level.
Client claimed from the first day she came into my office that she was not the driver. Her friend was in the car and told me he was the driver. The police determined that my client was the driver and said so in their report.
After intensive investigation, which included many hours of locating and interviewing witnesses, viewing the scene countless times and putting together the scientific and physical evidence, we went to trial.
Cross examination of the driver of the other car, followed up by cross examination of the prosecution's forensic expert, resulted in the expert claiming the driver of the other car was at the legal limit.
The cops never tested the driver of the other car for alcohol and she said she had only one drink. However, that drink was a full glass of wine (8oz) and at 100 pounds, the prosecution expert said she could have been at the legal limit of .08 % Blood Alcohol Level.
The physical evidence placed the accident at an area where the logical conclusion was the other party caused the accidnet.
The jury felt the friend of my client was credible when he testified that he was the driver.
After about an hour of deliberation the jury returned with a NOT GUILTY verdict.
Many months before the Jury Trial we won the DMV hearing.
People v Jay Cabrera
DUI and DWI
Felony DUI - serious injuries reduced to Misd.
Client drove his van into a building and two passengers suffered serious injuries, including fractures. Client's Blood results were almost twice the legal limit. Case was charged as a Felony DUI and client facing possible State Prison. Preliminary Hearing held and Judge reduced to a Misdemeanor DUI with injury. Further negotiations convinced District Attorney to reduce further to a DUI without Injury. Client ended up with a standard first DUI (two days on the Sheriff's work program).
Won the DMV hearing.