Attorney Robert Lee Hamilton's Legal Cases

DUI and DWI

P v Patrick G

Aug 18, 2017

OUTCOME: DUI: .15 BAC - All Dismissed After Appeal of Motion to Suppress

Unknown caller told 911 that Patrick may be driving under the influence here in Shasta County. A Redding Police Officer (RPD) observes Patrick weaving, running a stoplight, etc., so Patrick gets pulled ... over. After failing the Field Sobriety Tests (FSTS) Patrick was arrested. Charges were filed and a blood test revealed a BAC of .15. Mr. Hamilton filed a motion to suppress the blood test. The motion was denied by the trial court and Mr. Hamilton appealed. A three judge appellate panel of pro law enforcement judges agreed with Mr. Hamilton and overturned the trial court's ruling. This resulted in the blood alcohol evidence being suppressed. The Shasta County District Attorney's Office then moved the trial court to dismiss the case against Patrick for lack of evidence. All charges and enhancements were properly dismissed.

DUI and DWI

P v Eric H

Jun 12, 2017

OUTCOME: Wet Reckless after jury trial (settlement) - .13 BAC, Prior DUI & Refusal Allegation Dismissed.

Eric was stopped by CHP for making a right turn on a red light without stopping. He did the roadside field sobriety tests (FSTs), refused the roadside (pre-arrest) breath test (which he has a right to ... do). After being arrested Eric then refused any chemical testing (this is the test that California law says you are required to take). The officer then obtained a warrant and took Eric to the hospital for a blood draw. Though not on probation, Eric also had a prior DUI within 10 years. After a jury trial the case resolved for a Wet Reckless. The blood test came back .13 and Eric was charged with (1) driving under the influence of alcohol and (2) driving with a BAC of .08 or more. He was also charged with two enhancements: (1) prior DUI and (2) refusing to take a post arrest chemical test. Result: The District Attorney dropped all charges and enhancements and Eric plead to a wet reckless (meaning no enhancements, no ignition interlock (IID), 12-hour DUI school instead of an 18-month DUI school, no jail instead of the minimum 10-days on a second offense, no alcohol terms except when driving, no license suspension by the court, and a lesser fine).

DUI and DWI

P v Eugene A

Oct 27, 2016

OUTCOME: Not Guilty (Acquitted by Jury) of DUI (alcohol & prescription drugs)

ACQUITTAL (not guilty) in Trinity County after a 4 day jury trial for driving under the influence (DUI) in Weaverville. Great result for a deserving Client. He, his wife, and family are thankful and ec ... static. — feeling blessed.

DUI and DWI

P v Sedona L

Oct 17, 2016

OUTCOME: DUI: All Charges Dismissed after Jury Trial

After a 5 day Jury Trial in Shasta County, the trial court dismissed all charges. Poor Field Sobriety Tests (FSTs); .088 & .082 PAS; .08 &.08 Chemical Breath Test. Sedona was under 21 years.

DUI and DWI

P v Dylan B

Sep 28, 2016

OUTCOME: DUI ACQUITTAL .28/.27 Breath Test - no License Suspension - Wet Reckless

DUI ACQUITTAL - "NOT GUILTY". Because of the Acquittal Dylan gets to keep his Commercial Driver's License even though he had a prior DUI conviction. Upon being acquitted of the DUI, Dylan plead to a ... wet reckless. Fortunate result in light of being arrested in Greenview, California (Siskiyou County) by a Deputy Sheriff who said Dylan failed the field sobriety tests (FSTs) and blew a .28 and .27 BrAC into the post arrest breath test.

DUI and DWI

P v Austin J.

Jul 11, 2016

OUTCOME: Marijuana DUI Refusal - All Charges Dismissed

Austin was stopped for speeding in Lassen County. After refusing to take any Field Sobriety Tests (FSTs) and refusing a post-arrest blood test. The officer obtained a warrant and a nurse took a blood s ... ample. After exhausting numerous procedural remedies, all charges were dismissed.

DUI and DWI

P v Brenda H

May 25, 2016

OUTCOME: .13 BrAC - Wet Reckless - No License Suspension

Brenda was charged with DUI after blowing a .13 BrAC. She prevailed at DMV so they did not take her driver's license. She then plead to Wet Reckless so the court also did not take her driver's license. ...

DUI and DWI

P v Wyatt F

May 24, 2016

OUTCOME: ACQUITTAL - Not Guitly - No DMV Suspension

DUI ACQUITTAL - "NOT GUILTY." Wyatt was stopped for turning the wrong way on a one-way street in the city of Mt. Shasta. After some field sobriety tests (FSTs), Wyatt blew a .07 BrAC. Though clear Wyat ... t was not under the influence, he was charged with DUI (Cal Veh Code § 23140). After a court trial, the judge acquitted Wyatt of the DUI. The pending DMV suspension was also set aside (meaning no license suspension).

Lawsuits and disputes

Burnett v Hall

May 17, 2016

OUTCOME: Judgment for $144,462 for Malicious Prosecution & False Arrest

After obtaining an acquittal in Mr. Burnett's criminal case, Mr. Hamilton filed a civil suit for malicious prosecution & False Arrest against the "witness" who made the false allegations to the police ... that resulted in Mr. Burnett's arrest, imprisonment, & prosecution. After a civil trial, the judge awarded Mr. Burnett $144,462.00 in damages and brought to a close any question regarding Jason's innocence. See P v Jason B (Acquitted by jury March 3, 2016)

DUI and DWI

P v Leonel A

Jan 29, 2016

OUTCOME: ACQUITTAL on .12 Breath/.13 Blood DUI - No License Suspension

DUI ACQUITTAL - "NOT GUILTY". Because of the Acquittal DMV did not suspend Leonel's driver's license and has a clean record. After being stopped in Redding (Shasta County) by CHP, the Officers said ... Leonel failed the field sobriety tests (FSTs) and blew a .12 BrAC into the pre-arrest breath test (PAS). Leonel was then arrested for driving under the influence and charged with DUI.

Robert Lee Hamilton's Legal Cases (45)

P v Patrick G

P v Eric H

P v Eugene A

P v Sedona L

P v Dylan B

P v Austin J.

P v Brenda H

P v Wyatt F

Burnett v Hall

P v Leonel A