San Mateo County DUI Second Offense DUI Drug Refusal JURY TRIAL
Practice Area South San Francisco DUI and DWI
Date Nov 10, 2022
Outcome CLIENT ACQUITTED OF ALL CHARGES BY JURY VERDICT OF NOT GUILTY
Description Client had a prior DUI conviction when he called the SSF Police about a suspicious vehicle he observed in his neighborhood. Upon arrival, the police immediately suspected client of being under the influence of Meth and a surreptitious DUI investigation ensued. Client refused to cooperate and was later charged with a "refusal" allegation as well. This case began with a win or "set aside" at the DMV hearing and today the criminal case was resolved after a week long jury trial. The jury deliberated just over an hour before rendering a verdict of "not guilty". Client avoided conviction and license suspension for all charges: a total win.
San Mateo County Assault and Vandalism Road Rage
Practice Area San Mateo Criminal defense
Date Oct 11, 2022
Outcome ASSAULT CHARGES DISMISSED; Plea to Vandalism for 1 Year Probation, 2 Days SWAP and $220 Fine
Description Client was involved in a road rage incident in the parking lot of a shopping chain when he allegedly punched another driver in the face and kicked the side of his car multiple times. The San Mateo County Sheriff investigated and arrested client for Assault and Vandalism. This case lasted a long time, but today I settled the case for a DISMISSAL of the assault charges and a plea to vandalism. Client received sentence of two days of community service (SWAP), one year of informal probation and a fine of $220. Victim claimed restitution in the amount of $3,248 which was granted.
Contra Costa County Richmond DUI .09% BAC First Offense DUI
Practice Area Richmond DUI and DWI
Date Sep 16, 2022
Outcome DUI CHARGES DISMISSED: CASE REDUCED TO RECKLESS DRIVING: 1 Year DUI Probation, ALL FINES WAIVED; and 12 Hour DUI School
Description Client was stopped by the CHP for weaving and officers detected the "odor of alcohol" leading them to request a PAS breath test which returned a result of .11% BAC. Client was then arrested for DUI and later submitted to two breath tests with results of .09% BAC. Today, we settled this case for a dismissal of all DUI charges in exchange for a plea to the reduced misdemeanor charge of "Reckless Driving." Client received a sentence of one year of informal court probation and was ordered to complete a 12 hour DUI school. All fines and fees (approximately $2,000) were waived by the court and client not ordered to complete any community service or SWAP.
Contra Costa County Richmond DUI .09% BAC First Offense DUI
Practice Area Richmond DUI and DWI
Date Sep 09, 2022
Outcome 3 Years DUI Probation, $400 fine, 3 Month DUI School & NO JAIL OR SWAP.
Description Client made an unfortunate mistake of approaching the CHP and asking for driving directions after consuming a significant amount of alcohol. Indeed, the police noticed a number of "White Claws" on the floorboard of the vehicle. Client submitted to breath tests of .13% and .14% BAC and was subsequently charged with DUI. Today we settled the case for a DUI conviction, but no jail or SWAP and a significantly reduced fine which saved the client over $1,600.
Marin County Novato DUI .17% BAC First Offense DUI Collision High BAC DUI Enhancement
Practice Area Novato DUI and DWI
Date Aug 10, 2022
Outcome ENHANCEMENT DISMISSED & NO JAIL/SWAP: 3 Years DUI Probation, Fine $1958 and 3 Month DUI School
Description Client drove home after consuming a lot of alcohol while in a despondent mood. After parking in the car port, client thought to back up without knowing that another car had illegally parked directly behind. A minor collision ensued with the Novato Police Department ultimately arriving on scene to arrest client for DUI after client refused to provide a PAS breath sample. At the station, police obtained two breath tests with a result of .17% BAC. Today, we settled this case for a dismissal of the high BAC enhancement for a plea to DUI. Client sentenced to three years of probation, fine of $1,958, 3 Month DUI school and NO JAIL, SWAP OR COMMUNITY SERVICE.
Marin County San Rafael DUI .16% BAC First Offense DUI Collision Forced Blood Draw Refusal High BAC DUI Enhancement
Practice Area San Rafael DUI and DWI
Date Aug 10, 2022
Outcome REFUSAL ENHANCEMENT DISMISSED & Three Years DUI probation, $1400 fine and 3 month DUI school, NO JAIL, SWAP OR COMMUNITY SERVICE.
Description Client veered off the road and collided with a sign. The California Highway Patrol arrived sometime later and when they tried to conduct a DUI investigation, client refused to cooperate and remained silent throughout. While this was a great strategy, it went south when he “refused” to submit to any chemical test. Client was arrested for DUI and the CHP obtained a warrant to obtain his blood which when tested showed a .16% BAC hours after the time of driving. Today, we reluctantly settled this case for a plea to DUI with the refusal enhancement dismissed. Client sentenced to three years informal court probation, fine of $1,400 and a three (3) month DUI school. Client’s license to be suspended by DMV for one year due to the refusal.
Contra Costa County Martinez DUI .16% BAC First Offense DUI High BAC DUI Enhancement
Practice Area Concord DUI and DWI
Date Aug 01, 2022
Outcome ENHANCEMENT DISMISSED, Three Years DUI Probation, Fine $1,950, 6 Month Online DUI School and 16 Hours Community Service
Description Client was stopped by the Concord Police Department for making an illegal left turn. Client refused PAS test, but submitted to field sobriety tests which led to his ultimate arrest for DUI. While at the station, client submitted to a blood test which when analyzed returned a .16% BAC. Today we settled this case for a dismissal of the high BAC enhancement and a reasonable DUI sentence that client could complete as he was an out of state resident. Client received three years of probation, fine of $1950, 6 month online DUI School and 16 hours of community service.
San Francisco DUI .14% BAC Second Offense DUI Refusal
Practice Area: San Francisco DUI and DWI
Date: Jul 25, 2022
Outcome: DUI CHARGES & ENHANCEMENTS DISMISSED for Reckless Driving. 3 years probation; $809 Fine; 9 month DUI School; 25 hours community service; 20 AA meetings; and MADD class
Description: Client was stopped by the San Francisco Police Department for "speeding and reckless driving" on Fell Street after midnight. Client submitted to "field sobriety tests," but refused to take a preliminary breath test ("PAS"). Once at the station, client also refused a blood test so a warrant was obtained and his blood subsequently take and analyzed with a result of .14% BAC. Today, we successfully settled client's case for a dismissal of all DUI charges and enhancements for a plea to the reduced charge of "Reckless Driving" (Wet). Client sentenced to three years adult probation, 9 month DUI school, 25 hours of community service, 20 AA meetings and attendance in the MADD DUI awareness class. Since this was a "second refusal," client's license suspended by DMV for two years.
Marin County DUI .12% BAC First Offense DUI
Practice Area: San Rafael DUI and DWI
Date: Jun 23, 2022
Outcome: DUI CHARGES DISMISSED: CASE REDUCED TO RECKLESS DRIVING: 1 Year Probation, $800 fine and 12 Hour DUI School
Description: Client was a traveling registered nurse who was stopped by the California Highway Patrol for weaving on Highway 101 N/B. After field sobriety tests, client refused the PAS but later submitted to breath tests with results of .12% BAC. Normally, this would surely be a DUI in Marin County, but today we negotiated a reduction to Reckless Driving for a much reduced sentence of one year of probation, fine of $800 and a 12 hour DUI school which was to be completed online
Marin County DUI .15% BAC First Offense DUI High BAC Enhancement
Practice Area: San Rafael DUI and DWI
Date: May 17, 2022
Outcome: ENHANCEMENT DISMISSED & PROBATION GRANTED: 3 Years, Fine $1,900 and 3 Month DUI School
Description: Client was driving home after playing golf in San Francisco when he was stopped by the California Highway Patrol for weaving on the the Golden Gate Bridge. Client complied with investigation but opted for a blood test rather than a breath test. IT'S MY OPINION THAT BLOOD TESTS ARE OFTEN HIGHER THAN BREATH. Anyway, the blood came back a .15% BAC thus triggering the "excessive BAC enhancement." Today we resolved the case for a dismissal of that enhancement. Client sentenced to three years of probation, fine of $1,800, and a three month DUI school. NO JAIL OR SWAP.
Santa Clara County San Jose DUI .13% BAC Third Offense DUI
Practice Area: San Jose DUI and DWI
Date: Apr 28, 2022
Outcome: NO ACTUAL JAIL: 160 days Electronic Monitoring, 18 Month DUI School, $2769 Fine; 2 Years IID
Description: Client was visiting California from Idaho when he was stopped by the San Jose Police Department because he forgot to turn on the headlights in his rental vehicle. Client had a few drinks, so his BAC came back a .13 % by blood test. Although only booked for DUI, the District Attorney later learned that he had two active DUI priors from Idaho and another in Texas. As a result, client was charged with a 3rd Offense DUI, almost ensuring that he would spend a significant time in ACTUAL CUSTODY JAIL. We worked this case for two years and in the end, settled it for NO ACTUAL JAIL and client never had to return to California once to appear in his case. INCREDIBLE RESULT. Client sentenced to 5 years informal probation, 160 days house arrest/electronic monitoring, 18 month DUI school (online), 2 years IID and fine of $2769. License revoked in California for 3 years. This "no jail" result allowed client to keep his job and an opportunity to turn this around and never do it again.
Santa Clara County San Jose Misdemeanor Assault on Police Officer Penal Code 243(b)
Practice Area: San Jose Criminal defense
Date: Apr 20, 2022
Outcome: JUDICIAL DIVERSION GRANTED: 20 HOURS COMMUNITY SERVICE & 10 AA MEETINGS FOR COMPLETE DISMISSAL OF ALL CHARGES
Description: Client was a resident of Washington State and a Seattle Seahawks fan who became inebriated while attending a playoff football game against the San Francisco 49ers. A squadron of armed police arrived at her location in the stadium and very roughly removed her, ultimately binding her in a "WRAP" device because she allegedly spit at them. This case involved all male officers and client alleged that they touched her inappropriately which caused her to retaliate. Coincidently, the officers body worn cameras were simultaneously not functioning. Client charged with two counts of assault on a peace officer and DA refused anything but a plea of guilty. Undaunted, we fought for nearly two years and today were able to take advantage of a change in the law getting the judge to grant "judicial diversion." As a result, client ordered to complete 20 hours of community service and attend 10 AA meetings and stay arrest free for 3 months at which time all charges will be dismissed and sealed.
Santa Clara County San Jose DUI .29% BAC Second Offense DUI High BAC Enhancement
Practice Area: San Jose DUI and DWI
Date: Apr 20, 2022
Outcome: Probation Granted: 4 Years, $2,000 fine, 18 Month DUI School, 40 Days Weekend Work, 1 Year IID and NO ACTUAL JAIL.
Description: Client had previously been convicted of DUI in San Francisco and was currently on a grant of diversion for a drug case in Palo Alto when she was driving and got a flat tire on N/B 85 at Camden. The CHP arrived and client submitted to two PAS tests with results of .24% and .28% BAC. Client was arrested and later submitted to two breath tests at the station with results of .27% and .29% BAC. Today we settled this tough case for NO ACTUAL JAIL. Client sentenced to four years probation, fine of $2,000, 40 days of Weekend Work and one year of an ignition interlock device ("IID") and the 18 month DUI School.
San Mateo County Redwood City DUI .16% BAC First Offense DUI Speed and High BAC Enhancements
Practice Area: Redwood City DUI and DWI
Date: Apr 11, 2022
Outcome: ENHANCEMENTS DISMISSED & NO JAIL/SWAP; 3 years probation, $1900 Fine and 3 Month DUI School
Description: Client was stopped by the California Highway Patrol ("CHP) for speeding on I-280. The officer alleged client's speed was 100 MPH. Client subsequently investigated for DUI and blew .16% BAC on the PAS test. At the station, Client's breath tests were .14% and .13% BAC. Today at the pretrial conference, we resolved the case for a plea to a generic DUI charge with ALL ENHANCEMENTS DISMISSED. Client was sentenced to three years informal probation; fine of $1,900; and a three month DUI school with NO ADDITIONAL JAIL OR SWAP. Although it would have been awesome to get the DUI reduced, it was extremely unlikely and this was a great DUI result for San Mateo County.
San Mateo County DUI .15% BAC First Offense DUI Collision, Assault of Police Officer and High BAC Enhancement
Practice Area: San Mateo DUI and DWI
Date: Mar 15, 2022
Outcome: ASSAULT & HIGH BAC DISMISSED. Probation Granted: 3 Years; $1,950 fine, 3 month DUI school
Description: Client was involved in a property damage only motor vehicle collision which was investigated by the San Mateo Police Department who found empty cans of “hard seltzer” inside her car. Client submitted to two PAS tests with results of .17% and .16% BAC. After her arrest, client completed two more breath tests which came back at .15% BAC. While at the station, police alleged that client was unruly and assaulted one of the officers. Although an ugly case, today we finally settled the matter for plea to DUI and dismissal of the high BAC enhancement and the assault charges. Client sentenced to 3 years probation, fine of $1,900 and a three month DUI School. NO JAIL, SWAP OR COMMUNITY SERVICE.
San Francisco DUI .10% BAC First Offense DUI
Practice Area: San Francisco DUI and DWI
Date: Feb 16, 2022
Outcome: ALL CHARGES DISMISSED AND RECORDS SEALED PER SUCCESSFUL DIVERSION
Description: Client was stopped by the CHP for speeding, approximately 85 mph on US 101 South a 65 mph zone and was ultimately arrested for DUI. Client refused PAS and submitted to blood test with result of .10% BAC. Client was employed with auto dealership and would be terminated if convicted of DUI. Today, we were one of the last DUI defendants for long time, to have completed a diversion program which consisted of a DUI school and community service for six months. Client did so and as a result, all charges were dismissed this morning and records of his arrest ordered sealed.
San Mateo County Redwood City DUI .19% BAC Second Offense DUI High BAC Enhancement
Practice Area: Redwood City DUI and DWII
Date: Feb 08, 2022
Outcome: Probation Granted: 4 Years, $1,879 Fine, 18 Month DUI School, 9 Days SWAP; NO IID ORDER
Description: Client was found asleep in her car in the afternoon while waiting in a fast food drive thru. The Redwood City Highway Patrol conducted a cursory DUI investigation and client refused to take the PAS breath test. At the station, however, client did submit to two breath tests both with the same high result, .19% BAC. Client charged with second offense DUI because of a 2014 prior offense. We concluded the case today for a fair sentence: three years informal probation, fine of $1,879, 18 Month DUI School and after credits, 9 actual days of weekend work in lieu of jail. License suspended for two years. NO IID ORDERED BY COURT.
San Mateo County DUI .18% BAC Second Offense DUI High BAC Enhancement
Practice Area: South San Francisco DUI and DWI
Date: Jan 12, 2022
Outcome: ENHANCEMENT DISMISSED & PROBATION GRANTED: 3 years, $2,000 fine, 18 month DUI school & 18 days SWAP.
Description: Client stopped by the California Highway Patrol for speeding on I-280. Client submitted to PAS test with results of .19% and .20% BAC and was subsequently arrested for DUI. Client taken to police station where she completed two more breath tests both resulting in .18% BAC. Today, we settled this case for a dismissal of the high BAC enhancement and no actual jail. Client sentenced to three years probation, fine of $2,000, 18 Month DUI School and 18 days of weekend work in lieu of actual jail.
San Mateo County Petty Theft Case
Practice Area: South San Francisco Criminal defense
Date: Dec 10, 2021
Outcome: Probation Granted: 1 Year, $235 Fine & 2 Days SWAP
Description: Client arrested for shoplifting $500 of beauty products from Sephora. Today we settled the case (after two years of fighting) for: One year court probation, $235 fine and two days of weekend work in lieu of actual custody.
Santa Clara County Palo Alto DUI .23% BAC Second Offense DUI Collision High BAC Enhancement
Practice Area: Palo Alto DUI and DWI
Date: Dec 08, 2021
Outcome: Probation Granted: 4 Years, $2,359 Fine, 18 Month DUI School, 18 Days SWAP & 1 Year IID
Description: Client collided with white line delineators at the exit of US 101 and Middlefield Road. Although there was little damage, the collision was observed by California Highway Patrol Officers (CHP) who immediately began an investigation. Client refused the PAS breath test and ultimately agreed to a blood test which returned a result of .23% BAC. This was client's second DUI in five years and the prior was also in Santa Clara County. Strangely enough, I was able to actually negotiated a BETTER result today for the present case than her other attorney who represented her on her first DUI. Client received the following sentence: 4 years court probation, $2,359 fine, 18 month DUI school, 1 year IID and 18 days of Weekend Work in lieu of actual custody. Pretty good considering her previous DUI attorney negotiated a sentence of 35 days Weekend Work on her first offense. Who you hire really matters!
San Mateo County DUI .21% BAC Second Offense DUI High BAC Enhancement
Practice Area: South San Francisco DUI and DWII
Date: Nov 24, 2021
Outcome: Probation Granted: 3 Years, $239 Fine, 20 days SWAP, 18 Month DUI School and 1 Year IID
Description: Client was stopped by the California Highway Patrol in Southbound I-280 after a report by a concerned citizen of weaving and erratic driving. Client submitted to a PAS breath test with results of .22% BAC and a later breath test at the station of .21% BAC. Client had previously suffered a DUI conviction in 2014 thus making this his "second offense." Today we settled the case for a non jail resolution: three years informal court probation, fine of $239, 20 days of weekend work/SWAP in lieu of jail, 18 month DUI school and one year of an ignition interlock device ("IID"). Client's license suspended, however, he is now eligible for a "restricted license."
Santa Clara County San Jose DUI .20% BAC First Offense FELONY DUI Injury Collision High BAC Enhancement
Practice Area: San Jose FELONY DUI and DWI
Date: Nov 18, 2021
Outcome: FELONY CHARGES DISMISSED; CASE SETTLED FOR NON-INJURY MISDEMEANOR DUI
Description: Client was involved in a rear end collision in San Jose which resulted in some injuries to the victims. Client submitted to a breath test with results of .20% BAC. Client initially charged with FELONY DUI because of the injuries. Today, I settled client's criminal case for a plea to MISDEMEANOR non-injury DUI and admission of the high BAC enhancement. Although I would have liked to push for a better result, strategy dictated that we settle the case ASAP as a non-injury misdemeanor DUI. Client sentenced to 3 years informal probation, 9 month DUI school, 4 actual days of weekend work and a fine of $1,959. License restricted for 10 months.
Santa Clara County San Jose DUI .14% BAC First Offense DUI
Practice Area: San Jose DUI and DWI
Date: Nov 16, 2021
Outcome: Probation Granted: 3 Years; $1,949 Fine, 3 Month DUI School & 3 Days Weekend Work
Description: Client was stopped for weaving and speeding by the San Jose California Highway Patrol. Client submitted to two PAS breath tests with results of .17% and .15% BAC. Client arrested for DUI and later submitted to two breath tests with results of .14% BAC respectively. Today, we resolved the case for the minimum sentence in San Jose: three years informal court probation, fine of $1,949, 3 month DUI school and approximately three days of Weekend Work in lieu of actual jail time. License suspended for six months with immediate eligibility for a "restricted" license.
San Mateo County DUI .17% BAC First Offense DUI Collision Refusal FELONY Obstruction High BAC Enhancement
Practice Area: South San Francisco FELONY DUI and DWI
Date: Nov 16, 2021
Outcome: FELONY CHARGES DISMISSED; Probation Granted: 3 Years, Fine $1,985, 3 Month DUI School, 4 Days SWAP
Description: Client was a young man who drank way too much and crashed into another car while on his way to a party in South San Francisco. SSF Police were able to follow his vehicle's fluid trail and confronted him at the party. Client was argumentative with the police who responded by tackling him to the ground. While on the ground, Client shouted numerous obscenities to the police who responded by charging him with a FELONY under Penal Code Section 69, "attempt to deter executive officer's by force or threat." As a topper, Client "refused" the chemical test so a warrant was issued to take his blood which had a result of .17% BAC. The DA refused to settle the case without the Felony, so I had to argue the matter before the court at the preliminary hearing. The judge then reduced the felony to a misdemeanor. Today, after two years, I was able to settle the case for a misdemeanor DUI and "hit and run" charges for 3 years probation, 4 days of SWAP, fine of $1,985 and 3 month DUI school. As bad as this client acted, I was determined that he not be convicted a felon and today that hard work paid off. I almost forgot, I won the "refusal" issue at the DMV to save the client from a one year suspension.
San Mateo County DUI .08% BAC First Offense DUI
Practice Area: South San Francisco DUI and DWI
Date: Nov 03, 2021
Outcome: DUI CHARGES DISMISSED & Case Reduced to Reckless Driving: 1 Year Probation, Fine $1,546 & 12 Hour DUI School
Description: Client arrested for DUI by CHP after being observed speeding. Breath test result .08% BAC. DUI CHARGES DISMISSED & Case Reduced to Reckless Driving: 1 Year Probation, Fine $1,546 & 12 Hour DUI School.
San Mateo County DUI .14% BAC First Offense DUI
Practice Area: Daly City DUI and DWI
Date: Oct 22, 2021
Outcome: DUI CHARGES DISMISSED: Case reduced to Reckless Driving: 1yr Probation, $1556 Fine; 3 Month DUI School; & 96 Hours of Community Service
Description: Client was stopped for speeding and weaving by the Daly City Police Department. The police smelled alcohol and client submitted to field sobriety tests including a PAS test of .08% and .10% BAC. The low tests were countermanded by a later blood test which resulted in a .14% BAC, which made things substantially more complicated. After much wrangling, I was able to get the District Attorney to agree to dismiss the DUI charges for a reduction to "Reckless Driving." As a result, Client received a much reduced sentence of one (1) year of court probation, fine of $1,556 and a 3 month DUI school.
Santa Clara County San Jose DUI .19% BAC First Offense DUI Collision High BAC Enhancement
Practice Area: San Jose DUI and DWI
Date: Sep 15, 2021
Outcome: DUI DISMISSED & ZERO LICENSE SUSPENSION & NO FINES: Case Reduced to Reckless Driving for 1 yr Probation, 160 hours Community Service; 3 Month DUI School
Description: Client was arrested by San Jose Police Department after being involved in a multi-vehicle, non-injury collision which resulted in his arrest for DUI. Client submitted to preliminary breath test, ("PAS"), at the scene with results of .20% BAC. Once arrested, client agreed to evidential breath test with results of .19%. Due to COVID, client's case was continued unilaterally by the Court. This would have been a major problem for most DUI defendants because the DMV case, which can also result in a license suspension, would have surely ended badly for him before the conclusion of the criminal case resulting in multiple license suspensions for the same conduct. Thankfully, I was able to WIN the DMV case with an Order of Set Aside. This would have been for naught, but as it would turn out, I was then able to negotiated a resolution of client's case for a REDUCTION to misdemeanor "reckless driving," ("wet"). Since the DUI charges were then dismissed, client suffered ZERO LICENSE SUSPENSION for this arrest. A really fantastic result for a young man with no record who accepted responsibility for his actions, yet still needed to drive. By the way, did I forget to mention that I was able to get all of his fines & fees (about $2,000) waived?
Santa Cruz DUI .10% BAC First Offense DUI
Practice Area: Santa Cruz DUI and DWI
Date: Sep 08, 2021
Outcome: DUI CHARGES DISMISSED: Case reduced to Reckless Driving: 1yr Probation, $1500 Fine; 12 Hour DUI School; & 60 Hours of Community Service
Description: Client, a college student, was stopped by the Santa Cruz Police Department for an expired registration tag. After a DUI investigation, Client submitted to a single blood test which returned a result of .10% BAC. Initially, the district attorney wanted a plea to the DUI, but after much negotiation, I was able to get the offense reduced to Reckless Driving ("Wet"). As a result, Client received a substantially reduced sentence: One year informal probation, fine of approximately $1,500, 12 hour DUI school and 60 hours of volunteer work with a non profit. Client's license suspended for 4 months and full license reinstated with the filing of an SR-22.
Santa Clara County Palo Alto DUI .14% BAC First Offense DUI
Practice Area: Palo Alto DUI and DWI
Date: Aug 03, 2021
Outcome: DUI CHARGES DISMISSED: Case reduced to Reckless Driving: 1yr Probation, $1200 Fine; 3 Month DUI School; & 96 Hours of Community Service
Description: Client was stopped for speeding by the Palo Police Department. Although he refused the breath test, a later blood test returned a result of .14% BAC. After much negotiation with the district attorney, we successfully settled this case today for a dismissal of the DUI charges in lieu of a plea to the reduced charge of "reckless driving." As a result, his sentence was significantly reduced. Client sentenced to ONE year of informal probation, a fine of approximately $1,200, a 3 Month DUI School and 96 hours of community service. Client opted for a "restricted license" whereby after installation of an ignition interlock device ("IID"), he was able to get a license without any actual suspension.
San Mateo County DUI .09% BAC First Offense DUI
Practice Area: South San Francisco DUI and DWI
Date: Jul 23, 2021
Outcome: DUI CHARGES DISMISSED: Case reduced to Reckless Driving: 1yr Probation, $1546 Fine & 12 Hour DUI School
Description: Client was stopped for weaving by the California Highway Patrol. Client refused to submit to PAS test and later provided a breath test with results of .08% and .09% BAC. After nearly a year, the case settled today for a dismissal of the DUI charges. Client entered a plea of "no contest" to the reduced misdemeanor charge of "reckless driving" for a significantly reduced sentence. Client sentenced to one year of informal probation, fine of $1,546 and a 12 hour DUI school.
Santa Clara County San Jose Solicitation of Prostitution Penal Code 647(b) Misdemeanor
Practice Area: San Jose Criminal defense
Date: Jul 15, 2021
Outcome: ALL CHARGES DISMISSED
Description: Client was caught up in a "sting" operation by the San Jose Police who had set up a dummy account online and posed as a prostitute. Client was a 20 something tech industry professional working in Silicon Valley on a workers visa so any conviction would be damning. After many hearings (due in part to COVID), I was finally able to finalize a diversion sentence where the client took a prostitution awareness class and all criminal charges were dismissed.
San Mateo County DUI .10% BAC First Offense DUI
Practice Area: South San Francisco DUI and DWI
Date: May 11, 2021
Outcome: DUI CHARGES DISMISSED: Case reduced to Reckless Driving: 1yr Probation, $932 Fine & 3 Month DUI School
Description: Client was stopped by the Brisbane Police Department for a wrong way turn. A DUI investigation ensued and client submitted to two PAS breath tests both of .11% BAC. A later blood test returned a result of .10% BAC. Today at Pretrial, the DA offered client a DUI resolution, however, I was able to convince her to reduce the offense to Reckless Driving ("Wet"), which resulted in a significantly reduced sentence. Client received one year of informal probation, fine of $932 and a three month DUI school with no community service or jail time. License to be suspended for one month and restricted for work purposes with the filing of an SR22. Overall, a great outcome since the original offer was three years of probation and a fine over $2,000 and two days of jail.
San Mateo County Redwood City DUI .18% BAC First Offense FELONY DUI Injury Collision High BAC Enhancement
Practice Area: Redwood City FELONY DUI and DWI
Date: Mar 02, 2021
Outcome: FELONY DUI REDUCED TO MISDEMEANOR W/ NO INJURY ALLEGATION
Description: Client was involved in a collision in Redwood City which resulted in one person claiming that they had been injured. As a result, Client was arrested for FELONY DUI w/ injury, a charge that surely would have ended him up in prison. After much investigation, I learned that the injuries were really non existent and after some time, was able to convince the district attorney to reduce the felony to a misdemeanor and even the injury DUI to a non injury DUI, although client had submitted to two breath tests of .17% and .18% BAC. This effort not only saved client from jail, but also saved his license!. Client sentenced to three years probation, reduced fine of $300, 3 month DUI school and 2 days of SWAP in lieu of actual custody.
San Mateo County DUI First Offense DUI Refusal Collision .13% BAC Forced Blood Draw
Practice Area: South San Francisco DUI and DWI
Date: Oct 19, 2020
Outcome: DUI CHARGES DISMISSED: Case reduced to Reckless Driving: 3yr Probation, $1909 & 3 Month DUI School w/ One Day of Community Service
Description: First offense misdemeanor DUI cases are fundamentally different at least procedurally, as a result of COVID 19. Specifically, defense attorneys now appear for hearings via video and all pretrial negotiations occur behind the scenes and between court hearings. Now more than ever it's crucial that your defense attorney has a positive reputation and years of experience working with prosecutors and judges "in person." Case in point. Client was arrested for DUI after being involved in a non injury collision. Client refused to submit to chemical test and was subsequently charged with this enhancement. The CHP officers obtained a warrant for client's blood and it was later analyzed with a result of .13% BAC. After much wrangling with the District Attorney, we were able to successfully settle this case today via Zoom for a reduction to Reckless Driving. This was crucial as the client was not a US citizen and the difference between Reckless Driving and DUI is is significant for immigration purposes. Client was sentenced to three (3) years of informal probation, fine of approximately $1900, a three (3) month DUI school and one day of community service in lieu of jail. Client's license was suspended for one (1) year, however, as a result of his refusal at the DMV hearing.
Santa Clara County San Jose DUI .15% BAC First Offense DUI High BAC Enhancement
Practice Area: San Jose DUI and DWI
Date: Aug 18, 2020
Outcome: DUI CHARGES DISMISSED: Case reduced to Reckless Driving: 3yr Probation, $1,949; 3 Month DUI School; & 10 days Weekend Work
Description: Client was arrested by the California Highway Patrol for DUI after he was observed "speeding" on Eastbound I-680. Although client cooperated fully in the investigation, his preliminary breath test ("PAS") came in at .12% BAC and his later breath test of .14% and .15% clearly demonstrated that his BAC was "rising," that is, his body was still absorbing alcohol. Either way, the problem was that this client was not a U.S. Citizen but instead a DACA resident. Crucially, under Trump, he would now be potentially eligible to be deported to a country from which he had never been. Gratefully, we negotiated a settlement of the case today for a dismissal of the DUI charges in lieu of a plea to the reduced misdemeanor of Reckless Driving.
San Francisco DUI .08% BAC First Offense DUI
Practice Area: San Francisco DUI and DWI
Date: Jan 14, 2020
Outcome: DISMISSAL OF ALL CHARGES for a Parking Ticket: 3 Month DUI School & 40 Hours Community Service
Description: Client arrested by CHP for DUI after being stopped for speeding. PAS .08% and Breath Test .08% BAC. Settled case today for DISMISSAL OF ALL CHARGES for a Parking Ticket: 3 Month DUI School & 40 Hours Community Service.
Contra Costa County Richmond DUI .22% BAC First Offense DUI High BAC Enhancement
Practice Area: Richmond DUI and DWI
Date: Dec 20, 2019
Outcome: DUI CHARGES DISMISSED: License Suspended for 4 Months with SR22 Requirement
Description: 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.
Santa Clara County San Jose DUI .16% BAC First Offense DUI High BAC Enhancement
Practice Area: Los Gatos DUI and DWI
Date: 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
Description: 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.
San Mateo County DUI .15% BAC First Offense DUI High BAC Enhancement
Practice Area: South San Francisco DUI and DWI
Date: Dec 04, 2019
Outcome: ENHANCEMENT DISMISSED: 3yr Probation; $1899 Fine; 3 Month DUI School & 2 days SWAP
Description: 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 DUI .12% BAC First Offense DUI
Practice Area: Fremont DUI and DWI
Date: Nov 15, 2019
Outcome: Probation Granted: 3yr Probation; $2044 Fine; 3 Month DUI School & 1 Day SWAP
Description: 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 nonetheless refused to do so. I was disappointed, but I took solace in the fact that many DUI 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.
Santa Clara County Morgan Hill DUI .18% BAC First Offense DUI High BAC Enhancement
Practice Area: Morgan Hill DUI and DWI
Date: Nov 13, 2019
Outcome: ENHANCEMENT DISMISSED: 3yr Probation; $1,949 Fine; 3 Month DUI School & 2 Days SWAP
Description: 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. Before 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 and Violation of Court Order
Practice Area: Palo Alto Domestic violence
Date: Nov 13, 2019
Outcome: CHARGES DISMISSED, CASE REDUCED TO NOISE COMPLAINT
Description: 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 came 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.
San Mateo County Redwood City DUI .13% BAC First Offense DUI
Practice Area: Redwood City DUI and DWI
Date: Oct 15, 2019
Outcome: Probation Granted: 3 Years; $1904; 3 Month DUI School. NO JAIL, SWAP OR COMMUNITY SERVICE
Description: 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 breath 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.
Napa County DUI .15% BAC First Offense DUI High BAC Enhancement
Practice Area: Napa DUI and DWI
Date: Oct 08, 2019
Outcome: ENHANCEMENT DISMISSED: 3 yr Probation; $1973 Fine, 3 Month Online DUI School & NO JAIL OR SWAP
Description: 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 performed 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.
Santa Clara County San Jose DUI .13% BAC First Offense DUI Collision
Practice Area: San Jose DUI and DWI
Date: 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
Description: 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.
Driving under the influence DMV cases are heard at the Driver's Safety Office at 1377 Fell Street.
Santa Clara County Palo Alto DUI .17% BAC First Offense DUI Refusal Enhancement
Practice Area: Palo Alto DUI and DWI
Date: Sep 16, 2019
Outcome: DUI CHARGES DISMISSED: Case reduced to Reckless Driving: 3yr Probation, $1949 & 3 Month DUI School w/ 36 Days Weekend Work
Description: 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 refused 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.
Santa Clara County San Jose DUI .24% BAC First Offense DUI Collision High BAC Enhancement
Practice Area: San Jose DUI and DWI
Date: Sep 16, 2019
Outcome: Probation Granted: 3 Years; $1,949 Fine; 12 Days Weekend Work; 9 Month DUI School & Victim Restitution
Description: 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.
San Francisco DUI .09% BAC Second Offense DUI
Practice Area: San Francisco DUI and DWI
Date: Aug 23, 2019
Outcome: DUI CHARGES DISMISSED: Case reduced to Reckless Driving: 3yr Probation, $909 & 9 Month DUI School
Description: 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.
Santa Clara County Palo Alto Petty Theft Case
Practice Area: Palo Alto Criminal defense
Date: Aug 14, 2019
Outcome: CHARGES DISMISSED
Description: 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 deal 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.
Santa Cruz DUI .21% BAC First Offense DUI Collision High BAC Enhancement
Practice Area: Santa Cruz DUI and DWI
Date: Aug 13, 2019
Outcome: DUI CHARGES DISMISSED: CASE REDUCED TO PUBLIC INTOXICATION
Description: 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 been 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.
San Francisco DUI .20% BAC First Offense DUI Collision High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Aug 06, 2019
Outcome: ENHANCEMENT DISMISSED: 3 MONTH DUI SCHOOL
Description: Client crashed a Scoot rental scooter into a vehicle after attending a street fair in the City. Client subsequently charged with DUI with a high BAC enhancement. After nearly a year, we settled the case today with the high BAC enhancement dismissed. Client sentenced to three years probation, fine of $1,900, 3 MONTH DUI SCHOOL, and 200 hours of community service.
San Francisco DUI .08% BAC First Offense DUI
Practice Area: San Francisco DUI and DWI
Date: Aug 05, 2019
Outcome: CASE SETTLED FOR PARKING TICKET w/ DUI School and 40 Hours Community Service
Description: Client was stopped by the CHP for excessive vehicle noise just South of Market Street. Client submitted to PAS and breath tests all with results of .08% BAC. After appearing many times in the case, the offer went between a "wet" and "dry" reckless. Today, we settled the case for a PARKING TICKET. Client was ordered to complete 40 hours of community service and attend a 3 month DUI School.
San Francisco DUI .16% BAC First Offense DUI Collision High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Jul 30, 2019
Outcome: DUI CHARGES DISMISSED: Case reduced to Reckless Driving: 3yr Probation, $909 & 3 Month DUI School w/ 40 hours Community Service
Description: Client arrested by the CHP after a rear-end collision. Client submits to PAS test with results of .09 and .13% BAC. After arrest, client submits to two breath tests with results of .15 and .16% BAC. Client subsequently charged with enhanced DUI. After multiple hearings, I successfully negotiated a resolution for a "wet" reckless driving misdemeanor. Client received three years of probation, fine of $819 and a 3 month DUI school (online) with 40 hours of community service. No jail or SWAP. License suspended for 4 months.
Alameda County Oakland DUI .14% BAC First Offense DUI Collision
Practice Area: Oakland DUI and DWI
Date: Jul 29, 2019
Outcome: Probation Granted: 3 yr Probation, $2,044, 3 Month DUI School, NO JAIL, SWAP OR COMM. SERVICE
Description: Client arrested after property damage vehicle collision by the CHP. Blood test returned result of .14% BAC. Successfully mitigated damage for client in settling case today for minimum punishment: 3 years court probation, fine $2044, 3 month DUI school and NO JAIL, SWAP OR COMMUNITY SERVICE. License suspended for 30 days and restricted for five months.
San Mateo County DUI .13% BAC First Offense DUI Collision
Practice Area: South San Francisco DUI and DWI
Date: Jul 29, 2019
Outcome: Probation Granted: 3 yr; $1899 fine, 3 month DUI School and 2 days SWAP
Description: Client was in a property damage only collision and arrested by the CHP for DUI. Breath tests came in a .13% BAC. Settled case today for minimum sentence of three years probation, fine of $1,899, 3 month DUI school and 2 days of community service. License suspended for six months.
Marin County DUI .17% BAC First Offense DUI FELONY Child Endangerment High BAC Enhancement
Practice Area: San Rafael FELONY DUI and DWI
Date: Jul 22, 2019
Outcome: FELONY DISMISSED; Probation Granted (DUI) 3 yrs, Fine $1950, 3 Month DUI School and 30 hours Counseling
Description: Client was reported by tipster as weaving while driving on North Bound 101 just after the Golden Gate Bridge. After a investigation by the CHP, client submitted to PAS test with result of .17% BAC and a subsequent breath test of .14% BAC. As there was a child in the vehicle, client was also charged with the more serious felony for child endangerment. After multiple hearings and a Motion to Suppress Evidence, we settled the case for a dismissal of all felony charges and a misdemeanor plea to driving with a BAC in excess of .08%. Client sentenced to three years of probation, fine of $1,950, 3 month DUI School and 30 hours of counseling.
Alameda County Oakland Hit and Run Misdemeanor
Practice Area: Oakland DUI and DWI
Date: Jul 18, 2019
Outcome: POST PLEA DIVERSION: CASE DISMISSED
Description: Client was a young man who was driving his vehicle in the early morning hours when he lost control and crashed off the side of the road causing minor damage to a property fence. Client left the scene without notifying the police. Subsequently, client was contacted by the CHP and cited for leaving the scene of an accident, a misdemeanor. After a couple of Pre-Trial Conferences, we settled the case today for a “Post Plea Diversion.” Basically, client was required to pay a nominal fine of $250, complete a “driving course” online and remain crime free for 4 months. Once completed, all charges against client will be totally dismissed.
San Francisco DUI .12% BAC First Offense DUI
Practice Area: San Francisco DUI and DWI
Date: Jul 16, 2019
Outcome: DUI CHARGES DISMISSED: Case reduced to Reckless Driving: 18 mo. Probation, $954 & 12 Hour DUI School
Description: Client stopped by CHP for driving without license plate. Client submitted to PAS test with results of .11% BAC and then later completed a breath test which returned result of .12% BAC. After multiple Pre-Trial Conference hearings, I was able to settle the case today for the client for a DISMISSAL of the DUI charges and a plea to a reduced charge of Reckless Driving. Client's sentence was significantly reduced: 18 months court probation, Fine of approximately $900 and a 12 hour DUI School.
San Mateo County Redwood City DUI .12% BAC First Offense DUI
Practice Area: Redwood City DUI and DWI
Date: Jun 13, 2019
Outcome: Probation Granted: 3 Years, $1989 Fine, 3 Month DUI School & 2 Days SWAP
Description: Client arrested by San Mateo County Sheriff for DUI after being observed weaving. PAS .12% and later blood test of .12% BAC. Settled case today for Probation Granted: 3 Years, $1989 Fine, 3 Month DUI School & 2 Days SWAP.
Alameda County Dublin DUI .10% BAC First Offense DUI
Practice Area: Dublin DUI and DWI
Date: Jun 05, 2019
Outcome: DUI CHARGES DISMISSED: Case reduced to Reckless Driving: 3yr Probation, $954 & 3 Month DUI School
Description: Client arrested for DUI by the CHP after he was observed weaving and swerving on Interstate 580 around 3 a.m. Client provided two breath samples on PAS device with results of .09% each. After arrest, Client submitted to blood test which came in higher at .10% BAC. After multiple discussions with the District Attorney, I was able to get the DUI charges dismissed for a plea to the lesser misdemeanor offense of Reckless Driving. Client, a working college student, received a highly reduced sentence of 3 years informal probation, fine of $954 and completion of a 3 month DUI First Offender DUI School. Client's license likely to be suspended by the DMV, however, for 30 days and restricted for 5 months once an SR 22 policy is filed with the DMV.
Santa Clara County San Jose DUI First Offense DUI Refusal
Practice Area: San Jose DUI and DWI
Date: May 30, 2019
Outcome: Probation Granted: 3 Years, $1950 Fine, 9 Month DUI School & 8 Days of SWAP
Description: Client arrested for DUI by San Jose Police Department after being observed weaving. Client refused any chemical test and no warrant was issued. Settled case today for Probation Granted: 3 Years, $1950 Fine, 9 Month DUI School & 8 Days of SWAP. License suspended by DMV for one year.
San Mateo County Redwood City DUI .19% BAC First Offense DUI Collision High BAC Enhancement
Practice Area: Daly City DUI and DWI
Date: May 22, 2019
Outcome: Probation Granted: 3 Years, Fine $1899, 3 Month DUI School and 4 Days SWAP
Description: Client arrested for DUI by Daly City Police Department after being involved in a collision and submitted to PAS .18% BAC and later Blood Test of .19% BAC. Case settled today for Probation Granted: 3 Years, Fine $1899, 3 Month DUI School and 4 Days SWAP.
Santa Clara County Palo Alto DUI .26% BAC First Offense DUI High BAC Enhancement
Practice Area: Mountain View DUI and DWI
Date: May 13, 2019
Outcome: Probation Granted: 3 Years, Fine $1950, 9 Month DUI School & 8 Days SWAP
Description: Client arrested by Mountain View Police Department for DUI after being observed driving without headlights. Blood Test returned a result of .26% BAC. Settled case today for Probation Granted: 3 Years, Fine $1950, 9 Month DUI School & 8 Days SWAP.
San Mateo County Driving on Suspended License DUI Case CVC 14601.2
Practice Area: Redwood City DUI and DWI
Date: Mar 22, 2019
Outcome: CHARGES DISMISSED for Plea to Reduced Offense: NO LICENSE SUSPENSION
Description: Client charged with driving on a suspended license because of a prior DUI suspension. This is a serious offense and the punishment is often more severe than the underlying DUI case. After considerable time and assisting the client to get his license reinstated, today we resolved the case for a significantly reduced offense of driving without a license in his possession pursuant to California Vehicle Code Section 12500. Client received modest sentence of one year probation and fine of $239.
Santa Clara County San Jose DUI .16% BAC First Offense DUI Collision High BAC Enhancement
Practice Area: San Jose DUI and DWI
Date: Mar 04, 2019
Outcome: Probation Granted: 3 yr, $1,950 Fine, 3 month DUI School, 80 hours Community Service
Description: Client totaled car in property damage only collision. PAS tests of .15% and .16% followed by breath tests of .13% BAC lead to DUI charge with high BAC/collision enhancement. Case settled today for 3 years probation, fine of $1,950, 3 Month DUI School and approximately 80 hours of community service instead of jail/SWAP.
Santa Clara County San Jose DUI .18% BAC First Offense DUI FELONY Injury Collision
Practice Area: San Jose FELONY DUI and DWI
Date: Feb 07, 2019
Outcome: MISDEMEANOR Probation Granted: 3 Years, $1950 Fine, 3 Month DUI School, 15 Days SWAP & $3000 Restitution
Description: Client arrested for DUI by San Jose Police Department and charged with felony after being involved in an injury causing collision. Settled case today for MISDEMEANOR Probation Granted: 3 Years, $1950 Fine, 3 Month DUI School, 15 Days SWAP & $3000 Restitution.
Santa Clara County San Jose DUI .15% BAC First Offense DUI High BAC Enhancement
Practice Area: San Jose DUI and DWI
Date: Feb 07, 2019
Outcome: DUI CHARGES DISMISSED & Case Reduced to Reckless Driving: 3 Years Probation, Fine $1900, 3 Month DUI School, 168 Hours Community Service.
Description: Client arrested for DUI by CHP after he was observed driving in a bike lane. Case settled today for DUI CHARGES DISMISSED & Case Reduced to Reckless Driving: 3 Years Probation, Fine $1900, 3 Month DUI School, 168 Hours Community Service.
Santa Clara County San Jose DUI .25% BAC First Offense DUI Collision High BAC Enhancement
Practice Area: San Jose DUI and DWI
Date: Feb 07, 2019
Outcome: Probation Granted: 3 yr Probation, $1,950, 3 MONTH DUI SCHOOL, 180 Hours Community Service
Description: Client was arrested by the CHP after a collision with a planter box. Client submitted to blood test with result of .25% BAC. Settled case today for DUI with the following sentence: 3 years probation, fine of $1,950, 3 MONTH DUI SCHOOL and 180 hours of community service. License suspended for 30 days and restricted for five months.
Alameda County Oakland DUI .19% BAC First Offense DUI Collision High BAC Enhancement
Practice Area: Oakland DUI and DWI
Date: Jan 17, 2019
Outcome: Probation Granted: 3 Years, $2054 Fine, 3 Month DUI School & 2 Days SWAP
Description: Client arrested for DUI by CHP after colliding with a house. Client submitted to PAS .18% and .19% BAC and later blood test of .19% BAC. Settled case today for Probation Granted: 3 Years, $2054 Fine, 3 Month DUI School & 2 Days SWAP.
San Francisco DUI .21% BAC First Offense DUI Collision High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Jan 11, 2019
Outcome: Probation Granted: 3 Years, 9 Month DUI School & 100 Hours Community Service
Description: Client arrested for DUI by UCSF Police Department after being involved in a collision with a curb. Client submitted to PAS test of .18% BAC and later blood test of .21% BAC. Settled case today for Probation Granted: 3 Years, 9 Month DUI School & 100 Hours Community Service.
Contra Costa County Richmond DUI .09% BAC First Offense DUI
Practice Area: Pleasant Hill DUI and DWI
Date: Jan 10, 2019
Outcome: DUI CHARGES DISMISSED & Case Reduced to Reckless Driving: 2 Years Probation, $1000 fine & 12 Hour DUI School
Description: Client arrested for DUI by Pleasant Hill Police Department after failing to stop at stop sign. Client submitted to PAS with result of .10% BAC and later breath test with results of .08% and .09% BAC. Settled case today for DUI CHARGES DISMISSED & Case Reduced to Reckless Driving: 2 Years Probation, $1000 fine & 12 Hour DUI School.
Marin County DUI .09% BAC Second Offense DUI
Practice Area: San Rafael DUI and DWI
Date: Jan 08, 2019
Outcome: Probation Granted: 3 Years, $2500 Fine, 18 Month DUI School 9 Days SWAP & 2 Years IID
Description: Client arrested for DUI by the CHP after being observed speeding. Client had prior conviction for DUI. PAS results of .10% and .09% BAC with later Breath Test of .09% BAC. Settled case today for Probation Granted: 3 Years, $2500 Fine, 18 Month DUI School 9 Days SWAP & 2 Years IID.
Solano County Fairfield DUI .21% BAC First Offense FELONY DUI Injury Collision
Practice Area: Fairfield FELONY DUI and DWI
Date: Nov 05, 2018
Outcome: MISDEMEANOR: Probation Granted: 3 Years, $2000 Fine, 9 Month DUI School & 4 Days SWAP
Description: Client arrested by CHP for DUI after being involved in an injury causing collision. Client submitted to blood test at the hospital with result of .21% BAC. Settled case today for MISDEMEANOR: Probation Granted: 3 Years, $2000 Fine, 9 Month DUI School & 4 Days SWAP.
Alameda County Oakland DUI .08% BAC First Offense DUI
Practice Area: Oakland DUI and DWI
Date: Oct 02, 2018
Outcome: ALL CHARGES DISMISSED
Description: Client arrested for DUI by CHP after being observed speeding. PAS .09% BAC and Blood Test of .08% BAC. ALL CHARGES DISMISSED!
Contra Costa County Richmond DUI .22% BAC First Offense DUI High BAC Enhancement
Practice Area: Richmond DUI and DWI
Date: Sep 25, 2018
Outcome: ALL CHARGES DISMISSED
Description: Client arrested for DUI by the Richmond Police Department after being found asleep at the wheel at a traffic signal. Client submitted to blood test with result of .22% BAC. ALL CHARGES DISMISSED!
Marin County DUI .09% BAC First Offense DUI
Practice Area: San Rafael DUI and DWI
Date: Sep 19, 2018
Outcome: DUI CHARGES DISMISSED & Case reduced to Reckless Driving: 3 Years Probation, $1000 fine & 12 Hour DUI School
Description: Client arrested for DUI by CHP after being observed driving with expired registration. No PAS and Breath Tests of .09% BAC. Settled case today for DUI CHARGES DISMISSED & Case reduced to Reckless Driving: 3 Years Probation, $1000 fine & 12 Hour DUI School.
San Francisco DUI .21% BAC First Offense DUI Hit and Run Collision High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Aug 23, 2018
Outcome: ENHANCMENTS & HIT AND RUN DISMISSED: 3 yr Probation, Fine $1,900, 3 MONTH DUI SCHOOL & 8 Days SWAP
Description: Client was involved in a motor vehicle collision in which her vehicle continued to travel a short distance after the collision. San Francisco Police Department investigated the incident and ultimately arrested her on suspicion of DUI. Client refused PAS test and no field sobriety tests were conducted. Client submitted to blood test which returned a BAC of .21%. The District Attorney charged client with misdemeanor DUI and “Hit and Run” along with a special enhancement for excessive BAC above .15% and an infraction for having an open container, i.e. a bottle of tequila, in the front seat of the vehicle. We settled the case today at the 2nd Pre-Trial Conference for a very good result. Client pled “no contest” to the DUI but all other charges and enhancements were dismissed. Client sentenced to 3 years of probation, fine of approximately $2,000, 3 MONTH DUI SCHOOL, and 8 days of SWAP in lieu of actual jail. DA originally offered a 9 month DUI school, so by waiting it out, we saved the client six months of school, thousands of dollars and and a 10 month license suspension.
Marin County DUI First Offense DUI Prescription Drugs
Practice Area: San Rafael DUI and DWI
Date: Aug 10, 2018
Outcome: DUI CHARGES DISMISSED; CASE REDUCED TO RECKLESS DRIVING
Description: Client is in her mid 50's and takes several medications for depression and health reasons related to a previous cancer diagnosis. After a dentist visit, client was observed driving by a non police citizen who called 911 and claimed that she had collided with a guardrail and was weaving. The San Rafael Police Department located her but did not observe any bad driving. Client was detained and required to complete field sobriety tests with a PAS breath test of 0.0% BAC. Although the police needed a "Drug Recognition Expert" to properly render an option as to whether or not she was under the influence of drugs, they failed to do this. Moreover, they also failed to provide evidence that the client was actually impaired by drugs, rather than being just a bad driver. Nevertheless, the District Attorney wanted a harsh sentence which included a plea to the DUI, 10 days in jail and a full year of license suspension. We rejected this offer and set the case for both jury trial and a motion to suppress evidence. I'll just say that I did not charge the client any additional fees for either of these costs. In the end, the DA significantly reduced the offer to a plea to 'reckless driving" for three years of probation, fine of $148 (normal fine is $2,000) and a 12 hour DUI school with NO JAIL and NO LICENSE SUSPENSION.
Alameda County Oakland DUI .19% BAC First Offense DUI High BAC Enhancement
Practice Area: Oakland DUI and DWI
Date: Aug 09, 2018
Outcome: ENHANCEMENT DISMISSED: 3 yr Probation; 3 month DUI school, 1 day SWAP
Description: Client was arrested by the CHP for DUI after he was observed "weaving." Client performed sobriety tests, but the officers did not have a PAS device for him to blow into. After being arrested for DUI, client assented to a blood test which returned a result of .19% BAC. As a result, client was charged by the District Attorney for DUI with a special enhancement for having a BAC in excess of .15%. Today, we resolved the case rather favorably, although he did have to plea "no contest" to the misdemeanor DUI. The enhancement was dismissed and the client received a modest sentence of three years probation, fine of $2054, 3 month DUI school and one day of SWAP/Community service in lieu of actual jail. The result was particularly good since the DA initially wanted a longer DUI school, i.e. 6 to 9 months, because of the high BAC. Since we were able to get the shorter school, client will only be required to have an ignition interlock device ("IID") for five months instead of 10, thus saving him thousands of dollars.
San Mateo County Redwood City DUI .12% BAC First Offense DUI
Practice Area: Redwood City DUI and DWI
Date: Jul 31, 2018
Outcome: DUI CHARGES DISMISSED; CASE REDUCED TO RECKLESS DRIVING
Description: Client was arrested by the CHP for DUI after she was observed weaving in Redwood City. Client submitted to PAS breath test with results of .10 % and .11% BAC respectively. Client opted for blood test which came back with a result of .12% BAC, a number which is rarely reduced out of a DUI in San Mateo County. Today, at the Pre-Trial Conference, I successfully negotiated a settlement of the case for a reduction to "Reckless Driving." Client, a non-citizen, was extremely grateful and sentenced as follows: 2 years court probation, fine of $931, and a 12 hour DUI school. Client's license not immediately suspended, but likely will be for 4 months and can be reinstated by filing an SR22 insurance policy.
San Mateo County DUI .23% BAC First Offense DUI High BAC Enhancement
Practice Area: San Bruno DUI and DWI
Date: Jul 31, 2018
Outcome: Probation Granted: 3yrs; Fine $1889, 9 month ONLINE DUI School, 4 days SWAP
Description: Client arrested by San Bruno Police Department after being involved in a collision with parked car. Blood test came in at .23% BAC, so client was additionally charged with high BAC enhancement. Living out of State, client needed a settlement which he could do. Today, we got that: 3 years probation, $1889 fine, 9 month DUI school (VIA ONLINE), and what should end up being 2 days of SWAP in lieu of jail.
Alameda County Dublin DUI .13% BAC First Offense DUI
Practice Area: Dublin DUI and DWI
Date: Jul 28, 2018
Outcome: ALL CHARGES DISMISSED
Description: Client arrested for DUI after being found sleeping in his car. Breath Test .13% BAC. Argued "no driving" and all DUI charges were dismissed.
Alameda County Oakland DUI .07% BAC First Offense DUI under 21 Zero Tolerance
Practice Area: Oakland DUI and DWI
Date: Jul 20, 2018
Outcome: DUI CHARGES DISMISSED. LICENSE SUSPENDED FOR ONE YEAR
Description: Client is a local college student who made the mistake of driving after drinking alcohol. Client was stopped by the Oakland CHP for speeding and since she was under 21, was required to blow into a PAS device which returned results of .07 and .07% BAC. Client arrested for DUI and served with DMV APS suspension notice. I successfully obtained a DISMISSAL of all criminal charges against the client in the courts which was the most important objective. Unfortunately, the DMV hearing did not go as well and client's license was suspended for one year. Client will need an SR 22 insurance policy in effect for three years and pay a $125 license reissue fee to get her license back. Since the DUI charges were dismissed, the client will not have to complete a DUI school, saving her 4 months of classes and about $600, and suffered no points on her driving record. All in all, a very good DUI case result.
San Mateo County DUI .16% BAC First Offense DUI High BAC Enhancement
Practice Area: South San Francisco DUI and DWI
Date: Jun 06, 2018
Outcome: ENHANCEMENT DISMISSED: 3 yrs Probation, $1899 Fine, 3 Month DUI School, 2 days SWAP
Description: Client stopped by CHP for speeding on Highway 101. Client refuses PAS and FST’s, but blows twice .16% BAC at the station. Client charged with DUI and high BAC enhancement. Settled the case today for dismissal of enhancement. Client sentenced to 3 years probation, fine $1,899, 3 month DUI school and two days of SWAP in lieu of jail. License suspended for 30 days and restricted for five months.
San Mateo County DUI .22% BAC First Offense DUI High BAC Enhancement
Practice Area: South San Francisco DUI and DWI
Date: May 30, 2018
Outcome: PROBATION GRANTED: 3 MONTH DUI SCHOOL
Description: Client stopped by Pacifica Police Department for speeding and missing a license plate. Client submits to a blood test which returns high result of .22% BAC. Settled case today for excellent result of 3 years probation, $1889 fine, 3 days of SWAP and only the 3 MONTH DUI SCHOOL, saving the client the additional 6 months that he would normally be required to complete with a high BAC case.
Alameda County Fremont DUI .14% BAC First Offense DUI
Practice Area: Fremont DUI and DWI
Date: May 30, 2018
Outcome: DUI CHARGES REDUCED TO RECKLESS DRIVING
Description: Client stopped for weaving by CHP and submitted to two breath tests of .13% and .14% BAC and arrested and charged with DUI. Settled case today for dismissal of DUI charges and reduction to reckless driving which successfully avoided the mandatory IID.
San Mateo County Redwood City DUI .14% BAC First Offense DUI
Practice Area: Redwood City DUI and DWI
Date: May 30, 2018
Outcome: PROBATION GRANTED: 3 Years Probation, Fine $1889, 3 Month DUI School, 2 Days SWAP
Description: Client stopped for weaving by CHP and submits to breath test of .13% and .14%. Settled the case today for minimum sentence of 3 years probation, fine $1889, 3 month DUI school and 2 days of SWAP. License suspended for 30 days and restricted for five months.
Alameda County Dublin DUI .09% BAC First Offense DUI
Practice Area: Dublin DUI and DWI
Date: May 21, 2018
Outcome: ALL CHARGES DISMISSED
Description: Client arrested by CHP for DUI after being observed speeding. PAS .09% and .07% BAC with later breath test of .08% and .09% BAC. ALL CHARGES DISMISSED.
Alameda County Oakland DUI .16% BAC First Offense DUI High BAC Enhancement
Practice Area: Oakland DUI and DWI
Date: May 18, 2018
Outcome: DUI CHARGES REDUCED TO RECKLESS DRIVING
Description: Client stopped for speeding and weaving by the Alameda County Sheriff. Suspected of DUI, client submits to exercises and two PAS tests with results of .11%. Client agrees to blood test which returns result of .16% BAC, thus qualifying him for an "enhanced" DUI charge due to the high BAC. Today, we settled the case for a remarkable result. DUI charges dismissed and case reduced to "Reckless Driving" with client sentenced to 3 years of probation, fine of $964, and a 3 month DUI School. No mandatory license suspension and most importantly, no IID.
Alameda County Oakland DUI .14% BAC First Offense DUI
Practice Area: Oakland DUI and DWI
Date: May 03, 2018
Outcome: DUI CHARGES REDUCED TO RECKLESS DRIVING
Description: Client stopped by CHP for weaving. Submitted to PAS test of .10% and later blood draw of .14% BAC. Settled case today for reduction to Reckless Driving ("Wet") where client avoided mandatory IID and received a reduced sentence. Client sentenced to 2 years probation, fine of $964, and 12 hour DUI school.
Alameda County Oakland DUI .17% BAC First Offense DUI High BAC Enhancement
Practice Area: Oakland DUI and DWI
Date: May 03, 2018
Outcome: DUI CHARGES REDUCED TO RECKLESS DRIVING
Description: Client from out of town is arrested by Emeryville Police Department. Submits to two PAS tests of .17% BAC and followed by two more breath tests of .15% BAC, thus qualifying him for an enhanced DUI. Settled case today for client for tremendous result: DUI charges dismissed for plea to Reckless Driving. This avoided the IID and made a big difference for the client with his licensing board. SENTENCE; 3 YEARS PROBATION, FINE $2054, AND 3 MONTH DUI SCHOOL.
Santa Clara County Palo Alto DUI .13% BAC First Offense DUI Collision
Practice Area: Palo Alto DUI and DWI
Date: Mar 17, 2018
Outcome: Probation Granted: 3 Years, $1950 Fine, 3 Month DUI School & 5 Days SWAP
Description: Client arrested for DUI by Mountain View Police Department after being involved in a collision. Breath tests of .13% and .12% BAC. Settled Case today for Probation Granted: 3 Years, $1950 Fine, 3 Month DUI School & 5 Days SWAP.
Alameda County Oakland DUI .13% BAC First Offense DUI
Practice Area: Oakland DUI and DWI
Date: Feb 22, 2018
Outcome: DUI CHARGES DISMISSED: CASE SETTLED FOR RECKLESS DRIVING
Description: You get what you pay for, and sometimes more, if you hire the right lawyer for your DUI case. This particular case arose from a DUI arrest Oakland by the CHP. The client blew a .13% BAC twice and refused to take the PAS test. Charged with a DUI, it was crucial that I was able to get the charges reduced to avoid the mandatory IID. We rejected the DA's initial offer (minimum sentence DUI) and through perseverance achieved a negotiated lesser charge of "Reckless Driving."
San Francisco DUI First Offense DUI Drugs Collision
Practice Area: San Francisco DUI and DWI
Date: Nov 30, 2017
Outcome: DUI Charges Dismissed & Case Reduced to Reckless Driving: NO LICENSE SUSPENSION & NO SR 22
Description: Client arrested by SFPD after a collision near SF State. Client chose blood test, which came back positive for Xanax and other drugs. Obtained a "set aside" of the DMV hearing, so client had no license suspension, but it took two Pre-Trial Conferences to get the DA to agree to reduce the offense to Reckless Driving and dismiss the DUI charges. DUI drug cases result in a minimum 1 year suspension if the client is convicted of DUI. However, if the case is reduced to reckless driving, it's extremely likely that the case will not result in ANY license suspension or an SR 22. Thus, this result saved the client thousands of dollars in addition to his driver's license.
Alameda County Oakland DUI .08% BAC First Offense DUI
Practice Area: Oakland DUI and DWI
Date: Nov 20, 2017
Outcome: ALL CHARGES DISMISSED
Description: Client arrested for DUI by CHP after being observed speeding. No PAS, 08% BAC Blood Test. ALL CHARGES DISMISSED.
Santa Clara County Palo Alto DUI .09% BAC First Offense DUI
Practice Area: Palo Alto DUI and DWI
Date: Nov 09, 2017
Outcome: DMV HEARING SET ASIDE: NO SUSPENSION: DUI CHARGES DISMISSED
Description: Client stopped and arrested by CHP for DUI. Refused PAS test but blood test returned a .09% BAC. We won the DMV hearing and after a year and half of hearings, finally convinced the DA to reduce the DUI to reckless driving.
Contra Costa County Martinez DUI .19% BAC First Offense DUI Collision High BAC Enhancement
Practice Area: Martinez DUI and DWI
Date: Nov 06, 2017
Outcome: ENHANCEMENT DISMISSED: 3 yr Probation, $1900 Fine, 3 MONTH DUI SCHOOL, 4 DAYS SWAP
Description: Client crashed car into a tree on the way home from social event in San Francisco. Concord Police Department investigated and client was arrested for DUI. Blood test result of .19% BAC. Client charged with DUI and enhancement for excessive BAC. Case settled today for a dismissal of the enhancement and plea to DUI.
Santa Clara County Palo Alto DUI .23% BAC First Offense DUI High BAC Enhancement
Practice Area: Palo Alto DUII and DWI
Date: Oct 30, 2017
Outcome: Probation Granted: 3 Years, $1949 Fine, 9 Month DUI School & 14 days SWAP.
Description: Client arrested for DUI by Mountain View Police Department after being involved in a multiple vehicle collision. Blood test returned result of .23% BAC. Settled today for Probation Granted: 3 Years, $1949 Fine, 9 Month DUI School & 14 days SWAP.
Marin County DUI .10% BAC First Offense DUI and Possession of Fake ID
Practice Area: San Rafael DUI and DWI
Date: Oct 19, 2017
Outcome: Fake ID Charges Dismissed. Convicted of DUI for 3 yrs Probation, $1,900 fines, 3 Month DUI School & CHP Start Smart Class
Description: Client under 21 and stopped by CHP near Paradise Drive for weaving. Client submitted to PAS test with results of .09% BAC and was arrested for DUI. Subsequent breath tests of .09% and .10%, however, inventory search of property led to discovery of fake ID, so client was additionally charged with that misdemeanor.
San Francisco DUI .21% BAC Second Offense FELONY DUI Injury Collision High BAC Enhancement
Practice Area: San Francisco FELONY DUI and DWI
Date: Oct 16, 2017
Outcome: MISDEMEANOR: Probation Granted 3 Years Formal, 18 Month DUI School, 4 Days of SWAP, IID & Restitution.
Description: Client arrested by San Francisco Police Department for Felony DUI with injuries. Client had prior felony DUI out of Yolo County. Settled today for MISDEMEANOR: Probation Granted 3 Years Formal, 18 Month DUI School, 4 Days of SWAP, IID & Restitution.
San Francisco DUI .17% BAC First Offense DUI Forced Blood Draw Refusal High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Oct 13, 2017
Outcome: Probation Granted: 3 Years, Fine of $1900, 3 Month DUI School and 4 Days SWAP
Description: Client arrested for DUI by San Francisco Police Department after being observed driving the wrong way on a one way street. Client refused chemical test and a warrant was obtained for his blood which returned a result of .17% BAC. Settled case today for Probation Granted: 3 Years, Fine of $1900, 3 Month DUI School and 4 Days SWAP. Refusal Allegation Dismissed but one year suspension handed down from DMV.
San Mateo County Redwood City DUI .07% BAC First Offense DUI
Practice Area: Redwood City DUI and DWI
Date: Sep 30, 2017
Outcome: DUI CHARGES DISMISSED for Speeding Ticket Infraction, Fine $416 & Referral to Traffic School
Description: Client arrested for DUI by CHP after being observed speeding. Breath Test .07% BAC. Settled case today for Speeding Ticket Infraction, Fine $416 & Referral to Traffic School.
San Francisco Assault and Battery Case
Practice Area: San Francisco Criminal defense
Date: Sep 28, 2017
Outcome: ALL CHARGES DISMISSED
Description: I represented client previously for DUI and later expungement. In this instance, he was arrested following a domestic dispute in which he was alleged to have assaulted a family member. I was able to negotiate a referral to "community court," where after completing some anger management classes, client's case was completely dismissed.
San Francisco DUI First Offense DUI Warrant
Practice Area: San Francisco DUI and DWI
Date: Sep 27, 2017
Outcome: ALL CHARGES DISMISSED
Description: Client had a DUI arrest from several years ago that had gone to warrant. I was retained to recall the warrant and filed a motion to dismiss based on a violation of client's right to a speedy trial. Motion was granted and case dismissed.
Santa Clara County Palo Alto DUI .11% BAC Second Offense DUI Collision
Practice Area: Palo Alto DUI and DWI
Date: Sep 26, 2017
Outcome: Probation Granted: 4 Years, Fine $1950, 18 Month DUI School & 184 hours of Community Service
Description: Client arrested by CHP for DUI after being involved in collision. Client had previously been convicted of DUI. PAS .14% and .12% BAC with later Blood Test of .11% BAC. Settled case today for Probation Granted: 4 Years, Fine $1950, 18 Month DUI School & 184 hours of Community Service.
Alameda County Fremont DUI .14% BAC First Offense DUI
Practice Area: Fremont DUI and DWI
Date: Sep 12, 2017
Outcome: DISMISSAL OF DUI CHARGES, Case Reduced to Reckless Driving: 3 Years Probation, $2054 Fine & 3 Month DUI School, NO SWAP.
Description: Client arrested for DUI by Pleasanton Police Department and submitted to blood test with result of .14% BAC. Settled Case today for DISMISSAL OF DUI CHARGES, Case Reduced to Reckless Driving: 3 Years Probation, $2054 Fine & 3 Month DUI School, NO SWAP.
Marin County DUI .22% BAC Second Offense DUI High BAC Enhancement
Practice Area: San Rafael DUI and DWI
Date: Sep 05, 2017
Outcome: Probation Granted: 3 Years, Fine $2348, 18 Month DUI School, 12 Days SWAP & 2 Days Actual Jail.
Description: Client arrested by Fairfax Police Department after 911 call and submitted to PAS with .20% and .18% BAC and subsequent breath tests of .22% and .21% BAC. Client had prior DUI so settlement was tough, Probation Granted: 3 Years, Fine $2348, 18 Month DUI School, 12 Days SWAP & 2 Days Actual Jail.
Marin County DUI .17% BAC First Offense DUI High BAC Enhancement
Practice Area: San Rafael DUI and DWI
Date: Sep 05, 2017
Outcome: Probation Granted, 3 Years, $1900 Fine, 3 Month DUI School & NO SWAP
Description: Client arrested by San Rafael Police Department for DUI after being observed speeding. Breath tests of .17% BAC. Case settled today for Probation Granted, 3 Years, $1900 Fine, 3 Month DUI School & NO SWAP.
Solano County Fairfield DUI .10% BAC First Offense DUI Collision
Practice Area: Fairfield DUI and DWI
Date: Aug 03, 2017
Outcome: Probation Granted: 3 Years, $1900 Fine, 3 Month DUI School & NO SWAP
Description: Client arrested for DUI by CHP after being involved in a collision. Blood Test returned result of .10% BAC. Settled case today for Probation Granted: 3 Years, $1900 Fine, 3 Month DUI School & NO SWAP.
San Mateo County DUI .12% BAC First Offense DUI
Practice Area: South San Francisco DUI and DWI
Date: Aug 03, 2017
Outcome: Probation Granted: 3 Years, Fine $1900, 3 Month DUI School & 2 Days SWAP
Description: Client arrested for DUI by San Bruno Police Department after he was observed driving with suspended registration. PAS of .12% and .11% and Blood Test of .12% BAC. Settled case today for Probation Granted: 3 Years, Fine $1900, 3 Month DUI School & 2 Days SWAP.
San Mateo County Redwood City DUI .15% BAC First Offense DUI High BAC Enhancement
Practice Area: Redwood City DUI and DWI
Date: Aug 03, 2017
Outcome: Settled case today for Probation Granted: 3 Years, $1900 Fine, 3 Month DUI School, and 2 Days SWAP
Description: Client arrested for DUI by Redwood City Police Department after being observed driving into the oncoming lane of traffic. Settled case today for Probation Granted: 3 Years, $1900 Fine, 3 Month DUI School, and 2 Days SWAP.
San Francisco DUI .08% BAC First Offense DUI
Practice Area: San Francisco DUI and DWI
Date: Aug 02, 2017
Outcome: DUI CHARGES DISMISSED & CASE REDUCED TO INFRACTION: No Probation, 3 Month DUI School & 50 Hours Community Service
Description: Client observed speeding and arrested for DUI by CHP. Client submitted to PAS and breath test all with the result of .08% BAC. Today, DUI CHARGES DISMISSED & CASE REDUCED TO INFRACTION: No Probation, 3 Month DUI School & 50 Hours Community Service.
Contra Costa County Martinez DUI .12% BAC First Offense DUI
Practice Area: Martinez DUI and DWI
Date: Jul 31, 2017
Outcome: DUI CHARGES DISMISSED: Case Reduced to Reckless Driving: 2 Years Probation, $1070 Fine and 12 Hour DUI School, NO SWAP
Description: Client found asleep in vehicle by the Contra Costa County Sheriff and submitted to breath test with results of .11% and .12% BAC. Settled case today for DISMISSAL OF DUI CHARGES: Case Reduced to Reckless Driving: 2 Years Probation, $1070 Fine and 12 Hour DUI School, NO SWAP.
Contra Costa County Martinez DUI .21% BAC First Offense DUI High BAC Enhancement
Practice Area: Martinez DUI and DWI
Date: Jul 31, 2017
Outcome: Probation Granted: 3 Years, Fine $1900, 6 Month DUI School & 2 Days SWAP
Description: Client arrested for DUI by Concord Police Department after being observed driving without headlights. PAS .18% and .20% with later blood test at .21% BAC. Settled case today for Probation Granted: 3 Years, Fine $1900, 6 Month DUI School & 2 Days SWAP.
Santa Clara County San Jose DUI .08% BAC Second Offense DUI
Practice Area: San Jose DUI and DWI
Date: Jun 27, 2017
Outcome: Probation Granted: 3 Years, $1950 Fine, 18 Month DUI School & 14 Days SWAP
Description: Client stopped by CHP for speeding and submitted to PAS with results of .08% and .09% BAC before arrest for DUI. Later breath test came in at .08% BAC. Settled case today for three years probation, Fine of $1950, 18 Month DUI School and 14 days of SWAP in lieu of jail.
San Francisco DUI .25% BAC Second Offense DUI Collision Resisting Arrest and Driving on Suspended License 14601.2
Practice Area: San Francisco DUI and DWI
Date: Jun 08, 2017
Outcome: Client Substituted Another Attorney for Trial: Client Convicted
Description: I worked this case for over a year to get client a very good settlement, however, she rejected it and decided to hire another lawyer to take her case to trial. I heard that they lost and she received a very harsh sentence.
San Francisco DUI .15% BAC First Offense DUI High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Jun 06, 2017
Outcome: Probation Granted: 3 Years, $1918 Fine, 3 Month DUI School & NO SWAP
Description: Client arrested for DUI by CHP after being observed lane straddling. Client submitted to two Breath Tests with results of .15% and .14% BAC. Settled case today for Probation Granted: 3 Years, $1918 Fine, 3 Month DUI School & NO SWAP.
San Francisco Superior Court located at 850 Bryant Street
Alameda County Oakland DUI .09% First Offense DUI
Practice Area: Berkeley DUI and DWI
Date: Jun 01, 2017
Outcome: DUI CHARGES DISMISSED & Case Reduced to Reckless Driving: 2 Years Probation, Fine $964 and 12 Hour DUI School, NO SWAP.
Description: Client arrested by Berkeley Police Department after failing to stop for red light. PAS .11% and .10% BAC. Blood test .09% BAC. Settled today for DUI CHARGES DISMISSED & Case Reduced to Reckless Driving: 2 Years Probation, Fine $964 and 12 Hour DUI School, NO SWAP.
Alameda County Oakland DUI .15 % BAC Third Offense DUI Collision
Practice Area: Oakland DUI and DWI
Date: Jun 01, 2017
Outcome: NO ACTUAL JAIL TIME, 5 Years Probation, Fine $2044, 18 Month DUI School and 130 Days Electronic Monitoring
Description: Client arrested for DUI by CHP after being involved in collision. Client had two prior DUI convictions and blood test in this case was .15% BAC. Settled case today for NO ACTUAL JAIL TIME, 5 Years Probation, Fine $2044, 18 Month DUI School and 130 Days Electronic Monitoring. THIS WAS AN AMAZING RESULT! Third Offense DUI's almost always require some significant custody time.
San Francisco County Felony Assault and Battery Case
Practice Area: San Francisco FELONY Criminal Defense
Date: May 31, 2017
Outcome: CASE REDUCED TO MISDEMEANOR DISTURBING THE PEACE: 18 MONTHS PROBATION
Description: Client charged with felony assault after a bar fight. After a through investigation, I obtained security footage from a nearby business which seemed to show that the alleged victim was actually the aggressor. Today, we settled the case for a misdemeanor "disturbing the peace" for 18 months probation.
San Francisco DUI .10% BAC First Offense DUI Collision
Practice Area: San Francisco DUI and DWI
Date: May 21, 2017
Outcome: ALL CHARGES DISMISSED
Description: Client involved in collision and arrested by CHP with PAS results of .11% BAC and breath test of .10% BAC. ALL CHARGES DISMISSED today on the day of trial.
Alameda County Oakland DUI .10% BAC First Offense DUI Collision
Practice Area: Oakland DUI and DWI
Date: May 08, 2017
Outcome: ALL CHARGES DISMISSED.
Description: Client arrested for DUI by CHP after being involved in a collision. PAS .11% and Blood Test of .10% BAC. ALL CHARGES DISMISSED by District Attorney for failure to preserve client’s blood sample for retesting.
Alameda County Oakland DUI .14% BAC First Offense DUI
Practice Area: Albany DUI and DWI
Date: Apr 25, 2017
Outcome: DUI CHARGES DISMISSED & Case Reduced to Reckless Driving: 2 Years Probation, $964 Fine, 3 Month DUI School & NO SWAP
Description: Client arrested by Albany Police Department for DUI after being observed unable to maintain her lane. Client submitted to Breath Tests with results of .14% and .12% BAC. Settled case today for DUI CHARGES DISMISSED & Case Reduced to Reckless Driving: 2 Years Probation, $964 Fine, 3 Month DUI School & NO SWAP.
Contra Costa County Pittsburg DUI .15% BAC First Offense DUI Speed and High BAC Enhancement
Practice Area: Pittsburg DUI and DWI
Date: Apr 17, 2017
Outcome: Probation Granted: 3 Years , $1969 Fine, 3 Month DUI School and 4 Days of SWAP.
Description: Client was stopped by CHP for driving over 100 MPH, which is a special enhancement for DUI cases. The DUI Speed enhancement requires a mandatory 60 day jail sentence so it was crucial that it was dismissed. Client submitted to PAS test with results of .18% and .14% BAC. Client's latter breath test returned a result of .15% BAC. Case settled today for dismissal of high BAC enhancement, 3 years probation, $1969 Fine, 3 Month DUI School and 4 Days of SWAP.
San Francisco DUI .15% BAC First Offense FELONY DUI Injury Collision High BAC Enhancement
Practice Area: San Francisco FELONY DUI and DWI
Date: Apr 10, 2017
Outcome: FELONY CHARGES DISMISSED: Probation Granted 3 years, $1900 fine, 3 Month DUI School and 4 Days of SWAP
Description: Client arrested by SFPD following a collision on Lombard which left her and her passenger with minor injuries. Client charged with felony DUI due to the injuries and submitted to blood test with result of .15% BAC. Today, we settled the case for a standard misdemeanor DUI for minimum punishment: three years probation, fine of $1,900, 3 Month DUI School and 4 days of SWAP in lieu of actual jail time. This was an amazing result!
Alameda County Oakland Providing False Information to Police
Practice Area: Berkeley Criminal Defense
Date: Mar 24, 2017
Outcome: ALL CHARGES DISMISSED
Description: Client arrested by Berkeley Police Department after providing false information to police. Today, all charges were dismissed.
Marin County DUI .08% BAC First Offense DUI DMV Win
Practice Area: San Rafael DUI and DWI
Date: Mar 23, 2017
Outcome: Probation Granted, 3 Years, $1000 fine, 3 Month DUI School and NO SWAP. DMV SET ASIDE
Description: Client arrested for DUI by CHP after observed weaving. Client submitted to PAS test with results of .08% and .09% BAC and breath tests of .08% and .07% BAC. Today I settled case for Probation Granted, 3 Years, $1000 fine, 3 Month DUI School and NO SWAP. DMV SET ASIDE after winning the DMV hearing.
Alameda County Oakland DUI .13% BAC First Offense DUI Military Client
Practice Area: Oakland DUI and DWI
Date: Mar 17, 2017
Outcome: ALL CHARGES DISMISSED & NO LICENSE SUSPENSION
Description: Client was an officer in Coast Guard and could not get convicted of anything or lose his license because it would result in discharge. Client stopped by CHP for drifting and submitted to PAS with result of .13% BAC, a breath test of .12 % and .13% BAC. Today I convinced the DA to dismiss all charges and court to fine him "not guilty" thus resulting in a total dismissal and no license suspension. Funny thing, this client didn't even write me a good review!
Alameda County Fremont DUI .20% BAC First Offense DUI High BAC Enhancement
Practice Area: Fremont DUI and DWI
Date: Mar 07, 2017
Outcome: Probation Granted: 3 Years, Fine $2044, 6 Month DUI School and 4 Days of SWAP
Description: Client arrested by CHP for DUI after being observed weaving and submitted to blood test of .20% BAC. After an unsuccessful motion to suppress evidence, we settled the case today for Probation Granted: 3 Years, Fine $2044, 6 Month DUI School and 4 Days of SWAP.
Alameda County Fremont DUI .14% BAC First Offense DUI
Practice Area: Fremont DUI and DWI
Date: Mar 07, 2017
Outcome: Probation Granted: 3 Years, $2044 Fine, 3 Month DUI School & 3 Days SWAP
Description: Client arrested for DUI after CHP observed him fail to yield for a construction zone. Client submitted to PAS with .12% BAC and a later blood test returned a result of .14% BAC. Settled case today for 3 years probation, $2044 fine, 3 month DUI school and 3 days of SWAP in lieu of jail.
Marin County DUI .21% BAC First Offense DUI High BAC Enhancement
Practice Area: San Rafael DUI and DWI
Date: Mar 07, 2017
Outcome: ENHANCEMENT DISMISSED & Probation Granted: 3 Years, $1900 Fine, 3 Month DUI School & NO SWAP
Description: Client arrested by CHP for speeding and submitted to Blood Test with result of .21% BAC. Case settled today for ENHANCEMENT DISMISSED & Probation Granted: 3 Years, $1900 Fine, 3 Month DUI School & NO SWAP.
San Francisco DUI .14% BAC First Offense DUI
Practice Area: San Francisco DUI and DWI
Date: Feb 23, 2017
Outcome: ALL CHARGES DISMISSED
Description: CHP arrested client on Bay Bridge and she submitted to blood test of .14% BAC.
Alameda County Oakland DUI First Offense DUI Drugs
Practice Area: Oakland DUI and DWI
Date: Feb 15, 2017
Outcome: ALL CHARGES DISMISSED
Description: Client arrested by CHP after admitting to consuming pain killer, Hydrocodone, for wisdom teeth extraction. Case went on for months with DA offering plea to DUI in spite of the DMV set aside of license suspension. Today, they did the right thing and dismissed all charges.
San Francisco DUI .12% BAC First Offense DUI Collision
Practice Area: San Francisco DUI and DWI
Date: Jan 10, 2017
Outcome: DUI CHARGES DISMISSED & CASE REDUCED TO RECKLESS DRIVING
Description: Client involved in property damage only collision and arrested for DUI by CHP who conducted breath test of .12% BAC. Settled case today for dismissal of DUI and plea to "reckless driving" for 3 years probation, fine of $889, 3 month DUI School and 150 hours volunteer work.
Alameda County Oakland DUI .20% BAC First Offense DUI High BAC Enhancement
Practice Area: Oakland DUI and DWI
Date: Jan 06, 2017
Outcome: ENHANCEMENT DISMISSED, 3 MONTH DUI SCHOOL & 1 DAY SWAP
Description: Client stopped by CHP for no front license plate. Client submits to PAS test and later blood test which returned a result of .20% BAC. Settled case today for excellent outcome: enhancement dismissed, 3 years probation, $2054, 3 MONTH DUI SCHOOL, and only one day of SWAP in lieu of jail.
Alameda County Oakland DUI .16% BAC First Offense DUI Collision
Practice Area: Oakland DUI and DWI
Date: Jan 04, 2017
Outcome: Probation Granted: 3 yrs, $2044, 3 Month DUI School & 3 SWAP
Description: Client arrested by CHP after a property damage collision. Four breath tests came in twice the legal limit at .16% BAC. Settled case today for reasonable sentence of 3 years probation, fine of $2,044, 3 month DUI School and 3 days of SWAP in lieu of actual jail. License suspended for 30 days followed by 5 months restriction.
San Francisco DUI .20% BAC First Offense DUI High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Nov 10, 2016
Outcome: Enhancement Dismissed: THREE MONTH DUI SCHOOL & NO SWAP
Description: Client stopped by San Francisco Police Department for "rolling a stop sign" and subsequently arrested for DUI. Client submits to PAS test of .11% BAC but later blood test returns result of .20% BAC. Case settled today for dismissal of high BAC enhancement and minimum sentence of 3 years probation, fine of $1,883, THREE MONTH DUI SCHOOL AND NO SWAP. License suspended for 30 days followed by 5 month restriction.
Santa Clara County San Jose DUI .15% BAC First Offense DUI High BAC Enhancement
Practice Area: San Jose DUI and DWI
Date: Nov 08, 2016
Outcome: Probation Granted: 3 yrs, 3 Month DUI School, $1950 Fine & 6 days SWAP
Description: Client arrested for DUI after observed speeding. Client refused PAS test, but blood was later analyzed to be .15% BAC. Case resolved today for 3 years probation, $1950 fine, 3 month DUI school and 6 days of weekend work in lieu of jail. License suspended for 30 days and restricted for five months.
San Francisco DUI .25% BAC First Offense DUI Hit and Run Collision High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Nov 07, 2016
Outcome: ENHANCEMENT & HIT & RUN DISMISSED w. 3 MONTH DUI SCHOOL
Description: Client crashed into parked car in the Marina and was arrested by the San Francisco Police Department for DUI and hit and run. Blood test returned result of .25% BAC. Settled case today for dismissal of high BAC enhancement and "hit and run" misdemeanor. Sentence of 3 years probation, $1883 fine, 3 MONTH DUI SCHOOL, and 5 days SWAP in lieu of jail.
San Francisco DUI .14% BAC First Offense DUI Hit and Run Collision
Practice Area: San Francisco DUI and DWI
Date: Nov 07, 2016
Outcome: ENHANCEMENT & HIT & RUN DISMISSED w/ NO SWAP
Description: Client arrested by San Francisco Police Department for DUI and hit and run after a property damage only collision in the City. Settled case today for bare minimum sentence of 3 years probation, fine of $1883 and 3 month DUI School. No SWAP.
Alameda County Fremont DUI .12% BAC First Offense DUI
Practice Area: Fremont DUI and DWI
Date: Nov 03, 2016
Outcome: Probation Granted: 3 Years, 3 Month DUI School, 1 day SWAP
Description: Client arrested by CHP and submitted to two breath tests of .12% BAC. Case settled today for 3 years probation, fine of $2044, 3 month DUI School and 1 day SWAP. Client's license suspended for 30 days and restricted for five months.
Alameda County Fremont DUI .14% BAC First Offense DUI
Practice Area: Fremont DUI and DWI
Date: Nov 03, 2016
Outcome: Probation Granted: 3 Years, Fine $2,044, 3 Month DUI School & 1 Day SWAP
Description:: Client arrested by CHP and submitted to two breath tests of .14% BAC. Case settled today for 3 years probation, fine of $2044, 3 month DUI School and 1 day SWAP. Client's license suspended for 30 days and restricted for five months.
Marin County DUI .12% BAC First Offense DUI Collision
Practice Area: Point Reyes DUI and DWI
Date: Oct 26, 2016
Outcome: Probation Granted: 3 yrs, $1900 fine, 3 month DUI School & 4 AWOP
Description: Client crashed vehicle in Point Reyes. CHP responded to conduct DUI investigation and client refused PAS and submitted to blood test which returned a .12% BAC result. Case settled today for plea to DUI, 3 years probation, 3 month DUI school and 4 days actual AWOP in lieu of jail. License suspended for 30 days with 5 months restriction.
San Francisco DUI .14% BAC First Offense DUI
Practice Area: San Francisco DUI and DWI
Date: Oct 20, 2016
Outcome: DISMISSAL OF DUI CHARGES, Case reduced to Reckless Driving: 3 Years Probation, $900 Fine & 3 Month DUI School with NO SWAP
Description: Client arrested for DUI by the CHP after a 911 caller reported him. PAS results of .13% and .14% and breath test of .14% BAC. Case resolved today for DISMISSAL OF DUI CHARGES, Case reduced to Reckless Driving: 3 Years Probation, $900 Fine & 3 Month DUI School with NO SWAP.
Contra Costa County Richmond DUI .17% BAC First Offense DUI High BAC Enhancement
Practice Area: Richmond DUI and DWI
Date: Sep 29, 2016
Outcome: Probation Granted: 3 yrs Probation, $1900, 3 month DUI school, 2 SWAP
Description: Client arrest by CHP after being stopped for speeding. Two PAS tests revealed results of .13% and .15% BAC and client later submitted to blood test with result of .17% BAC. At Pre-Trial today, DA wanted client to complete "six month" DUI school since "DMV requires it." Both of these statements, however, are false. There is NO 6 month DUI school, just a three month school which the program makes people take twice....just another money making ploy by these PRIVATE COMPANY DUI SCHOOLS. Moreover, DMV only requires the 3 month DUI school on ALL FIRST OFFENSE DUI'S, irrespective of BAC.....After tactfully explaining this, we settled the case today for three years probation, fine of $1900, 3 month DUI school and 2 days of SWAP. License suspended for 30 days with 5 months restriction.
San Francisco DUI .16% BAC First Offense Under 21 DUI Collision High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Sep 27, 2016
Outcome: ENHANCEMENT DISMISSED & NO JAIL OR SWAP
Description: 18 year old client involved in hit and run collision on Bay Bridge submitted to breath test with .16% BAC after being arrested by the CHP. During search of client after arrest, CHP found a pair of brass knuckles, which was ultimately charged as a misdemeanor (it's a potential felony wobbler). Settled the case today for favorable outcome: 3 years informal probation, 3 month DUI School & NO JAIL OR SWAP. Client's license suspended by DMV for 1 year since she was under 21 at the time of the offense.
Alameda County Oakland DUI .25% BAC First Offense DUI High BAC Enhancement
Practice Area: Berkeley DUI and DWI
Date: Sep 15, 2016
Outcome: ENHANCEMENT DISMISSED & 3 MONTH DUI SCHOOL
Description: Client was a Berkeley student who was arrested by the Berkeley Police Department after his vehicle had a collision with a fire hydrant. Client refused PAS test and later blood test revealed a BAC of .25%. Settled case today for remarkably good deal of 3 years probation, fine of $2,209, 3 days of SWAP in lieu of jail and the THREE MONTH DUI SCHOOL. Client's license suspended for thirty days with restriction for five months.
Alameda County Oakland DUI .14% BAC Second Offense DUI
Practice Area: Oakland DUI and DWI
Date: Sep 15, 2016
Outcome: DUI CHARGES DISMISSED: Case Reduced to Reckless Driving: 3 Years Probation, $2044 Fine, 18 Month DUI School & 4 Days SWAP
Description: Client arrested by CHP at a DUI Checkpoint. Settled the case today for DUI CHARGES DISMISSED: Case Reduced to Reckless Driving: 3 Years Probation, $2044 Fine, 18 Month DUI School & 4 Days SWAP.
San Mateo County Redwood City DUI .28% BAC First Offense FELONY DUI Hit and Run Injury Collision High BAC Enhancement
Practice Area: Redwood City FELONY DUI and DWI
Date: Sep 13, 2016
Outcome: FELONY AND INJURY CHARGES DISMISSED; REDUCED TO MISDEANOR
Description: Client arrested by CHP after being involved in a hit and run collision with injuries reported on Skyline Blvd. Client submitted to two breath tests with results of .28% BAC. Client charged with DUI with Injury Felony and hit and run. Today, we settled case very favorably for MISDEMEANOR DUI (non-injury) for 3 years of probation, fine of $1,939, 9 month DUI school (online) and two days of SWAP in lieu of jail. License suspended for ten months.
Marin County DUI .27% BAC 1st Offense DUI High BAC Enhancement
Practice Area: San Rafael DUI and DWI
Date: Sep 07, 2016
Outcome: ENHANCEMENT DISMISED, 3yr Probation, $1850, 3 AWOP
Description: Client stopped by CHP and later submitted to blood test with a heavy .27% BAC. Settled case today for dismissal of enhancement and three years of probation, fine of $1,850, 9 month DUI school and three actual days of AWOP in lieu of jail. Client's license suspended for 30 days followed by 9 months of restriction.
Marin County DUI .19% BAC First Offense DUI High BAC Enhancement
Practice Area: West Marin DUI and DWI
Date: Sep 07, 2016
Outcome: ENHANCEMENT DISMISSED & 3 MONTH DUI SCHOOL
Description :Client arrested by West Marin Police Department after being stopped from leaving an apartment parking lot. Complicating matters, client was under 21. Case resolved favorably today for dismissal of the high BAC enhancement and three years of informal court probation, fine of $1,850, 3 month DUI school and 3 actual days of AWOP in lieu of actual jail. License suspended for one year.
San Francisco DUI .15% BAC Third Offense DUI High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Aug 30, 2016
Outcome: Probation Granted: 3 Years, Fine of $1900, 18 Month DUI School, IID & 7 Days SWAP
Description: Client arrested by CHP after being observed speeding on Bay Bridge. Client submitted to PAS and breath test with all returning result of .15% BAC. Client had two prior DUI's, one over ten years old. Settled case today for Probation Granted: 3 Years, Fine of $1900, 18 Month DUI School, IID & 7 Days SWAP.
Marin County DUI First Offense DUI Prescription Drugs
Practice Area: Novato DUI and DWI
Date: Aug 22, 2016
Outcome: DUI CHARGES DISMISSED & REDUCED TO RECKLESS DRIVING. NO LICENSE SUSPENSION
Description: Client arrested by Novato Police Department after being observed driving erratically with a heavily damaged vehicle. Client submitted to blood test which came back positive for Ativan. Case settled today for reduction to reckless driving, two year probation, $900 fine and 12 hour DUI School. NO LICENSE SUSPENSION.
Alameda County Oakland DUI .09% BAC First Offense DUI
Practice Area: Oakland DUI and DWI
Date :Aug 18, 2016
Outcome: DUI CHARGES DISMISSED & REDUCED TO RECKLESS DRIVING: NO IID
Description: Client stopped by California Highway Patrol on I 880 for weaving. Client submitted to PAS test with .08% and .09% BAC results. After arrest, Client submitted to two breath tests with .09% and .09% BAC, respectively. Today, we settled the case without trial for a dismissal of DUI charges and plea to reduced charge of "reckless driving." Client sentenced to significantly reduced sentence of two years probation, fine of $960 and 12 hour DUI School. NO IGNITION INTERLOCK DEVICE REQUIRED ("IID"). Client's license likely to be suspended for four months by DMV.
Alameda County Oakland DUI .39% BAC First Offense DUI Collison High BAC Enhancement
Practice Area: Alameda DUI and DWI
Date: Aug 17, 2016
Outcome: ENHANCEMENT DISMISSED only 4 DAYS SWAP
Description: Client arrested for DUI by Alameda Police Department following a collision with a parked car. Blood test came back a remarkably high .39% BAC, one of the highest I've ever seen. Client took my suggestion early on to seek voluntary alcohol treatment, and today we settled the case quite favorably as a result. Client received minimal sentence of three years probation, fine of $2,224, 9 month DUI school and 4 actual days of SWAP in lieu of jail. License suspended for 30 days with Ignition Interlock Device restriction for 9 months.
Yolo County Woodland DUI .19% BAC First Offense DUI High BAC Enhancement
Practice Area: West Sacramento DUI and DWI
Date: Jul 27, 2016
Outcome: NO ACTUAL LICENSE SUSPENSION
Description: Client stopped by West Sacramento Police Department in DUI Checkpoint. PAS test revealed .17% and .18% BAC and subsequent breath test climbed to .18% and .19%, respectively. Client needed to keep his driver's license in order to stay employed, so I was extremely grateful to have WON A SET ASIDE AT DMV. As a result, client plead in his criminal case for 3 years probation, fine of $1900, 3 Month DUI school and 3 actual days of SWAP. NO LICENSE SUSPENSION, instead client obtained 'restricted license" for five months.
San Mateo County Redwood City DUI .16% BAC First Offense DUI High BAC Enhancement
Practice Area: Redwood City DUI and DWI
Date: Jul 19, 2016
Outcome: ENHANCEMENT DISMISSED & 3 MONTH DUI SCHOOL
Description: Client stopped by CHP for weaving. Client submits to PAS test with results of .15% and .16% BAC. Subsequent blood test comes in at .15%. Client charged with DUI and high BAC enhancement. Case settled today for minimum sentence.
San Francisco DUI .18% BAC Forced Blood Draw Refusal DUI Hit and Run Collision
Practice Area: San Francisco DUI and DWI
Date: Jul 18, 2016
Outcome: Enhancements Dismissed: 3 yrs Probation, $1900 fine, 3 Month DUI School & 3 SWAP
Description: Client strikes parked vehicle and is arrested by San Francisco Police Department who charged him with DUI and "hit and run." Client refuses any tests so officers get a warrant for his blood which came back at enhancement level of .18% BAC. Case settled today for minimum DUI sentence with all other charges and enhancements dismissed.
Santa Cruz DUI .20% BAC Second Offense DUI High BAC Enhancement
Practice Area: Scotts Valley DUI and DWI
Date: Jul 13, 2016
Outcome: Settled case today for Probation Granted, 3 Years, $2500 Fine & 17 Days SWAP
Description: Client arrested by Scotts Valley Police Department after being observed driving too slowly. PAS .20% BAC and Blood test of .20% BAC. Settled case today for Probation Granted, 3 Years, $2500 Fine & 17 Days SWAP.
Monterey County Salinas DUI .17% BAC Second Offense DUI High BAC Enhancement
Practice Area: Salinas DUI and DWI
Date: Jun 23, 2016
Outcome: Probation Granted: 5 years, 14 SWAP, 18 Month DUI School, 1 yr IID
Description: Client stopped for weaving by CHP. Breath test of .17% and a prior DUI 8 years ago. Settled case today after hounding the DA to finally give in and reduce the sentence by 10 days. Client sentenced to 5 years informal probation, Fine of $1,950, 18 month DUI school, 14 actual days SWAP (no jail) and 1 year of IID.
San Francisco DUI .38% BAC Second Offense DUI Collision High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Jun 22, 2016
Outcome: CASE DISMISSED
Description: Blood test of .38% BAC, but DA and CHP fail to file within one year statute of limitations. Case dismissed.
San Francisco DUI .12% BAC First Offense DUI
Practice Area: San Francisco DUI and DWI
Date: Jun 17, 2016
Outcome: ALL CHARGES DISMISSED
Description: Client fell asleep at wheel and crashed his car. Arrested by CHP and submitted to PAS of .11% and .12% BAC with later blood test of .12% BAC. ALL CHARGES DISMISSED
San Mateo County Redwood City DUI .17% BAC First Offense DUI High BAC Enhancement
Practice Area: Pacifica DUI and DWI
Date: Jun 16, 2016
Outcome :ENHANCEMENT DISMISSED & 3 MONTH DUI SCHOOL
Description: Near collision reported by third party. Pacifica P.D. administered breath tests of .15% and later blood test returned a .17% BAC. High BAC enhancement dismissed. Client sentenced to 3 years probation, Fine of $1949, 3 month DUI school and 2 days SWAP in lieu of jail. 30 Day license suspension followed by 5 months restriction.
San Mateo County Redwood City DUI .02% BAC DUI Probation Violation
Practice Area: Redwood City DUI and DWI
Date: Jun 14, 2016
Outcome: CASE DISMISSED
Description: Client stopped by CHP for speeding and while on probation for DUI. PAS test comes in at .02% resulting in criminal case which I appeared for today at trial. ALL CHARGES DISMISSED
Alameda County Oakland DUI .09% BAC First Offense DUI
Practice Area: Oakland DUI and DWI
Date: Jun 10, 2016
Outcome: CASE REDUCED TO "DRY" RECKLESS DRIVING WITH NO LICENSE SUSPENSION
Description: Client stopped by CHP for drifting and speeding on I 880. Client submitted to PAS test of .09% BAC and later Blood Test of .08% BAC. Today, we settled the case for a "DRY RECKLESS" misdemeanor for favorable reduced terms of: 2 years probation, fine $225, NO DUI SCHOOL. Moreover, we obtained "set aside" from DMV resulting in NO LICENSE SUSPENSION.
Sacramento DUI .19% BAC First Offense DUI DMV Hearing
Practice Area: Sacramento DUI and DWI
Date: Jun 08, 2016
Outcome: LICENSE SUSPENSION "SET ASIDE"
Description: DMV documents incorrectly completed. I objected to the documents and the DMV's belated request for a continuance of the hearing. RESULT: SUSPENSION "SET ASIDE"
Santa Clara County Palo Alto DUI First Offense DUI Refusal Enhancement
Practice Area: Palo Alto DUI and DWI
Date: Jun 06, 2016
Outcome: DUI CHARGES DISMISSED & CASE REDUCED TO RECKLESS DRIVING
Description: Client arrested by Santa Clara County Sheriff and subsequently refused all chemical tests. Settled case today for dismissal of DUI charge and refusal for plea to Reckless Driving and sentence of 3 years probation, fine of $1,900, 9 month DUI School and 300 hours of community service. DMV suspended clients drivers license for one year.
San Francisco DUI .24% BAC First Offense DUI Hit and Run Collision High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Jun 03, 2016
Outcome: ENHANCEMENT AND HIT & RUN DISMISSED 3 MONTH DUI SCHOOL
Description: Client collides with two vehicles and continues driving until stopped by San Francisco Police Department. Blood test .24% BAC. Client charged with high BAC DUI and two counts of "hit and run." Case settled for plea to DUI, enhancements and hit and run charges dismissed. 3 years court probation, $1918 fine, 3 MONTH DUI SCHOOL, 12 AA meetings and 8 days of SWAP. 30 day license suspension with 5 month restriction.
San Mateo County Redwood City DUI .11% BAC First Offense DUI
Practice Area: San Mateo DUI and DWI
Date: May 31, 2016
Outcome: DUI CHARGES DISMISSED: Case Reduced to Reckless Driving: 3 Years Probation, $1546 Fine & 12 Hour DUI School, NO SWAP
Description: Client stopped for speeding by CHP and submitted to breath test with results of .10% and .11% BAC. DUI CHARGES DISMISSED: Case Reduced to Reckless Driving: 3 Years Probation, $1546 Fine & 12 Hour DUI School, NO SWAP
Marin County DUI First Offense DUI Drugs
Practice Area: San Rafael DUI and DWI
Date: May 11, 2016
Outcome: DUI CHARGES DISMISSED & CASE REDUCED TO RECKLESS DRIVING
Description: Client was under 21 when arrested by CHP for DUI marijuana. Today, case was reduced to reckless driving with significant reduction in penalty: 3 years probation, fine of $900 and 12 hour DUI school. No license suspension is key, however, since he was looking at one year!
San Mateo County DUI .15% BAC Second Offense DUI Probation Violation
Practice Area: Pacifica DUI and DWI
Date: May 04, 2016
Outcome: Probation Granted: 4 Years, $1,949 Fine, 18 Month DUI School & 20 Days SWAP
Description: Pacifica Police arrest client for DUI after being observed driving with a headlight out. Client still on probation for San Mateo County DUI.
Oakland DMV .19% BAC First Offense DUI Under 21 Zero Tolerance Hearing
Practice Area: Oakland DUI and DWI
Date: May 03, 2016
Outcome: LICENSE SUSPENSION "SET ASIDE"
Description: Officer's failed to prove time of driving necessary for three hour presumption and as a result DMV license suspension "set aside."
San Francisco DUI .24% BAC First Offense DUI High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Apr 18, 2016
Outcome: ALL CHARGES DISMISSED
Description: Client arrested for DUI by CHP after he was discovered on the side of the road with a disabled vehicle. Blood test returned a result of .24% BAC.
San Mateo County Redwood City DUI .08% BAC First Offense DUI
Practice Area: San Mateo DUI and DWI
Date: Apr 18, 2016
Outcome: ALL CHARGES DISMISSED
Description: Client was arrested by San Mateo County Sheriff after being stopped for speeding. Client submitted to two PAS test of .07% BAC and later breath tests of .07% and .08% BAC. Client made the mistake of retaining a different DUI attorney who left him with the only option to plead to a "wet reckless." Client held a professional license making any misdemeanor conviction a potential problem so he then retained me for the jury trial. After two settings thereafter, the DA conceded that he would have a tough time sustaining his burden of proof and graciously dismissed all charges.
Alameda County Fremont DUI .13% BAC First Offense DUI
Practice Area: Fremont DUI and DWI
Date: Apr 06, 2016
Outcome: DUI CHARGES DISMISSED & CASE REDUCED TO RECKLESS DRIVING
Description: Client stopped by CHP for weaving. PAS test came in a .11% BAC and later breath test at .13% BAC. Settled case today for "reckless driving" thus avoiding the mandatory "IID"
San Mateo County Redwood City DUI Second Offense DUI Refusal
Practice Area: Pacifica DUI and DWI
Date: Mar 23, 2016
Outcome: Probation Granted: 3 years, $239, 18 Month DUI School; 29 Days SWAP
Description: Client stopped by Pacifica Police Department for speeding in excess of 30 mph over the limit and weaving. Client refused PAS and breath/blood tests, a fact that was further complicated by the client having been convicted of two prior DUI's, one of which was more than ten years old. So, this was technically his THIRD DUI. Settled the case today for modest punishment since the refusal and speed enhancements were dismissed. No IID ordered and client's fine heavily reduced.
San Francisco DUI .09% BAC First Offense DUI
Practice Area: San Francisco DUI and DWI
Date: Mar 02, 2016
Outcome: DUI CHARGES DISMISSED & CASE REDUCED TO PUBLIC INTOXICATION
Description: Client stopped at DUI checkpoint and arrested with .09% and .08% BAC breath tests. After many court appearances, we finally settled the case today for a plea to "public intoxication," per Penal Code Section 647(F). All DUI and driving offenses dismissed.
San Francisco DUI .10% BAC First Offense DUI
Practice Area: San Francisco DUI and DWI
Date: Feb 26, 2016
Outcome: DUI CHARGES DISMISSED & CASE REDUCED TO RECKLESS DRIVING
Description: Client arrested by CHP after speeding and weaving on the Bay Bridge and declining the PAS test. Later breath tests came in at .10% and .08% with an additional blood test reading .09% BAC, respectively. Over one year later, we finally resolved the case for a reduction to Reckless Driving for 18 Months Probation, reduced fine of $850, and a 12 hour DUI School.
Marin County DUI .16% BAC First Offense DUI High BAC Enhancement
Practice Area: Marin DUI and DWI
Date: Feb 25, 2016
Outcome: Probation Granted: 3 years, $1,733, Online DUI School 3 Months, NO SWAP
Description: Client arrested for DUI by Marin Police Department while visiting from the East Coast. Breath tests came in at .15% and .13 % for the PAS and .16% and .15% BAC at the station. Today, I settled the case for the client for minimum sentence of three years probation, fine of $1,733 and three month online DUI school. Client never had to appear in court.
Alameda County Oakland DUI Probation Violation
Practice Area: Oakland DUI and DWI
Date: Feb 24, 2016
Outcome: Probation Reinstated for Outpatient Alcohol Counseling
Description: Client arrested for 647(f), "public intoxication" but while still on DUI probation. New charges were dismissed, but DA filed probation violation which I resolved completely by client attending volunteer counseling.
San Mateo County Redwood City DUI .12% BAC First Offense DUI Forced Blood Refusal
Practice Area: Redwood City DUI and DWI
Date: Feb 19, 2016
Outcome: Refusal Dismissed: 3 yrs Probation, $1,963, 3 Month DUI School, 1 day SWAP
Description: Client arrested by CHP when found in driver's seat of disabled vehicle. Client refused all tests and officers obtained a warrant to take his blood which returned a .12% BAC result. Settled the case today after failed motion to suppress evidence hearing, for a dismissal of the refusal and three years probation, fine $1,963, three month DUI school and one day of SWAP.
Alameda County Oakland DUI First Offense DUI Drugs
Practice Area: Oakland DUI and DWI
Date: Feb 16, 2016
Outcome: ALL CHARGES DISMISSED & DMV "SET ASIDE"
Description: Client wrongly accused of being under influence of drugs while driving. DA agreed to dismiss all charges and client suffered no license suspension from DMV as a result.
San Mateo County Redwood City DUI .18% BAC First Offense DUI High BAC Enhancement
Practice Area: Redwood City DUI and DWI
Date: Feb 01, 2016
Outcome: ALL CHARGES DISMISSED
Description: Client arrested by CHP after 911 Call and submitted to PAS with result of .14% BAC and blood test of .18% BAC. ALL CHARGES DISMISSED.
Solano County Vallejo DUI .17% BAC First Offense DUI High BAC Enhancement
Practice Area: Vallejo DUI and DWI
Date: Jan 28, 2016
Outcome: ENHANCEMENT DISMISSED & 3 MONTH DUI SCHOOL & NO SWAP
Description: Client stopped by CHP after report of weaving by a third party. Breath tests return result of .16% BAC with a later blood test of .17% BAC. Settled the case today for excellent result of three years probation, fine of $1,900, 3 month DUI School and NO JAIL OR SWAP. ENHANCEMENT DISMISSED.
San Francisco DUI .17% BAC First Offense DUI Hit and Run Collision High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Jan 25, 2016
Outcome: Hit & Run Charges DISMISSED for DUI with NO SWAP
Description: Client arrested by San Francisco Police Department following tip that he had fled a collision with parked car. Along the way, he actually hit another parked car too. Client submitted to two PAS tests of .17% BAC and .16% BAC, respectively. Later blood test came in at .15% BAC. Client charged with DUI with high BAC enhancements and two counts of misdemeanor "hit and run." Settled case today for plea to DUI with all other charges dismissed. Client received three years probation, fine of about $1,900, 3 month DUI School and NO SWAP OR JAIL. License likely suspended for one year due to prior underage DUI.
San Francisco DUI .20% BAC First Offense DUI Collision High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Jan 08, 2016
Outcome: ALL CRIMINAL CHARGES DISMISSED
Description: Client was arrested by San Francisco Police Department in 2011 for DUI following a minor collision. No PAS test and only a blood rest of .20%BAC. District Attorney failed to file charges in time for arraignment and case went "pending." Apparently, the DA sought a warrant for client's arrest, but never told anyone. Client never knew so was shocked to find out about it four years later. After rejecting a DA offer to plead to a "wet" reckless for no probation and only a fine, we filed a motion to dismiss for speedy trial violation and today the Judge granted that motion dismissing all charges.
San Francisco DUI .16% BAC First Offense DUI Hit and Run Collision High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Jan 05, 2016
Outcome: ENHANCEMENT AND HIT & RUN DISMISSED
Description: Client arrested by SFPD after allegedly fleeing a collision with a parked car. Client submitted to PAS test of .14% and .13% BAC and later BREATH test of .15 and .16% thus qualifying him for a high BAC enhancement as well. Complicating matters further, clients' license was previously suspended so he was additionally charged with that misdemeanor as well. Today, we settled the case for a dismissal of all charges and enhancements with a plea to the DUI with minimal punishment of 3 years probation, fine of $1,900, 3 month DUI School and 3 days of SWAP in lieu of actual jail. License suspended for 30 days and restricted for 5 months.
Santa Clara County Palo Alto DUI .12% BAC First Offense DUI
Practice Area: Palo Alto DUI and DWI
Date: Dec 14, 2015
Outcome: DUI CHARGES DISMISSED & CASE REDUCED TO RECKLESS DRIVING
Description: Client stopped by CHP after nearly colliding with the patrol vehicle following a concert at Shoreline. PAS test came in a .12% BAC on both tests and later breath test a .10% BAC on both tests. After much effort, we convinced the DA to reduce the offense to reckless driving for two years probation, fine of $1,900, 3 month DUI School and 192 hours of community service.
Contra Costa County Richmond DUI .10% BAC Third Offense DUI Collison
Practice Area: Richmond DUI and DWI
Date: Dec 10, 2015
Outcome: NO ACTUAL JAIL: 180 DAYS RESIDENTIAL TREATMENT
Description: Client had two prior DUI convictions and multiple prior convictions for driving on suspended license. Client arrested for DUI by Hercules Police Department after totaling a car in a collision. Client was on DUI probation and did not have a valid license. Blood test came back .10% BAC. After months and months and multiple court appearances, I successfully resolved this case today for a NO ACTUAL JAIL resolution. Client sentenced to 5 years probation, fine of $1,900, 18 month DUI School and 180 days of residential treatment.
Alameda County Oakland DUI Probation Violation
Practice Area: Oakland DUI and DWI
Date: Dec 10, 2015
Outcome: Probation Reinstated for Outpatient Alcohol Counseling
Description: Client retained me for his DUI in 2014 and although he was a .12% BAC, I successfully obtained a reckless driving reduction. Client was subsequently arrested at a bar for public intoxication which resulted in a violation of his DUI probation. Today, I successfully settled the matter for an admission of a violation, reinstatement of his probation, and the only punishment being that he enroll in and complete an outpatient alcohol counseling program through his insurance carrier, a result which he gladly accepted.
Alameda County Oakland DUI .09% BAC First Offense DUI
Practice Area: Oakland DUI and DWI
Date: Dec 10, 2015
Outcome: DUI CHARGES DISMISSED: CASE REDUCED TO RECKLESS DRIVING: 2 Years Probation, $1000 fine and 12 Hour DUI School & NO LICENSE SUSPENSION
Description: Client was stopped by the California Highway Patrol for weaving and speeding. DUI investigation followed with PAS tests of .09% and .08% BAC. Client arrested for DUI and submitted to breath test with results of .09% and .09% BAC. Today we settled case for dismissal of DUI charges in exchange for plea to reckless driving. Client received two years of probation, fine of $1,000 and 12 hour DUI school. Client found "not guilty" of driving with BAC in excess of .08% so NO DMV SUSPENSION.
Alameda County Oakland DUI .13% BAC First Offense DUI Collision
Practice Area: Berkeley DUI and DWI
Date: Nov 17, 2015
Outcome: DUI CHARGES DISMISSED & CASE REDUCED TO RECKLESS DRIVING
Description: Client was a recent college graduate who totaled vehicle in Webster Tube. CHP investigation included .11% and .13% BAC on PAS device and .11% and .12% BAC on breath test. Instead of enhanced sentence for collision, we got the case reduced to Reckless Driving today to avoid the mandatory IID.
Santa Clara County Palo Alto DUI .17% BAC Second Offense DUI High BAC Enhancement
Practice Area: Palo Alto DUI and DWI
Date: Nov 16, 2015
Outcome: Probation Granted: 3 years, $1,950 fine, 18 month DUI School, 14 SWAP
Description: I'm not happy to be representing the same client twice, although I am flattered that he didn't hesitate to call me again. Settled a bad case today in Palo Alto where client was stopped by CHP for weaving and PAS test came in .17% BAC and Blood test at .17% BAC. Client had prior DUI that I got reduced to reckless driving in 2011. Settled case today for probation and no actual jail.
San Francisco DUI Second Offense DUI Refusal
Practice Area: San Francisco DUI and DWI
Date: Nov 12, 2015
Outcome: Probation Granted: 3 years, $2,000 fine, 18 Month DUI School, 4 SWAP
Description: Client arrested by CHP for second DUI. Allegedly refused test, so police got a warrant for blood draw which came in at .14% BAC. Settled the case today for three years formal probation, fine of about $2,000, 18 month DUI School and 4 days SWAP in lieu of jail. Two year license revocation.
Napa County DUI .13% BAC First Offense DUI Collision
Practice Area: Napa DUI and DWI
Date: Nov 10, 2015
Outcome: Probation Granted: 3 years, $2,500 fine, ONLINE DUI School & 16 Hours Comm. Service
Description: Client rear ended vehicle at stop sign. Napa Police Department investigated DUI and client submitted to PAS test with .13% BAC and later a blood test of .13% BAC. Since client was just visiting Napa from out of state, it was key that we settled the case for outcome that never required her to travel back to California. Today, I did just that and she was sentenced to three years probation, fines of about $2,500, 3 month DUI school (online OK) with 16 hours of volunteer work at non-profit in lieu of the mandatory jail or SWAP time.
Napa County DUI .25% BAC Second Offense DUI Collision High BAC Enhancement
Practice Area: Napa DUI and DWI
Date: Nov 10, 2015
Outcome: Probation Granted: 4 Years, Fine $3,500, 4 days SWAP, 1 year IID
Description: Client on DUI probation. Minor collision, PAS test .25% BAC and Blood .25% BAC. Got client into treatment and hopeful for long term recovery. Client sentenced today to 4 years formal probation, 1 year IID, 4 days of SWAP and fines of about $3,500.
Alameda County Hayward DUI .14% BAC First Offense DUI
Practice Area: Hayward DUI and DWI
Date: Nov 09, 2015
Outcome: DUI Charges DISMISSED. Case Resolved for Reckless Driving
Description: Client was stopped near Eden Canyon Road by the Dublin CHP for a welfare check since his vehicle was near the side of the road illegally parked. Officer made him submit to a PAS breath test with results of .11% and .11% BAC. Client was arrested for DUI and then opted for a blood test which came back .14% BAC. Client was in a bind since he couldn't take a DUI conviction which in Alameda County would have resulted in a mandatory ignition interlock device ("IID"). Gratefully, I was able to convince the DA to dismiss the DUI today in exchange for a plea to the lesser charge of reckless driving. Client sentenced to three years of court probation with a fine of $925, a three month DUI school and 50 hours of community service. A great result since without the DUI, client will not have to endure the stigma of the IID.
The San Mateo County Hall of Justice located at 400 County Center Drive in Redwood City, California.
Alameda County Hayward DUI .23% BAC First Offense DUI High BAC Enhancement
Practice Area: Hayward DUI and DWI
Date: Nov 09, 2015
Outcome: ENHANCEMENT DISMISSED: 3 Month DUI School and NO SWAP
Description: Client was stopped by the Castro Valley CHP for weaving and erratic speed. He submitted to two PAS breath tests of .23% and .21% BAC and was arrested for DUI. At the station, client again submitted to two breath tests with results of .20% and .19% BAC. Client was released when sober, but subsequently moved out of state before the criminal case could be resolved Today, I appeared on client's behalf and resolved the criminal case for a dismissal of the high BAC enhancement for minimum punishment of three years informal court probation, fine of $1,963 and three month DUI school which he will only need to complete if he moves back to California. Additionally, client required to complete 40 hours of community service in lieu of jail and his license was suspended for six months since he no longer lived here and thus could not get a "restricted' license.
Alameda County Oakland Illegal Left Turn Traffic Bench Trial
Practice Area: Oakland Criminal defense
Date: Nov 05, 2015
Outcome: CASE DISMISSED
Description: Although I really don't handle minor traffic infraction cases, this one was an exception and one I volunteered to handle "Pro Bono." Client and three sisters were stopped by a Berkeley Police Department officer who shamelessly cited them for an illegal left turn as they were turning into their church for Sunday services. Perhaps we had the Lord's blessing as I appeared today in Oakland and the case was dismissed!
San Mateo County Redwood City DUI .09% BAC First Offense DUI
Practice Area: San Bruno DUI and DWI
Date: Oct 23, 2015
Outcome: DUI CHARGES DISMISSED: CASE REDUCED TO RECKLESS DRIVING
Description: Client stopped by San Bruno Police Department for speeding. No PAS test, but police find both drugs and alcohol in the car. Client submits to BREATH test of .08 % and .09 % respectively. Case settled today for dismissal of DUI charges in exchange for plea to Reckless Driving. Client sentenced to 2 years of informal probation, fines of about $1,500 and a 12 hour DUI School. No jail or SWAP and we live to fight another day at the DMV.
San Mateo County Redwood City DUI .14% BAC First Offense DUI and Driving Without License
Practice Area: Redwood City DUI and DWI
Date: Oct 23, 2015
Outcome: Probation Granted: 3 years probation, fine $1,900, 3 Month DUI School, One DAY SWAP
Description: Client driving and stopped by CHP for speeding. No PAS test, but BLOOD came back .14% BAC. Settled case today for dismissal of 12500 CVC misdemeanor. Three years probation, fines of approximately $1,900, three month DUI school and one day of SWAP in lieu of jail.
Contra Costa County Pittsburg DUI .18% BAC Forced Blood Draw Second Offense DUI Refusal
Practice Area: Pittsburg DUI and DWI
Date: Oct 22, 2015
Outcome: Refusal DISMISSED & DEFEATED AT DMV
Description: Excellent result since we were able to beat the refusal at both DMV and the criminal court thus avoiding a harsh two year license suspension. Client admitted high BAC enhancement instead for 4 years court probation, fine of about $1,900, 18 month DUI School and 18 days of SWAP in lieu of jail. Client eligible for restricted license after 90 days suspension with installation of Ignition Interlock Device "IID".
Alameda County Pleasanton DUI .10% BAC First Offense DUI Speed Enhancement
Practice Area: Pleasanton DUI and DWI
Date: Oct 21, 2015
Outcome: DUI CHARGES DISMISSED & CASE REDUCED TO RECKLESS DRIVING
Description: Client stopped by CHP for speeding, 85 MPH and weaving. PAS test comes in at .11% and .11% BAC, respectively. Client submits to BREATH test at station with two results of .10% and .10% BAC. DA charged client with Reckless Driving Speed Enhancement, which is really the worst since it carries a mandatory 60 day jail sentence. Settled case today for dismissal of DUI and enhancement for plea to reduced charge of Reckless Driving. Three years probation, reduced fine of $925, NO JAIL or SWAP. license suspension for 30 days with five month work restriction.
San Francisco DUI .11% BAC First Offense DUI Collision Resisting Arrest
Practice Area: San Francisco DUI and DWI
Date: Oct 19, 2015
Outcome: DUI CHARGES DISMISSED & CASE REDUCED TO RECKLESS DRIVING
Description: Client crashed car near SF state. Minor injuries but client's blood came in .11% BAC and he was under 21. Complicating matters, client allegedly resisted arrest and assaulted one of the arresting officers of the San Francisco Police Department. Today, we settled the case for dismissal of the DUI, Assault and Resisting charges. An excellent result since client received three years probation, three month DUI school and NO SWAP or Jail and 40 hours volunteer work.
Marin County San Rafael Drunk in Public Misdemeanors Penal Code Section 647(f)
Practice Area: Novato Criminal defense
Date: Oct 16, 2015
Outcome: One Year Diversion, $250 Fine & BOTH Cases to be DISMISSED
Description: Client arrested for two different incidents of Public Intoxication (Penal Code Section 647(f)) by Novato Police Department. With my encouragement, client went to residential treatment for over seven months and we were able to use that to negotiate a "stay out of trouble" diversion for client for one year. All client has to do is avoid any arrests for one year and both cases will be fully dismissed.
Alameda County Oakland Solicitation of Prostitution Penal Code Section 647(b)
Practice Area: Oakland Criminal defense
Date: Oct 09, 2015
Outcome: CASE DISMISSED FOR LACK OF EVIDENCE
San Francisco DMV Negligent Operator Suspension Hearing
Practice Area: San Francisco DUI and DWI
Date: Oct 05, 2015
Outcome: PROBATION GRANTED; NO LICENSE SUSPENSION
Description: Client had .12% BAC DUI hit and run collision case in Hayward which I resolved earlier in the year for a reduction to "reckless driving" and subsequently avoiding the mandatory IID. Client picked up a speeding ticket thereafter, giving him a total of four points and opening him up to a potential 6 month DMV license suspension. Today, we appeared together and after considering the client's testimony and the oral argument I made on his behalf, the hearing officer agreed to place the client on DMV probation (no points for one year) instead of suspending his license. In other words, the best possible result for the client as we saved his license and livelihood.
Alameda County Fremont DUI .21% BAC First Offense DUI Speed Enhancement and High BAC Enhancement
Practice Area: Fremont DUI and DWI
Date: Sep 17, 2015
Outcome: ENHANCEMENT DISMISSED & 3 MONTH DUI SCHOOL
Description: Client stopped by CHP for speed in excess of 110 MPH. PAS test comes in at .17% and .16% BAC, but later blood test a .21% BAC. We retested blood which came back at .18% BAC.
Alameda County Fremont DUI .12% BAC First Offense DUI
Practice Area: Fremont DUI and DWI
Date: Sep 17, 2015
Outcome: DUI CHARGES DISMISSED & CASE REDUCED TO RECKLESS DRIVING
Description: Client arrested for DUI by CHP after being stopped for excessive speed (92 mph). No PAS test, but blood test came in at .12% BAC with a .11% BAC retest result. DUI dismissed for Reckless Driving with 20 hours of community service and 3 month DUI school. No IID and fine reduced by over $1,000.
Alameda County Oakland DUI .20% BAC Second Offense DUI High BAC Enhancement
Practice Area: Oakland DUI and DWI
Date: Sep 15, 2015
Outcome: Probation: 3 years, $1970 fine, 18 Month DUI School; 4 days SWAP
Description: Client arrested by Oakland P.D. after 911 call reported a weaving driver. PAS test of .23% BAC and subsequent Blood test of .20% BAC. Client had prior DUI conviction in 2009.
Alameda County Oakland DUI .19% BAC First Offense DUI High BAC Enhancement
Practice Area: Oakland DUI and DWI
Date: Sep 15, 2015
Outcome: ENHANCEMENT DISMISSED & 3 MONTH DUI SCHOOL & NO SWAP
Description: Client stopped by Albany Police Department for failing to drive on a green light. No PAS test but blood test came back .19% BAC.
San Francisco DUI .25% BAC Second Offense DUI Probation Violation High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Sep 14, 2015
Outcome: Adult Probation: 5 years; Fine $2,370; 18 month DUI School; 14 days SWAP & 1 year IID.
Description: Client arrested by San Francisco Police Department after being stopped for no license plate. PAS test of .25% and .24% BAC and station house breath test of .22% and .21% BAC. Client still on DUI probation for Alameda County prior. Client charged by DA for second DUI with multiple enhancements. Settled today for 5 years adult probation, fines of $2,370, 18 Month DUI School, 1 year IID and 14 actual SWAP days instead of jail. Likely one year probation violation of client's license from DMV.
San Francisco DUI .18% BAC Second Offense DUI High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Sep 11, 2015
Outcome: Probation Granted: 3 years, $2200 fine, 18 month DUI School, 4 SWAP, 1 year IID
Description: Client stopped for weaving and arrested for DUI by the CHP. Client previously convicted of DUI in San Mateo County in 2007. Breath test: .18% BAC, Blood Test .18% BAC. Case settled for minimum sentence of 3 years formal probation, fines of $2,220, 18 month DUI school, 1 year IID and only 4 actual days of SWAP in lieu of jail. License suspended for two years, but client can get a restricted license from DMV after 90 days actual suspension.
Contra Costa County Pittsburg DUI .12% BAC First Offense DUI
Practice Area: Pleasant Hill DUI and DWI
Date: Sep 10, 2015
Outcome: DUI CHARGES DISMISSED & CASE REDUCED TO RECKLESS DRIVING
Description: Client observed walking with unsteady gait after parking car and arrested for DUI by Pleasant Hill Police Department. Blood test of .12%. DUI dismissed today for Reckless Driving: 3 years probation, fine of $1,140 and 3 month DUI School. NO SWAP or jail.
San Francisco DUI First Offense DUI Drugs Xanax
Practice Area: San Francisco DUI and DWI
Date: Sep 09, 2015
Outcome: CASE REDUCED TO RECKLESS DRIVING WITH NO LICENSE SUSPENSION
Description: Client arrested by San Francisco Police Department and blood tested positive for marijuana and Xanax. Case reduced to reckless driving for 18 months probation, $843 fine and 12 hour DUI school. No SWAP, jail or community service and most importantly, NO LICENSE SUSPENSION.
Alameda County Pleasanton DUI.21% BAC First Offense DUI High BAC Enhancement
Practice Area: Pleasanton DUI and DWI
Date: Aug 27, 2015
Outcome: Enhancement Dismissed: 3 SWAP, 6 Month School, $1,964 fine
Description: Client stopped by Pleasanton Police Department after 911 report of reckless driving. PAS test of .21% BAC and breath tests of .20% and .21% BAC. Client accepted offer of three years probation, fine of $1,964, three actual days of SWAP and six month DUI School. Client's license suspended for 30 actual days and IID required for restricted license.
Alameda County Pleasanton DUI .14% BAC Second Offense DUI Collision
Practice Area: Pleasanton DUI and DWI
Date: Aug 27, 2015
Outcome: Probation: 3 years; Fine $1,964; 3 month DUI School; and 2 SWAP
Description: Settled case as minimum sentence first offense DUI today. Client rear-ended vehicle, submitted to blood test of .14% BAC and was arrested for DUI by the Pleasanton Police Department.
Alameda County Pleasanton DUI .17% BAC First Offense DUI High BAC Enhancement
Practice Area: Dublin DUI and DWI
Date: Aug 27, 2015
Outcome: ENHANCEMENT DISMISSED & 3 MONTH DUI SCHOOL
Description: Client arrested by Dublin Police Department after he was observed weaving. PAS test of .14% BAC with Blood test of .17% BAC. Client sentenced to three years probation, fine of $1,964, three month DUI School and two days of SWAP in lieu of jail. License suspended for thirty actual days with five months restriction with SR22 and IID.
Alameda County Hayward DUI .16% BAC First Offense DUI Collision High BAC Enhancement
Practice Area: Hayward DUI and DWI
Date: Aug 26, 2015
Outcome: Probation Granted: 3 years, $1,963 Fine, 20 hours Volunteer Work
Description: Property damage only collision for visiting out of state client. PAS and Blood both .16%. Vehicle totaled. No real DUI school needed.
Santa Clara County Palo Alto DUI .11% BAC First Offense DUI Hit & Run Collision
Practice Area: Palo Alto DUI and DWI
Date: Aug 26, 2015
Outcome: DUI & Hit & Run Charges Dismissed: Case Reduced Reckless Driving
Description: Minor hit and run collision. PAS: .10% and .11%; BREATH: .08%, .08%. 3 years probation; $2,200 fine, 3 month DUI School, 19 days community service, 30 days license suspension and five months restriction.
San Francisco DUI .21% BAC Third Offense DUI High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Aug 18, 2015
Outcome: Probation Granted: 5 years, NO ACTUAL JAIL!, 18 Month DUI School, 2 Yr IID
Description: Client picked up third DUI when arrested by CHP after "weaving". PAS test of .21% BAC with later Breath Tests of .17% and .16%. After nearly a year, we settled the case today with a plea "open" where the client received NO ACTUAL JAIL, but instead completed a six month residential treatment program that allowed him to keep his job and continue to support his wife and two children. Awesome result! 5 years formal probation, fines of $2,200, 18 month DUI School, 120 days jail (credit for residential program) and two year IID. License revoked for 3 years.
San Mateo County Redwood City DUI .25% BAC Second Offense DUI High BAC Enhancement
Practice Area: Redwood City DUI and DWI
Date: Aug 05, 2015
Outcome: Probation Granted: 3 Years, 20 SWAP, 18 Month DUI School & fine of $2,051
Description: Client stopped for weaving, submitted to blood test with .25% BAC result. Charged with 2nd offense DUI. Settled today for 3 years probation, 20 days SWAP in lieu of jail, 18 month DUI school and fine of $2,051.
San Francisco DUI .10% BAC First Offense DUI
Practice Area: San Francisco DUI and DWI
Date: Jul 20, 2015
Outcome: DUI CHARGES DISMISSED & CASE REDUCED TO RECKLESS DRIVING
Description: Stopped by SF State Police and arrested for DUI for rolling a stop sign, client submitted to two PAS tests of .10% BAC and then two breath tests of .09% BAC. Client sentenced to 18 months probation, fine of $887, and 12 hour DUI School. License suspended for 4 months.
Alameda County Oakland DUI .13% BAC First Offense DUI
Practice Area: Berkeley DUI and DWI
Date: Jul 10, 2015
Outcome: DUI CHARGES DISMISSED & CASE REDUCED TO RECKLESS DRIVING
Description: Client arrested by Berkeley P.D. and submitted to two PAS tests of .11% & .12% BAC. Client arrested for DUI and submits to two breath tests of .10% BAC. Client then submits to blood test which came in a .13% BAC, which we retested to get to a .11% BAC. Thankfully, we got the case reduced to Reckless Driving today to avoid the IID and a Mandatory license suspension.
Alameda County Oakland DUI .14% BAC First Offense DUI Collision
Practice Area: Oakland DUI and DWI
Date: Jul 10, 2015
Outcome: Probation Granted: 3 years; $1,964, 3 Month DUI School & 1 day SWAP
Description: Excellent result today: three years probation, fine of $1,964, three month DUI School and only 1 day of SWAP in lieu of jail. License suspended for thirty days followed by five month restriction with SR 22 and Ignition Interlock Device.
Contra Costa County Pittsburg DUI .19% BAC First Offense DUI High BAC Enhancement
Practice Area: Pittsburg DUI and DWI
Date: Jul 09, 2015
Outcome: HIGH BAC ENHANCEMENT DISMISSED
Description: Client's High BAC enhancement was dismissed, but couldn't prevent DUI conviction with three years of probation, fines of approximately $1,900, a six month DUI School, and one day of actual SWAP in lieu of jail.
Alameda County Oakland DUI .11% BAC Second Offense DUI
Practice Area: Oakland DUI and DWI
Date: Jul 07, 2015
Outcome: CASE DISMISSED & DMV "SET ASIDE"
Description: Client submitted to two PAS tests with result of .11% BAC and then two .08% BAC breath tests at the station after being arrested by the CHP for DUI and stopped for an illegal turn. Criminal case DISMISSED and won "SET ASIDE" at DMV. NO license suspension or conviction!
Oakland DMV Hearing 1st Offense DUI Refusal
Practice Area: Oakland DUI and DWI
Date: Jun 30, 2015
Outcome: SET ASIDE OF 1 YEAR LICENSE SUSPENSION
Description: Criminal case settled for wet reckless and today we won the DMV hearing meaning no one year license suspension, no SR 22 and in reality, no DUI school.
Alameda County Pleasanton DUI .12% BAC First Offense DUI Child Endangerment
Practice Area: Pleasanton DUI and DWI
Date: Jun 18, 2015
Outcome: Probation Granted, 3 yrs, Fine $1,800 & 3 Month DUI School; NO SWAP
Description: Client arrested for DUI by Pleasanton Police after being dropping off children at school. Blood test .12% BAC and client charged with child endangerment which would later be dismissed.
Marin County DUI .11% BAC First Offense DUI
Practice Area: San Rafael DUI and DWI
Date: Jun 16, 2015
Outcome: Probation Granted, 3 yrs, Fine $1,800 & 3 Month DUI School; NO SWAP
Description: Client was visiting from Southern California when he was stopped by the United States Park Police for speeding and submitted to a PAS breath test which returned two .11% BAC results. Client was arrested for DUI and two subsequent breath tests with .09% BAC on both tests. Today, I finally settled this case for a "credit for time served ("CTS") DUI". Client placed on three years informal probation, fine of $1,800, three month DUI School and NO additional jail or SWAP. Client, who resides in Los Angeles, never had to go to court as I was able to do everything for him.
Alameda County Oakland DUI First Offense DUI REFUSAL
Practice Area: Oakland DUI and DWI
Date: Jun 12, 2015
Outcome: DUI CHARGES & REFUSAL DISMISSED FOR "DRY" RECKLESS DRIVING
Description: Client actually had 13 year old prior DUI offense. Case settled today for DRY RECKLESS: for 2 years probation, fine of $533, NO DUI SCHOOL, NO SWAP, NO IID. Would later win the DMV hearing for NO LICENSE SUSPENSION.
Alameda County Fremont DUI .09% BAC First Offense DUI
Practice Area: Dublin DUI and DWI
Date: Jun 02, 2015
Outcome: CASE DISMISSED
Description: Client stopped by CHP for speeding, submitted to breath test. DA would dismiss case due to the low BAC and good field sobriety tests.
Alameda County Oakland DUI .13% BAC Second Offense DUI
Practice Area: Emeryville DUI and DWI
Date: May 29, 2015
Outcome: DUI Dismissed for Reckless Driving: 3 yr Probation, $1973 fine, NO DUI SCHOOL & NO SWAP
Description: Client stopped for weaving by Emeryville P.D. Preliminary breath test of .13% BAC with evidential breath test of .12% BAC. Client had prior DUI conviction from Santa Clara County in 2007.
San Francisco DUI .29% BAC Third Offense DUI Collision Probation Violation High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: May 28, 2015
Outcome: 5 Years Probation, Fine $2,200, 18 Month DUI School & 120 days Residential Treatment, NO ACTUAL JAIL
Description: Client had three DUI cases in three years. This one involved a collision and client was on probation for DUI and didn't have valid license. I settled all cases for not one day in jail.
Alameda County Pleasanton DUI .21% BAC First Offense Collision FELONY Child Endangerment
Practice Area: Dublin DUI and DWI
Date: May 12, 2015
Outcome: Child Endangerment & High BAC Enhancement Dismissed
Description: Client received three years informal court probation, fine of $1,973, 9 Month DUI School and 10 days of SWAP with a one year ignition interlock device requirement and 10 parenting classes. Considering case started as felony child endangerment and that all charges related to potential child abuse were dismissed, this was an excellent negotiated result in Department 704.
Alameda County Oakland DUI .09% BAC First Offense DUI
Practice Area: Oakland DUI and DWI
Date: May 07, 2015
Outcome: DUI Charges Dismissed for DRY RECKLESS NO SUSPENSION, NO DUI SCHOOL, NO SR 22 & IID
Description: Oakland PD stopped client for speeding. PAS .09% BAC followed by .08% BAC breath test.
Santa Clara County Palo Alto FELONY Drug Possession
Practice Area: Mountain View Felony Criminal defense
Date: May 06, 2015
Outcome: Charges Dismissed for 30 Hours of Community Service
Description: Client attended a concert at Shoreline and was rousted by the Mountain View Police Department for public urination and a search discovered two hits of MDMA. Client initially charged with felony possession then reduced to misdemeanor. Although DA offered drug diversion, we pushed for better and they offered to dismiss all charges so long as he completed 30 hours of community service, which he did and today all charges were dismissed.
Marin County DUI .14% BAC First Offense DUI
Practice Area: San Rafael DUI and DWI
Date: May 05, 2015
Outcome: Probation Granted: 3 years, $1,850 fine, 3 Month DUI School
Description: Settled DUI case today for reasonable sentence.
Marin County DUI .09% BAC First Offense DUI
Practice Area: San Rafael DUI and DWI
Date: May 05, 2015
Outcome: Probation Granted: 3 years, $1,850 fine, 3 Month DUI School
Description: Marin County did not offer a wet reckless settlement option at this time. As a result, client accepted no jail/community service offer to settle DUI rather than go to trial.
Marin County DUI .12% BAC First Offense DUI
Practice Area: Fairfax DUI and DWI
Date: May 05, 2015
Outcome: Probation Granted: 3 years, $1,780 fine, 3 Month DUI School & NO JAIL OR SWAP
Description: Fairfax PD stopped for tailgating, .11 % & .14% PAS Test with .12% Blood test which came back .12% BAC on retest of blood.
Contra Costa County Martinez DUI .16% BAC First Offense DUI Collision High BAC Enhancement
Practice Area: Martinez DUI and DWI
Date: May 01, 2015
Outcome: Probation Granted: 3 years, $2,000, 3 Month DUI School, 5 SWAP
Description: A reasonable settlement for high BAC collision case. enhancements were dismissed and client received minimum sentence.
Contra Costa County Pittsburg DUI .17% BAC First Offense DUI High BAC Enhancement
Practice Area: Pittsburg DUI and DWI
Date: Apr 30, 2015
Outcome: ENHANCEMENT DISMISSED: 3 Years Probation, 3 Month DUI School & 1 SWAP
Description:(A great result for a high BAC case in Pittsburg.
San Francisco DUI .24% BAC Second Offense DUI Collision High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Apr 16, 2015
Outcome: Probation Granted: 5 years, 18 month DUI School, 1 year IID and 11 SWAP
Description: This was a great result for a serious DUI case. No jail on 2nd offense DUI is a great result especially with a collision. High BAC enhancement also dismissed, but five years formal probation which was standard at the time in SF.
San Mateo County Redwood City DUI .10% BAC First Offense DUI
Practice Area: Redwood City DUI and DWI
Date: Apr 10, 2015
Outcome: Probation Granted: 3 years, $1,850 fine, 3 Month DUI School
Description: This was a really tough result since the DA refused to reduce DUI to wet reckless. This is the BAC in San Mateo County where it can sometimes be difficult to get a reduction.
San Francisco DUI .20% BAC First Offense DUI High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Apr 07, 2015
Outcome: ENHANCEMENT DISMISSED & 3 MONTH DUI SCHOOL
Description: Early resolution pays in this San Francisco DUI case. Although District Attorney wanted the 9 month DUI school, I was able to settle the case for just the 3 month DUI School which saved the client about $2,000 and six extra months of license suspension & attendance in a DUI school. Client only ended up with three days of SWAP in lieu of jail. Great deal for a high BAC case.
Marin County San Rafael DUI .18% BAC First Offense DUI Collision High BAC Enhancement
Practice Area: San Rafael DUI and DWI
Date: Apr 01, 2015
Outcome: ENHANCEMENT DISMISSED & 3 MONTH DUI SCHOOL & NO SWAP
Description: This was a great result. Marin County at the time would not do a wet reckless for ANY DUI, but if you could get a high BAC enhancement dismissed, you could resolve an aggravated case for the same sentence of what would be a wet reckless in most other counties and that's exactly what we did here.
Alameda County Hayward DUI .12% BAC First Offense DUI Hit and Run Collision
Practice Area: Hayward DUI and DWI
Date: Mar 18, 2015
Outcome: DUI Dismissed & Case Reduced to Reckless Driving (NO IID!)
Description: The Hit and Run charges were also dismissed.
Solano County Fairfield DUI .19% BAC First Offense DUI High BAC Enhancement
Practice Area: Fairfield DUI and DWI
Date: Feb 26, 2015
Outcome: ENHANCEMENT DISMISSED: 3 Years Probation, 3 Month DUI School & NO SWAP
Description: This was an unfortunate case where I worked tirelessly to get my client out of a DUI but in the end was unable to do so. Client was observed driving by an independent witness who followed him until he pulled over and ultimately went to sleep. The Fairfield Police eventually arrived and conducted a DUI investigation which included a breath test with result of .19% BAC. My client was a father of three kids and the sole provider for his family and desperately needed a reduction to save his job. I appeared many times to try to get this done, but after a year of court appearances, finally settled the case today for an otherwise good result. Client received three years of informal court probation, paid a fine of approximately $1,900 and completed a three month DUI School. Client didn't get any jail, SWAP or community service, but did suffer a license suspension of thirty days followed by five months of restriction. I sincerely hope that this DUI client does not lose his job as this would be an unintended consequence of DUI which could put a family on the welfare rolls.
Alameda County Pleasanton DUI .16% BAC First Offense DUI High BAC Enhancement
Practice Area: Dublin DUI and DWI
Date: Feb 20, 2015
Outcome: DUI CHARGES DISMISSED & Case Reduced to Reckless Driving: 3 Years Probation, 14 Days SWAP, 3 Month DUI School and $1,973 Fine
Description: Client initially hired another DUI attorney who failed at getting a reckless driving reduction. I took over the case and did it within a month.
Marin County San Rafael DUI .22% BAC First Offense DUI High BAC Enhancement
Practice Area: Novato DUI and DWI
Date: Jan 23, 2015
Outcome: ENHANCEMENT DISMISSED: 3 Years Probation, 3 Month DUI School & NO SWAP
Description: I often hear people arrested for DUI say that "I'm guilty. What do I need a lawyer for?" This Marin County case highlights what a good DUI attorney can do for you. Client was arrested by the CHP after being stopped for weaving. Client, had actually slept most of the night following the Outside Lands Festival in San Francisco, but nevertheless, was required to submit to two breath tests which came in a whopping .22% and .21% BAC. After arrest, client submitted to a blood test which came back at .20%. The District Attorney wanted the level two, 9 month DUI school as part of any plea deal, but this school costs an additional $1,500 and creates a ten month license suspension and/or restriction. Even though the District Attorney's request was just, I was able to negotiate a better resolution wherein the client would instead attend two AA meetings on his own schedule, a week for six months. AA meetings are free, by the way. Otherwise, this case resolved for the minimum sentence in Marin County of three years of probation, fines of $1,900, a THREE MONTH DUI SCHOOL AND NO JAIL, SWAP OR COMMUNITY SERVICE. Through some good work, I was able to get around the mandatory license suspension so client transitioned into a "restricted" license for five months. While clearly guilty of DUI, the client's DUI lawyer was able to save him thousands of dollars, hours of his life and an additional five months of license suspension on what looked at first as a hopeless case.
Alameda County Oakland DUI .24% BAC First Offense DUI High BAC Enhancement
Practice Area: Oakland DUI and DWI
Date: Jan 22, 2015
Outcome: ENHANCEMENT DISMISSED & 3 MONTH DUI SCHOOL
Description: This was my second case of the morning here in Oakland and it actually ended up quite well for this client who was stopped by the CHP for speeding on his way home to Contra Costa County. Client failed field sobriety tests and was arrested for DUI. Complicating matters, client was found to be in possession of a small amount of cocaine in his pocket. Client later submits to a breath test with a result of .24% BAC. Charged with a DUI, client was looking at a 9 month DUI school and a lengthy jail sentence to boot. Well, today I settled this case for a good guy for three years of probation, fine of $1,970, only one day of SWAP and importantly only a THREE MONTH DUI SCHOOL. Client will still suffer a thirty day license suspension and need an IID to reinstate his license. You can't win them all...
Alameda County Oakland DUI .12% BAC Second Offense DUI
Practice Area: Oakland DUI and DWI
Date: Jan 22, 2015
Outcome: DUI DISMISSED & NO LICENSE SUSPENSION
Description: This case was a tough one. Client was stopped for speeding on his way home from a baby shower. Client submitted to two PAS breath tests with results of .10 and .11 BAC and then was arrested for DUI. While at the station, two more breath tests were obtained with results of .11 and .12% BAC. Complicating matters, this was client's second DUI offense meaning that he was looking at a minimum of 90 days suspension, which would have been a tremendous hardship since he was self employed and needed his license desperately. I appeared on this case several times but only today was I able to get the result that this client needed. Today, the District Attorney agreed to reduce the DUI to reckless driving for a highly reduced sentence of two years of probation, fine of $1,033 and an 18 month DUI School. I obtained an "acquittal" on the charge of driving with a BAC in excess of .08% resulting in NO LICENSE SUSPENSION! A remarkable result for a client who well......he can be the judge of whether or not he actually deserved it....
Alameda County Oakland DUI First Offense DUI REFUSAL
Practice Area: DUI and DWI
Date: Jan 14, 2015
Outcome: DUI CHARGES & REFUSAL DISMISSED FOR RECKLESS DRIVING
Description: A driver in California has already consented to a chemical test by the very act of driving. For this reason, both the courts and the DMV take a very harsh approach to so called "refusal" cases. So often, however, these cases are either a misunderstanding caused by a failure to explain by the officer, or even worse, the officer just losing his patience and "writing it up as a refusal." This was another case of a questionable "refusal" where the client as found passed out in her vehicle at a fast food restaurant in Berkeley. Although client had cooperated fully with officers, including field sobriety tests and answering all of their questions, the officer's "wrote it up as a refusal" because the client had asked too many questions. Isn't it so much easier that way? Well, it would be only if somehow the officers had the TECHNOLOGY to somehow MAKE AN AUDIO RECORDING of the alleged explanation of the officer and the subsequent refusal.....maybe someday. In the meantime, we have to just deal with "take my word for it" from a cop. Gratefully, the District Attorney made an honest evaluation of the merits of this case and it's "provability" and agreed to make an offer that my client couldn't refuse. The DUI and refusal charges were DISMISSED. Client accepted a minimum sentence for Reckless Driving which entailed two years of informal probation, fine of $1,033 and a 12 hour DUI School. No jail or SWAP but we've got our work cut out for us at the DMV hearing where the client faces a full one year license suspension with NO restricted license. I'll update then....
Alameda County Fremont DUI .13% BAC First Offense DUI
Practice Area: Dublin DUI and DWI
Date: Jan 08, 2015
Outcome: DUI CHARGES DISMISSED & CASE REDUCED TO RECKLESS DRIVING
Description: Well, this one wasn't easy, but I guess that what made it so much sweeter. Client was visiting the Bay Area from Los Angeles when he was pulled over for speeding, 80 mph in a 65 mph zone. Client was cooperative with the CHP, but his PAS breath test came in a .12% and .13%. Arrested for DUI, client opted for a blood test which unfortunately came back a .13% BAC. Fremont, of course, is in Alameda County, and Alameda County is the one place in the Bay Area where if you are convicted of DUI in court, you will be required to have an Ignition Interlock Device or "IID" breathalyzer installed in your car for AT LEAST five months. Client couldn't accept this resolution and even worse, a .13% BAC case in Fremont is almost always a DUI conviction. Well...almost always. Today, I had to pull out all the stops to convince a most thoughtful District Attorney to relent and dismiss the DUI charges in exchange for a settlement on Reckless Driving. As a result, the client successfully avoided the mandatory IID requirement and received the following sentence of three years court probation, fine of $1,974, a three month DUI School (in Los Angeles) and only one day of community service through the sheriff's work alternative program or "SWAP". Client will still likely lose his license for at least thirty days followed by a work driving restriction for five months. This one really felt good.....I got the DA to stretch and the client was able to resolve his DUI case freeing up the court to focus on even more dangerous criminals. All in half a morning's work!
San Francisco DUI .10% BAC First Offense DUI
Practice Area: San Francisco DUI and DWI
Date: Jan 07, 2015
Outcome: DUI DISMISSED. CASE REDUCED TO RECKLESS DRIVING
Description: Unbelievably, today I was able to settle my 4th straight DUI case in San Francisco for the New Year. Client was stopped by the CHP for making a turn on to a one-way street in the City's South of Market Area. Although client had consumed some alcohol, he was confused late in the evening with the one-way street grid, a common mistake for an out of towner. In either event, client cooperated with the DUI investigation and eventually submitted to two breath tests which returned results of .10% BAC. Client was then arrested and charged with DUI. Today was the first Pre-Trial Conference for this case in Department 17. The Pre-Trial Conference is usually the first hearing that gets scheduled after the arraignment in a DUI case. Ideally, it's our first opportunity to meet with the District Attorney and to discuss potential settlement of the case. When a client want to accept responsibility for his or her DUI case, this Pre-Trial Conference is the first opportunity to do so and the client should be awarded with the best possible settlement offer. Well, today, the offer of the District Attorney was reasonable and the client accepted it. The DUI charges were dismissed and the District Attorney reduced the offense to "reckless driving." Client received the lowest possible sentence of 18 months of probation, fine of about $800 and completion of a three month DUI School. Client is likely looking at a license suspension of thirty days but can get a restricted work license which will last for five months. Considering that this case could have been a lot worse, the result was acceptable and I'm grateful to have had the opportunity to help this person overcome their DUI in court.
San Francisco DUI .19% BAC First Offense DUI Collision High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Jan 06, 2015
Outcome: ENHANCEMENT DISMISSED. 3 Yrs Probation, $1850 fine, 3 Month DUI School & 3 SWAP
Description: A DUI case in San Francisco County is anything but easy. In fact, settling DUI cases for the best results in San Francisco is harder than any county in the Bay Area. This case was a good example. Client, a 22 year old recent college graduate who's been working two jobs while trying to figure things out, gets uncharacteristically intoxicated and falls asleep at the wheel. Although the vehicle is totaled, the client is uninjured. Nevertheless, a blood test returned a BAC result of .19% which qualified him for many excessive BAC penalties. In spite of all this, the case was client's first and only criminal offense and probably his first and last DUI since spending the night in the San Francisco jail taught him a valuable lesson. Thankfully, the District Attorney recognized this person's early acceptance of responsibility and he received a minimal sentence of three years informal court probation, fine of $1,850, three month DUI School and three days of SWAP in lieu of jail. Client elected for six month license suspension over getting a restricted license. This was a good result, but more than that, it was a fair one for a tough DUI case like this.
San Francisco DUI .16% BAC First Offense DUI High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Jan 06, 2015
Outcome: ENHANCEMENT DISMISSED & 3 MONTH DUI SCHOOL & NO SWAP
Description: Freshly back from winter vacation, I was hopeful to help some client's get resolution of their DUI case early in the New Year so they too could start things off right. Today, the District Attorney was more that willing to oblige my client's who were willing to accept responsibility for their mistakes. Case in Point: This client was arrested by the San Francisco Police Department for driving late at night on a scooter with expired registration tags. After inconclusive field sobriety tests, the client submitted to a breath test with a result of .16% BAC, which by the way, qualified him for the "excessive BAC" DUI enhancement. Although it would have been nice to stretch for a reckless driving deal in the case, the client was contented by a bare minimum DUI sentence of three years informal court probation, fine of $1,850, a three month DUI School and NO additional jail, SWAP or community service. Client's license ultimately will be suspended by the DMV for six months since he won't be applying for a restricted license. At the end of the day, this was a pretty good result considering that San Francisco DUI offers have been consistently going up over the past year.
Alameda County Oakland DUI .15% BAC First Offense DUI Collision High BAC Enhancement
Practice Area: Oakland DUI and DWI
Date: Jul 11, 2014
Outcome: Probation Granted: 3 years, 3 Month DUI School, 172 hours Community Service & $281 Fine
Description: I always say first offense DUI cases come in all different shapes and colors, but are in reality, the same mistake. Take the case of this client, for example. Client was under 21 and went to a dinner party where she drank a fair amount of wine. Client didn't have much experience drinking, much less driving, and no one thought to get her a ride home. Instead, client attempted to drive home but got lost and then confused ending up in a ditch after a solo vehicle collision. Thankfully, no one was injured but when the CHP arrived, the DUI investigation began. Ultimately, client submitted to two PAS breath tests with results of .14 and .15% and she was arrested. Client then submitted to two "evidential" breath tests which had identical results. Although this client had made a terrible mistake, she now faced a criminal prosecution in court and it's an unwritten fact that the district attorney's like to enhance the punishment for any DUI related collision case. Nevertheless, we presented our best to the prosecutor who graciously allowed us to resolve the DUI case for BELOW the minimum sentence possible. Client was convicted of DUI and received three years informal court probation, a 3 month DUI School; reduced fine of $281; 172 hours Community Service and NO additional jail or SWAP. As client was under 21 at the time of the DUI arrest, her license was suspended by DMV for one full year with no restriction. Like most DUI's, this was a stupid mistake, but I'm confident that this client learned her lesson and will never get a DUI again.
Alameda County Oakland DUI .11% BAC First Offense DUI
Practice Area: Oakland DUI and DWI
Date: Jun 20, 2014
Outcome: DUI Charges Dismissed: Case Settled for Reckless Driving
Description: This case had a lot more at stake than you'd think with a first offense DUI. Client was from Nepal and living in the United States illegally while seeking political asylum. Regrettably, he was pulled over by the CHP for speeding and determined to be DUI after his Field Sobriety Tests and a PAS breath test of .12% BAC. A subsequent blood test only confirmed the fact and returned a .11% BAC. All DUI convictions in California have a mandatory 48 hour minimum sentence. Although this sentence is usually served through the Sheriff's Work Alternative Program or "SWAP", that program requires booking and being illegal, this client faced a potential ICE hold and even deportation back to Nepal. With the pressure on, we needed to get this case reduced, not just to save the client punishment and money, but to avoid the mandatory minimum sentencing that flows from a DUI conviction. Gratefully, I was able to settle this case today in Oakland for a dismissal of the DUI charges in exchange for a plea to the reduced charge of reckless driving ("wet" reckless). Client received a substantially reduced sentence of two years of informal court probation, a fine of $1,033 (about half the normal DUI fine), a 12 hour DUI School (again about half the length and cost of the regular DUI School) and most importantly NO jail or SWAP. Since we avoided the DUI conviction in Alameda County we also avoided the mandatory Ignition Interlock Device ("IID") requirement that comes with all DUI convictions in Oakland. At the end of the day, we saved the client thousands of dollars, a hefty punishment and avoided the risk that he would be deported back to Nepal. All in a days work!
The Alameda County Superior Court located at 5151 Gleason Drive in Dublin, CA.
Alameda County Fremont DUI .16% BAC First Offense DUI High BAC Enhancement
Practice Area: Fremont DUI and DWI
Date: Jun 19, 2014
Outcome: DUI Charges Dismissed: Case Settled for Reckless Driving
Description: This case involved a registered nurse who went out with friends and unusual for him, drank a lot of alcohol and attempted to drive home to Fremont. While driving home, client was stopped by the CHP for driving erratically. Client performed poorly on field sobriety tests and was ultimately arrested for DUI. After his arrest, client submitted to a breath test which showed a BAC of .16%. I initially appeared for client's arraignment, but the DA had yet to file charges, which is pretty common in Fremont these days. After several months, the client lost his license by way of the DMV hearing which occurred well before the criminal case. Client enrolled in the DUI School to get his restricted license and nearly completed it along with over sixty AA meetings before the District Attorney finally got around to charging his case. As a registered nurse and the sole breadwinner for his family, it was critical that we minimize the impact of this DUI case which he was going to have to report to the Board of Registered Nursing ("BRN"). Although things looked bleak initially, I took the extra time at the Pre-Trial Conference to ask the District Attorney every which way I could to reduce the offense. Finally, the District Attorney relented and agreed to dismiss the DUI charges for a plea to reckless driving ("wet reckless"). The DUI charges and enhancement were dismissed and the client enthusiastically accepted the offer which included the following sentence of three years informal court probation, a fine of approximately $2,000, a three month DUI School, and one day of SWAP (community service) in lieu of actual jail time. Since the case was reduced, client was NOT required to install an ignition interlock device ("IID") as is required for all DUI convictions in Alameda County. Honestly, I was even surprised by the result in this case, but in the end it proved the point that I've always made which is that you can't get anything unless you ask for it! Client's license was suspended for thirty days and subsequently restricted for work purposes for five months. Client was truly sorry for his DUI arrest and I'm confident that I won't hear back from him until the time comes to expunge his reckless driving conviction.
Alameda County Fremont DUI .12% BAC First Offense DUI Speed Enhancement
Practice Area: Fremont DUI and DWI
Date: Jun 19, 2014
Outcome: DUI Charges & Enhancement Dismissed: Case Settled for Reckless Driving
Description: This was a tough morning in Fremont as the DA almost immediately jumped on me making the prospect of settling my two DUI cases very thin. Nevertheless, I stayed calm and continued smiling which resulted in two very positive settlements. This client was charged with his first DUI, however, it was complicated by the fact that he was stopped by the CHP for traveling in excess of 100 MPH. Considering that his blood test came in at .12% (which is just over the Alameda guideline for a reduction), we weren't expecting the case to resolve here at the first Pre-Trial Conference. In spite of the DA's initial outrage, she ultimately came around and we settled this case for a reduction to reckless driving for three years of informal court probation, a 12 hour DUI school and a reduced fine of around $1,000. Client didn't have to complete any jail, SWAP or community service and most importantly, wasn't required to have an Ignition Interlock Device "IID" installed as it required for all persons convicted of DUI in Alameda County. Client accepted four month suspension of his California driver's license, but was nonetheless quite grateful to have the DUI charge dismissed and his sentence greatly reduced.
San Francisco DUI .21% BAC First Offense DUI High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Jun 16, 2014
Outcome: ENHANCEMENT DISMISSED & 3 MONTH DUI SCHOOL
Description: This was a challenging case, but in the end, I was able to keep it together for the client to resolve an otherwise bad DUI case for minimal punishment. Client was an international student who was stopped by the CHP for speeding with three friends in the car. Client blows a .21% on the PAS and is arrested for DUI. Some time later, Client was again breath tested with again a .21% BAC. Although Client was charged with DUI and a high BAC enhancement, we were able to avoid any pre-trial release conditions which was critical as the Client ended up moving to the East Coast. After two Pre-Trial Conferences and much wrangling with the District Attorney, we finally settled the case today, and in such a way that the Client won't have to come back to San Francisco. The High BAC Enhancement was dismissed and client was sentenced to three years of informal court probation, fines of $1,918, an ONLINE DUI School (3 MONTH NOT THE 9 MONTH PROGRAM), 80 hours of community service and 15 AA meetings. By getting the enhancement dismissed and the concession for the the three month DUI School, I was able to save the client thousands of dollars. I sincerely hope he learns his lesson from this DUI experience and I don't hear from him again until he's ready to expunge his DUI conviction.
San Francisco DUI .17% BAC First Offense DUI Forced Blood Draw Refusal Enhancement
Practice Area: San Francisco DUI and DWI
Date: Jun 16, 2014
Outcome: ENHANCEMENT DISMISSED & 3 MONTH DUI SCHOOL & NO SWAP
Description: This was an interesting DUI case which again demonstrated the value of an experienced and dedicated DUI attorney in San Francisco. Client was stopped by SFPD for a tail light violation on a moped. It was early in the morning and client had been drinking, so the client's temper overtook the situation and the arresting officer ultimately wrote the case up as a "refusal" since the client wouldn't submit to a breath or blood test. Not to be denied, the arresting officer obtained a search warrant to force the client to give a blood sample which was subsequently tested at .17% BAC. Thankfully, client did not need to drive, because the refusal was a difficult case for the DMV and client's license was suspended for one full year without a restricted license available. Conceding the DMV, we put the full weight of our defense into the criminal case which we were able to settle today for a dismissal of all enhancements and a highly reduced sentence, considering the District Attorney's original offer at arraignment. In the end, client was convicted of DUI, but received the minimum sentence of three years informal court probation, fine of $1,858, THREE MONTH DUI School (vs. 9 month) and NO jail, SWAP or community service. I think I helped client accept responsibility for this one, but am most grateful that I saved the client months of her life in DUI school and SWAP and thousands of dollars that the client really needed. This case showed again why an experienced DUI attorney, especially in San Francisco, can make all the difference in almost any DUI case.
Marin County San Rafael DUI .14% BAC First Offense DUI
Practice Area: San Rafael DUI and DWI
Date: Jun 12, 2014
Outcome: DUI MINIMIZED: 3 yr Probation, $1,800, 3 Month School, NO SWAP
Description: Marin County DUI cases are heard at the Marin County Civic Center in San Rafael, California. The building was designed by Frank Lloyd Wright, who is probably America's most renowned architect. Considering that Marin County is a truly beautiful place, it's always a pleasure to handle DUI cases here even though Marin County is the most difficult county in the Bay Area for DUI cases. Marin County does NOT reduce DUI offenses to "wet" reckless reductions. As a result, it's an either all or nothing DUI conviction or case dismissed. Nevertheless, I was able to effectively represent this unfortunate individual who was arrested by the California Highway Patrol for failing to stop at a limit line before entering the sparsely populated California Highway 101 in the early morning hours. Client submitted to PAS and Breath Test with all resulting in .14% BAC. Client's primary concern was the ability to drive. Although client ultimately resolved the criminal case for a DUI (three year minimum probation, fine of $1,800, 3 Month DUI School), I was able to work out a resolution of a contestable DMV hearing that will end up with the client getting a restricted license with the least possible actual suspension (30 days is normally required for all DMV Administrative Per Se suspensions for first offense California DUI cases). This concession, as it turned out, made all the difference to the client and allowed client to resolve criminal case for minimum penalties and now get on with getting over this one time DUI mistake.
Marin County San Rafael DUI .15% BAC First Offense DUI Collision High BAC Enhancement
Practice Area: Sausalito DUI and DWI
Date: Jun 12, 2014
Outcome: ENHANCEMENT DISMISSED & DUI SENTENCE MINIMIZED
Description: It's true that bad things can happen to good people. Client was a hard working young man and recent college graduate who made the critical mistake of drinking bottomless mimosa's during a brunch date with his girlfriend in San Francisco. After driving all the way from San Francisco to Sausalito, client was involved in a very minor collision with a parked car. Events soon spiraled out of client's control and the Sausalito Police were soon on the scene to conduct a DUI investigation. Client refused the PAS test but later submitted to two breath tests which came in at .15% BAC. Ultimately, client was charged with DUI and enhancement for BAC in excess of .15%. Today, we settled the case for a dismissal of the enhancement and plea to the DUI. Client received the minimum three years court probation, had fines of over $2,000, was ordered to attend a three month/level one DUI School and perform 15 hours of community service. In the end, this was a favorable outcome for this DUI case. The District Attorney originally wanted two AA meetings a week for twelve successive weeks as part of the settlement. For a first offense DUI and considering the age of the defendant, such AA counseling would be excessive and burdensome. Regrettably, Client's California Driver's License was suspended for around 30 days with five months of restriction with a $125 DMV reinstatement fee and filing of an SR22. We didn't have a good case for dismissal here, but we did manage the case and minimize the damage. We'll get the DUI dismissed in three years when the client successfully completes his probation!
Marin County San Rafael DUI .12% BAC First Offense DUI Marijuana Possession
Practice Area: San Rafael DUI and DWI
Date: Jun 12, 2014
Outcome: Probation Granted: 3 years, $1,900 fine, 3 Month DUI School & NO JAIL OR SWAP
Description: Client was stopped by the CHP for speeding on US Highway 101 just before midnight. Upon further investigation for DUI, Client submitted to two PAS breath tests of .11% and .12% BAC and was arrested for DUI. While performing an inventory search, CHP officers found marijuana in client's pocket so they charged him with that was well. Although this was technically a first offense DUI, client had previously been convicted of two prior DUI's that were more than ten years ago, so in reality, this was his third offense DUI and client was deeply concerned about the effect that those prior DUI's might have on the Marin County District Attorney. After two conferences with the District Attorney Expediter (an admirable DA who I knew personally from a hard fought DUI jury trial I did in 2011), I was able to negotiate an acceptable resolution. The marijuana charge was dismissed, and client plead to Driving with a BAC in excess of .08% pursuant to California Vehicle Code Section 23152(b). Client was sentenced to the minimum three years court probation, paid fines of approximately $1,900 and was ordered to complete a three month level one first offender DUI School. Client was NOT ordered to complete ANY jail, SWAP or community service. Ultimately, client's license was suspended by the DMV for thirty days with a restricted license for work purposes for five months with the filing of an SR22. In the end, having a prior positive relationship with the District Attorney made a difference for this client and I hope this positive outcome results in him never drinking and driving again!
San Mateo County Redwood City DUI .15% BAC First Offense DUI High BAC Enhancement
Practice Area: Redwood City DUI and DWI
Date: Jun 09, 2014
Outcome: DUI MINIMIZED: 3 yr Probation, FINES WAIVED, Online DUI School, 1 Day Jail
Description: San Mateo County has undergone a "consolidation" of their misdemeanor courts. Basically, the county has closed the once highly functional courthouse in South San Francisco and all DUI cases are now heard in Redwood City. Not to be inconvenienced by the cost cutting measures, Redwood City now typically takes six months to a year to resolve a straight forward DUI case. Case in point, Client was stopped for making an illegal turn by the Daly City Police Department while in route to Lucky Chances. Most unluckily, Client was arrested for DUI and submitted to PAS breath test of .15% BAC and subsequent implied consent breath test resulting in .14% BAC. Client was a resident of Washington and was only visiting the Bay Area for the weekend. After several months of managing the criminal case for this client, we successfully settled the case today in Redwood City for the minimum DUI punishment of three years informal court probation, an online DUI School in lieu of the normal three month program, and basically a book and release in jail. In light of the costs incurred by client, I was able to get the judge at the Pre-Trial Conference to WAIVE HIS DUI FINES, totaling of a saving of nearly $1,700! Not every DUI case is dismissed or reduced, but that doesn't mean that the result has to be the same every time. As I've always said, you don't get anything unless you ask and that couldn't be more true that when you're trying to effectively settle a DUI case in the Bay Area.
Alameda County Pleasanton DUI .10% BAC First Offense DUI
Practice Area: Pleasanton DUI and DWI
Date: May 29, 2014
Outcome: DUI DISMISSED for RECKLESS DRIVING & NO LICENSE SUSPENSION, NO SR-22
Description: This case had so many wrinkles that I think I could write about several different tactics for the best DUI case resolution. Nevertheless, this case involved a DUI arrest by the Pleasanton Police Department of my fifty-something year old client, and mother. The situation was an unusual one in which client went to dinner with husband and a double date when the couples were separated. Blocks away from the restaurant, one of the men has physical complications that required an ambulance to be called. Thinking it an emergency, Client drove from the restaurant the few blocks to where the paramedics were treating her dinner companion. After he was determined to be OK, client was subsequently investigated and arrested for DUI by the Pleasanton Police Department. Client refused the PAS test, but performed OK on field sobriety tests. After arrest, Client submitted to two breath tests of .09% and .10% BAC. Although Client was charged with a DUI, I was able to get the District Attorney to agree to dismiss the DUI charges in exchange for a plea to lesser offense of Reckless Driving. This was OK, however, this client's number one concern was the ability to drive, being a working mom. Although we could have accepted this offer at the first Pre-Trial Conference, I felt that we could do better so we continued the case for a further Pre-Trial Conference, all the while keeping the DMV Administrative Per Se case alive so client could continue to drive on her DMV Temporary License. The decision to continue the case ended to be a critical one. At the next Pre-Trial Conference we were received by a different District Attorney, who I seem to remember from USF Law School, who agreed to a Helmandollar resolution. You see, pursuant to Helmandollar v. DMV, 7 Cal.App.4th 52, the court or judge can acquit a licensee on the Driving with a BAC in Excess of .08% charge (Vehicle Code Section 23152(b). It was no easy task getting the judge to agree to do this, but we did. As a result, the District Attorney reduced the DUI charge to Reckless Driving, for a sentence of three years informal court probation, fine of $925, and a 12 hour DUI school. This result saved client thousands of dollars and countless hours of DUI school and most importantly DID NOT RESULT IN LICENSE SUSPENSION. We then held a bench trial on the Driving with BAC in excess of .08% charge and the judge found the client NOT GUILTY. I happened to have a court order on hand for the judge to sign and obtained a certification from the court clerk. Once DMV Sacramento processes the order, clients' DMV case will be SET ASIDE, meaning that she will suffer NO LICENSE SUSPENSION and will NOT NEED SR-22. Indeed, Client suffered as a result of this DUI arrest and will learn a lot through the punishment handed out in this sentence. For my part, I'm glad that the great weight of civil and criminal penalties were tempered for an individual who may have technically violated the law, but did so under extreme circumstances and even then was barely over the legal limit.
San Francisco DUI .16% BAC First Offense DUI High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: May 28, 2014
Outcome: COMPLETE DISMISSAL OF DUI CASE
Description: This was a highly unusual DUI case in San Francisco. Client was arrested for DUI by the CHP in the City and submitted to a blood test which returned a result of .16% BAC. Typically, the District Attorney failed to file a criminal complaint before the arraignment, which usually the first court hearing in a DUI case. A few months later, the CHP requested a warrant for clients arrest, even though client's address hadn't changed and could just as easily be asked to appear in court voluntarily. Anyway, the arrest warrant was never actually filed and the case went into a procedural black hole. Fast forward three years. Client is seeking documentation regarding the case from the San Francisco Police Department when she is first advised of the warrant and then arrest client and hold her on $10,000 bail. This was outrageous. As it turned out, the Medical Examiner's Office had destroyed client's blood sample. Moreover, Client's life had changed substantially and memory of the DUI arrest nearly three years ago would have been challenging in mounting a defense. I filed a Motion to Dismiss this case based on a violation of client's Constitutional Right to Speedy Trial. Since three years had passed since the DUI arrest, critical evidence had been destroyed and the delay in the prosecution of the case was solely the fault of the government, out motion was well received. TOTAL DISMISSAL.
Santa Clara County Palo Alto DUI .10% BAC Second Offense DUI JURY TRIAL
Practice Area: Mountain View DUI and DWI
Date: May 19, 2014
Outcome: DUI DISMISSED for PUBLIC INTOXICATION ($200 FINE)
Description: Not every DUI case settles and sometimes a balancing of the cost and risk factors leads a client to exercise their Constitutional Right to a Jury Trial. Client was stopped by Mountain View Police for making a prohibited left turn in the early morning hours of a deserted residential neighborhood. Client submitted to Field Sobriety Tests, in which he performed excellent. Client was nevertheless compelled to blow into a PAS device and a result of .10% put the nail in the coffin of his DUI arrest. At the station, client submitted to two additional breath tests with results of .09% and .08% BAC. Client had previously been convicted of DUI about five years ago, so the Santa Clara County District Attorney's Office wanted a literal pound of flesh to settle the case. Client could not take a misdemeanor conviction that included any kind of probation, so the case was set for trial. I appeared on three different dates for trial, every time dealing with a brand new District Attorney. Finally, today, we settled the case for a highly favorable result: ALL DUI CHARGES DISMISSED. Client plead "no contest" to a misdemeanor violation of Penal Code Section 647(f) (PUBLIC INTOXICATION) for NO PROBATION and $200 fine. Client's license, however, suspended administratively by the DMV for one year. I don't believe in setting DUI cases for jury trial unless we're justified in doing so. Although about 90% of DUI cases resolve in the Pre-Trial phase of the case, it's good to know that when you do set a case for trial, the District Attorney respects your DUI lawyer enough to dismiss the charges!
San Mateo County Redwood City DUI .29% BAC First Offense DUI High BAC Enhancement
Practice Area: Redwood City DUI and DWI
Date: May 15, 2014
Outcome: Minimum Probation Terms, NO JAIL or SWAP, $1000 FINE
Description: This case could have ended a lot worse than it did. Client had long suffered with severe alcoholism was visiting the Bay Area from the East Coast while looking for work. Apparently, Client was driving a pick up truck and hauling a boat in San Mateo County when the boat became dislodged from the truck. Thankfully, the boat came to rest peacefully in the freeway and no one was injured. Client turned around to get the boat and was then detained by the CHP who concluded that he was under the influence and arrested him for DUI. At the station, Client submitted to a blood test which came back an astonishing .29% BAC which qualified him for both the DUI charges and the high BAC DUI enhancement. After being released from jail, Client retained me and moved back to the East Coast where he promptly entered a residential treatment program which he successfully completed and graduated to a half way house. Today, I was able to make the most of the Client's self acceptance of responsibility and settled the DUI case for a minimum punishment of three years of informal court probation, fine of $1,000 and online DUI School. Client's ability to drive in California suspended by DMV for six months. In the end, this case demonstrates just how important your lawyer is for a DUI case, no matter how high your BAC. I managed this case for the client, who NEVER appeared in court and negotiated a resolution which took into account his voluntary acceptance of treatment. Client received NO JAIL, SWAP OR COMMUNITY SERVICE and just by asking, I was able to get the judge to reduce his fine by $1,000. Hopefully the treatment works and I won't hear back from this DUI Client until the time comes to expunge his DUI conviction.
San Francisco DUI .24% BAC First Offense DUI High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: May 02, 2014
Outcome: ENHANCEMENT DISMISSED & 3 MONTH DUI SCHOOL
Description: Client decided to drive after drinking way too much and got caught in the wrong place at the wrong time. While driving home from work, Client came upon several San Francisco Police Department officers who had blocked the roadway in front of his house, apparently for some unrelated investigation. After some questioning, client was arrested for DUI and blew a .24% BAC. The District Attorney's initial offer was a plea to DUI with 10 days of SWAP and a 9 month DUI School. Today at Pre-Trial Conference, I was able to settle the case for client for dismissal of the high BAC enhancement and three years informal court probation, fine of $1,858, THREE MONTH DUI SCHOOL & 4 DAYS OF SWAP. Client's license suspended for thirty days and restricted for five months. Interestingly, Client told me after his case settled that he met others in the DUI School with lower BAC's that were ordered to do the 9 month school. Negotiating the best result in a DUI case, especially in San Francisco, takes a lot more talent and skill than traffic ticket. THE BEST DUI LAWYERS DON'T HANDLE TRAFFIC TICKET CASES!
San Francisco DUI .17% BAC First Offense DUI High BAC Enhancement Collision
Practice Area: San Francisco DUI and DWI
Date: Apr 30, 2014
Outcome: ENHANCEMENT DISMISSED & 3 MONTH DUI SCHOOL
Description: When it comes to successful DUI defense, I always say that remarkable facts are the best ingredient. This case seemed like a story that could have happened to any of us. Client goes out to night club in San Francisco with his girlfriend and bumps into parked car while trying to parallel park. Client exchanges insurance information and goes into the club where he consumes a lot of alcohol as he's watching his girlfriend leave him for another man. Drunk and frustrated, he leaves the club and gets into a taxi who later refuses to take him home because his money is at the destination and the taxi cab wants everything up front. Now kicked out of the taxi, client returns to his vehicle but is taken down by club employees who call the police and report him for DUI. Client is arrested and submits to breath test which reads .17% BAC. Client is charged with DUI with a High BAC enhancement and spends the night in jail. Although the DA originally wanted a ton of punishment, these fantastical facts were not lost on the very fair and reasonable assistant district attorney and we settled the case for the bare minimum punishment of three years informal court probation, fine of $1,858, three month DUI School and NO SWAP OR JAIL. Client's license suspended by the DMV, however, for thirty days followed by five months of restriction. We rely on Taxi's, especially here in San Francisco. If their valid objections to Pink Mustaches are to be given any weight, instances like this have to stop. The Taxi's refusal to take this person home could have cost someone their life.
San Mateo County Redwood City DUI .10% BAC First Offense DUI
Practice Area: San Mateo DUI and DWI
Date: Apr 21, 2014
Outcome: DUI CHARGES DISMISSED & CASE REDUCED TO RECKLESS DRIVING
Description: Client was early 20's, but working full time for a technology based company in San Mateo County, when she was stopped by the California Highway Patrol for speeding on Highway 101 while driving home from a late night in San Francisco that included drinking. Although Client performed remarkably on the Field Sobriety Tests, a PAS breath sample damned her fate when it returned a result of .10% BAC. Client was arrested for DUI and submitted to a blood sample which was later tested (and retested) to be .09% BAC. San Mateo County is one of the most difficult courts to work so getting client out of DUI was not a given. Today, however, we settled the case for a dismissal of all DUI charges. Client accepted a reduced charge of reckless driving and received a substantially reduced sentence of two years informal court probation, a 12 hour DUI School (a DUI conviction usually requires a three month DUI School) and NO JAIL, SWAP OR COMMUNITY SERVICE. Client's fine was also reduced by about a $1,000. In the end, Client accepted responsibility and learned a lesson to never drink and drive again. Her license was suspended by the DMV for four months and I doubt this client will ever need a DUI lawyer again!
Santa Cruz DUI .21% BAC Third Offense DUI Probation Violation High BAC Enhancement Driving on Suspended License CVC 14601.2
Practice Area: Santa Cruz DUI and DWI
Date: Apr 17, 2014
Outcome: ENHANCEMENT DISMISSED & 180 DAYS HOUSE ARREST: No Actual Jail Time
Description: Client was a real mess. This sixty something year old had been though many things in life, but came to me on the brink of existence as she was suffering from a lifetime of alcohol abuse. This time, she was arrested in her home after a call to the Santa Cruz Police that a woman was acting erratically after driving a vehicle until is stopped for want of gasoline. Eventually, client provided a .21% BAC breath sample, which ordinarily would be an aggravating factor, but of greater significance still was that client was still on active DUI probation for another high BAC DUI conviction in Santa Cruz County a year earlier. Indeed, client had TWO PRIOR DUI convictions in the last two years making this her third and she was also charged with driving on a suspended license pursuant to Vehicle Code Section 14601.2, the most severe offense of that section. Client had suffered from alcoholism for long time and had personal loss which only exacerbated the problem. Seeing this as the root cause of her present DUI situation, we immediately began a course of treatment which she responded to positively. Today, months later, I convinced the District Attorney to dismiss all charges except the DUI, including the high BAC enhancement. Client received five years of probation, fines of approximately $2,600, and 180 days of jail for which she's been accepted to HOUSE ARREST, which will allow her to continue with her rehabilitation. Client was referred to the 18 month Multiple Offender DUI School, but it was not ordered as a part of her probationary sentence. She'll need to complete this school to have a chance at getting her California Driver's License reinstated after all of these DUI's, but I'm optimistically hopeful that this time we've pulled the weed out from the root and there won't be any future DUI's. We've got to try!
Santa Clara County San Jose DUI.14% BAC First Offense DUI
Practice Area: San Jose DUI and DWI
Date: Apr 17, 2014
Outcome: Probation Granted: 3 years, $1,900 fine, 3 Month DUI School & Community Service
Description: Client was a recent law school graduate who was arrested by the CHP in the early morning hours as Client drove home after drinking alcohol socially with co-workers. Client submitted to Preliminary Breath Test ("PAS") which came in at .10% BAC, but a later blood test returned a .14% BAC which was later confirmed by a retest of the blood sample. Today, I resolved the case at the third Pre-Trial Conference in this case. At the first Pre-Trial Conference, the District Attorney was completely unsympathetic and in fact wanted ADDITIONAL punishment because Client was a law school graduate and should have known better than to drink and drive. We continued the case and at the second Pre-Trial Conference, a new District Attorney was on the case and actually offered us a REDUCED sentence to settle the case. Client rejected this offer and we returned to court for a final THIRD Pre-Trial Conference in which we settled the case for a DUI conviction in which Client was sentenced to the minimum three years informal court DUI probation, fines of approximately $1,950 (which we obtained a low monthly payment plan), a three month DUI School and most importantly, 160 hours of community service to be done for a non profit organization in Alameda County in lieu of any jail or SWAP. This was an agreeable concession by the District Attorney because it is typical for a DUI offender to serve FIVE DAYS with the Weekend Work Program through the Santa Clara County Sheriff's Department. Santa Clara County's five day SWAP sentence for a first offense DUI charge is by far the most punitive in the entire Bay Area for similar DUI cases. Client's license suspended by DMV for thirty days with eligibility for a "restricted license" (for work purposes) for five months with the filing of an SR-22. Again, Client had NO CRIMINAL RECORD and admitted to making an mistake. It was a good thing Client didn't make the second mistake of accepting the District Attorney's first offer to settle the case.
Santa Clara County San Jose DUI .17% BAC Second Offense DUI Probation Violation Driving on Suspended License CVC 14601.2
Practice Area: San Jose DUI and DWI
Date: Apr 17, 2014
Outcome: ENHANCEMENTS, PROBATION VIOLATION & SUSPENDED LICENSE DISMISSED
Description: Client was a younger guy who had made the boneheaded mistake of driving after drinking. He was previously convicted of a DUI in Santa Clara County and was still serving a three year informal probation sentence when he was stopped by the CHP again in Santa Clara County for texting behind the wheel. Client submitted to Field Sobriety Tests and then blew into a Preliminary Breath Test ("PAS") which had difficulty obtaining a singular reading of .17% BAC, this in spite of numerous attempts by the Client to provide a breath sample. Client was shocked by the number and subsequently REFUSED the required implied consent breath test. Thinking better of it, Client changes his mind and submits to a station house breath test with a dramatic decrease to .09% BAC. Client is nevertheless charged with a second offense DUI with high BAC enhancement, probation violation and separate misdemeanor offense of driving on a suspended license. Client was originally represented by the Public Defender's Office who had actually assigned a law student to represent him. He decided to go with me and I arrived at the courthouse to substitute in as attorney of record for the law student who had the misdemeanor plea form in hand awaiting my clients signature and plea to both the DUI and suspended license misdemeanors. After substituting in as attorney, I continued the case to today's Pre-Trial Conference calendar where I pushed and pushed and pushed the reluctant but ultimately very fair, District Attorney to resolve the case for a plea to the DUI and admit his prior with a DISMISSAL of all other charges. This resulted in client receiving three years of informal probation, fines of approximately $2,100, an 18 month multiple offender DUI School, and 10 days of SWAP in lieu of actual jail time. By continuing client's case for new Pre-Trial Conference, I was able to get the expensive suspended license misdemeanor dismissed and his total SWAP reduced from 15 to 10 days. Client failed to request DMV hearing and was determined to have REFUSED. NEVER REFUSE A BREATH OR BLOOD TEST, ESPECIALLY IF YOU'VE SUFFERED A PRIOR DUI CONVICTION OR SUSPENSION. If so, you'll be like this client and lose your license in California for TWO YEARS, period. No driving at all. I'm hopeful, however, that this mistake won't happen again.
Contra Costa County Martinez DUI .09% BAC First Offense DUI
Practice Area: Martinez DUI and DWI
Date: Apr 11, 2014
Outcome: DUI CHARGES DISMISSED & CASE REDUCED TO RECKLESS DRIVING
Description: Client was stopped by the CHP for speeding in excess of 90 mph. Complicating matters, it was late at night and he had been drinking alcohol. Arrested for DUI, his breath test came in at .09% BAC. Client was charged by the District Attorney's Office almost one year after his DUI arrest, meaning that he had already lost his license from the DMV APS hearing. If he suffered a DUI conviction in court, his license would be suspended again. Thankfully, today we negotiated a disposition which included a dismissal of the DUI charges and a plea to the reduced charge of reckless driving (wet reckless). His sentence was greatly reduced and his license not subject to further suspension from the DMV. Client received two years of informal court probation, fines of approximately $1,200, a 12 hour DUI School and no additional jail, community service or SWAP. In the end, the client learned a lesson and wasn't overly punished for it.
San Mateo County Petition for Early Termination of DUI Probation & Expungement
Practice Area: Millbrae DUI and DWI
Date: Apr 10, 2014
Outcome: PETITION GRANTED , PROBATION TERMINATED EARLY & DUI CONVICTION DISMISSED
Description: Wow. This case epitomizes just how difficult things are with DUI charges in San Mateo County. I was first hired by client in 2010 to fight a DUI charge as client traveled frequently to Canada for work (you can't get into Canada with a DUI conviction, btw). Anyway, the case was a garden variety .11% BAC case which the DA steadfastly refused to reduce to reckless driving so client could have a chance to save his job. As a result, we were pushed into a jury trial, the first of which ended in a mistrial. Ultimately, the law changed allowing workers with a Temporary Resident Permit ("TRP") to enter Canada for work, even though they had a DUI conviction on their record. As a result, client settled his case for a DUI conviction some three years after his original DUI arrest date. After finishing his court ordered terms of probation, I fulfilled a promise to client to petition the court for early termination of probation so his conviction could be expunged from his record. Client had only completed ONE YEAR of his three year probation term, but considering the age of his arrest, I thought we had a strong petition. I prepared, served and filed the petition which clearly stated many times that client had only completed one year of DUI probation, so I wasn't completely surprised when the judge granted our petition with no objection from the District Attorney. Days later, I get the call. It's the judge's clerk telling me that the judge and District Attorney were "unaware" that client had only finished one year of probation and the court wanted to put the case back on calendar for "reconsideration." For real??? So the court and District Attorney just admitted that neither of them actually read my petition and now they want me to drive back to Redwood City so they can now have a second chance to deny the petition? I've heard that the wheels of justice move slowly, but this was a page from the first Superman Movie when the hero flies so fast around the Earth that time goes in reverse. Gratefully, another two days pass and the clerk calls me again. Apparently, the judge has changed his mind and is going to stick with his original ruling granting the petition. For over four years we dealt with this DUI case and now finally resolution! At least for now.....I'm not going to answer anymore calls from private numbers for a while!
Alameda County Oakland DUI.18% BAC First Offense DUI High BAC Enhancement
Practice Area: Oakland DUI and DWI
Date: Mar 28, 2014
Outcome: ENHANCEMENT DISMISSED & 3 MONTH DUI SCHOOL
Description: Client was a young man in his early 20's who was stopped by CHP for speeding with two passengers in his vehicle. He was determined to be under the influence of alcohol and arrested for DUI with a breath test of .18% BAC. Today, I helped client resolve this DUI which was enhanced by his elevated BAC for a minimum sentence of three years informal court probation, fine of $1,933, a three month DUI School, one day of SWAP in lieu of jail and a license suspension of thirty days followed by five months of restriction with an Ignition Interlock Device ("IID"). The District Attorney dismissed the high BAC enhancement and I sincerely believe that this client learned the important lesson that DUI can be a life changing mistake.
Alameda County Oakland DUI .11% BAC First Offense DUI
Practice Area: Oakland DUI and DWI
Date: Mar 28, 2014
Outcome: DUI CHARGES DISMISSED & CASE REDUCED TO RECKLESS DRIVING
Description: Today, I settled a case for a client who was arrested for DUI by the Alameda Police Department after allegedly "rolling" a stop sign. Alameda Police didn't have a PAS device for a breath test and client elected a blood test which ultimately came in at .11% BAC. This was a first offense DUI and client had no prior convictions of any kind, yet, at a .11% BAC by BLOOD test, his fate was very much in doubt. In the end, I succeeded in getting the District Attorney to dismiss the DUI charges in exchange for a plea to a lesser misdemeanor offense of reckless driving pursuant to California Vehicle Code Section 23103.5 ("Wet Reckless"). Client received a significant reduction and was sentenced to two years of informal court probation, fine of $1,033, 3 Month DUI School and NO JAIL OR SWAP. Critically, the dismissal of the DUI meant that client would NOT be required to have a mandatory Ignition Interlock Device ("IID") as all Alameda County first offense DUI convicts are required to do. Client's license was suspended for thirty days followed by five months of restricted driving. Client accepted responsibility for his actions and the Prosecution recognized this. A "win/win" in my book and another successful case.
Marin County DUI Expungement Petition
Practice Area: San Rafael DUI and DWI
Date: Mar 28, 2014
Outcome: PETITION GRANTED & DUI CONVICTION DISMISSED
Description: Everyone in California who has suffered a misdemeanor conviction of any kind, including DUI, should be eligible to have the conviction "expunged" from their criminal record. California Penal Code Section 1203.4 provides that an expungement petition should be granted as long as the Petitioner has met the following conditions: 1) they have successfully completed probation; 2) they are currently not serving probation on another case; 3) the term of probation has terminated. Most of my clients successfully complete their DUI probation, but few jump on the opportunity to clear up their record as soon as they become eligible. This is a bad mistake! While DUI expungement petitions are almost always eventually granted, the process can take several months to complete and is often not finished in time for the questionnaire or application that the client would like best to not admit. Case in point, this client was convicted of a DUI in Marin County in 2008 and finished DUI probation successfully in 2011. Thinking nothing of it, she neglected the process until she really needed the DUI conviction off her record for a job application. Although I was able to file the expungement petition in time, it was a close call that didn't need to be. If you've been convicted of any misdemeanor offense in California, you really should have it expunged as soon as you become eligible as you never know when a DUI can come back to haunt you. Although the expungement process varies from county to county and can be unnecessarily burdensome, the reward of a clean record is one you'll have for a lifetime. Don't let a DUI conviction hold you back and definitely call a trained DUI lawyer like myself who can help you with this important work as expeditiously as possible.
San Mateo County Redwood City DUI Expungement Petition
Practice Area: San Mateo DUI and DWI
Date: Mar 28, 2014
Outcome: PETITION GRANTED & DUI CONVICTION DISMISSED
Description: Successful DUI Expungement petitions are really won at the Pre-Trial Conference or Jury Trial of the underlying DUI arrest. Case in point, Client was charged with DUI in San Mateo County with a .10% BAC chemical test. This case could have easily gone either way between a DUI or Reckless Driving conviction. The Pre-Trial Conference in Redwood City worked out for us, however, and we were able to settle the case for a reduction to Reckless Driving pursuant to California Vehicle Code Section 20103.5. The DUI charges were dismissed and client was only sentenced to two years of DUI probation instead of the statutory three to five years DUI probation required for a California Vehicle Code Section 23152(a) or (b) conviction. By getting this reduction, we were able to effectively file an expungement petition to dismiss the Reckless Driving conviction from client's criminal record a full year sooner than if he had been convicted of DUI. Moreover, we prepared our expungement petition PRIOR to his DUI probation completion so that we were able to get the petition granted and case dismissed almost immediately after his completion of the two years of probation. With the petition granted and conviction dismissed, client can now compete for employment with the prejudice of his DUI related conviction minimized or erased. This case highlights the importance of getting DUI convictions expunged, but more than that, it's also a great compliment to me as a DUI lawyer in that the client had the faith and confidence in me to handle both his DUI and his expungement petition. Indeed, this is the only type of repeat customer I ever want to have!
Alameda County Superior Court located at 39439 Paseo Padre Parkway in Fremont, CA.
Alameda County Oakland Public Intoxication Misdemeanor
Practice Area: Oakland Criminal defense
Date: Mar 19, 2014
Outcome: ALL CHARGES DISMISSED
Description: Client was a professional visiting from out of state when he went to a function which and drank too much alcohol. Instead of driving, he made the right decision and took BART. Unfortunately, he passed out on the train and was ultimately arrested by BART police for misdemeanor public intoxication. When it appeared that no good deed goes unpunished, today I was able to get all criminal charges dismissed by the District Attorney. Client learned a lesson, but his criminal record and his bright future were left intact.
Alameda County Oakland Petition for Early Termination of DUI Probation & Expungement
Practice Area: Oakland DUI and DWI
Date: Mar 18, 2014
Outcome: PETITION GRANTED , PROBATION TERMINATED EARLY & DUI CONVICTION DISMISSED
Description: I represented client two years ago in Oakland and although his BAC was in excess of .12%, I was able to get his DUI dismissed so he could plead to a reckless driving misdemeanor for three years of probation. Now two years later, he's completed all of his court requirements, graduated from college and aced the LSAT. With a pile of law school applications in front of him, he now faced the daunting task of applying to schools while on active probation and with a misdemeanor conviction on his record. I figured that of all the early termination of probation petitions I had done, this one would be easy. Not so fast...in addition to the District Attorney objecting to the petition, the Judge really put me through the hoops on this one. I have to admit that for a moment, I thought the petition was lost. But out of the ashes, the judge had a change of heart and ultimately granted the petition for termination and expunged the reckless driving conviction. For a successful early termination, one needs to demonstrate substantial REHABILITATION. This client had really changed his life as a result of his DUI arrest and since he hadn't been in trouble with the law....ever....terminating his DUI probation early and granting the expungement was a result that was truly in the interests of justice. These petitions are rarely won, but when they are granted, it really feels good to help!
Solano County Fairfield Petition for Early Termination of DUI Probation
Practice Area: Fairfield DUI and DWI
Date: Mar 17, 2014
Outcome: PETITION GRANTED , PROBATION TERMINATED EARLY & DUI CONVICTION DISMISSED
Description: I represented client about a year and a half ago for a Solano County DUI arrest where she blew a .16% BAC after drinking away the fact that she and her boyfriend of eight years had just broken up. She received the minimum three years of probation, but now only half way done, she found herself out of a job and looking for work in a highly competitive market. The present DUI conviction and probation created an insurmountable hurdle to getting even an interview. Since she had no other criminal history and completed all of her probation requirements, we petitioned the court for early termination of the DUI probation and an expungement of the DUI conviction. Honestly, I wasn't overly optimistic considering that District Attorney's routinely object to these petitions and judges are inclined to deny them absent extraordinary circumstances. Today, I was pleasantly surprised when the DA did not object and the court granted the petition. In the end, client's DUI probation was terminated and the conviction expunged thus allowing her to deny she had ever been convicted on her subsequent employment applications. I wish her the best as I know she learned a lesson from this ordeal and highly doubt she'll ever be a client again, which is a good thing!
Alameda County Oakland DUI .24% BAC First Offense DUI High BAC Enhancement
Practice Area: Oakland DUI and DWI
Date: Mar 07, 2014
Outcome: ENHANCEMENT DISMISSED & 3 MONTH DUI SCHOOL
Description: Client was a twenty something recent college graduate with immediate hopes of attending law school when she had too much to drink at a party and then tried to drive home. Confused after trying to enter the carpool entrance of the Bay Bridge, she immediately drew the attention of the CHP who had been looking for just such a violation. The DUI investigation was hurried and the client raced to Santa Rita Jail for a breath test. Just before arriving at the station, client got sick and threw up in the CHP patrol vehicle in what ended up being minutes before her breath test which came in at .24% BAC. Client charged with enhanced DUI, but since she vomited within what should have been a 15 minute observation before the breath test, I was able to convince the District Attorney to dismiss the high BAC enhancement for a minimum sentence of: three years court probation, fine of $216, 162 hours of community service & THREE MONTH DUI SCHOOL. This almost always a 9 month DUI school case, but we beat it and saved the client six additional months of DUI school, $1,200 and an extra license suspension. Ultimately, DMV suspended her license for thirty days and allowed her to get a "restricted" license for five months as long as she enrolled in the DUI school, installed an ignition interlock device ("IID") and filed an SR22. I'm certain that she learned the lesson NEVER TO DRINK AND DRIVE , but I'm glad I was able to help minimize the punishment and the cost.
Alameda County Fremont DUI .14% BAC First Offense DUI Collision
Practice Area: Dublin DUI and DWI
Date: Mar 06, 2014
Outcome: DUI MINIMIZED: 3 yr Probation, $1,933, 3 Month School, 1 Day SWAP
Description: Client was a professional who attended a social function where he drank alcohol and then made the mistake of thinking he was OK to drive home. Late at night, he was tired and fell asleep and drifted into a a pole causing a property damage only collision. I appeared with client for two Pre-Trial Conferences in the case, after we decided to reject the DA's initial settlement offer which included over 12 days of jail or SWAP. Today, we resolved the case for minimum sentence of three years of informal probation, fine of $1,933, three month DUI school, and only ONE day of SWAP in lieu of jail. Client's license was suspended for one month followed by five months of driving with an Ignition Interlock Device ("IID"). The IID was not a condition from the court, but rather a requirement of all DUI offenders from Alameda County. Sometimes the offer at the first Pre-Trial Conference is the best one you'll get....sometimes it isn't.
San Francisco DUI .09% BAC Second Offense DUI Probation Violation
Practice Area: San Francisco DUI and DWI
Date: Mar 05, 2014
Outcome: DUI CHARGES DISMISSED & CASE REDUCED TO RECKLESS DRIVING
Description: Client was a younger person who was convicted of a "wet reckless" misdemeanor in San Mateo County on a .08% case (which probably should have been fought by her attorney). She received two years of probation and about two months before that probation terminated, she was again arrested in San Francisco for DUI by the CHP who stopped her for speeding on 101. This time, she submitted to a blood test which came in at .08% BAC after a .09% BAC breath test. The District Attorney wanted the full measure of a second offense DUI punishment when we retested the blood sample and got a .07% BAC retest result. At today's Pre-Trial Conference, I successfully minimized this case for an otherwise hard working person who made a mistake. A fair and reasonable District Attorney agreed to dismiss the DUI and probation violation for a plea to a second "wet reckless." Client received substantial reduction of sentence to three years supervised probation (five is normal and the court agreed to reduce to informal probation once she completes the DUI School), a reduced fine of $900, a 9 month DUI School (reduced from 18 months) and a one year ignition interlock device ("IID"). With the DUI dismissed, client avoided a probation violation suspension which was critical because we then followed up the criminal case with a SET ASIDE OF THE DMV HEARING, resulting in NO SUSPENSION AND NO SR-22, thus saving the client thousands of dollars.
San Francisco DUI .18% BAC First Offense DUI High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Feb 28, 2014
Outcome: ENHANCEMENT DISMISSED & 3 MONTH DUI SCHOOL
Description: Client was in her mid fifties and going through a tough time when she got drunk and drove into a DUI checkpoint with one headlight on the San Francisco Embarcadero. Her breath tests came in at .18% BAC and hence qualified her for the excessive BAC enhancement (over .15%). Complicating matters, client had two prior DUI's that occurred in a two week span of one another roughly twelve years ago. Client felt guilty for what she had done and went to her own arraignment in an effort to plead guilty to the DUI. San Francisco being the worst possible place to try and do this, she was daunted by the District Attorney's settlement offer which included a nine month DUI school and 15 days of SWAP in lieu of jail. She hired me and today I was able to make a difference. Client settled her case for a DUI conviction and three years informal court probation, fine of $1,850, ONLY 3 ACTUAL DAYS OF SWAP AND A 3 MONTH DUI SCHOOL. Client's license was suspended by DMV for one month with eligibility for a "restricted" license from DMV which would last for five months. By reducing client's sentence, I was able to save her thousands of dollars, six months of DUI school and 12 days of SWAP. Not a bad result considering what the DA had offered her to settle her case "early."
San Mateo County Redwood City DUI .13% BAC First Offense DUI Hit and Run Collision
Practice Area: Menlo Park DUI and DWI
Date: Feb 27, 2014
Outcome: Hit & Run DISMISSED; Minimized DUI Punishment
Description: Client was a contractor in his 30's and visiting the Bay Area from Southern California when he had a collision with a fire hydrant in Menlo Park in the early hours of the morning. Thinking there was no damage to the hydrant, he drove away only to be ultimately stopped by a notorious "DUI enforcer" officer of the Menlo Park Police Department. A subsequent breath test revealed a BAC of .13% and client was arrested and then charged by the District Attorney with DUI and Hit and Run. Today, I settled the case on my client's behalf allowing him to obtain resolution without once having to attend court in Redwood City. The hit & run misdemeanor was DISMISSED and client plead to the DUI for minimum sentence of three years informal court probation, fine of $1,900, three month DUI School in Southern California and two days of jail, of which client actually served only about 8 hours. Client's license suspended by DMV for 30 days and restricted for work purposes for 5 months. Apparently, the government claimed that the hydrant needed to be repainted and that it cost $1,000 to do it. Makes you kind of want a government painting contract, doesn't it?
San Mateo County Redwood City DUI .31% BAC Second Offense DUI Hit and Run Collision Probation Violation
Practice Area: San Bruno DUI and DWI
Date: Feb 27, 2014
Outcome: Hit & Run DISMISSED; Minimized DUI Punishment
Description: Client was a woman in her 50's who was suffering from severe alcoholism when she collided with another vehicle in an intersection in San Bruno and continued on driving until she was found passed out in a grocery store parking lot. Client had no idea where she was and this was supported by her blood test result which came in a whopping .31% BAC. Complicating matters, client was on active DUI probation for her first offense DUI some 18 months previously. Although things looked bad in this case, client helped herself by getting help with a treatment program. Since the program was not residential, but instead outpatient, we were unable to get as much credit as we would like. Nevertheless, I settled the case today for a dismissal of the hit and run charges and client was sentenced to three years informal probation, fine of $1,300 (I asked for and received a $1,000 reduction from the court), 18 month DUI school, three years of an ignition interlock device ("IID") and 20 days of jail. Client would have been able to do the SWAP program in lieu of jail, but since she didn't live in San Mateo County, this was not a viable option and she elected for jail. Tough case, but in the end, I'm glad she got help, most importantly, without the tax payer fitting the bill.
Alameda County Pleasanton Petition for Early Termination of DUI Probation & Expungement
Practice Area: Dublin DUI and DWI
Date: Feb 26, 2014
Outcome: PETITION GRANTED & DUI CONVICTION DISMISSED
Description: Client was a former client who I represented for a high BAC second offense DUI in Pleasanton about three years ago. He was represented by a different attorney for his first offense DUI in San Francisco some five years ago. He was sentenced to five years of court probation on his second offense DUI and now three years later, he'd completely changed. Older and wiser, client completed the 18 month DUI School and suffered a three year Ignition Interlock Device. Now in his 30's, client had subsequently purchased a home and was a much more responsible adult with the passage of time and the lessons learned from his probation. Nevertheless, his employment circumstances had also changed and he now found himself looking for work and facing the dreaded application question, "have you ever been convicted of a misdemeanor." Since he'd completed a substantial portion of his probation successfully and he had a need for being released from probation early so we could expunge the conviction, we filed a petition for early termination of probation. I expected the petition to be granted, but on the day the District Attorney objected to the petition and the visiting judge grilled me on the matter. Hopes then fully dashed, the judge most surprisingly GRANTED THE PETITION. Apparently who your lawyer is can make a difference.
San Francisco DUI Probation Violation Zero Tolerance
Practice Area: San Francisco DUI and DWI
Date: Feb 24, 2014
Outcome: Probation Reinstated: NO ADDITIONAL PUNISHMENT
Description: I represented Client last year when she picked up two DUI's in a span on ten days. Both DUI's had very high blood alcohol, one in excess of .30% BAC. Client was suffering from depression and problems at home and basically self medicated herself with alcohol to dangerous levels. In either event, she violated her probation when she tested positive for alcohol consumption prior to her DUI School classes, from which she was ultimately dismissed. Facing up to one year in jail for these violations, I negotiated a reinstatement of her probation FOR NO ADDITIONAL PUNISHMENT, in exchange for her voluntary participation in residential alcohol TREATMENT and aftercare. We have jails for a reason and I think a result like this which addresses the real problem (alcoholism) and is paid for by the defendant (not the tax payer) defines what "justice" really is.
Alameda County Oakland DUI .14% BAC First Offense DUI
Practice Area: Berkeley DUI and DWI
Date: Feb 20, 2014
Outcome: DUI CHARGES DISMISSED & CASE REDUCED TO RECKLESS DRIVING
Description: Client was stopped as he drove home from dinner by a Berkeley Police Department "DUI Checkpoint." He blew into a PAS device with results of .13% and a later blood test came in at .14% BAC. District Attorney charged DUI and wouldn't offer anything less. I disagreed and we fought this case long and hard and finally settled it today for a dismissal of the DUI and reduction of charges to Reckless Driving. Client was sentenced to three years of informal court probation, fine of $1,933, three month DUI school and one day of SWAP in lieu of actual jail. We appeared nearly ten times on this case contending that a DUI checkpoint is a GOVERNMENT ROADBLOCK and could not be squared with our Fourth Amendment protection from unreasonable government search and seizure, UNLESS IT MEETS GUIDELINES, which make sure it's done OBJECTIVELY and at least under some type of supervision and plan. The DA's office only produced one document to justify this checkpoint and faced with a Motion to Suppress Evidence and a trial date, they finally relented for this otherwise deserving individual who has learned his lesson with the additional cost and punishment of an IID. This was a very good outcome.
Alameda County Oakland DUI .11% BAC First Offense DUI Collision
Practice Area: Oakland DUI and DWI
Date: Feb 20, 2014
Outcome: DUI CHARGES DISMISSED & CASE REDUCED TO RECKLESS DRIVING
Description: Client made a mistake and decided to drive home after drinking. On the way, he lost control of the vehicle and was involved in a property damage only collision. The CHP investigated and although client's PAS test came in a .08% BAC, his later blood test came back a .11% BAC. I retested the blood sample and the retest returned a result of .08% BAC. I then used this variance in values as a basis for negotiating a reduction from DUI to reckless driving. Client received a reduced sentence of two years court probation, a 12 hour DUI school and fine of $1,033. In addition to the reduction, the District Attorney and judge agreed to a directed verdict in court which ultimately controlled the DMV too. Client did NOT lose his license and as a result I was able to save him thousands of dollars and earn his gratitude.
Oakland DMV Hearing Driver Reexamination Hearing
Practice Area: Oakland DUI and DWI
Date: Feb 20, 2014
Outcome: DMV SUSPENSION OVERTURNED & FULL LICENSE REINSTATED
Description: Client lost her license when DMV received a notice from her disgruntled physician that she was not physically able to drive. Client represented herself at the DMV interview hearing and her license suspension was upheld. Client desperately needed to drive, so I was retained to assist. Today, I appeared with Client at the Oakland DMV Driver's Safety Office and after the successful hearing, I secured a both a positive medical evaluation from a different physician and then drove with client for her driving test which she passed with flying colors. These efforts resulted in a expedited decision which returned her full license without restriction!
Alameda County Oakland Open Container Possession
Practice Area: Berkeley Criminal defense
Date: Feb 20, 2014
Outcome: ALL CHARGES DISMISSED
Description: Sometimes dumb cases like these come around, especially it seems, in Berkeley. Client was a professional with no criminal history who was cited for carrying an open container of alcohol by Berkeley Police. Apparently, if you're homeless it's OK to have an open container. Nevertheless, the case was prosecuted and today I reached a deal with the court for client to attend "Options" class....a two hour class in Oakland where you compare Options....it cost $25 cash, but upon completion, Client's case was dismissed and that was worth it for him.
Oakland DMV Hearing .09% BAC First Offense DUI
Practice Area: Oakland DUI and DWI
Date: Feb 19, 2014
Outcome: DMV "SET ASIDE" NO LICENSE SUSPENSION; NO SR-22
Description: Client was arrested for DUI after being stopped by the CHP for driving too slow. While the PAS test came in at .09% BAC and he was arrested, his subsequent blood test result came back at .08% BAC. The District Attorney filed DUI charges, but I requested a retest of the blood sample which then came back at .07% BAC. After then convincing the District Attorney to DISMISS THE CRIMINAL CASE, I still had to deal with the DMV Administrative Per Se ("APS") case. Today, I finished that hearing with the help of a forensic toxicologist and WE WON THE HEARING. the DMV "set aside" prevented client from losing his license and saved him $1,000's for the SR-22 and attendance in DUI school.
San Francisco DUI Probation Violation Zero Tolerance
Practice Area: San Francisco DUI and DWI
Date: Feb 07, 2014
Outcome: Probation Reinstated: NO ADDITIONAL PUNISHMENT
Description: Client was represented by different attorney for settlement of his case which involved supervised probation even though it was a first offense DUI conviction. Nevertheless, client moved to New York without finishing a 9 Month DUI School and there was still restitution owed as a result of his collision. Probation issued a warrant for client's arrest and he was in a terrible situation, no living so far away. Although it took THREE HEARINGS, I was ultimately able to get his probation reinstated with NO ADDITIONAL punishment. Client never had to attend one hearing!
Sonoma County Santa Rosa DUI First Offense DUI Refusal JURY TRIAL
Practice Area: Santa Rosa DUI and DWI
Date: Jan 31, 2014
Outcome: REFUSAL DISMISSED & MINIMUM SENTENCE
Description: Client had been previously represented by a different attorney who was unable to reach a favorable settlement with the District Attorney. I was subsequently retained to represent client for jury trial. As so many trials go, the client decided it was in her best interests to accept a plea bargain, literally the morning of trial. Ultimately, the DA agreed to dismiss the "refusal" allegation for a plea to a DUI. As a result, client received minimum sentence of three years informal court probation, fines of about $2,000, A THREE MONTH DUI SCHOOL, and 15 days of HOME DETENTION in lieu of jail or SWAP. Client got her license back with an SR22 and in the end, everybody won.
San Francisco DUI .10% BAC First Offense DUI
Practice Area: San Francisco DUI and DWI
Date: Jan 29, 2014
Outcome: DUI CHARGES DISMISSED & CASE REDUCED TO RECKLESS DRIVING
Description: Client was a 22 year old who made the mistake of driving after drinking alcohol. Stopped by the CHP for speeding on 101 after midnight, client submitted to breath test with a result of .10% BAC and was arrested for DUI. The DA in this case tried to hold to a DUI offer for resolution. I refused and they then came back with a "wet reckless" offer, but with all DUI punishment. Again, I refused. This case should have been a minimum sentence wet reckless from the beginning, undaunted, we educated the new DA who finally relented (it helps when the client wears a suit and tie to court). As client was a student, I was grateful to get the DUI dismissed for a plea to misdemeanor reckless driving, thus saving him a lot of money but doing nothing to the "lesson" he would learn. Client received 18 months of informal probation, fine of about $850, and a 12 hour DUI School. Client's license likely to be suspended for four months then reinstated with SR22.
Alameda County Oakland DUI .25% BAC First Offense DUI Felony Child Endangerment Collision High BAC Enhancement
Practice Area: Oakland DUI and DWI
Date: Jan 22, 2014
Outcome: MISDEMEANOR & CHILD ENDANGERMENT & ENHANCEMENT DISMISSED
Description: The Child Endangerment DUI is the toughest DUI case short of a serious injury or fatality. This case was no exception. Client was in her mid 30's and employed as a teacher. She had been suffering from an eating disorder which we believe may have affected the accuracy of her breath tests. Nevertheless, she was detained after she barely sideswiped a parked car (causing little damage). When police arrived, they found her eight year old in the back seat and immediately arrested her for DUI and felony child endangerment. In court, we were able to get the case reduced to a misdemeanor and ultimately settled the case today for a STANDARD first offense DUI, well sort of. The child endangerment charge was dismissed along with the special enhancement that her BAC was in excess of .15%. Client received three years of informal court probation, fines of $1,963, a 9 month DUI school and 8 days of Sheriff Work Alternative Program ("SWAP") in lieu of actual jail. The DA kept a Protective Order in place so that she could not "harm or harass" the child. Since the Order itself had the potential of termination from employment, I had to add the case back to calendar one week later to get it lifted. In the end, her license was suspended for thirty days and restricted for 10 months with installation of a Ignition Interlock Device ("IID"), basically a breathalyzer for the car. Cases like this often take a year to settle, today we did everything she wanted all on the second Pre-Trial Conference.
Alameda County Oakland DUI .21% BAC First Offense DUI High BAC Enhancement
Practice Area: Oakland DUI and DWI
Date: Jan 22, 2014
Outcome: ENHANCEMENT DISMISSED: THREE MONTH DUI SCHOOL
Description: Client was a younger person who made the mistake of driving home after going to clubs in San Francisco and having way too much to drink. Stopped by the CHP just after the Bay Bridge for speeding, Client submitted to a blood test which came in a .21% BAC. Although the DUI was bad enough, California law says that a person with a BAC in excess of .20% should ALWAYS be ordered to do a NINE MONTH DUI School instead of the standard THREE MONTH School. Today, I settled this DUI case for a dismissal of the special enhancement and minimum sentence terms of three years informal court probation, fine of $1,964, a three month DUI school and only one day of SWAP in lieu of jail. This was a nice result because I was able to save the Client six months of DUI school, five months of additional license suspension/restriction with DMV and thousands of dollars. I'm sure not to hear from her again until she completes her probation in three years and we get the conviction expunged.
Contra Costa County Martinez DUI .10% BAC Second Offense DUI Probation Violation
Practice Area: Martinez DUI and DWI
Date: Jan 17, 2014
Outcome: DUI CHARGES DISMISSED & CASE REDUCED TO RECKLESS DRIVING
Description: This was one of those mornings....Contra Costa County can be one of the most taxing in the Bay Area for a DUI defense attorney. First of all, the District Attorney has one year from the date of the arrest to file a misdemeanor complaint against an alleged drunk driver. The defendant is almost always given a CITATION based on his promise to appear for ARRAIGNMENT on a set court date. In my experience, the District Attorney NEVER gets around to filing their misdemeanor complaint with the Clerk's Office prior to the arraignment date. As a result, the defendant (or myself), is required to spend a pointless morning going to court on the set arraignment date only to confirm that the case is "pending" and the District Attorney will notify the defendant when a case is filed against them. Contra Costa County is the ONLY District Attorney's Office in the Bay Area that has a policy of inaction such as this. Case in point: This client was arrested in January of 2013; the arraignment (first court date) wasn't completed until mid November 2013; and the first (and thankfully last) Pre-Trial Conference today (January 2014). This policy of delay is harmful and unjust to defendants charged with DUI in Contra Costa County like no other criminal defendant. DUI's, unlike other misdemeanor crimes, have a contemporaneous DMV case/suspension which usually inflicts its punishment PRIOR to the criminal case resolution. Since the delay in prosecution is often significant (10 months!), the client who has already served his or her full license suspension at DMV will get their license suspended a SECOND TIME based on the same case. The only way to get around this unintended double DMV punishment is to get the case dismissed or convince the District Attorney to reduce the charges. This can be a tall order. Not so today. Client was arrested for DUI by the San Ramon Police Department after making an illegal U-turn. His blood test came back at .10% BAC, but worse still, he was still on active DUI probation for a DUI conviction from another county. The DA's arraignment offer was plea to DUI and get 30 days jail among other evils. This given morning, however, a very fair and reasonable DA understood the dual DMV consequence issue and reduced the DUI to reckless driving while dismissing the DUI charges and probation outright. Client, (a younger adult still living at home and working full time) received a lesson and a greatly reduced sentence of two years informal court probation, fines around $1,600, 12 hour DUI school, and NO JAIL, SWAP OR COMMUNITY SERVICE. Client served full one year suspension of license based on DMV administrative hearing.
San Francisco DUI .06% BAC Under 21 Zero Tolerance First Offense DUI
Practice Area: San Francisco DUI and DWI
Date: Jan 17, 2014
Outcome: CASE DISMISSED
Description: Client cited for driving with a BAC in excess of .05%, but less than .08%. Either way, client looking at ONE YEAR hard suspension of his license. Today, I appeared in the traffic court on his behalf and the case was DISMISSED/INVALIDATED, due to a technical problem with the citation (Officer put wrong Vehicle Code section on the ticket)....Reminds me a little of Homer Simpson....Doh!
Alameda County Oakland Penal Code Section 647(f) Drunk in Public
Practice Area: Oakland Criminal defense
Date: Jan 08, 2014
Outcome: CASE DISMISSED
Description: A misdemeanor conviction for being drunk in public can be just as devastating to client as a DUI. Since the cases involve essentially the same issues as a DUI (minus driving of course), I am often retained by clients facing this misdemeanor charge. Case in point, client was arrested in Oakland outside a club by Oakland Police after an altercation. Client spent the night in jail and ended up with a misdemeanor case. Public Intoxication cases SHOULD BE FOUGHT. Unlike a DUI case where the client usually performs Field Sobriety Tests and either a breath or blood test, Public Intoxication cases are usually made on the subjective opinion of the arresting officer. Since Public Intoxication requires that the defendant be "unable to care for the safety of his or herself or others," it's very difficult for a District Attorney to prove beyond a reasonable doubt unanimously to a twelve person jury. Fortunately, this case didn't have to go that far and was DISMISSED.
Alameda County Oakland Petition for Early Termination of DUI Probation & Expungement
Practice Area: Oakland DUI and DWI
Date: Dec 30, 2013
Outcome: PETITION GRANTED: Probation Terminated and Conviction Expunged
Description: Client trusted me to represent him on two separate DUI matters and expungement of his first DUI conviction. In this case, client had five years of probation after second DUI conviction in three years. A young professional, he desperately needed off probation so he could expunge his DUI conviction and look for work. We petitioned the court for early termination but were denied. We didn't give up there, and we refiled and it was granted the second time around just in time for the New Year. I hope this fresh start guarantees that this client will never need my services again!
Alameda County Oakland DUI .08% BAC First Offense DUI
Practice Area: Oakland DUI and DWI
Date: Dec 12, 2013
Outcome: CASE DISMISSED
Description: Client was either the luckiest or unluckiest person depending on how you look at it. He was arrested for DUI by the CHP after being stopped by the CHP for speeding. Two breath tests and a blood test all came in at .08% BAC and the district attorney filed a complaint against him. After a retest of the blood sample which came back a .07% BAC. Faced with this evidence, the district attorney did the right thing and dismissed all charges.
San Francisco DUI .18% BAC First Offense DUI Collision High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Dec 09, 2013
Outcome: CASE DISMISSED
Description: Client was arrested by San Francisco Police for DUI after his vehicle was involved in a collision on Franklin Blvd. with a taxi cab. In a truly strange case, client's vehicle had been photographed two blocks before the collision by a red light camera which ostensibly showed that client's passenger, not client, was actually driving. The case was complicated by the very high BAC of .18% which probably influenced client to admit to driving when he actually did not. Through persistence and excellent investigation work by Alan McCann, the district attorney DISMISSED ALL CHARGES after facing the very real threat of jury trial. Although we felt the result should have happened a long time ago, the old saying all's well that ends well certainly reigns true here. Merry Christmas!
San Francisco Hit & Run Misdemeanor
Practice Area: San Francisco DUI and DWI
Date: Dec 04, 2013
Outcome: CASE DISMISSED for Restitution
Description: Client was involved in a collision in the early morning hours and made the decision to leave his vehicle at the scene. San Francisco Police investigated the matter and client was contacted days later and arrested for hit and run. I managed this case for several months working with the victims to make sure that client's insurance covered their losses. Today, over the District Attorney's objection, the case was deferred to Pre-Trial Diversion for a determination of restitution. Since all damages were covered by insurance, the case was effectively then DISMISSED.
San Francisco DUI .16% BAC First Offense DUI Collision High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Nov 19, 2013
Outcome: ENHANCEMENT DISMISSED: NO JAIL OR SWAP
Description: Client was arrested for DUI after a minor collision with a toll booth on Golden Gate Bridge. Although his blood test came back a .16% BAC, it took the District Attorney nearly ten months to file formal charges against him. In the meantime, client served his entire license suspension and even relocated to Los Angeles. Eventually, the DA filed a complaint alleging an enhancement for the high BAC and even asked for the full boat of punishment. I explained to the district attorney that their failure to promptly file charges had prejudiced my client, or at least made his original case far more expensive and inconvenient. After much hard lobbying on my client's behalf, the DA reluctantly agreed to a reduced sentence that included dismissal of the high BAC enhancement. Client received three years of informal court probation, fine of $1,850, three month DUI school and NO JAIL, SWAP or community service. Client's license suspended for four months and then later restricted for five months with enrollment in the DUI school and filing of an SR22.
Alameda County Pleasanton DUI .28% BAC First Offense DUI High BAC Enhancement
Practice Area: Pleasanton DUI and DWI
Date :Nov 19, 2013
Outcome: Enhancement Dismissed: 3 yrs Probation, $1,900 Fine, 9 Month DUI School, 2 SWAP
Description: It was perhaps a good thing that the CHP stopped this client just outside of Pleasanton for weaving around 4 in the morning as he fully intended to drive to Los Angeles. A later blood test returned a result of .28% BAC thus qualifying him for an excessive BAC enhancement. After several pre-trial hearings, I finally settled the case for this out of area defendant who received the minimum sentence of three years informal court probation, fine of $1,900, 9 month DUI School, one year of IID and two days of SWAP in lieu of actual jail. The enhancement was dismissed and client's license will be suspended for thirty days with nine months of restriction.
San Mateo County Redwood City DUI .23% BAC First Offense DUI High BAC Enhancement
Practice Area: Redwood City DUI and DWI
Date: Nov 14, 2013
Outcome: SENTENCE REDUCED: $226 FINE, 3 Month DUI School, NO JAIL or SWAP
Description: Client was an out of state resident who was only in California temporarily for work. He nevertheless needed to drive for his employment here and this was in doubt after his arrest for DUI by the CHP who observed him cross lanes to the shoulder dramatically when his tire blew out. A later blood test returned a .23% BAC thus qualifying client for high BAC enhancement and limitless sentencing horrors. Alcohol had been an issue for client for a long time and I think this was his "wake up call." I advised client to immediately enroll in and complete an outpatient alcohol treatment program and attend AA meetings regularly from his arrest in May to our Pre-Trial Conference today. Although the DA made us plea to the DUI with enhancement, the Judge was extremely lenient in light of the clients efforts at self help. In the end, client received a greatly reduced sentence of three years informal court probation, REDUCED fine of $226 (down from $1,900), a three month ONLINE DUI school (down from 9 month in person), and NO JAIL or SWAP (down from four day mandatory sentence in San Mateo County). Client's privilege to drive in California suspended for six months, but over all, the actual punitive consequences for this person with an admitted problem, were significantly reduced.
San Mateo County Redwood City DUI .12% BAC First Offense DUI
Practice Area: Redwood City DUI and DWI
Date: Nov 14, 2013
Outcome: Probation Granted: 3 yrs, $1,850 Fine, 3 month DUI School, 2 SWAP
Description: Client stopped by CHP on US 101 where his vehicle had broken down late in the night. Compounding his problem, a subsequent DUI investigation returned breath tests of .12% BAC. Client had previously been arrested for DUI in Oakland (Alameda County), but that case had been dismissed. Client did, however, suffer an administrative suspension at the DMV which meant that DMV would be treating this case as a second offense DUI. Today, I settled the criminal case with the DA for a minimum sentence, which was actually in doubt because the DA was well aware of the dismissed prior DUI. Client received three years of informal court probation, fine of approximately $1,850, three month DUI school and two days of SWAP in lieu of actual jail. Client's license suspended for one year.
Marin County DUI .21% BAC First Offense DUI Collision FELONY Child Endangerment
Practice Area: Fairfax DUI and DWI
Date: Oct 18, 2013
Outcome: FELONY CHARGES & ENHANCEMENT DISMISSED
.Description: Client is a single father who was staying over at his girlfriends house when a late night fight prompted his departure home with his eight year old daughter. Along the way, he collided with a fence causing moderate damage. Upon arriving home, he consumed additional alcohol. Fairfax police arrived and questioned him leading to a DUI arrest and blood test which came back a .21% BAC. Client ultimately charged with several crimes including DUI with high BAC enhancement AND a FELONY for child endangerment. Today, I helped this person move beyond this mistake in judgment without accepting a felony which would potentially ruin his life. ALL ENHANCEMENTS & FELONY CHARGES WERE DISMISSED. Client received very workable sentence of three years informal court probation, fine of $1,900, 9 month DUI school and four days of SWAP in lieu of actual jail. Clients license to be suspended for thirty days followed by ten months of restriction until he completes the DUI school with an SR22. This was an ugly case but in the end, all parties got what the wanted and a valuable lesson was learned.
Alameda County Oakland DUI .17% BAC First Offense DUI High BAC Enhancement
Practice Area: Oakland DUI and DWI
Date :Oct 17, 2013
Outcome: ENHANCEMENT DISMISSED. Probation Granted, 3 years, 3 month DUI school & 1 day SWAP
Description: Client was another recent college graduate who learned the hard way not to drive after drinking. Client stopped by the CHP on Interstate 80 for "weaving" after four in the morning and submitted to breath test which yielded a .17% BAC, more than twice the legal limit. Client subsequently charged with DUI and excessive BAC enhancement (greater than .15%). Not a lot to do here, but today we successfully mitigated the punishment by getting the enhancement dismissed and receiving the following minimal sentence of three years informal court probation, fine of $1,964, three month DUI school, and one day of SWAP in lieu of actual jail. Client's license suspended per conviction for thirty days and restricted for five months with filing of SR22 and installation of IID.
Alameda County Oakland DUI .12% First Offense DUI
Practice Area: Oakland DUI and DWI
Date: Oct 17, 2013
Outcome: DUI CHARGES DISMISSED. Case Reduced to Reckless Driving
Description: Client was a recent college graduate who was working two jobs and trying to figure out what to do now that her education was over. She had no criminal history, but on this occasion, went out in the City and had a few drinks before deciding that she was ok to drive back to the East Bay. On the way home, though, the CHP pulled her over for making "numerous lane changes" and speeding. After their investigation, a breath test revealed a .12% BAC and she was arrested and charged with DUI. Alameda County is part of the "pilot program" for the ignition interlock device ("IID") in California so anyone who is convicted of DUI in that county must have that device installed in their vehicle to reinstate their license. Besides the inconvenience, the IID is also costly. Thankfully, I was able to settle this case today for a good young person who made a mistake. In the end, the DUI charges were dismissed and we resolved the case for a conviction for reckless driving. Client received reduced sentence of two years informal court probation, fine of $1,023 and a three month DUI school. Client will likely lose her license for thirty days followed by a restricted license for five months. The Mandatory IID requirement is in my opinion, an example of taking a sledgehammer to thumbtack and I'm glad to have circumvented such a narrow minded piece of legislative overreach.
Contra Costa County Martinez DUI .14% BAC First Offense DUI
Practice Area: Concord DUI and DWI
Date: Oct 16, 2013
Outcome: Probation Granted: FINE REDUCED BY 50%, 3 Month DUI School and 2 SWAP
Description: Client was arrested by the CHP in Concord for failure to maintain his lane way back in December of 2012. Contra Costa County is by far the number one county in the Bay Area in terms of unreasonable prosecutorial delay. This case was no different as client had already suffered and served his entire DUI suspension from the DMV and even completed the three month DUI school ALL BEFORE we ever went to court. I pushed the district attorney to resolve this case for a reduction since client had really been prejudiced by their unreasonable delay. Of course, this argument fell upon deaf ears. Nevertheless, you don't get anything if you don't ask, SO...I made my grievance known to the judge who I've appeared before many times and know to be eminently fair and although he could not reduce the charges, he did reduce the fine from $1,900 to $1,000. I think I was the only lawyer in the busy courtroom to even request something like this and hopefully it won't become a trend! Today in Martinez we settled the case thus closing the book for my client who really wanted resolution but was denied that by a district attorney's office that is notorious for not getting their job done in a timely manner. Client received minimum three year probation, the aforementioned fine reduction, three month DUI school and two days of SWAP in lieu of actual jail. License was suspended for 30 days and restricted for 5 months.
San Mateo County Superior Court located at 1050 Mission Road in South San Francisco, CA.
San Francisco DUI 34% BAC First Offense DUI High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Oct 16, 2013
Outcome: ENHANCEMENT DISMISSED: Probation, Fine, 9 Month School & 6 SWAP
Description: Client was found asleep behind the wheel of her vehicle in Golden Gate Park by the San Francisco Park Police with a bottle of wine and vodka in her car. Although she actually parked her car to sleep because she knew she could not drive safely, the officers wrote up the police report as if she "crashed" her car into the side of the road, though there was no property damage to anything. In either event, a subsequent breath test returned an incredible .34% BAC, which is MORE THAN DOUBLE the amount of the current high BAC enhancement in California for DUI (.15%). I immediately recognized that while we may have a good DUI defense in the case, i.e. no driving & after driving drinking, the most important objective in this case was going to be treatment for this 20 something graduate student before it was too late. Due to her schedule, she could only check in to an outpatient rehab program but she did attend nearly 20 AA meetings as well. Today, we settled the case thus allowing the dark cloud above her to pass so she could continue with her rehabilitation. The high BAC enhancement was dismissed and client received manageable sentence of minimum three years informal court probation, fine of $1,850, 9 month DUI school and which will end up being 6 days of SWAP in lieu of actual jail. Client's license to be suspended for 30 days followed by ten months of restricted driving.
San Francisco DUI .09% BAC First Offense DUI
Practice Area: San Francisco DUI and DWI
Date: Oct 16, 2013
Outcome: DUI CHARGES DISMISSED. Case Reduced to Reckless Driving
Description: Client was in his 40's with no criminal record and had the unfortunate experience of being stopped by the CHP while driving in San Francisco. Usually, clients get DUI's from the CHP, but it happens on the freeways. Every now and then, people are stopped while driving in the City proper but near the freeway entry. So it was for this client was arrested for DUI after being stopped for a non-functioning license plate light. Although his breath tests were low, i.e. .08% to .09% BAC, client did not want to fight his case and instructed me to negotiate the best possible outcome. Today in Department 17 we settled his case for a dismissal of all DUI charges in exchange for a plea to reckless driving. Client received highly reduced sentence of 18 months informal court probation, a fine of $833 and a 12 hour DUI school. Had he been convicted of DUI his fine and DUI school would have doubled and he likely would be required to serve some jail time on the SWAP program. Client's license will likely be suspended for four months, but with DMV hearing pending, I'm hopeful we can save his license and avoid the additional cost of an SR22.
Alameda County Fremont DUI .13% BAC First Offense DUI
Practice Area: Fremont DUI and DWI
Date: Oct 10, 2013
Outcome: DUI CHARGES DISMISSED. CASE REDUCED TO RECKLESS DRIVING
Description: Again, client was a forty something professional who attended a rock concert at Shoreline and drove home. Although he didn't drink much at the show, he did make the bad decision to take "one for the road" and was stopped by the California Highway Patrol for speeding 84 mph in a 65 mph zone. Preliminary breath tests revealed a .09% BAC, but a subsequent blood test came back a whopping .13% BAC, which was problematic considering that all individuals convicted of DUI in Alameda County are required to install an ignition interlock device "IID" in order to reinstate their license. The district attorney and court were surprisingly understanding, however, and by working within the system, I was able to negotiate a favorable result for the client. The district attorney agreed to dismiss the DUI charges and client accepted a plea to reckless driving for a greatly reduced sentence of three years informal court probation, fine of $970 and a three month DUI school. Client was happy not to get any community service, jail or SWAP, but even more grateful that an IID will not be required. This conviction did not suspend client's license, but he'll likely suffer a thirty day administrative suspension with five months of restriction with filing of SR22.
San Mateo County Redwood City DUI .11% BAC First Offense DUI
Practice Area: San Mateo DUI and DWI
Date: Oct 09, 2013
Outcome: DUI CHARGES DISMISSED. CASE REDUCED TO RECKLESS DRIVING
Description: Client encountered the CHP after his vehicle became disabled along the side of Southbound 101. A preliminary breath test revealed a .11% BAC and he was subsequently arrested for DUI. A breath test at the station came in at .09% BAC, which gave us an opportunity to settle the case for a reduced charge. Today, a Pre-Trial Conference lasted nearly five hours in the "consolidated" San Mateo County Court, but the result was worth the wait. The District Attorney reduced the offense to reckless driving and client received a reduced sentence of two years informal court probation, fine of about $1,500 and a 12 hour DUI school. Client's DMV hearing remains pending since this reduction did not result in a mandatory suspension of his license. As the officer did not establish time of driving, he has been subpoenaed for this administrative hearing and I'm hopeful that we can be successful and avoid a license suspension, three month DUI school and the SR22 filing requirement.
San Francisco Petition for Early Termination of DUI Probation & Expungement
Practice Area: San Francisco DUI and DWI
Date: Oct 09, 2013
Outcome: PETITION GRANTED: Probation Terminated and Conviction Expunged
Description: Client suffered a prior conviction for reckless driving which had been reduced from an original DUI charge in 2012. Although his probation was not scheduled to end until 2014, he needed a clean criminal record to compete for a new job. These petitions are difficult to win because the district attorney usually wants probationers to complete their full sentence, no matter what. Since this was a San Francisco petition, I figured our chances were 50/50 at best. At the end of today, though, it was 100% as the application for early termination was granted thus allowing us to obtain an expungement of the conviction thus leveling the playing field for my client's reentry into the employment market. Some days in court, everything just goes right!
San Francisco Traffic Bench Trial
Practice Area: San Francisco Criminal defense
Date: Oct 09, 2013
Outcome: ALL CHARGES DISMISSED
Description: I don't normally handle basic traffic matters, but when I do, I like to win. This case was for a former client who was stopped by the San Francisco Police Department for an illegal left turn while riding his motorcycle. Client was cited for driving without a motorcycle license, no registration and the traffic violation. From the outset, I encouraged client to obtain his motorcycle license to be in compliance with the law and in hopes of getting the case dismissed. Doing the right thing should count for something, and in this case I appeared in Courtroom A today and gratefully accepted a dismissal of all charges saving the client over $1,000 not including the potentially negative DMV consequences.
San Francisco DUI .09% BAC First Offense DUI
Practice Area: San Francisco DUI and DWI
Date: Oct 09, 2013
Outcome: DUI CHARGES DISMISSED. CASE REDUCED TO RECKLESS DRIVING
Description: In Chinese culture the number nine is considered lucky. Not so in DUI defense. Client was a forty something professional, married with a young child when he was stopped by the California Highway Patrol for speeding. Preliminary and evidential breath tests all came back a .09% BAC and he was arrested and charged with a DUI. Although there were some issues that could have been raised at trial, client was content to resolve his case for minimal punishment. Thankfully, I was able to help make this happen today at the Hall of Justice. All DUI charges and the separate speeding infraction were dismissed and client accepted plea deal for reckless driving. Client received greatly reduced sentence of 18 months of informal court probation, three month DUI school and fine of $833. Client was sentenced to NO JAIL OR COMMUNITY SERVICE and this deal saved him $1,000's. Client's license likely to be suspended by the DMV for thirty days with ability to obtain a restricted license for work purposes with the filing of an SR22. While the sentence may seem light, anyone who's spent an evening at 850 Bryant Street knows that one night in jail can be punishment enough, especially if the person never offends again as this client is likely to do.
San Mateo County Redwood City DUI .15% BAC First Offense DUI High BAC Enhancement
Practice Area: Pacifica DUI and DWI
Date: Oct 07, 2013
Outcome: Probation Granted: Three Years Probation, Fine $1,079, 3 Month DUI School & 2 SWAP
Description: Client is a graduate student looking to move out of the Bay Area for continued education, but had a hiccup along the way. Client was stopped by the Pacifica Police Department for speeding and a subsequent breath test came back a .15% BAC resulting in his arrest for DUI. Since Client was leaving the state, I advised him to enroll early in the DUI school so he could complete before he leaves thus saving him a major license nightmare. Today, we settled his criminal case and remarkable the judge gave him a substantial fine discount for enrolling the DUI school early. Client received three years informal court probation, REDUCED FINE OF $1,079, three month DUI school and two days of SWAP in lieu of actual jail. In the end, client was able to resolve his case and I'm happy to have helped him make this mistake part of his past rather than his future.
San Francisco DUI .14% BAC First Offense DUI
Practice Area: San Francisco DUI and DWI
Date: Oct 07, 2013
Outcome: DUI CHARGES DISMISSED. CASE REDUCED TO RECKLESS DRIVING
Description: I believe that first offense DUI cases can come in all different shapes and colors. They are all basically the same mistake, just repeated by different individuals in differing circumstances. Today's case in Department 17 was no exception. My client, who was in his mid 60's, had no criminal record his entire life only to make the mistake of driving after drinking on his way home to San Jose. CHP stopped him for weaving and a breath test revealed the damming evidence: .14% BAC. Now, client really needs his driver's license so that he can work and care for his elderly parents. In order to have a chance at the DMV, we had to first get the DUI charges dismissed. After some coaxing, the District Attorney agreed to dismiss the DUI charges and the case settled for a reckless driving plea. Client's sentence was reduced, i.e., three years informal court probation, NO JAIL OR SWAP, a three month DUI school and fine of only $863. The reckless driving conviction does not result in a mandatory license suspension, so now I'm in a position to get him through the holidays driving his family and still have a chance to avoid the actual suspension altogether. Since .14's don't usually get reductions, I'm happy to report that spending your entire life crime free still means something in San Francisco, even if your first "crime" is a DUI.
Marin County DUI .10% BAC First Offense DUI
Practice Area: Novato DUI and DWI
Date: Sep 13, 2013
Outcome: Probation Granted: 3 yrs, Fine $1850, 3 M DUI School & NO JAIL OR SWAP
Description: Client was an out of state resident who was visiting San Rafael for work. Client had a couple of beers at Viking Bar and then drove home to his hotel forgetting that his headlights were not on in his unfamiliar rental car. Stopped by Novato Police Department, he passed all field sobriety tests but his blood test came back a .10% BAC. Although we had a good "rising BAC" defense, Client didn't want the time or risk of a jury trial, so he accepte3d a negotiated disposition which allowed him to complete everything in Idaho. Client received three years informal court probation, fine of $1,800, NO JAIL, SWAP OR COMMUNITY SERVICE, and completion of a little know correspondence DUI school to satisfy the court. As an out of stater, he'll need to physically complete the California DUI school to reinstate or serve the entire six month suspension with submission of an SR22 and an out of state waiver packet.
Alameda County Oakland DUI .09% BAC First Offense DUI
Practice Area: Oakland DUI and DWI
Date: Sep 09, 2013
Outcome: DUI CHARGES DISMISSED. NO CRIMINAL PENALTY
Description: Client was a younger female who stopped off of I 880 after she tried to make a last minute turn for an exit and shredded her tires out. CHIP arrived shortly thereafter and she submitted to a series of breath tests ranting from .08% BAC to .11% BAC. Although she was arrested for DUI, I was able to convince the District Attorney to DISMISS ALL CRIMINAL CHARGES. However, the DMV was not so generous. She ended up losing her license administratively for four months. After four months, she can get her full license reinstated with an SR22. Since she was leaving the country anyway, it really worked out and I'm certain that although she received no punishment, that she learned a valuable lesson and won't be a repeat customer.
Alameda County Pleasanton DUI .10% BAC First Offense DUI
Practice Area: Pleasanton DUI and DWI
Date: Sep 05, 2013
Outcome: DUI CHARGES DISMISSED: NO LICENSE SUSPENSION, $$$ SAVED
Description: This was a highly rewarding result on many levels. First of all, client was a good hard working guy with no criminal history whatsoever who thought he was ok to drive home after drinking with dinner. On his way home, he was cut off by an over aggressive driver causing his to slam on his brakes. Of course, the California Highway Patrol pulled over my client and his wife who was also in the car. Although he performed excellent of the Field Sobriety Tests ("FSTS"), the truth is that these young CHP officers frankly use these tests just to build evidence, not to fairly evaluate intoxication. The breath tests, though, came in at .09% and .07% BAC and then the blood ultimately .10% BAC. Client was honest and told CHP he recently consumed alcohol which gave us a likely "rising BAC" defense. Anyway, with the case in Pleasanton, which has a history of being the strictest court in Alameda County, it seemed likely that the client would indeed be convicted of a DUI or at least reckless driving. Today, I surprised myself in negotiating with a surprisingly fair and friendly Deputy District Attorney for a DISMISSAL OF ALL DUI CHARGES, for plea to misdemeanor reckless driving with three years probation, fine of $915 and a 12 hour DUI school. DA agreed to hold bench trial on the 23152(b) charge which resulted in an acquittal. Otherwise known as a Helmandollar Plea, this elusive result meant that client suffered NO LICENSE SUSPENSION, NO SR 22 REQUIREMENT, NO THREE MONTH DUI SCHOOL AND LASTLY NO IGNITION INTERLOCK DEVICE "IID". Today's deal will end up saving the client upward of $10,000, not to mention the hassle. Client's newly married and starting his life, so it's extremely rewarding to work hard and get him a break so this won't ever happen again.
San Francisco DUI .22% BAC Second Offense DUI Probation Violation High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Sep 04, 2013
Outcome: ENHANCEMENT & PROBATION VIOLATION DISMISSED
Description: A straightforward case which took nearly five months to resolve, Client has been previously convicted of DUI in 2009 and was still on a five year grant of probation when she drove on the Bay Bridge with an expired registration sticker and NO LICENSE. Case filed as second offense with high BAC and probation violation. After several pre-trial conferences, I was able to negotiate an acceptable disposition: client pled to DUI only with the prior offense. Driving on Suspended License and Probation Violations were dismissed. Client received five years formal probation, fines of $2,150, 18 month DUI school and one year of ignition interlock device ("IID"). Client had actually been detained for a third DUI before this case and Alameda County dismissed. She refused chemical test on that case, however, and as a result suffered a two year hard suspension with no ability for a restricted license. NEVER REFUSE A BREATH TEST ON A SECOND OR SUBSEQUENT DUI.
Alameda County Oakland DUI .21% BAC Second Offense DUI Collision High BAC Enhancement
Practice Area: Berkeley DUI and DWI
Date: Aug 23, 2013
Outcome:1ST OFFENSE DUI SETTLEMENT & ENHANCEMENT DISMISSED
Description: Again, it's not always what you know but who you know. I had the difficult task of trying to resolve this case for a client who was leaving the very next day to move out of state. I've said before that I love my job, I think it's these daily challenges that fuel that fire. Client had been arrested by the Berkeley Police Department after an air bag deployed vehicle collision. A breath test of ..21% BAC was hurdle enough, but client had also recently suffered a DUI conviction out of state. In a true "Friday" deal, I negotiated a settlement for dismissal of the high BAC enhancement, three years informal court probation, a DUI school (3 month) only if she returns to California (so de facto no school at all) and we even stipulated as to credit for time served so the client simply paid the fine of $1,963 in court and the entire case was resolved without any jail or community service . It was a win/win and everyone was happy....including me!
Alameda County Oakland DUI First Offense DUI Drugs Ecstasy
Practice Area: Oakland DUI and DWI
Date: Aug 23, 2013
Outcome: DUI CHARGES DISMISSED: CASE REDUCED TO "DRY" RECKLESS
Description: Client was a young girl who consumed ecstasy with friends at a San Francisco club and then attempted to drive home to the East Bay....Strangely enough, there happened to be CHP vehicles patrolling the Bay Bridge and she was stopped for weaving and speed. Her breath test came in a 0.0, which is the worst number you can get after two a.m. after being stopped, and the officers immediately suspected drug use which was confirmed by the client's ill advised confession. Oakland is a favorable court and the district attorneys actually use discretion to resolve cases, especially ones like this that don't involve an alcohol test. That said, we settled the case without trial for a dismissal of all DUI charges. Client accepted a deal for DRY RECKLESS and received derisory sentence of two years probation, fine of $523. NO DUI SCHOOL, NO SUSPENSION, NO SWAP AND SHE SAVED LITERALLY $1,000'S (MORE LIKE $5000), which helps because she wants to join the Navy. So glad I could help a nice kid who made a dumb mistake. With this result, I may have been able to help a young person join the NAVY, making a difference in her life and our country. Some days if really feels good to be a DUI attorney!
Alameda County Hayward DUI .23% BAC First Offense DUI High BAC Enhancement
Practice Area: Hayward DUI and DWI
Date: Aug 22, 2013
Outcome: ENHANCEMENT DISMISSED: 3 MONTH DUI SCHOOL
Description: Client was really unlucky here. After being stopped by the CHP on I880 for failure to maintain her lane, client submitted to breath tests yielding a .19% BAC result. Client then invoked her right to a blood test to be preserved for future testing. The blood result came back a .23% BAC, thus qualifying her for the punishment horrors of a >.20% BAC case. Upon my suggestion, we retested the blood and got a result of .17% BAC. Ultimately, client settled the case at the second pre-trial conference for minimum sentence of three years informal court probation, fine of $1,933, 3 MONTH DUI SCHOOL, and community service instead of jail because she lived in Northern California. The DA was quite reasonable and client's license will be suspended for thirty days and restricted for five months with an Ignition Interlock Device ("IID")
Alameda County Hayward DUI .19% BAC First Offense DUI FELONY Evading High BAC Enhancement
Practice Area: Hayward DUI and DWI
Date: Aug 22, 2013
Outcome: ENHANCEMENT AND EVASION CHARGES DISMISSED FOR MINIMUM SENTENCE
Description: Client was considerably drunk when the CHP observed his vehicle off the roadway and stuck in the mud. Client never saw the CHP and drove away causing the CHP to charge him with the additional more serious charge of evading a police officer. Complicating matters was that client's blood test came back a .19%, qualifying him for a special enhancement for high blood alcohol. Client was a contractor and his license was critical for work. We went to the first pre-trial conference and were basically stonewalled by an unreasonable and inexperienced district attorney. Unlike most lawyers who would have compelled the client to accept the offer or plead guilty, I continued the pre-trial to a new date and today we settled the case for a dismissal of the high BAC enhancement and the separate charge of evasion. Client received greatly reduced sentence thus saving him thousands of dollars. Client received three years of court probation, fine of $1,963, only a 3 month DUI school and nine days of community service (SWAP) in lieu of actual jail. Client suffered actual suspension of two weeks followed by a restricted license for five months with an SR22 and installation of an ignition interlock device ("IID") which is mandatory on all DUI convictions in Alameda County. Good result, but it didn't happen on the first day!
Alameda County Oakland DUI .13% BAC First Offense DUI Collision
Practice Area: Berkeley DUI and DWI
Date: Aug 13, 2013
Outcome: DUI CHARGES DISMISSED: CASE REDUCED TO RECKLESS DRIVING
Description: Driving after drinking is ALWAYS a bad idea, but what about when you're in a collision and it's not even your fault? This client, an upstanding student at UC Berkeley, was driving home from San Francisco when another vehicle hydroplaned out of control and crashed into her. Fortunately, no one was hurt, but since my client's blood result came in at .13% BAC (PAS higher a .14% BAC), she certainly would have been to blame had the worst occurred. Nevertheless, she remained charged with a DUI misdemeanor in Alameda County and that conviction meant a guaranteed ignition interlock device ("IID"). Apparently, college students don't have a lot of money, so minimizing this case for her was critical. Thankfully, my arguments did not fall on deaf ears and the District Attorney agreed to dismiss the DUI in exchange for a plea to misdemeanor reckless driving, which had a significantly lower punishment and financial burden. Client received two years of informal probation (instead of 3), paid a fine in the amount of $1,033, (Instead of $2,000), received NO JAIL, SWAP OR COMMUNITY SERVICE (Usually 2 to 10 days and about $300); and only the 12 hour DUI School compared to the 3 month program (another $300 savings). The bottom line was that the savings alone paid for the representation. Not every case is like this one and the result was both exceptional and hard earned, but I can assure that she had piece of mind throughout the entire process. With no car after the collision, client opted for four month license suspension with reinstatement after filing of SR22.
San Mateo County Redwood City DUI .18% BAC Second Offense DUI High BAC Enhancement
Practice Area: Daly City DUI and DWI
Date: Jul 30, 2013
Outcome: SECOND DUI OFFENSE DUI SETTLES FOR A 1ST OFFENSE DUI
Description: Sometimes, a good strategy and a little experience will go a long way. Client picked up this high BAC second offense DUI in Daly City on Super Bowl Sunday. In San Mateo County, the punishment for a second offense is very stiff. In either event, I noted that the District Attorney failed to file the prior offense in the complaint. We seized on the opportunity and settled the case as a first offense, heck we even got the high BAC enhancement dismissed. Client received minimal sentence of three years court probation, fine of $1,863, THREE MONTH DUI SCHOOL and only two days of SWAP in lieu of jail. DMV didn't miss the prior though, and extended a one year license suspension.
San Mateo County Redwood City DUI .15% BAC Second Offense DUI High BAC Excessive Speed Enhancements
Practice Area: Redwood City DUI and DWI
Date: Jul 30, 2013
Outcome: ENHANCEMENT DISMISSED: 3 Yrs Probation, Fine of $1,900, 18 Mo DUI School; 29 Days SWAP (NO JAIL)
Description: Truly, the punishment jumps substantially on a second DUI, especially in San Mateo County. Today, I helped a young man who had been convicted of DUI in 2009 with a high BAC case (.15%) which resulted from being stopped by the CHP on US 101 speeding at 2 a.m. Over all, a dumb mistake by the client, but with his negotiated settlement, hopefully he'll learn his lesson. Negotiated settlement for minimum three years informal court probation, fine of about $1,900, 18 month DUI School and although DA wanted ignition interlock device ("IID"), for two years, was able to skillfully get that probationary requirement dismissed. NO JAIL FOR THIS CLIENT, but he'll have to wait 90 days to get a restricted license and will need the IID for reinstatement as a second DUI Conviction results in a two year mandatory suspension. Not every case is a dismissal, but every case needs proper management and minimization of punishment: both goals were obtained here at the special enhancement for high blood alcohol was dismissed.
San Mateo County Redwood City DUI .10% BAC First Offense DUI under 21 Zero Tolerance
Practice Area: Foster City DUI and DWI
Date: Jul 17, 2013
Outcome :DUI CHARGES DISMISSED: CASE REDUCED TO RECKLESS DRIVING
Description: Well, while positive word of mouth via the internet (except yelp which is just a sounding board for bored lawyers to slander others with fake reviews in hopes of finding work) is my primary source of clients, the REFERRAL from a former client is always the most rewarding. Case in point: I ended up representing about six different youngsters all students at Diablo Valley College this past year and a half. I worked hard and obtained great results for all of them, to it was natural for their 19 year old friend here to hire me for his .10% BAC 1st Offense DUI in San Mateo County. Although the legal limit for under 21 is .00%, I still negotiated a reduction to reckless driving (after all he was speeding), thus limiting his punishment to two years of probation, fine of about $1,000, and a 12 hour DUI school. The reduction savings literally paid my fee. On top, I appeared several times to get this deal done and managed this case for the client while he was out of the country providing excellent service as well. Ultimately, he lost his license for one full year (no restriction), but he will reinstate with just an SR22 because he was not convicted of the more serious DUI!
Alameda County Oakland DUI .10% BAC First Offense DUI Collision
Practice Area: Oakland DUI and DWI
Date: Jul 10, 2013
Outcome: DUI DISMISSED & DMV "SET ASIDE": Case Reduced to Reckless Driving
Description: Client was involved in a property damage only collision late in the evening on Interstate 80. With no criminal history, it client faced DUI charges after blowing a .10% BAC test. Today, we helped this person get back on track be negotiating a reduction of the DUI to reckless driving. Client received reduced sentence of two years court probation, fine of $1,023, a twelve hour DUI school and no jail or SWAP. This was a excellent result as we simultaneously won a "set aside" of the license suspension saving the client's license and literally thousands of dollars.
Alameda County Oakland DUI .10% BAC First Offense DUI
Practice Area: Oakland DUI and DWI
Date: Jul 10, 2013
Outcome: DUI CHARGES DISMISSED: NO LICENSE SUSPENSION
Description: Client was a nice professional in her 40s with no criminal record. She was stopped by CHP for weaving on I 80 and breath tests ranged from .08% to .10%. Today, we obtained an excellent result as the DUI charges were dismissed and she pled to reckless driving for a substantially lower penalty: two years court probation, fine of $1,023 and a 12 hour DUI school. We held a bench trial on her misdemeanor for driving with a .08% BAC or more which resulted in an ACQUITTAL, thus NO DMV SUSPENSION AT ALL, NO SR22, NO IID AND Countless $1,000's saved. It couldn't have happened to a better client!
San Mateo County DUI .17% BAC Second Offense DUI High BAC Enhancement
Practice Area: San Bruno DUI and DWI
Date: Jun 28, 2013
Outcome: ENHANCEMENT DISMISSED: 3 Yrs Probation, $1,850 Fine, 18 m School & 29 SWAP
Description :Client had suffered a prior DUI conviction in 2006 as was then picked up in San Mateo County by the San Bruno Police Department for failure to stop at a sign. Client from Southern California so his driving privilege was critical. After several pre-trial hearings we successfully settled his case with him Never appearing in court. The special enhancement was dismissed and client received minimum three years informal probation, 18 month DUI school and thirty days of community service to be completed in Southern California. Ultimately, we helped client manage his out of area case and even settled the case on his behalf without him ever needing to appear in court. Client received three years probation, fine of about $2000, 18 moth DUI school and eligibility for a restricted license after 90 days with installation of an ignition interlock device ("IID"). Saved client thousands of dollars and a major headache.
San Mateo County DUI .16% BAC First Offense DUI High BAC Enhancement
Practice Area: South San Francisco DUI and DWI
Date: Jun 28, 2013
Outcome: ENHANCEMENT DISMISSED: 3 Yrs Probation, $1,850 Fine, 3 m School & 2 SWAP
Description: In one of my last cases at the old court house in South San Francisco, I successfully helped this professional settle his first offense DUI in which he was stopped by South San Francisco Police Department for driving in two lanes. Breath test came in at .16% BAC or twice the legal limit. Client lived out of the area, so I managed his case for him and ultimately settled it for a dismissal of the high BAC enhancement (<.15%) and minimum DUI terms: three years informal court probation, three month DUI school, fine of $1,850 and two days of community services in lieu of any actual jail. License suspended for thirty days and restricted for five months.
Santa Clara County Palo Alto DUI .09% BAC First Offense DUI
Practice Area: Mountain View DUI and DWI
Date: Jun 20, 2013
Outcome: DUI Dismissed. Case Reduced to Reckless Driving
Description: Client was an out of state visitor who was pulled over by the Mountain View Police Department for weaving and remaining stopped at a green light. Client had consumed some alcohol before driving but his subsequent blood test came back a .09% BAC. The difference between a DUI and a reduction to Reckless Driving is huge, but especially so for an out of state defendant in the notoriously conservative Santa Clara County. Not deterred, we successfully settled the case today for a dismissal of the DUI and a plea to reckless driving. Client received three years of informal court probation, fine of about $1,400 and a three month DUI school which he can do online. Because of the reduction, client received NO JAIL or SWAP and didn't have to return the 3000 miles from his home state once to appear in this case. I'm sure he learned a valuable lesson and all is well that ends well.
Alameda County Hayward DUI .12% BAC Third Offense DUI
Practice Area: Hayward DUI and DWI
Date: Jun 13, 2013
Outcome: PRIOR STRICKEN & NO JAIL
Description: Client had two prior DUI convictions when he was arrested for his third offense by the CHP after being caught speeding on I-880. Later blood test returned a result of .12% BAC. DA charged client with DUI and two priors, however, one of the priors was a mistake and could not have been committed by client. Today, we skillfully settled the case after obtaining the DA's consent to dismiss one of the priors. Client went from looking at about six months in jail to receiving a modest sentence of three years informal court probation, fine of $1,914, 18 month DUI school and only nine days of SWAP in lieu of actual jail. NO JAIL TIME ON A THIRD OFFENSE IS REMARKABLE.
Alameda County Hayward DUI .11% BAC First Offense DUI
Practice Area: Hayward DUI and DWI
Date: Jun 13, 2013
Outcome: DUI CHARGES DISMISSED. CASE REDUCED TO RECKLESS DRIVING
Description: Client was a professional in his early 20s who was stopped by the California Highway Patrol for a broken tail light and excessive window tint on I-880 near Hayward. Client ultimately arrested for his first DUI and a blood test returned a result of .11% BAC. While a .11% BAC is most of the time a DUI conviction, we were able to get the DUI charges dismissed this morning based on our retest of the blood sample which came back a .09% BAC. Accordingly, the client was convicted of the lesser charge of reckless driving which greatly reduced his sentence as in Alameda County all DUI convictions require the ignition interlock device ("IID"). Client received three years informal court probation, fine of $932 (down $1,000 from DUI), 12 hour DUI school (down from 3 month for DUI) and NO JAIL OR SWAP. Client's license likely to be suspended by DMV, but no suspension at this point from the conviction. Client learned a valuable lesson from this arrest and isn't "getting off," instead, I was able to negotiate an ending for both client and State which satisfied everyone.
Alameda County Hayward DUI .15% BAC First Offense DUI High BAC Enhancement
Practice Area: Hayward DUI and DWI
Date: Jun 13, 2013
Outcome: Probation Granted: 3yr, $1963 Fine, 3m DUI School, 1d SWAP
Description: Client was a San Francisco professional who picked up his first DUI just after turning thirty. Client was stopped by the CHP for weaving and failure to maintain his lane on I-580. The DUI investigation that followed included a breath test reading of .15% BAC. Today, we tried our best for a reckless driving reduction but accepted the minimum offer for the DUI as the breath test numbers were just too high for the district attorney to make a reduction. Client received minimum sentence of three years informal court probation, fine of $1,963, three month DUI school and only one day of SWAP in lieu of actual jail. Unfortunately due to the DUI conviction in Alameda County, client will have to install an ignition interlock device ("IID") in his vehicle for five months before DMV will grant a restricted license.
San Francisco DUI .18% BAC First Offense DUI High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Jun 12, 2013
Outcome: ENHANCEMENT DISMISSED. Probation Granted: 3yr, $1864 Fine, 3 SWAP, 3m DUI School
Description: Client was stopped by the CHP for speeding and weaving in the early hours on the San Francisco Bay Bridge. Client submitted to a breath test which returned a result greater than twice the legal limit at .18% BAC. Like most first offenders, client readily admitted that he made a mistake, but now faced an enhanced DUI with additional penalties. Today we resolved his case for minimum penalty: ENHANCEMENT DISMISSED, three years informal court probation, three actual days of SWAP in lieu of jail, and three month DUI school. Clients license likely restricted for five months following thirty days of actual suspension. Case closed.
Alameda County Oakland DUI .31% BAC First Offense DUI Hit and Run Collison High BAC Enhancement
Practice Area: Oakland DUI and DWI
Date: Jun 05, 2013
Outcome: Hit & Run and Special Enhancement DISMISSED. NO JAIL OR SWAP
Description: Client was a mid 40's professional who clearly had too much to drink. Ironically though, it was the client was rear-ended by another driver following too closely. Client stopped to exchange information, but soon left when it became clear that the collision location was too dangerous on the freeway and decided to leave. The California Highway Patrol arrived at client's home and arrested client for DUI with a blood test that came in a whopping .31% BAC. Client was charged with enhanced DUI and hit and run. Today, I settled the case for this person for three years court probation, fine of $1,964, nine month DUI school and NO JAIL, SWAP OR COMMUNITY SERVICE. Client's license to be suspended for ten months but eligible for a restricted license with installation of ignition interlock device ("IID").
San Francisco DUI .13% BAC First Offense DUI
Practice Area: San Francisco DUI and DWI
Date: Jun 03, 2013
Outcome: DUI CHARGES DISMISSED. CASE REDUCED TO RECKLESS DRIVING
Description: Client was stopped for speeding on the Bay Bridge for CHP and later submits to breath test which comes in a .13% BAC. Client was at first hesitant to hire a lawyer as he believed his fate was set in stone and that it would just cost additional money. Although I believe a DUI attorney earns the fee through dedicated representation, it should always be a goal to make it financially smart for the client as well. Today, I proved that point by helping client settle the case for a dismissal of the DUI charges in exchange for a plea to reckless driving. It wasn't easy and the DA held the line on some key components of the sentence, but in the end, the client benefited from my representation as seen in the sentence: three years informal court probation, fine of $868 (down from nearly $1,900 for the DUI), NO JAIL, SWAP OR COMMMUNITY SERVICE, and a three month DUI school. Client's license not immediately suspended by the conviction but likely will be at the APS hearing at DMV Driver Safety. Ultimately looking at thirty days suspension followed by five months restriction.
San Francisco DUI .13% BAC First Offense DUI
Practice Area: DUI and DWI
Date: Jun 03, 2013
Outcome: DUI CHARGES DISMISSED. CASE REDUCED TO RECKLESS DRIVING
Description: Well in a two for one day, I had ended up OK. Client was stopped by CHP on the Bay Bridge for driving too slowly through the S curve and she later blew a .13% BAC. Client was a petite woman in her 40s and a mother of a teenage daughter. With no criminal record whatsoever, she deserved a reduction of the DUI case. Today, after much debate with the Department 17 district attorney, we achieved that result and client ultimately pled "no contest" to reckless driving and received a reduced sentence of three years informal court probation, fine of $864, three month DUI school and NO JAIL OR SWAP. Client's license to be suspended for four months due to conviction. Normal DUI conviction suspensions are five months. Since client will be gone for two months, the option to serve a two month actual suspension was more attractive that the one month suspension followed by five months restricted with filing of SR22.
San Francisco DUI .22% BAC Second Offense DUI Collision High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: May 29, 2013
Outcome: Probation Granted, 16 Days SWAP, 18 Month DUI School: NO ACTUAL JAIL
Description: Client had been arrested five days previously for DUI and had a .30% BAC blood test. On this occasion, client blew a .22% BAC and collided with a parked car causing clients vehicle to pop to two wheels. Today, the court ordered clients remand into custody and bail of $200,000. While it's true that client had demonstrated poor decision making, client was still a nearly 50 year old professional with no criminal history. Moreover client had begun alcohol treatment and therapy. With the remand order, we needed to work on our toes and we managed to salvage a global settlement for both DUI cases that avoided actual jail time. Ultimately, client received 16 days of SWAP in lieu of jail, five years of adult probation, fines totaling $3,850, 18 month DUI school and one year of an ignition interlock device ("IID"). Client's license to be suspended for 90 actual days followed by 21 months of restriction with an SR22, IID and $125 fee.
San Francisco DUI .30% BAC First Offense DUI High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: May 29, 2013
Outcome: Probation Granted, No Actual Jail Time
Description: Client was stopped by San Francisco Police after failing to stop at two stop signs. When police approached, they found a heavily intoxicated professional who was dealing with personal issues that led to substantial drinking. This would have been bad enough, but client was arrested again for DUI five days later....so see my other case of this date for outcome
Contra Costa County Walnut Creek DUI .15% BAC First Offense DUI High BAC Enhancement
Practice Area: Hercules DUI and DWI
Date: May 27, 2013
Outcome: DMV HEARING SET ASIDE AND NO CRIMINAL CONVICTION
Description: Client arrested by Hercules Police Department for DUI after he had pulled over into a parking lot to make a cell phone call. Subsequent blood test came back a .15% BAC. Client traveled to numerous locations for his work and his license was critical. Although I would have never thought it would happen when I first screened the case, WE WON THE DMV HEARING, with a solid investigation by Alan McCann and expert testimony. The District Attorney's Office in the meantime, failed to file charges within the one year statute of limitations and now with the DMV win, Client will avoid a conviction, fine, suspension and basically the DUI altogether.
Marin County Speeding Infraction Trial
Practice Area: San Rafael Speeding and traffic ticket
Date: May 20, 2013
Outcome: CASE DISMISSED
Description: Client was simultaneously being represented by me in a DUI case out of Alameda County in Hayward. She picked up this speeding ticket on the Golden Gate Bridge and I took on the representation to help her avoid an additional point which would have likely resulted in a Negligent Operator DMV suspension. Today, the case went to bench trial and was dismissed saving the client nearly $1,000 in fines, suspension and increased insurance premiums.
Alameda County Oakland Minor in Possession of Alcohol Misdemeanor
Practice Area: Berkeley Criminal defense
Date: May 16, 2013
Outcome: CASE DISMISSED
Description: Client was a freshman student at USF who was allegedly caught with alcohol at a fraternity party in Berkeley. Facing a misdemeanor conviction and a potential one year license suspension, we took the case to trial and ultimately were successful as all charges were dismissed.
Alameda County Oakland Minor in Possession of Alcohol Misdemeanor
Practice Area: Berkeley Criminal defense
Date: May 09, 2013
Outcome: CASE DISMISSED FOR TWO HOUR OPTIONS CLASS
Description: Clients were two youthful college athletes in the Bay Area that were really the victims of a county wide sting program where fellow 19 year old's worked with the police to set up people to buy them alcohol. These two fell for the trap, really just trying to help, and were then surrounded by waves of authorities. It was a remarkable effort by our tax paid police forces as ultimately both client agreed to pay $25 and attend a two hour "options" class in exchange for a complete dismissal of all charges.
Solano County Fairfield DUI .16% BAC First Offense DUI High BAC Enhancement
Practice Area: Fairfield DUI and DWI
Date: Apr 29, 2013
Outcome: ENHANCEMENT DISMISSED, 3 MONTH DUI SCHOOL, 1 DAY JAIL
Description: Client was stopped by the CHP in Fairfield for speeding late at night. A breath test then showed an elevated BAC of .16% and he was arrested. Client later charged by the district attorney with DUI and an enhancement for high BAC above .15%. Client ordered to attend AA meetings during the pre-trial phase of the case. Today, I lucked out and a former prosecutor from San Francisco was working with a fair prosecutor who was handling the case. I was expecting the DA to let go of the enhancement to settle the case, but he really held onto it and it was only with great difficulty that I was able to convince him into offering my client a standard DUI. Ultimately the DA relented and client received the minimum sentence of three years court probation, fine of $2,000, three month DUI school and one day of jail. Client's license suspended for thirty days and restricted for five months by the DMV.
The Wiley Manuel Courthouse in Oakland, Alameda County at 661 Washington Street.
San Francisco DUI .08% BAC Second Offense DUI Injury Collision
Practice Area: San Francisco DUI and DWI
Date: Apr 24, 2013
Outcome: Probation Granted: 5yr, NO JAIL, 40 days Home Detention, 18m School, IID
Description: Client was in a tough situation having picked up a previous DUI case in Los Banos which was still pending filing at the time of a second, more serious, DUI in San Francisco in which client had rear-ended another vehicle causing injury to a parent and a minor. Complicating matters, client failed to appear at the Pre-Trial Conference causing a warrant to issue for client's arrest. Today, we successfully obtained a withdraw of the bench warrant and settled the case under difficult conditions. Although client's BAC was only a .08% blood test, the blood wasn't drawn until several hours after the collision meaning that the true BAC was probably around .16%. Nevertheless, client was a tough character on the outside who, I believe, had made a couple of bad decisions which client learned greatly from. Today, we settled the case for DUI injury , five years of formal probation, 40 days of HOME DETENTION (NO JAIL NO SWAP), one year ignition interlock device ("IID"), fine of approximately $2,000 and an 18 month DUI school. Client's license will be suspended for two years with one year before restricted license can issue.
San Francisco DUI .14% BAC First Offense DUI
Practice Area: San Francisco DUI and DWI
Date: Apr 22, 2013
Outcome: Probation Granted: 3yr, Fine $1,864, 3m DUI School, NO JAIL/SWAP
Description: Well it was a tough day in Department 17. Client was an otherwise good guy in his 20s who foolishly drove after drinking and was stopped for not having his headlights on and having four passengers. Ultimately, he blew a .14% BAC, just under the .15% enhancement. Today at the Pre-Trial Conference I doggedly haggled with the district attorney for a reduction to reckless driving to no avail. Client accepted his fate and DUI conviction for minimized sentence of three years informal court probation, fine of $1,864, three month DUI school and NO SWAP, JAIL OR COMMUNITY SERVICE. Client's license suspended by DMV for one month with five months restriction.
Alameda County Oakland Misdemeanor Hit and Run
Practice Area: Oakland DUI and DWI
Date: Apr 18, 2013
Outcome: PRO BONO CASE: ALL CHARGES DISMISSED
Description: Client was traveling home and getting ready to move his family of four children to Texas in search of work. While driving home to Tracy, client was rear ended on Interstate 580 by a woman driving a BMW. Although the accident wasn't client's fault, he continued driving because he was afraid that his license might be suspended. Ultimately CHP went to his house and served him a citation to appear in Pleasanton for Hit and Run. The Pleasanton courthouse is generally considered the toughest for defendants in all of Alameda County, so it was critical that I get the case transferred to Oakland, which after three appearances in Department 701, I was able to do. Once in Oakland, we were able to demonstrate that the accident was actually the other driver's fault and that all damages had been compensated for by insurance. The district attorney graciously and justly dismissed the criminal charges and saved this struggling family some significant hardship. BTW, I appeared nearly 10 times on this case which I handled completely PRO BONO.
Alameda County Oakland DUI .13% BAC First Offense DUI
Practice Area: Oakland DUI and DWI
Date: Apr 18, 2013
Outcome: DUI CHARGES DISMISSED. CASE REDUCED TO RECKLESS DRIVING
Description: Client stopped by the CHP past three in the morning for not wearing a seatbelt. Subsequent DUI investigation and breath test resulted in .13% BAC and arrest for DUI. Although the case was initially pending and the DA took some time to file charges, they ultimately did and client faced a DUI conviction. Since this was an Alameda County case, client also faced a mandatory ignition interlock device requirement if convicted. Today, we settled the case for a dismissal of the DUI charges in exchange for a plea to reckless driving misdemeanor. Client received greatly reduced sentence of two years court probation, fine of $1,024 and a three month DUI school. Client received no jail or SWAP and only suffered a thirty day license suspension after the DMV suspended him at his APS hearing.
Alameda County Oakland DUI .20% BAC First Offense FELONY DUI Injury Collision
Practice Area: Oakland FELONY DUI and DWI
Date: Apr 18, 2013
Outcome: MISDEMEANOR & ENHANCEMENT DISMISSED, 3 MONTH DUI SCHOOL, NO JAIL
Description: I actually represented client in 2007 for a DUI which we ultimately got dismissed. In the present case, client was in a significant accident in which the vehicle was flipped over and his passenger suffered injuries. Charged with a felony DUI, client was only released after posting a substantial bond. Although matters looked bleak from the beginning, today we settled the Felony DUI Injury Case for a standard misdemeanor DUI with minimum sentence of three years informal probation, fine of $1,914, one day of SWAP in lieu of jail and three month DUI school. The special enhancement of elevated BAC was also dismissed. Client's license to be suspended for thirty days with five months restriction and ignition interlock device ("IID" installation required.
San Mateo County Redwood City DUI .13% BAC First Offense DUI
Practice Area: San Mateo DUI and DWI
Date: Apr 16, 2013
Outcome: Probation Granted: 3yr, Fine $1900, 1 day Jail, 3m DUI School, 1yr Suspension
Description: Client was stopped by CHP on 101 S/B for weaving outside of his lane. Client disputed this and fortunately since this was a CHP case, the driving was caught on the CHP dashboard camera ("MVARS"). Since the District Attorney wouldn't budge from the DUI offer, we filed a Motion to Suppress Evidence claiming that the officer violated clients Fourth Amendment right against unreasonable searches, seizures and detentions. Although the video didn't really show the client's alleged traffic violation, the court sided with the CHP officer's testimony that the video didn't show what he saw. This was a close call I think and it didn't help the client that he decided not to attend this pivotal hearing. The motion was denied and we settled the case today for a first offense DUI with the following punishment: three years informal court probation, Fine of $1,900, three month DUI school and one day of jail. Client's license suspended for a full year, however, due to a prior Administrative Per Se ("APS") action on the license.
San Mateo County DUI .22% BAC First Offense DUI Collision High BAC Enhancement
Practice Area: South San Francisco DUI and DWI
Date: Apr 16, 2013
Outcome: Probation Granted: 3yr, Fine $300, 6 days SWAP, 9m School
Description: Client was a 50 plus year old self employed person with no DUI history who suffered a tragic loss earlier in the year. Feeling depressed over the Christmas holidays, client self medicated with alcohol which resulted in a major property damage collision. Subsequent breath tests yielded excess of .22% BAC and client was charged with DUI and enhancement. Realizing that client's true problem was not alcohol but the underlying depression, we suggested a pre-trial course of psychiatric treatment and presented it to the court. Although the district attorney wanted 10 days of JAIL and full DUI punishment, the court was compassionate with client's situation and client received an unusually sympathetic sentence of three years court probation, reduced fine of $300, six days of SWAP in lieu of jail, and nine month DUI school. Client's license suspended for thirty days and restricted for ten months.
Sacramento DUI .14% BAC Second Offense DUI
Practice Area: Sacramento DUI and DWI
Date: Apr 10, 2013
Outcome: Probation Granted: 4 Years, Fine $2,000, 18 month DUI School, 4 Days Jail
Description: Regrettable case where the client was stopped for speeding by the CHP in the late hours. Client is subsequently arrested for DUI and a blood test returned a result of .14% BAC. Worsening the situation, he had been previously convicted of DUI five years before. Second offense DUI's can be very punitive and the client was a mid 20s professional who although made a bad mistake here, was really getting his life together and had much to be optimistic about. Today, I helped him resolve his case for four years of informal court probation, fines of approximately $2,000, and 18 month DUI school, and nine days of jail. Tough deal in Sacramento as they require four actual days in custody on a second offense DUI. Although the Vehicle Code allows for the 96 hours to be broken into two 48 hour increments, the Sheriff has disallowed this due to prisoner safety issues. ?? Apparently the second offense DUI offenders are marked by the hard core jail bangers and if they're allowed to come back for a second 48 hour stint, they are threatened into bringing contraband into the jail. Which really begs the question, is it absolutely necessary to put second offenders IN JAIL WHERE IT IS CLEARLY A DANGER TO THEIR LIFE? For the purpose of serving what will end up as four day sentence? Is there some real "rehabilitation" during a four day sentence? Is it worth the risk? I think jail can teach a good lesson and prevent future DUI's, but is it absolutely necessary when hard working professionals with no other criminal history and placed in prison training grounds and forced to pack mule dangerous and illegal substances into over packed jails?
Alameda County Oakland DUI .08% BAC First Offense DUI
Practice Area: Oakland DUI and DWI
Date: Apr 04, 2013
Outcome: ALL CHARGES DISMISSED & DMV "SET ASIDE" NO SUSPENSION
Description: Client made an abrupt lane change and allegedly rolled a stop sign. Preliminary Breath Test returned a .08% BAC and was confirmed with a .08% BAC blood test. We retested the blood and it came back a .07% BAC. The District Attorney previously dismissed the case based on this evidence. Today, we won the DMV hearing, which was a much harder task than the criminal matter. As a result, the client suffered NO LICENSE SUSPENSION, NO DUI SCHOOL, NO SR 22 and most importantly, saved this college student a lot of money. She's learned her lesson so the result is particularly rewarding.
San Francisco DUI .22% BAC Second Offense DUI JURY TRIAL VERDICT
Practice Area: San Francisco DUI and DWI
Date: Mar 29, 2013
Outcome: Client Convicted: 4 Years Probation, 18 Month DUI School, 18 SWAP, IID
Description: Client was found guilty by a jury in San Francisco for both Driving Under the Influence (DUI) and driving on a suspended license. Client had suffered prior DUI conviction within ten years qualifying him for second offense enhancement. Took the case to jury trial and rejected prosecutors settlement offer. Although we put up a good fight, one worthy of a "not guilty" verdict, the jury nevertheless found client guilty. Trial took nearly two weeks and required ultimate effort. Today, client was sentenced by the court to four years supervised probation, fines of over $4,000 (for the two misdemeanors), 18 month DUI school, 18 months Ignition Interlock Device ("IID"), and ultimately 14 days of SWAP in lieu of jail. Considering that we actually beat the prosecution's pre-trial settlement offer (i.e. they wanted five years of informal court probation without the potential modification to three years and informal court probation when DUI school is completed) the result was worth the fight. Obviously, you can't win every case, but it's important to hold the district attorney to task on the right cases. As long as the district attorney knows that you're willing and capable to take a case to jury trial if necessary, you won't be able to maximize your client's settlement options at pre-trial conference. Nevertheless, they say you learn more from losing a trial than winning one. This much is certainly true and I can't wait to get back on the horse next time!
Santa Clara County Palo Alto DUI .13% BAC First Offense DUI
Practice Area: Mountain View DUI and DWI
Date: Mar 28, 2013
Outcome: Probation Granted: Three Years Probation, Fine $1,904, Three Month DUI School & 5 SWAP
Description: Client was stopped by Mountain View Police Department after allegedly observed making an illegal U-Turn. Subsequent DUI investigation returned a blood result of .13% BAC. Although the facts of the case were bad for us, we successfully managed this case for the client was was very busy with work and allowed him to drive as long as possible. After managing the case for nearly six months, today we resolved the case (in spite of the court room fire alarm) for the minimum offer or three years informal court probation, fine of $1,904, five days community service through the Weekend Work Program, three month DUI school and client's license suspended for thirty days and restricted for five months with an SR22 in effect. Although we would have hoped for better, the result is to be expected considering the general nature of DUI cases in Santa Clara County.
Merced County Los Banos DUI .17% BAC First Offense DUI Refusal High BAC Enhancement
Practice Area: Los Banos DUI and DWI
Date: Mar 25, 2013
Outcome: Probation Granted: $2,160, NO DUI SCHOOL ORDERED
Description: Kind of an unusual DUI case. My client was observed by a citizen to be with a group of four males that were seen beating another man in a Taco Bell parking lot. The citizen followed their car after the "fight" and reported everything to local police. When the police arrived at a gas station, my client was immediately confronted and suspected of DUI. A PAS test returned a result of .17% BAC, but the officer alleged that client "refused" the evidential chemical test. Client later charged with DUI and two enhancements, 1) for BAC above .15% and 2) go figure..."refusing" the chemical test. The DA tried to hold the untenable position that my client was BOTH above the high BAC but nevertheless refused the test which normally means that there was no known chemical test. In either event, we successfully settled the case allowing me to now focus on Client's other pending DUI. Client received three years informal court probation, fine of $2,160, NO DUI SCHOOL, and what will ultimately be NO JAIL OR SWAP. One DUI down for this client, but still one more to go...
Tuolumne County Sonora DUI .21% BAC Third Offense DUI Collision High BAC Enhancement
Practice Area: Sonora DUI and DWI
Date: Mar 21, 2013
Outcome: ENHANCEMENT DISMISSED & NO ACTUAL JAIL TIME
Description: Client had been convicted of DUI on two prior occasions as well as driving on a suspended license. In the present case, Client had been deeply affected by the down turn in the economy and went skiing (and drinking) to escape the sad realities of his life. On the way home, he lost control of his vehicle and smashed into a snow bank. The California Highway Patrol (CHP) caught up with him at a gas station and his breath tests came in at .21% BAC. Based on his record, Client was looking at a significant jail sentence. Today, I settled the case for a DISMISSAL OF THE ENHANCEMENT for high BAC. Client sentenced to three years formal probation, fines of $4,500 (convertible to community service), and 150 days of home detention in lieu of actual jail, so NO ACTUAL JAIL CUSTODY REQUIRED. Client's license subject to three year revocation by DMV.
San Francisco DUI .11% BAC First Offense DUI
Practice Area: San Francisco DUI and DWI
Date: Mar 14, 2013
Outcome: DUI CHARGES DISMISSED. CASE REDUCED TO RECKLESS DRIVING: 18 MONTH PROBATION
Description: The San Francisco Police Department was called by a 911 caller to report a domestic disturbance. When they arrived, the found my client, a 20 something year old female driving a vehicle that matched their description. She was ultimately arrested for DUI and blew a .11% BAC. Seemingly an "open and shut case," but the arresting officers failed to recognize that my client was actually the victim of domestic violence and was fleeing the abuse. True, DUI is a crime, but domestic violence can elevate into a fatal encounter. Thus, my client was acting under the legal definition of "duress," that is, she was committing one unlawful act to prevent the greater harm of another. In either event, the district attorney wouldn't budge from their DUI position. We held strong though, knowing that we had a good jury trial in our back pocket, and in the end the district attorney caved and the client accepted a highly reduced offer my pleading to misdemeanor reckless driving for only 18 months of informal court probation, fine of $900, three month DUI school and NO SWAP, JAIL OR COMMUNITY SERVICE. Client's license was previously suspended, so she could get a restricted license with enrollment in the DUI school and an SR 22 from her insurance carrier.
Contra Costa County Walnut Creek DUI .07% BAC First Offense DUI Under 21 Zero Tolerance
Practice Area: Walnut Creek DUI and DWI
Date: Mar 14, 2013
Outcome: CASE DISMSSED & NO LICENSE SUSPENSION
Description: Client was an 18 year old college student who was stopped doing 116 MPH in his Audi by the CHP who later determined his BAC to be .07% on a PAS breath test. I previously won a SET ASIDE of his DMV case suspension and today was the final nail in the coffin, his criminal bench trial. RESULT: Case Dismissed. Saved the client's license from certain suspension and literally thousands of dollars in expense. I gave him a stern lecture though, and hopefully he learned his lesson and won't be calling again (except for to refer me a friend).
Alameda County Oakland DUI .27% BAC First Offense DUI Collision High BAC Enhancement
Practice Area: DUI and DWI
Date: Mar 12, 2013
Outcome: DMV "SET ASIDE": NO ACTUAL SUSPENSION, NO SWAP OR JAIL
Description: Client was a 50 year old with a drinking problem. Up to this point, his drinking problem had yet to intersect with his otherwise lawful act of driving. On this occasion, however, he crashed his car into an open and known construction ditch. Immediately after the accident, he began to consume the bottle of rum that was in the car. By the time the Oakland Police Department arrived, almost half the bottle was gone. A later blood test came in a whopping .27% BAC and he was charged with an enhanced DUI. I previously WON THE DMV HEARING, so negotiating away the DUI and getting him a restricted license was critical. Today, client received minimum three years informal court probation, fine of $1,904, NO SWAP OR JAIL, but had to complete the nine month DUI school. Client's license to be restricted until completion of the DUI school and must have Ignition Interlock Device ("IID") installed.
San Mateo County DUI .13% BAC First Offense DUI
Practice Area: Daly City DUI and DWI
Date: Mar 06, 2013
Outcome: Probation Granted: $1,900 Fine, 3 Month DUI School, 1 Day SWAP
Description: Client was stopped in the late hours by the California Highway Patrol for allegedly speeding (86 MPH in 65 MPH Zone) in his mini van. Although we fought the case in a Motion to Suppress Evidence and presented a strong case for dismissal, the motion was denied and ultimately the case resolved for the statutory minimum: three years informal court probation fine of $1,900, three month DUI school and only ONE DAY of SWAP in lieu of actual jail. Client's license suspended for thirty days and restricted for five months by the California DMV.
San Francisco DUI .21% BAC First Offense DUI High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Mar 05, 2013
Outcome: ENHANCEMENT DISMISSED & THREE MONTH DUI SCHOOL
Description: Client was a licensed professional who had hit the dumps with a bad relationship and attempted to cure the problem with alcohol. Although she'd never been arrested for anything before, she faced certain severe punishment from the District Attorney after she was arrested for DUI after driving her car lost within a San Francisco parking structure. Later breath tests showed a .21% BAC and she was indeed charged with a special enhancement for elevated blood alcohol. After much back and forth haggling, the District Attorney and I made a deal which saved the client from the extended horrors of the nine month DUI school. In the end, Client received the minimum three years informal court probation, fine of approximately $1,900, THREE MONTH DUI SCHOOL, and approximately six days of the SWAP program in lieu of actual jail. License suspended for thirty days and restricted for five months.
San Francisco DUI .19% BAC Second Offense DUI High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Mar 05, 2013
Outcome: ENHANCEMENT DISMISSED. Five Years Probation, Fine $2,100, 18 Month DUI School, 7 SWAP
Description: Client was stopped on the Bay Bridge by CHP after weaving into lanes. Unfortunately, Client had previously been convicted of DUI in 2006 thus making this his second offense. Admittedly, he made a mistake, but having a young child and another on the way, he needed this case minimized so he could move on with the future. Today, we successfully settled the case for five years probation, fine of $2,100, 18 month DUI school, one year of Ignition Interlock Device ("IID") and approximately 7 days of SWAP in lieu of actual jail. License suspended for 90 days and restricted for 21 months
Alameda County Oakland DUI .07% BAC First Offense DUI Under 21 Zero Tolerance
Practice Area: Dublin DUI and DWI
Date: Mar 04, 2013
Outcome: DMV "SET ASIDE." NO LICENSE SUSPENSION
Description: Client was an 18 year old male college student (that's a handful right there) who consumed alcohol and then drove...umm..116 MPH and was then stopped by the CHP. He later blew into a PAS device with readings of .07% BAC. Although under the legal limit, he was facing a full year of license suspension which would have made it impossible for him to attend classes. Today, I appeared for the Administrative Per Se ("APS") hearing at the DMV. The PAS coordinator also appeared and testified regarding the calibration records for the device, which the DMV only provided to me on the day of the hearing. That said, the records showed that the device had not been checked for accuracy for nearly three months and that when it was checked (weeks after my client's test), it was off and required calibration. Although DMV hearings are nearly impossible to win, the hearing officer "set aside" the suspension on the spot after I was able to get the PAS coordinator to admit under cross examination that the .07% BAC result was not trustworthy or compliant with Title 17. DMV done, now just have to get through the criminal bench trial in Walnut Creek....
Alameda County Oakland DUI .21% BAC Second Offense DUI High BAC Enhancement
Practice Area: Oakland DUI and DWI
Date: Jan 31, 2013
Outcome: Enhancement Dismissed. 3 Years Probation, $1,900 fine, 9 SWAP, 18 Month DUI School
Description: Client was stopped by the Oakland CHP for speeding and weaving into multiple lanes of traffic in the wee hours of the night. A subsequent breath test returned a single result of .21% BAC, qualifying for the high BAC enhancement. Moreover, Client had suffered a prior DUI conviction within the past five years so this was his second. After winning a SET ASIDE at his DMV hearing, today we settled the criminal case for minimum terms: three years informal court probation, fine of $1,904, 18 month DUI school and only nine days of SWAP in lieu of actual jail. Client's license suspended for ninety days and restricted for 21 months with installation of ignition interlock device ("IID") and SR-22.
Santa Clara County San Jose DUI .10% BAC First Offense DUI Collision
Practice Area: San Jose DUI and DWI
Date: Jan 29, 2013
Outcome: Probation Granted: $1,916 Fine, 75 Hours Community Service, DUI School Waived
Description: Client and a friend had consumed alcohol with dinner and they both drove home afterward. Unfortunately, Client's friend was involved in a motor vehicle accident and he showed up on scene to see if he could help. The end result was that both of them were ultimately arrested for DUI. Although his breath tests were low, .10% BAC on four tests, the District Attorney was not willing to reduce the offense for settlement. Client had been transferred over seas for work and needed to resolve his case in a way that allowed him to remain out of jurisdiction. Today, I settled the case on behalf of the client for three years informal court probation, fine of $1,916, three month DUI school (waived unless he returns to California), and 75 hours of community service in lieu of actual jail or SWAP. With the Client's move, I had to handle all aspects of the case which included several court appearances beyond that which is customary. I nevertheless did so, and without additional fee. Client's license suspended for six months as a result of the DUI conviction.
Alameda County Oakland DUI .14% BAC First Offense DUI
Practice Area: Oakland DUI and DWI
Date: Jan 24, 2013
Outcome: CASE DISMISSED
Description: Client was driving in Oakland from Texas when she was stopped for DUI for talking on her cell phone. She provided two breath samples both returning a result of .14% BAC. While representing her in this matter, she returned to Texas and was remanded into custody for a felony probation violation relating to a conviction for grand larceny. In either event, we filed a demand for transfer pursuant to Penal Code Section 1381 and the underlying DUI case was dismissed.
San Francisco DUI .28% BAC First Offense DUI Collision High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Jan 09, 2013
Outcome: ENHANCEMENT DISMISSED. NO ACTUAL JAIL. 9 MONTH DUI SCHOOL, 6 DAYS SWAP
Description: Client actually had a prior DUI approximately 11 years ago, thus making this new offense technically a "first." Nevertheless, it was a quite a splash, no pun intended. Client got lost in Golden Gate Park and before she knew it, her vehicle had sideswiped parked cars and ended up totaled into a tree. Her blood was drawn at the hospital hours later and returned a result of .28% BAC. Client cited for DUI with high blood alcohol enhancement. Today, we settled the case. It wasn't easy, though, as a new crop of misdemeanor district attorneys have arrived and the initial offer was a minimum ten days actual jail. After much negotiation, we resolved the matter for three years informal court probation, fine of $1,908, nine month DUI school, and six actual days of SWAP. No jail and no IID. Although I would have liked to beat the nine month program, it may actually help the client in this case as I'm hopeful that she, like most accused of this crime, will accept the lessons and treatment ahead of her and use this unfortunate incident as a stepping stone up from her rock bottom. I'm sincerely hopeful. Client's license to be suspended by DMV for thirty days with restricted license for 10 months. The District Attorney DISMISSED the high BAC enhancement, by the way.
Alameda County Oakland Public Intoxication Misdemeanor 647(f)
Practice Area: Oakland DUI and DWI
Date: Jan 08, 2013
Outcome: CASE DISMISSED
Description: Client was a former client from not too long ago, who was previously convicted of DUI in Contra Costa County about six months ago. He got himself pretty well intoxicated in Albany (Alameda County), but really did the right thing....HE WALKED...while trying to hail a taxi cab. Nevertheless, local police saw him zig zagging as he walked and ultimately arrested him for public intoxication, a misdemeanor which could have resulted in a violation of of his DUI probation and potential jail time. As his problem was alcohol related this time (as compared to driving), I suggested that he voluntarily attend AA meetings. Client did so attending nine meetings. Today at pre-trial conference, I presented the proof of his meetings to the district attorney for CASE DISMISSED.
Alameda County Oakland DUI .10% BAC First Offense DUI
Practice Area: Oakland DUI and DWI
Date: Jan 08, 2013
Outcome: DUI CHARGES DISMISSED. CASE REDUCED TO RECKLESS DRIVING
Description: Client was a younger man in his 20's who was stopped by the CHP for speeding (85 mph in 65 mph zone alleged). Subsequent breath test returned BAC result of .10%. With no other criminal record, it was critical that the DUI charges were dismissed. Today, I successfully settled the case for a reduction to reckless driving and all DUI charges were dismissed. Client received greatly reduced sentence of two years informal court probation, fine of $1,024, and a 12 hour DUI school. I was able to save client nearly $1,000 off the fine, half the normal DUI school and no jail, SWAP or community service. More importantly in Alameda County, avoiding the DUI conviction meant no ignition interlock device requirement ("IID") saving even more money and hassle. Client's license suspended by DMV for four months.
Santa Clara County San Jose DUI .14% BAC First Offense DUI
Practice Area: San Jose DUI and DWI
Date: Dec 31, 2012
Outcome: Probation Granted, $1,916 Fine, 3 Month DUI School, 7 Days SWAP
Description: Client was stopped by the California Highway Patrol after he was observed driving his vehicle on the roadway with no front tire (his car was emitting sparks from the road). Subsequent blood test returned result of .14% BAC. Client looking at DUI with possible hit and run for a collision. Today, we successfully resolved the case for three years court probation, fine of $1,916, three month DUI school, and seven days of weekend work in lieu of jail. Client's license suspended for thirty days and restricted for five months with SR22.
San Francisco DUI .17% BAC First Offense DUI High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Dec 18, 2012
Outcome :ENHANCEMENT DISMISSED, NO SWAP AND 3 MONTH DUI SCHOOL
Description: Client stopped by San Francisco Police Department after making an illegal turn. Subsequent blood test returned a .17% BAC, thus qualifying him for a high BAC enhancement. Today, we successfully settled this case for the client, who incidentally had no criminal record, for a DISMISSAL OF THE ENHANCEMENT. Client sentenced to three years court probation (minimum), fine of approximately $1,850, THREE MONTH DUI SCHOOL, NO JAIL OR SWAP and only 20 hours of community service. Client's license suspended for thirty days and restricted for five months.
San Mateo County DUI .13% BAC First Offense DUI
Practice Area: Daly City DUI and DWI
Date: Dec 07, 2012
Outcome: Probation Granted, $1,850 fine, 3 Month DUI School and 2 SWAP
Description: Client arrested for DUI by the CHP in San Mateo County after being stopped for speeding, 80 MPH in 65 zone. Breath test resulted in .13% BAC. Today, I successfully resolved the case for client, who had no criminal record, for a misdemeanor with minimum sentence of three years court probation, fine of $1,850, three month DUI school and two days of community service (SWAP). Client's license suspended by DMV for six months as a result of the conviction.
Alameda County Hayward DUI .19% BAC First Offense DUI High BAC Enhancement
Practice Area: Hayward DUI and DWI
Date: Dec 06, 2012
Outcome: ENHANCEMENT DISMISSED. 3 MONTH DUI SCHOOL, $1,943 Fine & 1 SWAP
Description: Client was a 20 something post college student who made the mistake along the way of driving after drinking. Stopped by the CHP after she was reported to have been weaving along I-880, her breath test came in at .19% BAC, which usually requires admission of the .15% BAC enhancement and the long DUI school. Therefore, it truly felt good to convince the district attorney to have mercy and give her the minimum sentence of three years court probation, fine of $1,943, THREE MONTH DUI SCHOOL, and only ONE DAY of community service via the SWAP program. Convicted of a DUI in Alameda County will require that she install an ignition interlock device in her car for five total months. I hope that she, like most all of my clients, understands the significance of her conduct and appreciates the reduced sentence which most attorneys wouldn't get in my opinion. So, it felt good to help.
Alameda County Hayward DUI .11% BAC First Offense DUI
Practice Area: Hayward DUI and DWI
Date: Dec 05, 2012
Outcome: DUI CHARGES DISMISSED & CASE REDUCED TO RECKLESS DRIVING
Description: Client stopped by Hayward CHP for speeding 54 in a 40 mph zone. Client was a self employed construction worker and driving was critical for him to support his family. A later blood test came in at .11% BAC which was confirmed by my office in a retest which stuck on .11% BAC. As Alameda County requires the Ignition Interlock Device ("IID") for five months on a DUI conviction, it was critical that I get this case reduced to reckless driving which is not even a given on a .11%. Today, I developed a good rapport with the DA who was both friendly to me and fair in agreeing to dismiss the DUI for a reduction to misdemeanor reckless driving. Client saved thousands of dollars as a result including three years informal court probation, fine of $910 and a three month DUI school. NO SWAP, IID or JAIL. Clients license likely to be suspended for thirty days with eligibility for a restricted license thereafter with an SR22. Client was a grateful and gracious professional who, like all of my clients, showed respect to the court by wearing a suit and tie and bring a positive attitude about the reduction and accepting responsibility for his actions.
Contra Costa County Walnut Creek DUI .20% BAC First Offense DUI High BAC Enhancement
Practice Area: Danville DUI and DWI
Date: Dec 05, 2012
Outcome: ENHANCEMENT DISMISSED. 3 MONTH DUI SCHOOL, NO SWAP
Description: Client was an out of state driver who was stopped for speeding by the Danville Police Department and had subsequent breath test BAC of .20%. Client charged with DUI and high BAC enhancement. Being out of state, it was critical that I minimized the sentence of the case for this busy, traveling, professional father of three. Today, I settled the case successfully for him as the enhancement was dismissed and minimum sentence imposed: three years informal court probation, fine of $1,750, THREE MONTH DUI SCHOOL (six to nine month usual), and 20 hours of community service in lieu any jail or SWAP. Client's license suspended by conviction for six months.
San Francisco DUI .15% BAC Second Offense DUI Collision High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Nov 30, 2012
Outcome: ENHANCEMENT DISMISSED. ONLY 4 DAYS SWAP & 3 YEARS PROBATION
Description: Client suffered a prior DUI conviction less than three years before he collided with three parked cars in San Francisco and was arrested by the SFPD for DUI. Breath test returned result of .15% BAC. Today, we successfully settled the case for minimal sentence which was significantly lower than what a typical second offender receives. Client accepted deal for three years supervised probation (five is normal), fine of approximately $1,850, 18 month DUI school and only four days of SWAP in lieu of NO JAIL. The high BAC enhancement was dismissed and client received no additional punishment for the collision.
San Francisco DUI .22% BAC First Offense DUI Collision High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Nov 30, 2012
Outcome: Probation Granted, 3 MONTH DUI SCHOOL, NO SWAP, NO IID
Description: Client was a local college student who was under age and crashed into a parked car with a BAC of .22%. She wanted to accept responsibility for her actions, but with a semester abroad looming, needed me to craft a settlement that she could accept. Mission accomplished: client received three years of informal court probation, fine of $1,850, THREE MONTH DUI SCHOOL (instead of the mandatory 9 month school), no IID, and NO SWAP, instead a modest 40 hours of flexible community service. Being under 21, her license was suspended without restriction for one year.
San Mateo County Redwood City DUI .10% BAC First Offense DUI
Practice Area: Redwood City DUI and DWI
Date: Nov 30, 2012
Outcome: DUI CHARGES DISMISSED & CASE REDUCED TO RECKLESS DRIVING
Description: Client was a 50 plus year old professional with an aviation license and no criminal history who was stopped by the CHP for driving without his headlights on. Subsequent breath test came in at a high of .10% BAC. Today, I helped minimize the case and any action on his aviation license by getting the DUI charges reduced to misdemeanor reckless driving for a reduced sentence of two years informal court probation, fine of approximately $1,200, 12 hour DUI school and NO SWAP or community service. Typical DUI sentence has minimum three years probation, double fine and often jail time or SWAP time. Client was a good guy who's driving wasn't overtly dangerous and BAC in the zone where one may not feel impaired. He won't make this mistake again so I'm grateful to not only represent him throughout the process, but also be able to "blackboard" action thousands of dollars I saved him through the reduction. Client's license suspended for four months unless he want restricted license which would require SR22 and enrollment in three month DUI school (normally after 30 days of actual suspension but he received far less). Again, a really nice guy and grateful client who received a fair result and left me with a rewarding feeling.
Alameda County Oakland Assault and Battery Case
Practice Area: Oakland Criminal defense
Date: Nov 27, 2012
Outcome: CASE DISMISSED
Description: Client was a respectable person with no history of criminal activity who made the unfortunate mistake of hiring an unlicensed contractor to perform minor work on one of her properties. When the contractor tried to get more money for the sub par work, client confronted him with his initial bid. The contractor then ripped the bid from client's hand and attempted to destroy it. The event occurred in a coffee shop with several witnesses and client attempted to wrestle the bid back from the disgruntled contractor who then began to scream "assault and battery!" This was a typical California style lawsuit set up and I'm grateful to report that although client was cited for this misdemeanor offense, I appeared in court today and obtained a dismissal from the most fair and reasonable district attorney.
San Francisco DUI .08% BAC DMV Hearing Win
Practice Area: San Francisco DUI and DWI
Date: Nov 27, 2012
Outcome: DMV SET ASIDE. NO LICENSE SUSPENSION & NO SR-22
Description: Clients' criminal case for DUI in Marin County was previously dismissed, however, we still faced the daunting task of winning the DMV hearing, which rarely happens. With the help of forensic toxicologist, Halle Weingarten, we successfully rebutted the presumption that client was a .08% BAC at the time of driving and thus saved the new mother a license suspension, SR22 filing and a three month DUI school. Merry Christmas!
Alameda County Hayward DUI .13% BAC First Offense DUI FELONY Probation Violation
Practice Area: Hayward FELONY DUI and DWI
Date: Nov 20, 2012
Outcome: PROBATION GRANTED & NO ACTUAL JAIL
Description: Client was on felony probation for armed robbery, but has since turned his life around by going to college and getting a good job. Unfortunately, four years into the five year probation, he got arrested by CHP for DUI after speeding down I-880 after a Warriors game. Client, who blew a .13% BAC, was facing remand to prison as a result of the case. Today, I successfully settled the DUI case for NO JAIL TIME. Client received three years informal court probation, fine of $1,850, three month DUI school and NO JAIL OR SWAP. Client's license suspended for thirty days and restricted for five months with installation of ignition interlock device ("IID").
Santa Cruz DUI .10% BAC First Offense DUI Driving on Suspended License CVC 14601.2
Practice Area: Santa Cruz DUI and DWI
Date: Nov 15, 2012
Outcome: DUI CHARGES DISMISSED & CASE REDUCED TO RECKLESS DRIVING
Description: Client was arrested by the CHP for DUI after he was observed driving with a headlight out. Client blows a .10% BAC and is served with the pink temporary license, which is only good for thirty days. He fails to request a stay of the suspension within ten days and his license then becomes suspended. Thereafter, he's stopped again and arrested for the even more serious driving on a suspended license for DUI (CVC 14601.5). Between the DUI and 14601.5 cases, Client was looking at actual jail time, long license suspension and ignition interlock device. Today, we successfully settled the case for a reduction to reckless driving and an INFRACTION for driving without a license in possession ($100 fine). Client received three years informal court probation, fine of $2,300, three month DUI school and no jail or SWAP. Client got his license back after thirty days and will now keep it after this excellent result.
San Mateo County DUI .10% BAC First Offense DUI
Practice Area: San Bruno DUI and DWI
Date: Nov 14, 2012
Outcome: Probation Granted, $1,843 Fine, 3 Month DUI School & 1 SWAP
Description: Client was a 50 year old professional visiting the Bay Area when he was stopped by CHP for weaving on Highway 101 in the early morning hours for weaving in his his rental car. Although modest breath tests came in at .10% BAC, district attorney was obstinate about not reducing the offence. After multiple hearings and a Motion to Suppress Evidence, we ultimately relented and client entered a plea for misdemeanor driving with a BAC in excess of .08%. Client received three years of informal court probation, fine of $1,842, three month DUI school (I was able to get him a correspondence course as he was a resident of Austin, TX), and one day of jail which will likely be a "book and release" after a few hours in jail on a Saturday. Client's license suspended for six months in California with the possible collateral consequence of suspension back home in Texas. This is an example of how not every case ends in the result we want, but my representation of client allowed him to manage his case through counsel and remain out of state continuing his work at home and discretely resolve his case without anyone in his home state learning of it.
Contra Costa County Walnut Creek DUI .17% BAC First Offense DUI High BAC Enhancement
Practice Area: Danville DUI and DWI
Date: Nov 13, 2012
Outcome: ENHANCEMENT DISMISSED. 3 MONTH DUI SCHOOL
Description: Client was a 53 year old sales professional with no criminal record whatsoever, who made the unfortunate mistake of driving after drinking too much. Stopped by Danville Police Department for rolling a stop and arrested for DUI, client blew a high .17% BAC breath test. Charged with DUI and high BAC enhancement, client was looking at additional SWAP time and a long level two DUI school. Today, on our second Pre-Trial Conference, we settled the case successfully for a dismissal of the enhancement in exchange for a plea to driving with a BAC in excess of .08%. Client received three years informal court probation, fine of $1,750, 2 days of SWAP in lieu of jail (to be served in San Francisco...) and a THREE MONTH DUI SCHOOL. By getting the DUI school reduced, I saved the client an additional three months of DUI classes, further restriction of his license and extra costs of about $600. Client's DMV hearing pending after significant argument and may even end up "set aside," however, this conviction will result in a suspension of client's license for six months with immediate eligibility for a "restricted" license. If DMV sustains the action, client will serve mandatory thirty day license suspension prior to restricted license issuance. Bottom line: this client understood the seriousness of his case and I'm confident will never drink and drive again who truly didn't deserve the enhanced penalties of the enhancement.
Solano County Superior Court located at 321 Tuolumne Street in Vallejo, California
Alameda County Oakland DUI .12% BAC First Offense DUI
Practice Area: Oakland DUI and DWI
Date: Nov 08, 2012
Outcome: DUI CHARGES DISMISSED. CASE REDUCED TO RECKLESS DRIVING: NO "IID"
Description: Client stopped by CHP for failure to proceed on green light. Client, a 33 year old who had recently taken out loans to go back to college, desperately needed a reduction of the offense to avoid longer probation and the expensive ignition interlock device ("IID") requirement for DUI convictions in Alameda County. After several Pre-Trial Conferences, I was able to convice the district attorney to reduce the offense to reckless driving (wet) and the client received a greatly reduced sentence of two years informal court probation, fine of $1,013 (saving about $900), no jail or SWAP, and a three month DUI school. Most importantly, NO IGNITION INTERLOCK DEVICE. It wasn't easy, but we got it done. As I always say, you don't get anything if you don't ask!
Alameda County Oakland DUI .27% BAC First Offense DUI High BAC Enhancement
Practice Area: Oakland DUI and DWI
Date: Nov 08, 2012
Outcome: Probation Granted, THREE MONTH DUI SCHOOL
Description: Client arrested by Oakland Police Department after being observed driving the wrong way on a one way street. Client less than cooperative with police and was alleged to have "refused" chemical test and a forced blood draw revealed BAC of .27%. Initially, I convinced the DMV to treat the case as an excessive BAC case instead of a refusal (saving a one year license suspension), then today I resolved the case for a highly favorable disposition. Client received three years informal court probation, fine of approximately $1,850, THREE MONTH DUI SCHOOL, and only one day of SWAP in lieu of jail. Since all .20% BAC and above cases are supposed to get a nine month DUI school, the result was amazing and saved the client six months of school, five additional months of license restriction and about $1,200. Over all, it was a rewarding result as the client recently suffered the tragic loss of his father. Client's license suspended for thirty days and restricted for five months with installation of ignition interlock device ("IID"), which is mandatory for all DUI convictions in Alameda County.
San Mateo County DUI .20% BAC First Offense DUI High BAC Enhancement
Practice Area: San Mateo DUI and DWI
Date: Nov 06, 2012
Outcome: Probation Granted: THREE MONTH DUI SCHOOL & 4 SWAP
Description: Today I settled another case for a favorable result in a difficult venue. Client charged with DUI and high BAC enhancement after being stopped by the San Mateo Police Department for making a "sweeping right turn." Subsequent blood test came in at .20% BAC. Although the client was required to admit the high BAC enhancement, I negotiated a favorable settlement wherein he received three years of informal court probation, fine of $1,841, four days of SWAP in lieu of jail and a THREE MONTH DUI SCHOOL. As the nine month program is usually required on a .20% case, I was able to save the client six months of school, five additional months of license restriction and about $1,200. Client's license to be suspended for thirty days and restricted for five months.
Alameda County Oakland DUI .14% BAC First Offense DUI
Practice Area: Oakland DUI and DWI
Date: Nov 06, 2012
Outcome: DUI CHARGES DISMISSED. CASE REDUCED TO RECKLESS DRIVING NO "IID"
Description: Client, a UC Berkeley student with a promising law school career, was stopped in the early morning hours for speeding on I-80 by the CHP. His blood test came in at .14% BAC and we retested the sample which came back a .16% BAC. Fighting the case on the basis of possible alcohol fermentation and contamination of the sample, I appeared on the case NINE times, before the district attorney finally relented dismissing the DUI charges and allowing the client to plead to the reduced charge of reckless driving. Client received greatly reduced sentence of two years informal court probation, fine of $1,013 and a three month DUI school. As a result, client avoided SWAP, community service, an additional year of probation and most importantly, the mandatory ignition interlock device ("IID") requirement. Client opted for four month suspension of license with no restriction. A hard won result for a worthy client which meant more to me than the money!
San Francisco DUI .14% BAC First Offense DUI
Practice Area: San Francisco DUI and DWI
Date: Nov 02, 2012
Outcome: DUI CHARGES DISMISSED. CASE REDUCED TO RECKLESS DRIVING
Description: Client failed to proceed forward at a green light and was unluckily stopped by the CHP in San Francisco. After field sobriety tests, client was arrested for DUI and subsequently provided breath test of .14% BAC. Client was a recent college graduate and it was critical to minimize the negative consequences of a DUI. Today, I successfully settled the case for a reduction to reckless driving with the DUI charges dismissed. Client received reduced sentence of three years informal court probation, fine of $853 and a three month DUI school. NO JAIL, SWAP OR COMMUNITY SERVICE. Client will likely opt for four month suspension of his license with reinstatement after filing SR22 and completing DUI school.
Alameda County Pleasanton DUI .18% BAC First Offense DUI High BAC Enhancement
Practice Area: Pleasanton DUI and DWI
Date: Oct 31, 2012
Outcome: ENHANCEMENT DISMISSED. Probation Granted, 2 SWAP
Description: Client, a practicing physician, was stopped by the Pleasanton Police Department for driving over a median. Subsequent blood test revealed a BAC of .18%. Client charged with DUI and enhancement for exceeding .15% BAC. Today, I successfully resolved the case for minimized sentence of three years informal court probation, fine of approximately $1,850, two days of SWAP in lieu of jail and a six month DUI school. The special enhancement was DISMISSED. I convinced the district attorney to consider any collateral consequences from the medical board in mitigation and if client is required to do anything additional, the DUI school will be reduced to three months. Client's license suspended by DMV for thirty days with eligibility for a restricted license with installation of an ignition interlock device, "IID."
Marin County DUI First Offense DUI Drugs and Drug Possession
Practice Area: San Rafael DUI and DWI
Date: Oct 30, 2012
Outcome: Possession Charges Dismissed. Probation Granted for Three Years
Description: Client stopped for reckless driving after consuming a pot brownie. Client somewhat hazy with the details, but search of vehicle found remainder of brownie and half consumed bottle of vodka. Additionally, client charged with failure to provide insurance. I negotiated a fair resolution of the case today in which three of the four misdemeanor counts were dismissed for three years of informal court probation, fines of approximately $1,850 and a three month DUI school. No jail, SWAP or community service. Clients license suspended for one year for being under the influence of drugs.
San Francisco DUI .24% BAC First Offense DUI FELONY Injury Collision High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Oct 25, 2012
Outcome: MISDEMEANOR w/NO JAIL & ONLY 4 DAYS SWAP
Description: Client rear ended vehicle with four passengers including a pregnant woman causing soft tissue injuries. Client arrested for FELONY DUI and blood test came back a .24% BAC. After successfully negotiating the case down to a MISDEMEANOR, client accepted an offer that included a plea to DUI with injury (Vehicle Code Section 23253(b)), for three years formal probation, fine of approximately $1,850, 9 month DUI school, one year of ignition interlock device ("IID") and what will end up being only four days of SWAP in lieu of jail. Client was facing career devastating felony and prison time, so the result was still an excellent bargain. Client's license will be suspended by DMV for one full year.
San Francisco DUI .14% BAC First Offense DUI
Practice Area: San Francisco DUI and DWI
Date: Oct 19, 2012
Outcome: Probation Granted, $1,950 Fine, 3 Month DUI School, NO JAIL OR SWAP
Description: Client stopped for weaving on the Bay Bridge by CHP and subsequently arrested for DUI. Breath tests came in at .14% BAC, so client was in a tough situation. Today, we resolved the case for minimal sentence which allowed her to put this mistake behind her instead of in her future. Client received three years informal court probation, fine of about $1,950, three month DUI school and NO JAIL, SWAP OR COMMUNITY SERVICE. Client's license suspended for thirty days and restricted for five months.
San Mateo County Redwood City DUI .15% BAC Second Offense DUI Collision High BAC Enhancement
Practice Area: Redwood City DUI and DWI
Date :Oct 18, 2012
Outcome: Probation Granted, $1,850 Fine, 18 Month DUI School & 10 SWAP
Description: Client lost control of his vehicle and crashed off the side of freeway. Client told CHP officers that he wasn't driving and that driver had fled the scene. Follow up investigation revealed that individual whom client claimed was driving was no where near the scene. Client suffered prior DUI in Santa Clara County five years earlier and was looking at stiff sentence in the always rigid San Mateo County. Today, I negotiated a settlement for a second offense DUI that is one of the best pre-trial settlements I've seen in San Mateo. Client received three years informal court probation, fine of approximately $1,850, 18 Month DUI school and only 10 days of SWAP in lieu of actual jail (30 days is the standard minimum in San Mateo County). Client's license suspended for 90 days after which he can get restricted license with installation of ignition interlock device ("IID"). Case closed.
San Francisco DUI .09% BAC First Offense DUI
Practice Area: San Francisco DUI and DWI
Date: Oct 16, 2012
Outcome: DUI CHARGES DISMISSED. CASE REDUCED TO RECKLESS DRIVING
Description: Client was stopped for speeding on the Bay Bridge by the CHP late at night and subsequently blew a .09% breath test and a later .09% BAC blood test. Charged with a DUI and looking at termination of her job if convicted, today we successfully resolved the case without trial for a dismissal of all DUI charges and a plea to reckless driving for a greatly reduced sentence of 18 months informal court probation, fine of approximately $1,000, 12 hour DUI school and no jail, SWAP or community service. Client's DMV case pending as conviction did not result in mandatory license suspension.
San Francisco DUI .20% BAC First Offense DUI High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Oct 16, 2012
Outcome: ENHANCEMENT DISMISSED. 3 MONTH DUI SCHOOL, Fine & 100 Hours Community Service
Description: Client was involved in a motor vehicle collision and was stopped by SFPD while driving his smoking and heavily damaged vehicle. Client charged with DUI and special enhancement as his blood BAC was a .20%. Client was on disability, so SWAP was not an option and I had to get him the three month DUI school. Today, we successfully settled the case for three years court probation, fine of approximately $1,950, THREE MONTH DUI SCHOOL, and 100 hours of community service in lieu of jail or SWAP. Client's license suspended for thirty days and restricted for five months.
Contra Costa County Richmond DUI .15% BAC First Offense DUI High BAC Enhancement
Practice Area: Hercules DUI and DWI
Date: Oct 11, 2012
Outcome: DMV SUSPENSION "SET ASIDE": NO LICENSE SUSPENSION
Description: Client stopped by Hercules Police Department for being parked in a public lot using his cell phone. Officer considered it "suspicious" and stopped him. Subsequent blood test came in a .15% BAC. Client desperately needed to save his license for his job and we did a full investigation with retired SFPD officer and DUI expert Alan McCann. Mr. McCann testified at the DMV hearing which took two sessions. With the criminal charges discharged, the DMV hearing was EVERYTHING to the client and I'm grateful to say that we WON A SET ASIDE OF HIS DMV SUSPENSION. An excellent result for a truly remorseful client who won't ever drink and drive again but couldn't lose his job.
San Francisco DUI .22% BAC First Offense DUI FELONY DRUG POSSESSION High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Oct 10, 2012
Outcome: FELONY CHARGES DISMISSED, NO JAIL/SWAP, THREE MONTH DUI SCHOOL
Description: Client stopped by CHP on U.S. 101 southbound just after two in the morning for drifting over the lane divider and nearly causing a collision. Client, who had not criminal record, was out celebrating acceptance into a graduate program with friends and had way too much to drink for her tiny body resulting in breath test BAC of .22%. Unknown to me, apparently women "share" purses when they go out. In this case, the Client had the biggest purse, so all of her friends kept their belongings within it. After her arrest and during the booking process, CHP officers found a small baggie containing cocaine. Client was subsequently charged with an enhanced BAC DUI and FELONY DRUG POSSESSION. Today, we settled the case for a remarkable result which will not completely ruin her career. The felony charges were completely dismissed. Client received minimum sentence of three years informal court probation, fine of $2,018, THREE MONTH DUI SCHOOL (nine month is typical over a .20% BAC), no jail or SWAP and no drug consequences. Clients license will be suspended for thirty days and restricted for five months. Again, it's not about getting people off, it's mostly about getting them through it. We did it and it felt great to help!
Alameda County Oakland DUI .10% BAC Third Offense DUI
Practice Area: Oakland DUI and DWI
Date: Oct 04, 2012
Outcome: 120 DAYS ELECTRONIC MONITORING (NO JAIL!)
Description: Client was stopped speeding by the CHP and had suffered two prior DUI convictions in the last ten years thus making this his third. On third offenses, the minimum jail sentence is 120 days, but often folks get even more. In this particular case, I expected the client to receive home monitoring v.s. jail because Oakland usually resolved these cases that way. Unfortunately, this case began with the DA's new policy that third offenders could NOT do home monitoring and thus jail was required. Needless to say, that wasn't acceptable to this fifty something year old man with a steady job and two children. So...we litigated, we continued and we tried and tried for OVER ONE YEAR, until finally, or patience paid off and the judge granted our motion to allow electronic home monitoring and thus saved my client's job. He received five years of informal court probation, fine of $1,841, 18 month DUI school and 120 days of home detention. His license was revoked by DMV for three years but he should get a restricted license with installation of an ignition interlock device. As I work off of a flat fee, this was a negative case, but seeing the benefit of the hard work and result made it worth it!
Alameda County Oakland DUI .14% BAC First Offense DUI
Practice Area: Oakland DUI and DWI
Date: Oct 04, 2012
Outcome: DUI CHARGES DISMISSED. NO LICENSE SUSPENSION & NO SR22
Description: Boy was this a tough case! Client was a commercial driver for SF MUNI and stopped by CHP for speeding. Client realized his situation and actually attempted to run from the police after stopping and giving them his drivers license. Client had worked for MUNI for over five years and if he lost his license his family would surely be placed on welfare. Although the DA wouldn't budge, we appeared and appeared even fighting the case through a Motion to Suppress Evidence. With the help of my investigator Alan McCann and associate Reve Bautista we eventually settled the case for reckless driving with a Hellmandollar acquittal of the DUI which prevented the DMV from suspending his license. Truly good things come to those who wait. Client received hefty sentence for the deal: three years informal court probation, fine of $1860, six month DUI school and nine days of SWAP. NO LICENSE SUSPENSION, NO SR22 AND NO IID REQUIRED.
San Francisco DUI .15% BAC Second Offense DUI High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Oct 02, 2012
Outcome: ENHANCEMENT DISMISSED. Five Years Probation, Fine $2,100, 18 Month DUI School, 4 SWAP
Description: Client stopped on the Bay Bridge by CHP for "following too closely." Subsequent DUI investigation returned breath test of .15% BAC. Today, we successfully resolved the case for a dismissal of the special allegation, five years of adult probation, fine of $2,100, 18 month DUI school and what will ultimately be four days of SWAP. Client's license suspended for ninety days and restricted thereafter with installation of an ignition interlock device ("IID").
Alameda County Oakland DUI .09% BAC Second Offense DUI
Practice Area: Oakland DUI and DWI
Date: Oct 02, 2012
Outcome: DUI CHARGES DISMISSED. NO LICENSE SUSPENSION & 12 HOUR DUI SCHOOL
Description: Client stopped for speeding by CHP and subsequent breath tests returned .08% and .09% BAC. Client had suffered a prior DUI conviction five years ago, but charging DA missed it. As a result, we successfully settled the case for a first offense, reduced to reckless driving for a tremendous result: two years court probation, fine of $1,013, and 12 hour DUI school. Since we obtained a court acquittal on the driving with a BAC in excess of .08%, DMV will set aside any suspension and he will not be required to complete the 18 month DUI school, get an SR22 or IID and NO LICENSE SUSPENSION
Santa Clara County San Jose DUI .17% BAC First Offense DUI Collision High BAC Enhancement
Practice Area: San Jose DUI and DWI
Date: Sep 25, 2012
Outcome: Probation Granted: THREE MONTH DUI SCHOOL, 8 Days SWAP
Description: Client is a small and petite woman of barely 100 pounds who likely had too much to drink. As she was driving from Santana Row, a slow moving vehicle merged right in front of her causing her to collide with the bumper and then lose control of her vehicle while spun into the guard wall. CHP investigated the case as a DUI and a blood test came back over the enhancement level at .17%BAC. Client, an otherwise good person with no criminal record, wanted this matter resolved and to never do it again. Today, I helped her minimize her sentence to three years informal court probation, fine of about $1,850, THREE MONTH DUI SCHOOL, and 8 days of SWAP in lieu of jail. License suspended for thirty days and restricted for five months. An excellent result considering that Santa Clara County regularly give six days of SWAP on a standard case.
Contra Costa County Walnut Creek Felony Domestic Violence
Practice Area: Walnut Creek Felony Domestic violence
Date: Sep 21, 2012
Outcome: CASE DISMISSED
Description: Client was a small statured and young college student with an international visa when she got into a fight with her boyfriend. Although it appeared that the boyfriend has assaulted her (and had done so more than once before), the police arrested her because while defending herself she slapped him thus creating a bloody nose. Unbelievably, she was arrested for felony domestic violence and facing actual jail and possible deportation. Nevertheless, after conferring with the District Attorney, the case was wisely dismissed for a lack of evidence.
Alameda County DUI Oakland .10% BAC Second Offense DUI
Practice Area: Oakland DUI and DWI
Date: Sep 18, 2012
Outcome: DUI CHARGES DISMISSED. CASE REDUCED TO RECKLESS DRIVING
Description: Client stopped for speeding on the Bay Bridge by CHP. Subsequent DUI investigation returns breath test of .10% BAC. Client had suffered prior DUI conviction in San Mateo County in 2007. Today we resolved the case most favorably: all DUI charges dismissed for two years of informal court probation, fine of $1,013, 9 month DUI school and 8 days of SWAP in lieu of jail. Client eligible for restricted license after 90 days with installation of an ignition interlock device ("IID").
Alameda County Oakland DUI .08% BAC First Offense DUI
Practice Area: Oakland DUI and DWI
Date: Sep 18, 2012
Outcome: CASE DISMISSED
Description: Client was stopped by the CHP after an "abrupt" lane change. Subsequent test of her blood came in a .08% and DA charged her with DUI. At first Pre-Trial Conference, the DA offered a "wet reckless." My client and I elected to continue the case (two additional times) to complete a retest of the blood which came in a .07% BAC. DA subsequently dismissed the case. DMV remains pending but we are hopeful.
San Mateo County Petition for Factual Innocence DUI
Practice Area: San Mateo DUI and DWI
Date: Sep 12, 2012
Outcome: PETITION GRANTED. CLIENT FOUND FACTUALLY INNOCENT
Description: Just how reliable are field sobriety tests anyway? Client was actually a designated driver who consumed just over one drink. Upon leaving a bar in San Mateo, she noticed that the San Mateo Police Department was staking out the establishment. As they left the parking lot, the police vehicle immediately began to follow them. Unfamiliar with the area, she signaled for a turn which she did not make. Of course she was then stopped and submitted to all physical field sobriety tests (which were recorded on video by her passenger). Although I thought she passed the tests based on the video, the officer saw things differently and she was arrested for DUI. She was not offered a breath test at the station which would have exonerated her but instead a blood test which came back .02%. All criminal charges were dismissed by the DA, but we filed a petition to seal and destroy the record of the arrest and for a finding of factual innocence. The DA in what is now typical, claimed they never received the petition. After showing them the documents with their own office stamp, they asked for a continuance to "confer with a supervisor" to determine if they would object to the petition. The case took all day long and at 3:30 p.m. the DA came in with the police report and objected strenuously to our petition. After significant oral argument, the judge did the right thing and granted the petition. These types of petitions are nearly impossible to win when the DA objects so it was a well earned victory.
San Mateo County DUI .13% BAC First Offense DUI
Practice Area: Belmont DUI and DWI
Date: Sep 12, 2012
Outcome: Probation Granted, $1,900 Fine, 3 Month DUI School, 1 Day SWAP
Description: Client stopped by the CHP on a "welfare check," as he was stopped on the side of U.S. 101 Southbound and didn't have any license plates. Client, an engineer with the Navy, was just in town while on leave and eventually submitted to a .13% BAC breath test. As the client had to be deployed thereafter, I managed the case for him for several months allowing him to participate in the clean up efforts after the Japanese tsunami. Today, we settled the case reasonably thus allowing him to accept responsibility for his bad decision to drive after drinking. Client received minimum sentence of three years informal court probation, fine of about $1,900, three month DUI school and one day of SWAP in lieu of jail. Client's license suspended for six months (I obtained a stay of the requirement that he enroll in the DUI school until next March so he could continue his duties). Often the best service a DUI lawyer can provide is managing the courts so the client can continue with their career with as little distraction as possible.
San Francisco DUI .21% BAC First Offense DUI Collision High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Sep 06, 2012
Outcome: ENHANCEMENT DISMISSED & THREE MONTH DUI SCHOOL
Description: Client rear ended another vehicle at a red light causing minor injuries. Client was so intoxicated that he refused chemical test going so far as to urinate on the floor of the police station. Forced blood draw returned a BAC of .21%. Client charged initially with felony DUI (injuries), refusal and high BAC enhancements. Today, I helped this troubled young man resolve his case for a dismissal of the enhancement, three years of informal court probation, fine of $1,979, THREE MONTH DUI SCHOOL (nine month is usually required), and 20 AA meetings in lieu of NO JAIL OR SWAP. All charges misdemeanor. Let's hope he doesn't come back again.
San Francisco DUI .10% BAC First Offense DUI
Practice Area: San Francisco DUI and DWI
Date: Aug 24, 2012
Outcome: DUI CHARGES DISMISSED. CASE REDUCED TO RECKLESS DRIVING
Description: Client stopped by the CHP for driving with expired registration tags. Subsequent DUI investigation showed a .10% BAC on a breath test. Client arrested for DUI and spends the night in the San Francisco jail. Today, I successfully helped this individual settle his DUI case for a reduction to reckless driving (DUI charges dismissed) for a greatly reduced sentence of 18 months informal court probation, fine of less than $1,000, and a 12 hour DUI school. Client still facing likely suspension of thirty days from the DMV with a five month driving restriction. Nevertheless, a great result for a deserving client who was not a criminal but instead a person who made a mistake.
San Francisco DUI .21% BAC First Offense DUI High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Aug 24, 2012
Outcome: Probation Granted, $1,950 Fine, THREE MONTH DUI SCHOOL, 1 Day of SWAP
Description: Client stopped by the CHP for drifting over the center line. Client, a father in his 50's, had no criminal record and was an upstanding citizen and volunteer in his church. Unfortunately, he had a difficult day at work and mad the mistake of drinking too much and then driving. Subsequent breath tests came in a high .21%, thus qualifying him for special enhancement penalties. Today, I successfully helped him resolve his case for minimum punishment of three years informal court probation, fine of about $1,950, THREE MONTH DUI SCHOOL (9 months is normally required) and only one day of SWAP (community service) in lieu of actual jail. Clients license suspended for thirty days and restricted for five months (would have been restricted for ten months with the nine month DUI school). Again, while the client made a bad decision, he wasn't a bad person and I enjoyed the reward of helping him put his DUI incident in his past rather than his future.
Contra Costa County Richmond DUI .21% BAC First Offense DUI High BAC Enhancement
Practice Area: Richmond DUI and DWI
Date: Aug 23, 2012
Outcome: ENHANCEMENT DISMISSED & THREE MONTH DUI SCHOOL
Description: Client stopped for driving without headlights and subsequently tested on breath device which registered a .21% BAC. Client charged with DUI and special enhancement which would normally qualify her for a 9 month DUI school. Today, we settled the case for minimal sentence of three years informal court probation, fine of $1,876, THREE MONTH DUI SCHOOL, and three days of SWAP in lieu of actual jail. The enhancement was dismissed and the client saved six months of extra DUI school and an additional $1,200 of cost. Clients license suspended for thirty days and restricted for five months.
San Francisco DUI .05% BAC First Offense DUI Under 21 Zero Tolerance DUI Bench Trial
Practice Area: San Francisco DUI and DWI
Date: Aug 20, 2012
Outcome: NOT GUILTY. SUSPENSION SET ASIDE
Description: Client, a USF student, was stopped in the Richmond District for excessive window tint and was subsequently tested on a PAS device and had a .05% BAC breath test. DMV previously suspended his license, so we demanded a trial in the criminal case. Although the officer appeared for the trial, I succeeded in excluding the test results from evidence and the client was acquitted of the DUI. Accordingly, he will not have to complete a DUI school, get an SR-22 or suffer the one year license suspension.
Marin County DUI .09% BAC First Offense DUI
Practice Area: Novato DUI and DWI
Date: Aug 07, 2012
Outcome: DUI DISMISSED. Client Received Traffic School for Speeding Infraction
Description: Client attended a concert in San Francisco with friends and had two drinks. Although she tried to wait long, she drove home to Marin County and was stopped by the CHP for speeding on the Golden Gate Bridge. Subsequent breath tests returned results of .08% and .09% BAC. DUI charges were DISMISSED, and DA proceeded only with speeding infraction.
Contra Costa County Richmond DUI .21% BAC First Offense DUI High BAC Enhancement
Practice Area: San Pablo DUI and DWI
Date: Aug 03, 2012
Outcome: ENHANCEMENT DISMISSED & THREE MONTH DUI SCHOOL
Description: Client had consumed alcohol and received an a security alarm at his Wearhouse. While driving to the alarm, he passed a San Pablo Police Department vehicle which stopped him for crossing the yellow line to do so. Subsequent breath test came in a .21% BAC thus qualifying him for a special enhancement and exposure to the dreaded nine month DUI school. Today, we settled the case for a reasonable resolution: three years informal court probation, fine of $1,876, THREE MONTH DUI SCHOOL and two days of SWAP in lieu of jail. Clients license suspended for thirty days and restricted for five months. An excellent result as Client faced the nine month school which would have extended his DUI restriction to ten months and possibly required and ignition interlock device ("IID").
San Mateo County DUI .16% BAC First Offense DUI High BAC Enhancement
Practice Area: San Mateo DUI and DWI
Date: Jul 18, 2012
Outcome: ENHANCEMENT DISMISSED & NO ACTUAL DMV SUSPENSION
Description: Client was a good family man and hard working professional who was stopped by the San Mateo Police Department for rolling a red light. Subsequent breath test came in a .16% BAC and he was arrested and charged with DUI with special allegation for high BAC. Today, I helped this client minimize impact for this case by negotiating a disposition that included a dismissal of the high BAC enhancement. Client received three years of informal court probation, fine of $1,827, THREE MONTH DUI SCHOOL, and two days of SWAP in lieu of jail. We worked out an excellent result at the DMV whereby he suffered no actual license suspension but transitioned directly into a five month restriction.
Alameda County Oakland DUI .12% BAC First Offense DUI
Practice Area: Oakland DUI and DWI
Date: Jul 18, 2012
Outcome: DUI CHARGES DISMISSED. Case Settled for Reckless Driving: NO IID
Description: Interesting case for a good young man. He was stopped for speeding and subsequent blood test came in a .12% BAC. Having little money, he tried to handle the case on his own and was in fact accompanied to court with his employer who was an attorney. As much as they tried, the DA would not reduce the offense. Client hires me (literally the day before his next hearing) and we're able to accomplish what he could not: DUI CHARGES DISMISSED, and the case reduced to reckless driving. Client saved substantial money and headache by receiving reduced sentence of two years court probation, fine of $1,013, three month DUI school, NO SWAP and more importantly NO IID! Client had previously lost his license which was suspended for four months.
Solano County Vallejo DUI .19% BAC First Offense DUI High BAC Enhancement
Practice Area: Vallejo DUI and DWI
Date: Jul 17, 2012
Outcome: Probation Granted: 3 Years, Fine $1,900, 3 MONTH DUI SCHOOL and 3 SWAP
Description: Client was only 20 years old when he was stopped in a mall parking lot with a car full of friends and beer while trying to push start a disabled vehicle. Complicating matters, client had suffered a prior APS suspension for driving at a .04% BAC two years earlier. Client arrested and charged with enhanced high BAC DUI. Today, I successfully settled the case for minimum sentence of three years informal court probation, fine of approximately $1,900, THREE MONTH DUI SCHOOL, and three days of SWAP in lieu of actual jail. As client was under 21, his license was subject to a one year hard suspension.
San Francisco DUI .09% BAC First Offense DUI
Practice Area: San Francisco DUI and DWI
Date: Jul 16, 2012
Outcome: DUI Charges DISMISSED. Case Settled for Reckless Driving.
Description: Client stopped by CHP after one of his passengers threw a lit cigarette butt out of the car window. Breath test returned a result of .09% BAC and client was arrested for DUI. Case settled for dismissal of DUI charges in exchange for plea to reckless driving for minimal sentence: 18 months informal court probation, fine of about $900, 12 hour DUI school and no jail or SWAP. Client's license likely to be suspended for four months.
Contra Costa County Pittsburg DUI .29% BAC First Offense FELONY DUI High BAC Enhancement
Practice Area: Pittsburg Felony DUI and DWI
Date: Jul 12, 2012
Outcome: CASE REDUCED TO MISDEMEANOR NON-INJURY DUI
Description: Client was a commercial driver who was off duty when he rear-ended multiple vehicles causing minor injuries to multiple victims including a young girl. Client's blood test came back a heavy .29% BAC and he was arrested and subsequently charged with a FELONY for DUI causing injury. After over one year of negotiations (during which time I managed to keep his license from suspension by the DMV so he could continue to work), I successfully resolved the case for a MISDEMEANOR NON-INJURY DUI. Although this was a remarkable result, client still suffered stiff punishment of three years informal court probation, fine of $1,876, 9 month DUI school, restitution and 54 days of jail. The court allowed him to do his time on home detention, but the cost was too much and the client chose to do his time in custody meaning that he'll probably do about 20 actual days. The commercial license was suspended for one year, but he is eligible for a restricted license after thirty days.
Solano County Fairfield DUI .17% BAC First Offense DUI High BAC Enhancement
Practice Area: Fairfield DUI and DWI
Date: Jul 11, 2012
Outcome: ENHANCEMENT DISMISSED, NO SWAP AND 3 MONTH DUI SCHOOL
Description: Client was a mess after breaking up with her boyfriend. Driving on I-80, she was stopped by the CHP for swerving after she was reported by another driver. Breath test came back .17% BAC and she was arrested for DUI. Today, we successfully settled the case for minimum punishment of three years informal court probation, fine of about $1,800, THREE MONTH DUI SCHOOL and most importantly, NO JAIL, SWAP OR COMMUNITY SERVICE. Client's license suspended for thirty days and restricted for five months.
Marin County DUI .43% BAC First Offense DUI & .28% BAC Second Offense DUI Injury Collision High BAC Enhancement
Practice Area: Novato DUI and DWI
Date: Jun 29, 2012
Outcome: Charges Reduced to Non-Injury DUI: NO ACTUAL JAIL, SWAP OR COMMUNITY SERVICE
Description: In a very serious case, this client was previously represented by a Southern California law firm that did basically nothing but charge her nearly $20,000. Due to a lack of communication with them, she hired me and I substituted in as attorney of record. Client received first DUI and blood test came in a whopping .43% BAC. A month later, she was arrested after causing a collision and registering a .28% BAC. Initially charged with a DUI causing injury (Vehicle Code section 23153), I was able to successfully settle both her cases for misdemeanor straight DUI's. She received the following sentence: three years informal court probation, fines of about $3,500, 18 month DUI school and restitution. I skillfully obtained credits for the clients residential treatment which resulted in a $900 credit from her fine and NO JAIL OR SWAP. Client's prior "law firm" knew about her second DUI case within the ten day window required to request a hearing but DIDN'T DO IT because they wanted their money (which they got) first. DMV alleged that the second DUI was a "forced blood draw," a claim that could have been disputed but was again waived because of MONEY. Client suffered a two year actual suspension of her license as a result.
San Mateo County Redwood City DUI .13% BAC First Offense DUI
Practice Area: San Mateo DUI and DWI
Date: Jun 28, 2012
Outcome: Probation Granted, $1,842 Fine, 3 Month DUI School, NO JAIL OR SWAP
Description: Client stopped by the San Mateo County Sheriff for crossing the center line. Subsequent investigation by the CHP returned a blood result of .13% and a DUI arrest. Today, we successfully settled the case for three years informal probation, fine of $1,842, three month DUI school and NO ADDITONAL JAIL OR SWAP. Clients license suspended for thirty actual days and restricted for five months.
San Francisco DUI .21% BAC First Offense DUI Hit and Run Collision High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Jun 27, 2012
Outcome: HIT AND RUN CHARGES DISMISSED
Description: I believe the first DUI offense can come in all different shapes and sizes. When you make the evening news, however, it can't be a good thing. This client was arrested after he ran into multiple vehicles and totaled his car around a light pole on the Embarcadero. His blood came in at high .21% BAC. That said, this case was about damage control. Today we successfully settled the case for a dismissal of all hit and run charges and a plea to DUI for three years court probation, fine of $1,850, 6 month DUI school and 11 days of SWAP. This was an acceptable result under the circumstances. Client's license suspended for thirty days and restricted for seven months.
San Francisco DUI .10% BAC Second Offense DUI
Practice Area: San Francisco DUI and DWI
Date: Jun 27, 2012
Outcome: DUI Charges DISMISSED. Case Reduced to Reckless Driving: NO JAIL
Description: Client suffered a prior conviction in 2003 in Santa Clara County and drove into an SFPD DUI checkpoint. Breath tests showed the client was from a .09% to .12% BAC. Client arrested and charged with DUI. Today, I settled the case for an amazing result: DUI CHARGES DISMISSED. Case reduced to reckless driving for three years informal court probation, fine of $848, 12 HOUR DUI SCHOOL, and four actual days of SWAP.
San Francisco DUI .13% BAC First Offense DUI
Practice Area: San Francisco DUI and DWI
Date: Jun 26, 2012
Outcome: Probation Granted, $1,959 Fine, 3 month DUI School, NO JAIL OR SWAP
Description: Client stopped by the CHP for crossing a gore point on the freeway. Subsequent breath test returned result of .13%. Client had two prior out of state DUI convictions and we faced the potential of significant jail time. We successfully settled this case as a first offense for minimal sentence: three years informal court probation, fine of $1,959, three month DUI School and NO JAIL OR SWAP. Clients license likely suspended for thirty days and restricted for five months.
San Francisco DUI .23% BAC First Offense DUI High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Jun 26, 2012
Outcome: ENHANCEMENT DISMISSED. 3 MONTH DUI SCHOOL, $1,989 Fine & 7 SWAP
Description: Client stopped by the SFPD for driving in the wrong lane of traffic. Subsequent blood test returned result of .23% BAC. Client charged with DUI, high BAC enhancement and an additional misdemeanor or reckless driving. Today we successfully settled the case for a dismissal of all charges in exchange for a plea to driving with a BAC greater than .08%. The special allegation and reckless driving charges were dismissed. Client received three years informal court probation, fine of $1989, THREE MONTH DUI SCHOOL (nine is usually standard for this case) and seven actual days of SWAP in lieu of jail. Clients license suspended for thirty days and restricted for five months. Nine month DUI schools are long, expensive and usually mandatory for cases like this. Getting the three month school was a huge victory saving the client six months of school, an additional five months of license restriction and about $1,200. An excellent result in the end for a deserving client.
Contra Costa County Walnut Creek DUI .10% BAC Fourth Offense FELONY DUI Collision
Practice Area: Walnut Creek DUI and DWI
Date: Jun 14, 2012
Outcome: NO ACTUAL JAIL: 6 MONTHS TREATMENT, 6 MONTHS HOME DETENTION
Description: I represented client previously for his second and third DUI's last year. I was able to get him a second offense and a wet reckless respectively and warned him that his next DUI would be a fourth offense felony. Unfortunately, he drove on a suspended license and was involved in a collision that led to a .10% BAC chemical test and his fourth DUI in less than five years. Charged with a felony, he faced a maximum sentence of three years in prison. Today, I settled his case for NO ACTUAL JAIL. Client received five years supervised probation, fine of $2,016, 18 month DUI school, six months residential treatment and six months home detention. Client required to have an ignition interlock device for the length of his probation and license revoked.
Alameda County Oakland DUI .15% BAC First Offense DUI High BAC Enhancement
Practice Area: Oakland DUI and DWI
Date: Jun 14, 2012
Outcome: DUI CHARGES DISMISSED. CASE REDUCED TO RECKLESS DRIVING
Description: Client is a hard working student going to college while managing two jobs. Unfortunately, she drove after drinking and got her car hung up on railroad tracks. Subsequent breath test returned result of .15% BAC. After several court appearances and persistent advocacy, we convinced the district attorney to reduce the offense to reckless driving. As a result, client's sentence substantially reduced: three years of court probation, fine of $1,013, three month DUI school, NO JAIL OR SWAP, and most importantly, NO MANDATORY IGNITION INTERLOCK DEVICE. Client's license likely to be suspended by DMV for thirty days and restricted for five months. A rewarding result.
Alameda County Oakland DUI .12% BAC First Offense DUI
Practice Area: Albany DUI and DWI
Date: Jun 14, 2012
Outcome: DUI CHARGES DISMISSED. CASE REDUCED TO RECKLESS DRIVING: NO "IID"!
Description: Client stopped by the Albany Police Department for a brake lamp violation. Subsequent investigation returned a breath test BAC of .12%. Today, we successfully resolved the case for a reduction to reckless driving for: three years informal court probation, fine of $1,013, three month DUI school and NO JAIL OR SWAP. Clients license likely, however, to be suspended by DMV for thirty days and restricted for five months. Because of the reduction, I saved the client five months of ignition interlock device ("IID").
Alameda County Oakland DUI First Offense DUI REFUSAL
Practice Area: Piedmont DUI and DWI
Date: Jun 14, 2012
Outcome: CASE DISMISSED & DMV "SET ASIDE"
Description: Client stopped by the Piedmont Police Department who alleged that he "refused" a chemical test. Client faced DUI with stiff refusal enhancement which would have resulted in a minimum 9 month DUI school and a full year of license suspension. As the officer taped the refusal and then destroyed the evidence, we obtained a full DISMISSAL of all criminal charges. The DMV was another story...After several hearings and the testimony of four witnesses we were able to convince the hearing officer to SET ASIDE THE LICENSE SUSPENSION. In other words, a total victory which meant a happy lawyer and an even happier client!
San Francisco DUI .11% BAC First Offense DUI
Practice Area: San Francisco DUI and DWI
Date: Jun 12, 2012
Outcome: DUI CHARGES DISMISSED. CASE REDUCED TO RECKLESS DRIVING
Description: Client is a young man and college student who was stopped by CHP for weaving in the late hours. Subsequent blood test returned BAC result of .11%. Although I saw the case all along as a reduction, i.e. reckless driving, the district attorney disagreed. Undaunted, I continued to cajole the DA until we compromised in the middle: DUI charges dismissed and case amended to reckless driving. Client received two years of informal court probation, fine of approximately $1,000, three month DUI school and no jail or SWAP. Basically a minimum sentence for a deserving client as we all make mistakes in life.
Marin County DUI .11% BAC First Offense DUI
Practice Area: San Rafael DUI and DWI
Date: Jun 08, 2012
Outcome: Probation Granted: 3 Years, $1,850 Fine, 3 Month DUI School, NO JAIL OR SWAP
Description: Client stopped by the United States Park Service for expired registration and happened to have an open container in the vehicle. Client subsequently arrested for DUI and charged with open container violation. Today I successfully settled the case for three years informal court probation, fine of approximately $1,850, three month/level one DUI school and NO JAIL OR SWAP. Open container charge dismissed. Client previously waived DMV hearing, so license suspended for basically six months.
Contra Costa County Superior Court located at 725 Court Street in Martinez, California.
Alameda County Oakland DUI .11% BAC Third Offense DUI Probation Violation
Practice Area: Oakland DUI and DWI
Date: Jun 06, 2012
Outcome: DUI Charges DISMISSED. Case Reduced to Reckless Driving: NO JAIL
Description: Client had suffered two prior DUI convictions and was still on probation out of Alameda County when he was stopped by the Oakland CHP for weaving. Client subsequently arrested for DUI and blood test revealed .11% BAC. Today, I settled the case for an amazing result: DUI CHARGES DISMISSED. Case reduced to reckless driving for three years informal court probation, fine of $1,013, nine month DUI school and 28 days of SWAP in lieu of custody. Considering that this case would normally be around 180 days jail, it was amazing that I was able to settle this case for NO JAIL.
San Francisco DUI .26% BAC First Offense DUI High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: May 30, 2012
Outcome: CASE DISMISSED
Description: Client stopped by the side of the road to change a flat tire when approached by CHP. Encounter leads to DUI investigation which returns a blood BAC of .26%. Client in the military and unable to appear for court. We successfully avoided the case for over one year and as a result district attorney unable to pursue charges. CASE DISMISSED.
San Mateo County DUI .25% BAC First Offense DUI Collision High BAC Enhancement
Practice Area: Millbrae DUI and DWI
Date: May 16, 2012
Outcome: Probation Granted. $1,827 Fine, 4 SWAP, 9 Month DUI School
Description: Client was involved in a collision with another vehicle in a hotel parking lot and the Millbrae Police Department was called. Blood test later revealed that Client had BAC of .25%. Client charged with DUI with enhancements for collision and high BAC. Successfully settled case today for minimized punishment: three years informal court probation, four days of SWAP in lieu of actual jail, fine of $1,827 and nine month DUI school. Negotiated restricted only license from the DMV so client suffered no actual suspension and transferred directly into restricted license for about nine months.
Contra Costa County Walnut Creek DUI .20% BAC First Offense DUI Collision High BAC Enhancement
Practice Area: Orinda DUI and DWI
Date: May 15, 2012
Outcome: ENHANCEMENT DISMISSED, 3 MONTH DUI SCHOOL, 10 SWAP, $1,896 Fine
Description: Client was driving home from a work party when he lost control of his vehicle and crashed into an electrical pole. Vehicle was totaled, but Client OK. Client arrested by Orinda Police Department for DUI and blood test revealed .20% BAC. Today we successfully settled the case for: three years informal court probation, fine of $1,896, THREE MONTH DUI SCHOOL, and ten days of SWAP in lieu of jail. Client's license suspended for thirty days and restricted for five months. Three month DUI school was a huge success since Contra Costa County has a six month program that they regularly order.
San Mateo County DUI .16% BAC First Offense DUI High BAC Enhancement
Practice Area: Daly City DUI and DWI
Date: Apr 27, 2012
Outcome: ENHANCEMENT DISMISSED. 3 MONTH DUI SCHOOL, $1,837 Fine & 2 SWAP
Description: Client stopped at about 3 a.m. by the Daly City Police Department for an unsafe lane change. Upon search of the vehicle, police find an open bottle of Vodka and driver is subsequently arrested for DUI. Blood test reveals BAC of .16%, so District Attorney charges client with excessive BAC DUI enhancement and open container. Today we settled the case successfully for dismissal of the enhancement and open container charges for plea to standard DUI. Client received three years court probation, fine of $1,837, three month DUI school and two days of community service. License suspended for thirty days and restricted for five months.
San Mateo County DUI .08% BAC First Offense DUI
Practice Area: San Mateo DUI and DWI
Date: Apr 27, 2012
Outcome: DUI CHARGES DISMISSED. CASE REDUCED TO RECKLESS DRIVING & DMV SET ASIDE
Description: Client was involved in a little dispute with his girlfriend and subsequently drove at a high rate of speed in a shopping center parking lot and totaled his BMW into a tree. Police arrived and administered breath test which came back at .08%. District Attorney prosecuted client, who accepted offer of dismissal of DUI charges for reckless driving (wet). Client received reduced sentence of two years court probation, fine of $1,491, 12 hour DUI school and NO JAIL or SWAP. DMV SET ASIDE SO NO LICENSE SUSPENSION AND NO SR-22.
San Mateo County DUI .11% BAC First Offense DUI
Practice Area: San Mateo DUI and DWI
Date: Apr 27, 2012
Outcome: DUI CHARGES DISMISSED. CASE REDUCED TO RECKLESS DRIVING
Description: Client stopped by San Mateo County Sheriff for speeding and subsequent DUI investigation yielded a .11% BAC. We argued for a reduction to a wet reckless but they initially refused. We returned the favor by filing a Motion to Suppress Evidence. Upon receipt of our motion, District Attorney agreed to reduce offense to reckless driving. Client received reduced sentence of two years informal court probation, three month DUI school, and fine of $1,437. NO JAIL or SWAP. Deal with DMV resulted in NO ACTUAL LICENSE SUSPENSION as he went directly into a five month restricted license.
San Francisco DUI .10% First Offense FELONY DUI Injury Collision
Practice Area: San Francisco Felony DUI and DWI
Date: Apr 24, 2012
Outcome: FELONY REDUCED TO STANDARD DUI; No Jail & Minimum License Suspension
Description: Client arrested following collision with off duty police officer. Injuries included laceration to passenger's face and back injury to off duty officer. Breath test showed a .10% BAC. Client charged with FELONY DUI with injury. First, we obtained a reduction of the felony to a misdemeanor, DUI with injury. After several pre-trial conferences and a complete investigation by Alan McCann, the DA agreed to reduce the offense to a standard DUI, thus saving the client from a one year license suspension. Client received stiff punishment, nonetheless, of: three years court probation, fine of $1,939, three month DUI school, and 14 days of SWAP. Client's license suspended for thirty days and restricted for five months.
Alameda County Oakland DUI Petition to Revoke Probation
Practice Area: Oakland DUI and DWI
Date: Apr 18, 2012
Outcome: PETITION WITHDRAWN. CASE DISMISSED
Description: Client convicted of DUI in 2010. Although he was only a .10% BAC, he did not hire a lawyer and as a result did not get a reduction of the offense to a reckless driving. Having been convicted of DUI in Alameda County, he was required to have an ignition interlock device "IID" installed in any vehicle he drove. On one occasion, he drove his friends car and was stopped by the CHP. Facing a license suspension and possible jail time, I was able to convince the district attorney to withdraw the petition and earn a dismissal of the case.
Contra Costa County Pittsburg DUI .22% BAC Second Offense COMMERCIAL DRIVER DUI High BAC Enhancement
Practice Area: Pittsburg DUI and DWI
Date: Apr 16, 2012
Outcome: DMV Hearing Won; Probation Granted, only 9 Days SWAP
Description: Client was a commercial driver who picked up his second DUI by speeding with a BAC of .22%. He had exposure to losing his commercial license forever and thus being terminated from his job and denied his pension. I was able to win the DMV hearing, however, and saved his license for two full years until retirement. We then settled the case for a minimal second offense punishment: four years informal court probation, fine of $1,900, 18 month DUI school and only nine days of SWAP in lieu of jail. Commercial license suspended indefinitely, restricted license available after one year.
Alameda County Oakland DUI .18% BAC Second Offense DUI High BAC Enhancement
Practice Area: Oakland DUI and DWI
Date: Apr 16, 2012
Outcome: Enhancement Dismissed. 3 Years Probation, $1,900 fine, 9 SWAP
Description: Client stopped for DUI by California Highway Patrol and provided breath test which registered a .18% BAC. Client had previous DUI conviction in ten years. After two Pre-Trial Conferences, I was able to settle the case for a DISMISSAL of the enhancement, and minimum sentence of three years informal court probation, fine of approximately $1,900, 18 month DUI school and only nine days of SWAP in lieu of jail. Client eligible for a restricted license from DMV after 90 days of suspension.
Contra Costa County Richmond DUI : .10% BAC 1st Offense DUI w/Speed Enhancement
Practice Area: Richmond DUI and DWI
Date: Apr 12, 2012
Outcome: DUI CHARGES AND ENHANCEMENT DISMISSED
Description: Client stopped by the CHP for traveling 110 mph in a 65 mph zone. Subsequent chemical test revealed a .10% BAC. Client arrested and charged with DUI and excessive BAC enhancement. Speed enhancement carries a mandatory 60 day jail sentence. Case finally resolved for best case scenario: DUI charges and enhancement dismissed. Case reduced to reckless driving for two years of court probation, fine of $1,200, 12 hour DUI school and NO JAIL OR SWAP. Client's license suspended for four months.
Santa Clara County San Jose DUI .19% BAC First Offense DUI High BAC Enhancement
Practice Area: Santa Clara DUI and DWI
Date: Apr 10, 2012
Outcome: ENHANCEMENT DISMISSED, 3 MONTH DUI SCHOOL, 5 SWAP, $1,876 Fine
Description: Client was arrested by the Santa Clara County Sheriff's Department after being found asleep behind the wheel at a stop light. Client charged by district attorney with DUI and high BAC enhancement. Today we settled the case for minimum DUI punishment in San Jose: three years informal court probation, fine of $1,876, THREE MONTH DUI SCHOOL, and five days of SWAP in lieu of jail. ENHANCEMENT DISMISSED, which was huge because client would have had substantial punishment. License suspended for thirty days and restricted for five months.
San Francisco DUI .19% BAC First Offense DUI Collision High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Apr 05, 2012
Outcome: ENHANCEMENT DISMISSED. 3 MONTH DUI SCHOOL, $1,979 fine and 4 SWAP
Description: Client unfortunately crashed her car while driving home to Marin County from Santa Clara. She was arrested for DUI and breath test returned a .19% BAC result. She tried to represent herself, but quickly learned the pitfalls in San Francisco's Department 17. Today, I helped her resolve the case for minimal punishment: three years informal court probation, fine of $1,979, THREE MONTH DUI SCHOOL, basically four days of SWAP and restitution (to the bush). DMV suspended her license for thirty days with eligibility for a five month restriction.
San Mateo County Redwood City DUI .20% BAC Second Offense DUI High BAC Enhancement
Practice Area: Redwood City DUI and DWI
Date: Apr 04, 2012
Outcome: ENHANCEMENT DISMISSED & NO ACTUAL JAIL. Probation, Fine, School & 29 SWAP
Description: Client had previously been convicted of a "wet" reckless in 2003. Unfortunately, he made a bad choice and drove after consuming a substantial amount of alcohol. He was stopped by CHP driving the wrong way on Interstate 280 in San Mateo County. He was arrested for DUI and a blood test returned result of .20% BAC. We successfully minimized impact for this father of two young daughters by getting him the minimum three years court probation, fine of $2,300, 18 Month DUI School, and 29 days of SWAP in lieu of jail. So, NO ACTUAL JAIL! Client's license suspended for 90 days with eligibility for restricted license for the balance of two years.
San Mateo County Redwood City DUI .24% BAC First Offense DUI Collision High BAC Enhancement
Practice Area: Menlo Park DUI and DWI
Date: Apr 04, 2012
Outcome: Probation Granted. $1,950 fine, 4 SWAP, 9 Month DUI School
Description: Client, a board licensed physician, made a mistake and had too much to drink with friends before driving home one night. On the way, he lost track of his attention and rear-ended a delivery truck. Menlo Park Police Department investigated and a blood test yielded a .24% BAC. Client arrested and charged with DUI. Today at settlement conference, I was able to negotiate a reasonable settlement of: three years informal court probation, fine of about $1,950, nine month DUI school and only FOUR DAYS OF SWAP. Client's license suspended for thirty days and restricted for ten months.
San Francisco DUI .14% BAC First Offense DUI
Practice Area: San Francisco DUI and DWI
Date: Apr 02, 2012
Outcome: Probation Granted, $1,950 Fine, 3 Month DUI School & 2 SWAP
Description: Client was stopped by the CHP for running a red light south of Market Street. Subsequent breath test returned a BAC of .14%. Client arrested and charged with DUI. I appeared for the first pre-trial conference, but continued the case for client so he could travel to Canada for his wife's immigration interview. At the second hearing, I successfully settled the case for three years informal court probation, fine of $1,950, three month DUI school and two days of SWAP in lieu of jail. Client' license suspended for thirty days and restricted for five months.
San Francisco DUI .20% BAC First Offense DUI High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Apr 02, 2012
Outcome: ENHANCEMENT DISMISSED, 3 MONTH DUI SCHOOL & 2 SWAP
Description: Client was stopped by CHP for driving with expired registration. Subsequent DUI investigation yielded breath test results of .20%. Client charged with DUI and excessive BAC enhancement. Today we successfully settled the case for minimum punishment (enhancement dismissed): three years of informal court probation, $1,950 fines, THREE MONTH DUI SCHOOL, and two days of SWAP in lieu of jail. Client's license suspended for thirty days and restricted for five months.
San Francisco DUI .16% BAC First Offense DUI High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Apr 02, 2012
Outcome: DUI Charges DISMISSED. Case Settled for Reckless Driving
Description: Client was arrested by SFPD after he was found with a disabled vehicle (ran out of gas) for DUI and subsequent blood test returned result of .16%. Client charged with DUI and excessive BAC enhancement. We successfully settled the case today for client for a DISMISSAL OF THE DUI CHARGES. Client accepted plea to reckless driving for three years informal court probation, fine of $1,093, three month DUI school and four days of SWAP in lieu of jail. Client's license suspension will be handled per DMV.
Napa County Fighting in Public (647i) Misdemeanor
Practice Area: Calistoga Criminal defense
Date: Mar 29, 2012
Outcome: ALL CHARGES DISMISSED
.Description: Client went to dinner with her husband in Calistoga to celebrate a new job and had a glass of wine. After that, they went to an unfamiliar bar and had three drinks. Husband left and during that time, the wife became "strange" and combative with other people in the bar. She didn't remember a thing and woke up the next day in a restraint chair in jail. District Attorney charged her with fighting in public and disturbing the peace. As she couldn't take a misdemeanor conviction due to her new job, my work was cut out for me. The defense theory was that she was involuntarily drugged by a bar patron while her husband was gone. Although the DA eventually offered diversion then a disturbing the peace infraction, we held our ground and before I could set the case for trial, the DA dismissed all charges. A most rewarding result.
San Francisco DUI .22% BAC First Offense DUI High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Mar 14, 2012
Outcome: Enhancement Dismissed: 3 MONTH DUI SCHOOL, 4 SWAP, Fines
Description: Client stopped by the SFPD after falling asleep at the wheel while waiting for a stop light to turn green. Arrested for DUI, client submitted to breath test of .22%, thus qualifying him for several sentence enhancements. Case settled favorably in Department 17 for three years informal court probation, fine of $1,945, THREE MONTH DUI SCHOOL (nine month is typical), and four actual days of SWAP in lieu of jail. Client did not have a California license, so that misdemeanor along with the special enhancement for high BAC DUI were dismissed.
Alameda County Oakland DUI .12% BAC First Offense DUI
Practice Area: Oakland DUI and DWI
Date: Mar 13, 2012
Outcome: DUI Charges DISMISSED. NO LICENSE SUSPENSION
Description: Client stopped by the CHP for driving without headlights. Subsequent DUI investigation returned a .12% BAC by blood test. I successfully negotiated a DISMISSAL of all DUI charges in exchange for a plea to reckless driving. Client received substantially reduced sentence of two years informal court probation, fine of $1,013, 12 HOUR DUI SCHOOL, and no jail or SWAP. Blood report inadmissible at DMV due to hearsay objection so client suffered NO LICENSE SUSPENSION OR SR-22 REQUIREMENT.
Alameda County Oakland DUI .13% BAC First Offense DUI
Practice Area: Alameda DUI and DWI
Date: Mar 13, 2012
Outcome: Probation Granted: 3 Years, $1,833 Fine, 3 Month DUI School, 1 SWAP
Description: Client stopped by the Alameda Police Department for speeding, 45 mph in a 25 mph, and lane straddling. Subsequent breath test came back a .13% and client was arrested for DUI. Try as we did to get a reckless driving, the DA wouldn't reduce primarily because of the BAC and the fact that he was speeding. Client received minimum sentence of three years informal court probation, fine of $1,833, three month DUI school, and one day of SWAP in lieu of jail. Client's license suspended for thirty days and restricted for five months with installation of an ignition interlock device "IID".
Marin County DUI .13% BAC First Offense DUI Under 21 Zero Tolerance
Practice Area: San Rafael DUI and DWI
Date: Mar 05, 2012
Outcome: Probation Granted: Fine of $1,876, NO SWAP, 3 Month DUI School; NO JAIL
Description: Client stopped by the Marin County Sheriff for non-functioning tail light. DUI investigation later turned over to the CHP who obtained a .13% BAC breath test. Client under 21, so zero tolerance case. Ran a motion to suppress evidence, but to no avail. Case settled today for minimum sentence of three years informal probation, fine of about $1,850, three month DUI school and NO JAIL OR SWAP. License suspended for one year.
San Francisco DUI .09% BAC First Offense DUI
Practice Area: San Francisco DUI and DWI
Date: Mar 01, 2012
Outcome: DUI CHARGES DISMISSED. CASE REDUCED TO RECKLESS DRIVING
Description: Client stopped for speeding by the CHP and later submitted to two breath tests of .09% BAC. Later charged with a DUI, we successfully settled the case for a dismissal of the DUI charges in exchange for a plea of "no contest" to reckless driving. Client received greatly reduced sentence of 18 months court probation, fine of $1,044, 12 hour DUI school and NO JAIL, SWAP OR COMMUNITY SERVICE. Client elected to serve entire four month administrative per se suspension of his driver's license.
San Francisco DUI .19% BAC Second Offense DUI Collision High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Mar 01, 2012
Outcome: Enhancement Dismissed: 3 MONTH DUI SCHOOL, 4 SWAP, Fines
Description: Client stopped by the CHP after collision totaled her vehicle. She submitted to blood test which returned a result of .19% BAC. She had previously been convicted of reckless driving in 2010 (wet) but we settled the case favorably in court as a first offense. The high BAC DUI enhancement was dismissed and client received three years informal court probation (normally five years supervised on a second offense), fine of about $1,950, THREE MONTH DUI SCHOOL, and only four days actual with the SWAP crew. License suspension pending.
Alameda County Oakland DUI .11% BAC First Offense DUI
Practice Area: Albany DUI and DWI
Date: Feb 28, 2012
Outcome: DUI CHARGES DISMISSED. CASE REDUCED TO RECKLESS DRIVING
Description: Client was stopped by the Albany Police Department for driving without headlights. Subsequent DUI investigation yielded a .11% BAC by a blood analysis. We successfully settled the case today for a dismissal of all DUI charges. Client accepted offer of reckless driving misdemeanor for reduced sentence of two years court probation, fine of $1,013, three month DUI school and NO JAIL or SWAP. Client's license suspended for thirty days and restricted for five months.
Marin County DUI .09% BAC First Offense DUI Excessive Speed Enhancement
Practice Area: San Rafael DUI and DWI
Date: Feb 27, 2012
Outcome: ENHANCEMENT DISMISSED. 3 MONTH DUI SCHOOL, Fine & NO SWAP
Description: Client stopped for speeding on Golden Gate Bridge at 75 miles per hour. Unfortunately, there was an active construction project that night and she later blew a .09% BAC and was arrested for DUI with a high speed construction zone enhancement. Today I settled the case for a dismissal of the enhancements and three years informal court probation, fine of $1,814, three month DUI school and NO JAIL OR COMMUNITY SERVICE. Client's license suspended for thirty days and restricted for five months.
San Mateo County Redwood City DUI .09% BAC First Offense DUI
Practice Area: Redwood City DUI and DWI
Date: Feb 22, 2012
Outcome: DUI Charges DISMISSED. Case Settled as Reckless Driving.
Description: Client was stopped for speeding by the CHP (85 in a 65) and later submitted to breath tests of .09% BAC. Client initially went with the Private Defender, but came to me after he waived his DMV hearing and was unable to get a copy of his police report from his overworked PD. We successfully resolved the case for a dismissal of all DUI charges in exchange for a plea to reckless driving. Client received reduced sentence of two years informal court probation, total fines of $1,356, 12 hour DUI school and no jail or SWAP. Client elected to serve the entire four month administrative suspension instead of getting a restricted license.
Santa Clara County Palo Alto DUI .12% BAC First Offense DUI
Practice Area: Palo Alto DUI and DWI
Date: Feb 22, 2012
Outcome: Probation Granted: Fine of $1,876, 5 SWAP, 3 Month DUI School; NO JAIL
Description: Client stopped by campus police for driving without headlights. Subsequent DUI investigation revealed breath tests of .12%. I successfully managed client's case allowing her to travel overseas and settle the matter for minimum sentence in Santa Clara County: three years informal probation, fine of $1,876, three month DUI school, and five days SWAP in lieu of actual jail. Client's license suspended for thirty days and restricted for five months.
San Francisco Temporary Restraining Order TRO
Practice Area: San Francisco Domestic violence
Date: Feb 15, 2012
Outcome: TRO Dismissed. $1,000 Settlement for Client
Description: Today I settled a TRO case for a client pro bono in San Francisco. Client alleged attack from larger boyfriend with whom she is now separated. District Attorney refused to file criminal charges, so I accepted her cause and helped her resolve the TRO hearing for a modest payment of $1,000 to cover her medical bills. It was a rewarding result as her boyfriend had originally offered nothing and was unemployed and basically judgment proof.
San Francisco DUI .26% BAC First Offense DUI Collision High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Feb 15, 2012
Outcome: Enhancement Dismissed: 3 MONTH DUI SCHOOL, 10 SWAP, Fines
Description: Client was stopped by CHP after colliding with four parked cars. Subsequent breath test showed an extremely high BAC of .26% which qualified client for several sentencing enhancements. We successfully settled the case today for minimal sentence of three years informal court probation, THREE MONTH DUI SCHOOL, ten days of SWAP in lieu of jail and a fine of $1,900. Special enhancement dismissed and client helped substantially by the short school as now he can get his full license back in about six months. License suspended by DMV for thirty days and restricted for five months.
Alameda County Oakland DUI .11% BAC Third Offense DUI
Practice Area: Oakland DUI and DWI
Date: Feb 10, 2012
Outcome: Probation Granted; 28 Days SWAP, 30 Month DUI School NO ACTUAL JAIL
Description: Client stopped in February of 2011 at a DUI checkpoint. Client had previously been convicted of DUI twice before and was still on probation for his last offense. Client blew a .11% BAC and was arrested for third DUI with a minimum sentence of 120 days jail. I appeared with Client through the odyssey that is a third offense DUI for over one year. The tireless efforts were worth it, the client received: five years informal court probation, fine of $1,830, 30 month DUI School and 28 days SWAP. NO ACTUAL JAIL! Client's license suspended for six months followed by restriction with ignition interlock device.
San Mateo County Redwood City DUI .09% BAC First Offense DUI
Practice Area: San Mateo DUI and DWI
Date: Feb 08, 2012
Outcome: DUI CHARGES DISMISSED. CASE REDUCED TO RECKLESS DRIVING
Description: Client stopped by the San Mateo County Sheriff's Department for driving without a registration sticker. Preliminary breath tests yielded results of .09% which were confirmed by subsequent blood test of .09%. We successfully settled the case for a dismissal of all DUI charges and a reduction to reckless driving. Client received two years informal court probation, fine of $1,489, three month DUI school and NO JAIL OR SWAP. License suspension managed for most convenient thirty day suspension followed by five month restriction
San Francisco DUI .11% BAC First Offense DUI
Practice Area: San Francisco DUI and DWI
Date: Feb 02, 2012
Outcome: DUI CHARGES DISMISSED. CASE REDUCED TO RECKLESS DRIVING
Description: Client stopped by CHP for speeding and lane straddling and subsequently blew a .11% BAC breath test. I successfully settled the case in Department 17 for a reduction to reckless driving for minimum sentence of 18 months informal probation, fine of $969, three month DUI school and NO JAIL, SWAP OR COMMUNITY SERVICE. License will likely be suspended by DMV for thirty days and restricted for five months. Excellent result as the DA's initial offer was a plea to the DUI.
Contra Costa County Richmond DUI .12% BAC First Offense DUI
Practice Area: El Cerrito DUI and DWI
Date: Jan 27, 2012
Outcome: Probation Granted, $1,896 fine, 3 Month DUI School, 1 Day SWAP
Description: Client was a musician who was stopped by the El Cerrito Police Department for taking a wide turn in a commercial district. Subsequent breath tests revealed a .12% BAC. Although I appeared on my client's behalf several times and extended his DMV hearing and driving privilege for him as long as possible, we nonetheless negotiated a minimum DUI sentence of three years informal court probation, fine of $1,896, 3 month DUI school and one day of SWAP in lieu of jail. Client's license suspended for thirty days and restricted for five months. He will be eligible for an expungement in three years.
San Francisco DUI .22% BAC First Offense DUI High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Jan 26, 2012
Outcome: ENHANCEMENT DISMISSED. 3 MONTH DUI SCHOOL, Fine & 9 SWAP
Description: Client stopped by CHP after his vehicle broke down on the side of the road. Client submitted to breath test which came back at .22% BAC. I was able to successfully minimize the outcome for my client who received the minimum three years informal court probation, fine of $1,959, THREE MONTH DUI SCHOOL (9 MONTH IS THE STANDARD FOR THIS CASE), and nine days of SWAP in lieu of jail. Client's license suspended for thirty days and restricted for five months (it would have been restricted for ten months if the 9 month DUI program was ordered.) This was an exceptional result for the client and proof that better results can be obtained by simply asking!
Alameda County Oakland DUI .11% BAC First Offense DUI Under 21 Zero Tolerance
Practice Area: Oakland DUI and DWI
Date: Jan 19, 2012
Outcome: DMV SUSPENSION "SET ASIDE": NO LICENSE SUSPENSION
Description :After appearing three times on behalf of my Client, a 20 year old college student with a part time washing dishes, I was able to win a "set aside" of his California Driver's License suspension. That, combined with my ability to get his criminal case reduced to a "reckless driving" plea, allowed him to save his driver's license with NO SUSPENSION, NO REQUIREMENT FOR THREE MONTH DUI SCHOOL AND NO SR-22. The result was so rewarding I completely forgot how much time I had spent on a case that I truly did not charge enough money to the client. Results like these are why I do what I do and to be able to help a deserving person who made a mistake, makes it all worth it!
San Francisco DUI .26% BAC Third Offense DUI High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Jan 12, 2012
Outcome: Probation Granted, $2,000 Fine, 18 Month DUI School, 13 SWAP & NO JAIL
Description: Client was stopped by SFPD for lane straddling and subsequent blood test came back an overwhelming .26% BAC. Client suffered two DUI's in 2005 in a short period of time in the same county. The DA only filed the case a second offense. We expeditiously settled the case for a good offer of five years adult probation, fines of approximately $2,200, 18 month DUI school, 13 days of SWAP, 40 hours of community service and a one year ignition interlock device. Considering that client was looking at a 120 day jail minimum, this settlement was a high success. Client charged with "refusing" the blood test and therefore the DMV refusal case remains pending. Strategy is to convince the hearing officer to submit the case a .08% BAC or above instead of the refusal. If this is accomplished, client can get a restricted license in 90 days. Otherwise, it would be a two year "hard" suspension.
Marin County DUI .29% BAC First Offense DUI Collision FELONY Child Endangerment High BAC Enhancement
Practice Area: Tiburon Felony DUI and DWI
Date: Jan 12, 2012
Outcome: FELONY CHARGES DISMISSED for Misdemeanor DUI
Description: Client investigated for DUI after being involved in collision with Tiburon. Client had two year old daughter in the vehicle at the time of the collision. Although no one was injured, breath tests came back a whopping .29% BAC. Client subsequently charged with DUI and felony child endangerment. We took the case head on and I encouraged Client to voluntarily enroll in treatment and obtain a SCRAM bracelet that would detect any consumption of alcohol. Our efforts worked and Client's case was reduced to a misdemeanor with no negative impact from Child Protective Services ("CPS"). Although Client was referred to supervised probation, it was for the minimum three years with a fine of $1,900 and a nine month DUI school. NO JAIL, SWAP OR COMMUNITY SERVICE. Client's license suspended by DMV for thirty days and restricted for nine months. It took a while, but finally we got the result we needed.
San Francisco DUI .11% BAC First Offense DUI
Practice Area: San Francisco DUI and DWI
Date: Jan 10, 2012
Outcome: DUI CHARGES DISMISSED. CASE REDUCED TO RECKLESS DRIVING
Description: Client stopped by CHP in San Francisco at about 3 a.m. because a passenger didn't have their seatbelt on. Client subsequently blew a .11% BAC PAS test and a .10% blood test. We settled the case today in Department 17 for a dismissal of the DUI charges and plea to reckless driving. Client received minimal sentence of 18 months court probation, fine of $969, 3 month DUI school and NO JAIL OR SWAP. Client failed to request administrative hearing with the DMV and therefore suffered thirty day actual suspension and five month restriction.
Alameda County Hayward DUI .19% BAC First Offense DUI High BAC Enhancement
Practice Area: Hayward DUI and DWI
Date: Jan 09, 2012
Outcome: Probation Granted, $1,810 Fine, 3 Month DUI School, 1 Day SWAP
Description: Client was stopped by CHP for speeding (87 mph in a 65 mph). Subsequent DUI investigation yielded a BAC of .19%. Client charged with DUI with high BAC enhancement. We successfully settled the case for minimum DUI punishment of three years informal probation, fine of $1,810, one day of SWAP and a THREE MONTH DUI SCHOOL. This was huge because Alameda County typically gives the six or nine month class for a BAC this high. Client opted to serve the full six month suspension in lieu of a restricted license which would have required and ignition interlock device ("IID").
Alameda County Pleasanton DUI .13% BAC First Offense DUI
Practice Area: Pleasanton DUI and DWI
Date: Jan 05, 2012
Outcome: Probation, Fine, No Jail & THREE MONTH DUI SCHOOL.
Description: Client was stopped for lane straddling by the Alameda County Sheriff's Department. Client arrested for DUI and submitted to blood test which came back at .13% BAC. We settled case for minimum punishment: three years informal court probation, fine of $1,790, two days of SWAP in lieu of actual jail and a three month DUI school which the court allowed her to take in San Mateo County. I managed the DMV case well enough to run her administrative and mandatory suspensions concurrently. Client's license was suspended for six months per the DUI conviction. Although she would have been eligible for a restricted license after thirty days suspension, she chose to serve her full suspension so that an ignition interlock device would not be required.
San Mateo County Redwood City DUI .11% BAC First Offense DUI
Practice Area: Millbrae DUI and DWI
Date :Dec 20, 2011
Outcome: Probation Granted, $1,805 Fine, 3 Month DUI School, 2 SWAP
Description: Client was stopped by the San Mateo County Sheriff for speeding (85 mph in a 65 mph zone). Investigation was later handed off to CHP officers who obtained for breath tests ranging from a .10% BAC to .11% BAC. District attorney refused to reduce offense to reckless driving saying she had to "draw a line in the sand somewhere." Well, we hope she has a Merry Christmas too. Client received minimum sentence of three years court probation, fine of $1,805, three month DUI school, two days SWAP or jail, and thirty day suspension of license followed by five month restriction.
Marin County DUI .09% BAC First Offense DUI JURY TRIAL
Practice Area: San Rafael DUI and DWI
Date: Dec 09, 2011
Outcome: Hung Jury (4 to 8) on DUI; Guilty on <.08% BAC
Description: Client stopped for speeding on Golden Gate Bridge by the CHP. Four breath tests concluded .09% BAC. I fought the case at DMV and won a SET ASIDE for my client. We rejected the D.A.'s offer to plead guilty to the DUI and exercised our right to a jury trial. After five days of trial and deliberations, the jury HUNG 8 (guilty) 4 (not guilty) as to the DUI charge. Regrettably, they also returned a guilty verdict for driving with a BAC over .08%. Our case was compelling, however, and the court sentenced my client to the same offer that the D.A. made before trial. Client received three years informal court probation, fine of $1,744, three month DUI school and NO SWAP OR JAIL. NO ACTUAL LICENSE SUSPENSION. License restricted for five months.
Marin County DUI .13% BAC First Offense DUI
Practice Area: Mill Walley DUI and DWI
Date: Dec 02, 2011
Outcome: CASE DISMISSED
Description: Client stopped by Mill Valley P.D. and arrested for DUI with a subsequent blood test result of .13% BAC. Police report was a clear "cut and paste" job in that it left information relating to a different case in the report. Although client considered resolving case early, I convinced him to hold out because the DMV documents had not been prepared completely and that the DMV hearing would be a good opportunity to observe the officer testify. During this time, the officer suffered an untimely death. We then filed a motion to dismiss which was GRANTED.
Alameda County Oakland DUI .08% First Offense DUI
Practice Area: Oakland DUI and DWI
Date: Nov 29, 2011
Outcome: CRIMINAL CASE DISMISSED!
Description: Client stopped by CHP for speeding and subsequently arrested for DUI after field sobriety test performance. PAS tests yielded a .09% BAC, but evidential tests showed a .08% BAC. CRIMINAL CASE DISMISSED. DMV upheld suspension, however, and Client suffered thirty day suspension and five month restriction. NO IID REQUIREMENT.
San Mateo County Redwood City DUI .13% BAC Second Offense DUI
Practice Area: Redwood City DUI and DWI
Date: Nov 23, 2011
Outcome: CRIMINAL CASE DISMISSED!
Description: Client was stopped on the side of the roadway when approached by CHP. She was investigated for DUI and blew a .07% PAS test and a .13% blood test. Criminal case DISMISSED for lack of evidence. DMV upheld 2nd offense suspension requiring either a one year suspension or a ninety day suspension with installation of an "IID" and enrollment in the Multiple Offender Program. Client was on probation for DUI at time of the offense, so no criminal sanction was a big win here.
Santa Clara County San Jose Petty Theft Case
Practice Area: San Jose Criminal defense
Date: Nov 22, 2011
Outcome: SENTENCE REDUCED: Probation, fine and 2 SWAP
Description: Client was a referral from a former DUI client. Accused of shoplifting over $400 in merchandise, the DA wanted a plea for five days of SWAP, three years probation and fine of $600. I advised the client to hold out for better offer and after multiple Pre-Trial Conferences, client eventually accepted REDUCED offer of two years probation, fine of $370 and two days of SWAP.
Santa Clara County San Jose DUI .13% BAC First Offense DUI
Practice Area: San Jose DUI and DWI
Date: Nov 22, 2011
Outcome: Probation Granted, $1,854 fine, 3 Month DUI School, 5 SWAP
Description: Client stopped in San Jose for failing to stop at a sign. Breath tests were administered just after midnight and revealed a .13% BAC. I represented client through both his criminal case and DMV case helping him manage the DUI matter and ensure that he received the best possible outcome. Client received minimum three years informal court probation, fine of $1,854, three month DUI school and five days of SWAP in lieu of jail. Client's license suspended for thirty days and restricted for five months.
Solano County Fairfield Driving on Suspended License CVC 14601.2
Practice Area: Fairfield DUI and DWI
Date: Nov 21, 2011
Outcome: CHARGES DISMISSED. CASE REDUCED TO INFRACTION
Description: This was a long case that worked out really well for the client, a single mother who regrettably picked a driving on a suspended license charge while on probation for her second offense DUI. Client was previously represented by cheap/inexpensive DUI attorney who just breezed her through the process without fully explaining her post conviction probation requirements. I appeared with my client, obtained a critical continuance ("1 out of 99 chance" according to both the clerk and D.A.) which helped get her license reinstated prior to sentencing. Client received greatly reduced sentence of Vehicle Code 12500 INFRACTION, for fine of approximately $300. As her charged offense had a MINIMUM 10 day jail sentence, this was a remarkable outcome.
Marin County DUI .18% BAC First Offense DUI Excessive Speed and High BAC Enhancements
Practice Area: Novato DUI and DWI
Date: Nov 09, 2011
Outcome: ENHANCEMENTS DISMISSED. No Jail or SWAP
Description: Client stopped for speeding, 90 mph in a 55 mph zone, and subsequently provided a blood sample which returned a result of .18%. Client charged with DUI, high BAC enhancement and speed enhancement. The speed enhancement alone carried a mandatory minimum of 60 days of county jail. Successfully negotiated a favorable settlement for client after several court appearances whereby he received the minimum sentence of three years informal court probation, fine of $2,294, three month DUI school and NO JAIL OR SWAP. Client's license suspended for thirty days and restricted for five months. Speed enhancement and high BAC (<.15%) enhancement DISMISSED.
Santa Clara County Palo Alto DUI .12% BAC First Offense DUI
Practice Area: Palo Alto DUI and DWI
Date: Nov 07, 2011
Outcome: Probation Granted, $1,854 fine, 3 Month DUI School, 5 SWAP
Description: Client was stopped as a concerned citizen reported her to police as being a suspected drunk driver. Client blew a .12% BAC and performed poorly on field sobriety tests. Successfully negotiated a disposition of case for three years informal court probation, fine of $1,854, three month DUI school and 5 days of SWAP in lieu of jail. License suspended for thirty days and restricted for five months with an SR-22.
San Francisco DUI .10% BAC First Offense DUI
Practice Area: San Francisco DUI and DWI
Date: Nov 07, 2011
Outcome: CRIMINAL CASE DISMISSED!
Description: Client was an attorney charged with DUI after being stopped by the CHP on the Bay Bridge for throwing a cigarette butt out of his car window. A subsequent PAS test yielded a .12% BAC and blood at .10%. CASE DISMISSED. Successfully argued that blood sample tamper proof seals had not been signed by arresting officer and that evidence envelope had been tampered with. DMV case not so lucky. Client suffered four month administrative suspension but appeal is pending.
Alameda County Pleasanton DUI .12% BAC First Offense DUI
Practice Area: Pleasanton DUI and DWI
Date: Nov 03, 2011
Outcome: Probation Granted, $1,770 Fine, 3 Month DUI School, 2 SWAP
Description: Client stopped by the Dublin P.D. for rolling a red light and having a cracked tail light. I held out the case long enough for client to control his license situation for work and he eventually received the minimum sentence of three years informal court probation, fine of $1,770, three month DUI school and two days of SWAP in lieu of jail. Client's license suspended for thirty days and restricted for five months with installation of an ignition interlock device ("IID").
San Mateo County DUI .14% BAC First Offense DUI
Practice Area: South San Francisco DUI and DWI
Date: Nov 02, 2011
Outcome: Probation Granted, $1,805 Fine, 3 Month DUI School, 1 Day SWAP, NO JAIL
Description: Client was non-citizen who was stopped by the CHP after three in the morning for speeding in excess of 95 mph in a 65 mph zone. Client subsequently arrested and submitted to blood test which returned a .14%. Due to the higher BAC and speed, I was concerned that client might face stiff penalties, particularly in San Mateo County which is notorious for heavy handedness. I was able to minimize impact for my client at Pre-Trial Conference for a sentence of three years informal court probation, fine of $1,805, 3 month DUI school and only ONE DAY of SWAP in lieu of jail. Client's license suspended for thirty days and restricted for 5 months.
San Francisco DUI .12% BAC First Offense DUI
Practice Area: San Francisco DUI and DWI
Date: Nov 02, 2011
Outcome: DUI DISMISSED. Case Reduced to Reckless Driving, 18 Month Probation
Description: Client was stopped for driving without headlights....probably the best driving pattern in a DUI case. Unfortunately, he blew a .12% BAC, was arrested and spent the night at 850 Bryant Street. Although District Attorney initially offered DUI settlement, I was able to negotiate favorable reduction of charges. DUI dismissed in exchange for plea to reckless driving (wet) for minimal probation terms: 18 months informal court probation, fine of $969, 3 month first offender program; and NO JAIL OR SWAP. By reducing the case, I saved my client thousands of dollars. DMV upheld his license suspension for thirty days with a five month restriction.
Santa Clara County Superior Court located at 270 Grant Avenue in Palo Alto, California.
Alameda County Oakland DUI .13% BAC First Offense DUI
Practice Area: Oakland DUI and DWI
Date: Oct 31, 2011
Outcome: DUI CHARGES DISMISSED. CASE REDUCED TO RECKLESS DRIVING
Description: Client stopped by CHP after four in the morning for speeding in excess of 85 mph. Subsequent breath tests returned a .13% BAC. Due to inconsistency in the tests, we obtained a reduction of the DUI to reckless driving for two years informal court probation, fine of $993, 3 month DUI school and NO SWAP. License suspended by DMV for thirty days and restricted for five months.
San Francisco DUI .11% BAC First Offense DUI
Practice Area: San Francisco DUI and DWI
Date: Oct 17, 2011
Outcome: DUI DISMISSED. Case Reduced to Reckless Driving, 18 Month Probation
Description: Client was stopped by CHP for speeding, 80 mph in a 65 mph zone and subsequently provided breath samples of .11% BAC and blood test at .10% BAC and arrested for DUI. I appeared with Client in Department 17 for Pre-Trial Conference and we negotiated a favorable settlement for dismissal of the DUI charges in exchange for a plea of "no contest" to a reduction reckless driving misdemeanor. Client received reduced probation of 18 months, fine of $993, three month first offender program and NO SWAP, JAIL OR COMMUNITY SERVICE. License due to be suspended by DMV for thirty days and restricted for five months.
Alameda County Oakland DUI .12% BAC Second Offense DUI
Practice Area: Oakland DUI and DWI
Date: Oct 14, 2011
Outcome: Probation Granted, $1,813 Fine, 18 Month School, NO ACTUAL JAIL
Description: I represented client for DUI in 2007 and we even got the conviction expunged in 2010. Unfortunately, client was stopped by CHP on 580 for speeding at 1:45 in the morning. Breath test resulted in .12%. Successfully negotiated settlement of case for minimum terms of three years of court probation, fine of $1,813, 18 month DUI school and nine days of SWAP in lieu of actual jail. License suspended for ninety days and then restricted with installation of ignition interlock device ("IID").
San Francisco DUI .13% BAC First Offense DUI
Practice Area: San Francisco DUI and DWI
Date: Oct 13, 2011
Outcome: DUI DISMISSED. Case Reduced to Reckless Driving, 18 Month Probation
Description: Client stopped by CHP for weaving just after two a.m. and submitted to two PAS samples with BAC readings of .13%. Subsequent evidential tests on the Intoxilyzer 500 returned .11% BAC. Although D.A. initially offered DUI settlement, we successfully negotiated a "wet" reckless for minimum sentence terms: 18 months informal probation, fine of $963, 12 hour DUI school and NO JAIL, SWAP OR COMMUNITY SERVICE. Client's license suspended for thirty days and restricted for five months.
San Francisco DUI .08% BAC First Offense DUI
Practice Area: San Francisco DUI and DWI
Date: Oct 11, 2011
Outcome: Criminal Case Dismissed. No DMV License Suspension
Description: Low BAC case for a first offender in the City. Preliminary results at .08% BAC, but subsequent chemical test resulted in .07%. Although case could have been charged under CVC 23152(a), "Driving under the Influence," it was not and all charges were dismissed. DMV case set aside and no license suspension flowed. Provided representation for client throughout and peace of mind that his criminal and DMV matters were handled professionally.
San Francisco DUI .26% BAC First Offense DUI High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Oct 11, 2011
Outcome: CRIMINAL CASE DISMISSED. NO ACTUAL LICENSE SUSPENSION
Description: Military client charged with DUI while observed changing a tire on the highway. DUI investigation and blood test returned a .26% BAC. Although arrested, case eventually DISMISSED. DMV not so generous, however, and his license was suspended for four months.
San Francisco DUI .11% BAC First Offense DUI
Practice Area: San Francisco DUI and DWI
Date: Oct 08, 2011
Outcome: DUI CHARGES DISMISSED. CASE REDUCED TO RECKLESS DRIVING
Description: Client was stopped by CHP for speeding, 70 mph in a 50 mph zone, and subsequently blew two .11% BAC breath samples. I successfully negotiated a reduction and dismissal of the DUI charges. Client pled to reckless driving and received only 18 months informal probation, reduced fine of $993, three month DUI school and NO JAIL OR SWAP. Client suffered NO ACTUAL LICENSE SUSPENSION and five month restriction.
San Francisco DUI .21% BAC First Offense DUI Forced Blood Draw Refusal High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Oct 04, 2011
Outcome: THREE MONTH DUI SCHOOL, Three years probation, $1,800 fine, 2 days SWAP
Description: Client was a college student who was stopped after police had reported a "noise disturbance" in the area. Client blows a .22 BAC in the field and fails to provide a breath sample at the station. Officers rightly offer client a blood sample which he agrees to and results in a .21% BAC. Officers erroneously conclude that client "refused" the breath test by not completing the test and that his blood was "forced." In DMV terms, the case was a "refusal" and exposed the client to a one year license suspension. I settled this case for three years informal court probation, fine of $1,800, THREE MONTH DUI SCHOOL, and two days of SWAP. Successfully negotiated a ONE MONTH SUSPENSION from DMV thus allowing client to obtain a restricted license. Overall, a great result for a client who wanted to take early responsibility for his actions.
San Francisco DUI .20% BAC First Offense DUI High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Oct 04, 2011
Outcome: ENHANCEMENT DISMISSED. 3 MONTH DUI SCHOOL, Fine & 3 SWAP
Description: Client stopped by SFPD for driving without headlights. Subsequent breath test came back at .20% BAC, thus qualifying client for high BAC enhancement and a potential nine month DUI school and ignition interlock device ("IID"). Successfully settled case in Department 17 for minimal sentence of three years informal court probation, fine of $1,810, THREE MONTH DUI SCHOOL, three days SWAP in lieu of jail and NO IID. Client suffered thirty day suspension of license followed by five month restriction.
Alameda County Hayward DUI .15% BAC First Offense DUI High BAC Enhancement
Practice Area: Hayward DUI and DWI
Date: Sep 28, 2011
Outcome: DUI CHARGES DISMISSED. CASE REDUCED TO RECKLESS DRIVING. NO IID REQUIRED!
Description: Client was a known Bay Area news personality and discretion was a key component of our defense. Client stopped for talking on cell phone and after hurried CHP investigation, was arrested and submitted to a blood sample which returned a .15% BAC. District Attorney charged DUI with special enhancement for excessive BAC (greater than .15%). As Alameda County now requires an Ignition Interlock Device ("IID") for any DUI conviction, getting a reduction was an uphill battle. Field investigation by Alan McCann revealed significant police error and omissions which allowed me to settle the case for a WET RECKLESS, subsequently dismissing all DUI charges. Client received three years informal court probation, fine of $1,810 and three month DUI school. NO JAIL OR SWAP. Successfully negotiated DMV disposition where client served no actual jail time and instead was restricted for five months. An excellent result.
San Francisco DUI .20% BAC Second Offense DUI High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Sep 28, 2011
Outcome: Probation Granted, $2,000 Fine, 18 Month School, NO ACTUAL JAIL
Description: Client had prior DUI which he was still on probation for at the time he was stopped by Officer Liang of the SFPD for "lane straddling." Subsequent blood test came back at .20% BAC, qualifying client for greater than .15% BAC enhancement. I settled case for five years adult probation, fine of $2,000, 18 month DUI school and only six (6) days of SWAP for NO ACTUAL JAIL. Client's license suspended for one year due to DUI probation violation.
San Francisco Felony Drug Possession & Under the Influence of Drugs
Practice Area: San Francisco Criminal defense
Date: Sep 27, 2011
Outcome: ALL CHARGES DISMISSED.
Description: Client had two prior DUI's and this time was arrested by SFPD for being drunk in public. During a search of her person, police found a bag containing cocaine and client was charged with felony possession. I obtained a referral to outpatient drug treatment for client and when she successfully completed, all criminal charges were DISMISSED.
Alameda County Oakland DUI .12% BAC Third Offense DUI
Practice Area: Oakland DUI and DWI
Date: Sep 23, 2011
Outcome: DUI DISMISSED. Case Reduced to Reckless Driving w/DUI Prior
Description: Client stopped for speeding and line straddling by CHP. Preliminary breath test yielded a .09% BAC but evidential station test returned a .12% BAC. Client had suffered two prior DUI convictions in ten years. I appeared and quickly noted that the District Attorney had only charged two DUI's in the complaint. I short set the case for Pre-Trial Conference and spent the entire afternoon waiting for the right D.A. who eventually offered Client a "wet reckless" with a DUI prior. A TREMENDOUS RESULT! Client faced mandatory minimum of 120 days county jail and instead received three years informal court probation, reduced fine of $993, 18 month DUI school and eight days of SWAP. License suspended for ninety days and restricted for 21 months with installation of a ignition interlock device ("IID"). Phenomenal result for a deserving client.
Alameda County Oakland DUI .17% BAC Second Offense DUI Collision High BAC Enhancement Refusal Allegation
Practice Area: Berkeley DUI and DWI
Date: Sep 23, 2011
Outcome: NO JAIL OR SWAP. Probation, $1,813 fine, 18 month DUI school.
Description: Client arrested by Berkeley Police Department after collision with moving vehicle Client's blood test revealed .17% BAC and he was subsequently charged with a second offense DUI and hit and run with a high BAC enhancement. After several pre-trial conferences, I negotiated a settlement that accommodated client's unique medical needs. Client received three years informal court probation, fine of $1,813, 18 month DUI school and 240 hours of community service. NO JAIL OR SWAP. Client previously represented himself at the DMV and lost the hearing as a "forced blood draw" case. This resulted in a "second refusal" and a two year hard suspension of his license.
San Mateo County DUI .13% BAC Third Offense FELONY DUI
Practice Area: San Bruno DUI and DWI
Date: Sep 20, 2011
Outcome: Probation Denied. 16 Month CDC Sentence Ordered
Description: Client was stopped for speeding by the San Bruno Police Department. Subsequent breath tests were .13% BAC four straight times. Client had suffered four prior DUI convictions, but this was his third in the ten year window. Client had prior felony DUI because of a collision which seriously injured his son and a second felony DUI because he had previously been convicted of a felony. Thus, my case was the THIRD felony DUI. Despite working rehabilitation and the case for over a year, client received a sentence of sixteen months in the California Department of Corrections. I believe the judge sentenced him too harshly, but the reality is that he will likely be soon returned to county jail due to prison overcrowding.
San Mateo County Redwood City DUI .18% BAC First Offense DUI High BAC Enhancement
Practice Area: South San Francisco DUI and DWI
Date: Sep 20, 2011
Outcome: ENHANCEMENT DISMISSED. 3 MONTH DUI SCHOOL, Fine & 2 SWAP
Description: Client stopped by the CHP for an erratic turning movement and subsequently submitted to breath tests of .18% BAC. Client charged with DUI and special enhancement for driving with a BAC in excess of .15%. Settled the case favorably for Client who received minimum three years informal court probation, fine of $1,801, THREE MONTH DUI SCHOOL, and only TWO DAYS SWAP. License suspended for thirty days and restricted for five months.
San Mateo County DUI .20% BAC First Offense DUI High BAC Enhancement
Practice Area: South San Francisco DUI and DWI
Date: Sep 19, 2011
Outcome: Probation Granted, $1,801 Fine, 3 MONTH DUI SCHOOL, 4 SWAP
Description: Client was stopped by the San Mateo Sheriff's Department for running a red light and provided PAS samples of .20% BAC and his blood test returned a .20% as well. We retested the blood sample which came back at .19% and after two pre-trial conferences, we obtained an almost impossible feat in San Mateo County, a THREE MONTH DUI SCHOOL. Client would have otherwise had to complete a nine month school, so the extra work was worth it to the client. Case resolved for three years informal court probation, fine of $1,801, three month DUI school, and four days of SWAP in lieu of jail. License suspended for thirty days and restricted for five months. A well fought for result.
Alameda County Oakland DUI .16% BAC First Offense DUI High BAC Enhancement
Practice Area: Berkeley DUI and DWI
Date: Sep 09, 2011
Outcome: ENHANCEMENT DISMISSED. 3 MONTH DUI SCHOOL, NO SWAP
Description: Client was stopped by UC Berkeley PD for rolling a stop sign and excessive window tint. Client was under 21, but subsequent blood test returned .16% BAC. Settled case for dismissal of high BAC enhancement, three years informal court probation, three month DUI school and NO JAIL OR SWAP. License suspended for one year due to zero tolerance violation.
San Francisco DUI : .14% BAC First Offense DUI
Practice Area: San Francisco DUI and DWI
Date: Sep 05, 2011
Outcome: CRIMINAL DUI CASE DISMISSED.
Description: Client was stopped by SFPD at 12:41 a.m. for rolling a stop sign. Two preliminary breath tests came back .14% and .13% BAC and he was arrested. At the station, client blew two .10% BAC numbers. CRIMINAL CASE DISMISSED due to lack of evidence. Client lost DMV hearing and suffered four month license suspension and requirement of an SR-22 filing.
San Mateo County DUI .15% BAC Second Offense DUI High BAC Enhancement
Practice Area: San Mateo DUI and DWI
Date :Aug 19, 2011
Outcome: Probation Granted, $2,300 Fine, 18 Month School, NO ACTUAL JAIL
Description: Client stopped by the San Mateo P.D. for no functioning tail light. Unfortunately, client had suffered prior DUI conviction in San Mateo County in 2006. I successfully negotiated a best case settlement for client who received three years informal court probation, 18 month DUI school, fine of $2,300, and 29 days of SWAP in lieu of jail. Client's license suspended for ninety days and restricted thereafter with installation of ignition interlock device ("IID").
Marin County DUI .13% BAC First Offense DUI
Practice Area: Novato DUI and DWI
Date: Aug 03, 2011
Outcome: Probation Granted, $1,794 Fine, 3 Month DUI School, No Jail or SWAP
Description: Client was stopped in Novato for allegedly passing a CHP traffic break. After submitting to field sobriety tests, client provided a breath sample which registered .13% BAC. Case resolved short of trial for plea agreement of minimum three year probation, fine of $1,796, three month/level one First Offender Program (DUI school), and NO ADDITIONAL JAIL, AWOP OR COMMUNITY SERVICE. Client suffered thirty day suspension of license followed by five months of restriction.
Alameda County Oakland DUI .13% BAC First Offense DUI
Practice Area: Oakland DUI and DWI
Date: Jul 29, 2011
Outcome: DUI CHARGES DISMISSED. CASE REDUCED TO RECKLESS DRIVING. NO IID REQUIRED!
Description: There's always more than one way around the barn! This case involved a .13% breath test in Oakland. After several attempts to resolve the case for a wet reckless in Department 107, I continued the case again for further pre-trial in Department 104. The DA was new and didn't have the case file and the judge was filling in for normal judge Brosnahan who was on vacation. The stars aligned just right and I was able to successfully negotiate a settlement which dismissed the DUI and client accepted offer of plea to "wet" reckless driving. Client received three years of court probation, reduced fine of $993, three month DUI school and NO JAIL OR SWAP. Most important, client avoided the IID requirement for Alameda County. No mandatory license suspension and DMV remains pending, although an administrative suspension remains likely.
Alameda County Oakland DUI .15% BAC First Offense DUI High BAC Enhancement
Practice Area: Oakland DUI and DWI
Date: Jul 27, 2011
Outcome: Probation Granted. 3 Month DUI School, No Actual Jail
Description: Today I settled a first offense DUI in Department 104 in Oakland. Client was stopped for speeding and subsequently provided a breath sample which registered .15% BAC. We exhausted our negotiations with the District Attorney for a "wet" reckless driving plea to avoid the mandatory ignition interlock device requirement and ultimately filed a Motion to Suppress Evidence. A hearing was held and the arresting officer testified thus justifying the initial detention. After we exhausted our options, client decided to accept offer to plea to DUI. Client received three years informal court probation, one day of SWAP in lieu of actual jail time, three month first offender DUI school and a fine of $1,813. Client opted to serve full six month license suspension to avoid the ignition interlock requirement
Contra Costa County Walnut Creek DUI .26% BAC Second Offense DUI Collision High BAC Enhancement
Practice Area: Walnut Creek DUI and DWI
Date: Jul 27, 2011
Outcome: Probation Granted, $1,876 fine, 18 Month School, NO ACTUAL JAIL
Description: Case results are a relative thing. In this case, I represented a commercial driver who was placed on paid administrative leave while his DUI case/license suspension remained pending. Due to the extreme facts of this case (second offense, high BAC, collision), client was definitely going to lose his license and suffer a lifetime ban of his commercial privilege. The practical goal was to continue the case until client had been terminated and eligible for unemployment benefits. No easy task considering that Contra Costa County is the slowest Bay Area county in processing DUI cases. I was able to keep client's license valid for over six months and he achieved these goals. As for settlement, he received a favorable second offense disposition: four years informal court probation, fine of $1,876, one year ignition interlock device ("IID"), 18 month DUI school, and 31 days HOME DETENTION. NO ACTUAL JAIL OR SWAP REQUIRED. License suspended for ninety days and restricted for nineteen months.
Napa County .11% BAC DUI First Offense DUI
Practice Area: Napa DUI and DWI
Date: Jul 26, 2011
Outcome: Probation Granted, $2,733 Fine, 3 Month DUI School, NO JAIL OR SWAP
Description: Today I settled a .11% BAC first offense DUI in Napa County for five years probation, fine of $2,700, three month DUI school (via correspondence course) and six month mandatory license suspension. Client, an out of state driver, was stopped by CHP while on vacation in Napa. I fought the case on her behalf for over one year appearing for multiple pre-trial conferences and a Motion to Suppress Evidence hearing. After all avenues for better settlement were exhausted, Client agreed to accept district attorney's offer.
San Mateo County DUI .32% BAC First Offense DUI High BAC Enhancement
Practice Area: South San Francisco DUI and DWI
Date: Jul 25, 2011
Outcome: Probation Granted. 9 Month DUI School, No Actual Jail
Description: Today I resolved a tough case for a single mother who was stopped for a misdemeanor for driving on the wrong side of the road. A subsequent blood test revealed an incredible .32% BAC, meaning that nearly a third of the client's blood was alcohol. I negotiated a very reasonable settlement at Pre-Trial Conference which client gladly accepted. Client received minimum three years informal court probation, fine of $1,805, 9 month/level two DUI school, and three days of SWAP (community service) in lieu of actual jail time. Client's license suspended administratively prior to retaining my office. Accordingly, client was suspended for thirty days and restricted until completion of the DUI school. Overall, an excellent result.
Alameda County Oakland DUI .10% BAC First Offense DUI
Practice Area: Oakland DUI and DWI
Date: Jul 20, 2011
Outcome: DUI CHARGES DISMISSED. CASE REDUCED TO RECKLESS DRIVING
Description: Client was stopped by CHP after allegedly rolling a stop sign. A subsequent breath test yielded a result of .10% BAC. Client had poor drinking pattern making a jury trial unrealistic. That said, I successfully settled the case at the pre-trial conference for a dismissal of the DUI charges and a plea to the reduced misdemeanor of "reckless driving." Client received reduced two year term of probation, a 12 hour DUI school (3 month necessary however due to DMV), and fine of $993. No Jail, SWAP or community service. License likely to be suspended by for thirty days and restricted for five months.
Alameda County Pleasanton DUI .17% BAC First Offense DUI High BAC Enhancement
Practice Area: Pleasanton DUI and DWI
Date: Jul 19, 2011
Outcome: ENHANCEMENT DISMISSED. NO JAIL OR SWAP, 6 MONTH DUI SCHOOL
Description: Today I resolved a first offense DUI with a special enhancement for high blood alcohol due to her .17% BAC blood test in Pleasanton. Client was stopped for failing to obey a regulatory sign and arrested by CHP. A registered nurse, it was critical that I minimize the impact of this case for my client. Case settled for misdemeanor plea to Vehicle Code section 23152(b), driving with greater than .08% BAC. The special allegation for excessive BAC (<.15%) was dismissed. Client received minimum three year informal probation, fine of $1,770, six month DUI school and NO JAIL, SWAP or COMMUNITY SERVICE. License suspended for thirty days and restricted until completion of DUI school.
San Francisco DUI .09% BAC First Offense DUI
Practice Area: San Francisco DUI and DWI
Date: Jul 18, 2011
Outcome: CRIMINAL CASE DISMISSED!
Description: Client stopped after midnight by the CHP for weaving and gives poor testimony regarding drinking pattern that would be necessary to establish "rising" BAC. Client blows a .09% BAC breath test and is arrested for DUI. CRIMINAL CASE DISMISSED. The DMV hearing, regrettably, was lost and the client suffered a thirty day suspension followed by a five month restriction. Client needed three month first offender program, SR-22 and $125 license reissue fee to resolve the matter. I really hoped to win the DMV hearing on this one and for me, the decision was just another lesson that no matter how good your relationship with the hearing officer, you can still lose low BAC cases at the DMV with bad drinking pattern facts.
San Francisco DUI .30% BAC First Offense DUI High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Jul 15, 2011
Outcome: Probation Granted, $1,784 Fine, 4 SWAP, 9 Month School
Description: Today a client's case was resolved for a reasonable plea offer. Client was stopped for driving at about 3 a.m. in San Francisco without headlights. After field sobriety tests, Client provided breath samples as high as .30% BAC. Case resolved for three year minimum probation, fine of $1,794, four days of community service in lieu of actual jail, and a 9 month DUI school. Client's license suspended for thirty days and restricted for nine months.
San Mateo County Redwood City DUI .17% BAC First Offense DUI High BAC Enhancement
Practice Area: Redwood City DUI and DWI
Date: Jul 12, 2011
Outcome: Probation Granted, $1,805 Fine, 3 Month DUI School, 2 Days SWAP, NO JAIL
Description: Client was arrested for rolling a stop sign and a subsequent parking violation by the CHP in Redwood City and blew a .17% BAC. Charged with DUI and a special allegation for excessive BAC (<.15%), we successfully settled the case today for minimum punishment. Client received three years informal court probation, fine of $1,805, three month DUI school and two days of SWAP in lieu of actual jail time. The special allegation was dismissed. Client's license suspended for thirty days and restricted for five months.
San Mateo County DUI .08% BAC First Offense DUI
Practice Area: Daly City DUI and DWI
Date: Jun 09, 2011
Outcome: DUI CHARGES DISMISSED. DMV HEARING WON: NO SUSPENSION
Description: Client stopped by CHP for speeding, 84 mph in a 65 mph zone) and submitted to two .08% BAC breath samples. D.A. agreed to reduce offense to reckless driving for minimal sentence of two years informal court probation, fine of $1,445, 12 hour DUI school and NO JAIL OR SWAP. We retained forensic toxicologist for DMV hearing and WON A SET ASIDE. Client suffered NO LICENSE SUSPENSION, NO SR-22 AND NO THREE MONTH DUI SCHOOL REQUIREMENT
Sonoma County DUI First Offense DUI Refusal
Practice Area: Santa Rosa DUI and DWI
Date: Jun 08, 2011
Outcome: REFUSAL ALLEGATION STRICKEN. Probation Granted 3 Month DUI School
Description: Today I settled an enhanced DUI for a plea to a standard first offense DUI. Client arrested by Sonoma County Sheriff and then turned over to CHP for DUI investigation. CHP claimed that client "refused" chemical test because he requested to speak with an attorney first. YOU DO NOT HAVE THE RIGHT TO COUNSEL BEFORE SUBMITTING TO CHEMICAL TEST!!! That said, client faced DUI refusal offer from the DA which included a nine month DUI school and ten days of SWAP. I appeared multiple times for pre-trial conference and eventually convinced the DA to dismiss the refusal allegation which resulted in a highly reduced sentence of three years court probation, fine of $2,291, THREE MONTH DUI SCHOOL, and one day of jail which the client only served about two hours. DMV pending, but one year administrative suspension likely. Over all, an excellent result for a tough court.
Contra Costa County Walnut Creek DUI .17% BAC First Offense DUI High BAC Enhancement
Practice Area: Walnut Creek DUI and DWI
Date: Jun 07, 2011
Outcome: ENHANCEMENT DISMISSED. TWO DAYS SWAP, 6 MONTH DUI SCHOOL
Description: Today I settled a high BAC first offense DUI for a reasonable pre-trial offer. Client's case enhanced by .17% blood test and high speed. Case resolved for three years of court probation, fine of $1,876, 6 month DUI school, and two days of SWAP. License suspended for thirty days and restricted for five months.
Alameda County Oakland DUI .20% BAC First Offense DUI High BAC Enhancement
Practice Area: Berkeley DUI and DWI
Date: Jun 03, 2011
Outcome: ENHANCEMENT DISMISSED. 3 MONTH DUI SCHOOL, Fine & 1 SWAP
Description: Today I settled a first offense DUI that involved a high rate of speed (60 mph in a 25 mph zone). Client was a present college student who had served in U.S. armed services in Iraq but submitted to two breath tests with results of .20% BAC, thus qualifying him for the 9 month DUI school and other enhancements. Case resolved for with the special enhancement stricken, probation of three years, fine of $1,813, THREE MONTH DUI SCHOOL, and one day of SWAP in lieu of jail. License suspended for thirty days and restricted for five months.
San Mateo County Redwood City DUI .12% BAC First Offense DUI
Practice Area: Redwood City DUI and DWI
Date: May 23, 2011
Outcome: Probation Granted, $1,801 Fine, 3 Month DUI School, 3 Hours Jail
Description: DUI cases are difficult to manage for out of state residents who are just visiting the Bay Area. This was such a case. Client was stopped for speeding by the CHP and later submitted to a blood test which returned a .12% BAC. I successfully managed this case for my client who remained in Washington State and settled the case for three years of informal court probation, fine of $1,801, 3 month DUI school (allowed to complete via correspondence course) and one day of jail. Client actually served three hours. License in California suspended for one year due to prior APS action on his license. A manageable result for a difficult situation.
Alameda County Oakland DUI .13% BAC Second Offense DUI
Practice Area: Oakland DUI and DWI
Date: May 20, 2011
Outcome: Probation Granted, $1,813 Fine, 18 Month School, NO ACTUAL JAIL
Description: This was actually an uncharged third offense which I made the strategic decision to settle the case early to avoid the potential exposure to a 120 jail sentence as is required by a third offense. We nonetheless minimized impact for the Client and he received three years informal court probation, fine of $1,813, 18 month DUI school and 9 days of SWAP in lieu of actual jail. License suspended for 90 days and restricted for 18 months with an ignition interlock device.
Contra Costa County Richmond DUI .08% BAC Second Offense DUI
Practice Area: Richmond DUI and DWI
Date: May 19, 2011
Outcome: DUI CHARGES DISMISSED. CASE REDUCED TO RECKLESS DRIVING
Description: Client had an interesting a tricky situation. Having been previously convicted of DUI, he picked up two independent DUI arrests in both Contra Costa and Alameda County. If either county learned of the other case, my Client faced a third offense DUI with a mandatory minimum 120 day jail sentence. I skillfully set both cases on preceding days and settled both as less serious second offenses. In this case, the DUI charges were actually DISMISSED! Client pled to a reduction to reckless driving pursuant to Vehicle Code section 23103.5 for three years of informal court probation, reduced fine of $1,150, 18 month DUI school and 4 days of SWAP in lieu of jail. License suspended for 90 days and restricted for 18 months with ignition interlock device.
San Mateo County DUI .30% BAC First Offense DUI Collision High BAC Enhancement
Practice Area: Daly City DUI and DWI
Date: May 18, 2011
Outcome: Probation Granted, $1,805 Fine, 9 Month DUI School, 4 Days SWAP, NO JAIL
Description: Client was a good college student getting ready for graduation when she crashed her vehicle after consuming two "four loco" 40 oz alcoholic beverages. Apparently, these drinks combine the positive benefits of alcohol and energy drink into one and have in fact been banned in some places. Anyway, Client was in a world of trouble as her BAC was twice what would be the standard ENHANCEMENT for a DUI case (.30% BAC...the enhancement is .15%), and she was involved in a collision. I was able to nonetheless portray my Client in a favorable light and we successfully negotiated a settlement of the case for three years informal court probation, fine of $1,805, 9 month DUI school and four days of SWAP in lieu of jail. License suspended for 30 days and restricted for nine months.
San Francisco DUI .03% BAC First Offense Under 21 Zero Tolerance DUI
Practice Area: San Francisco DUI and DWI
Date: May 17, 2011
Outcome: CRIMINAL CASE DISMISSED. One Year License Suspension
Description: Client, an 18 year old high school graduate, was stopped by SFPD for a light violation. She later submitted to a preliminary breath test (PAS) which registered a .03% which qualified her for the under 21 zero tolerance DUI law. Although the DMV suspended her license administratively, I pursued her criminal case to trial on a "time not waived" basis and was able to get a dismissal as to all criminal charges.
Marin County DUI .23% BAC First Offense DUI High BAC Enhancement
Practice Area:
Mill Valley DUI and DWI
Date: May 12, 2011
Outcome: ENHANCEMENT DISMISSED. THREE MONTH DUI SCHOOL, Fine & 9 AWOP
Description: Client was a recent college graduate who was pulled over near the 2 AM Club in Mill Valley after rolling a stop sign. Client had remarkably high BAC readings, .23%, and was arrested and charged with an enhanced DUI. I successfully negotiated a settlement of the case with the Marin District Attorney Expediter for three years informal court probation, fine of $1,894, 9 days of SWAP in lieu of jail and a THREE MONTH DUI SCHOOL. These cases typically mandate a 9 month DUI school, so this result was exceptional. Clients license was suspended for 30 days and restricted for five months (would have been restricted for nine months if the longer school had been ordered)
San Mateo County DUI .08% BAC First Offense DUI
Practice Area: San Bruno DUI and DWI
Date: May 11, 2011
Outcome: DUI CHARGES DISMISSED. DMV HEARING WON: NO SUSPENSION
Description: Client accepted settlement offer of dismissal of DUI in exchange for plea to reckless driving misdemeanor (wet). Client received two years informal court probation, fine of $1,251, and 12 hour DUI school. WON DMV HEARING SO NO SUSPENSION, SR-22 OR THREE MONTH DUI SCHOOL.
San Mateo County Redwood City DUI .14% BAC First Offense DUI
Practice Area: Redwood City DUI and DWI
Date: May 05, 2011
Outcome: Minimum Probation, 3 Month DUI School, $1,801 Fine, 2 Days SWAP
Description: Client was charged with DUI after she was followed by a Redwood City Police Officer for approximately one mile. We challenged the probable cause for the stop using investigator Alan McCann. Regrettably, our Motion to Suppress Evidence pursuant to Penal Code section 1538.5 was denied. Client eventually pled no contest to a violation of Vehicle Code section 23152(b) for three years of informal probation, two days of community service (SWAP), level one/3 month DUI school and find of $1,801. We were able to avoid a 30 day "hard" suspension of client's license and she only received a five month restriction.
Alameda County Oakland DUI .13% BAC First Offense DUI
Practice Area: Oakland DUI and DWI
Date: Apr 28, 2011
Outcome: DUI CHARGES DISMISSED. CASE REDUCED TO RECKLESS DRIVING
Description: Today I settled a .13% BAC first offense DUI in Alameda County, Oakland, for a "wet" reckless driving plea. Client was stopped for "weaving" within his lane. Although I believed probable cause to be questionable, Client took advantage of excellent settlement offer for dismissal of the DUI charges (and thus no ignition interlock device requirement), and a plea to reckless driving for two years of informal court probation, fine of $993 and a three month DUI school. Although Client avoided a mandatory suspension of his license, an administrative suspension by the DMV is likely and hence the license will be suspended for thirty days and restricted until the DUI school is completed.
San Mateo County DUI .14% BAC First Offense DUI
Practice Area: Daly City DUI and DWI
Date: Apr 27, 2011
Outcome: Probation Granted, $1,801 Fine, 3 Month DUI School, 2 SWAP
Description: Today I settled a tough case for a client who was stopped by the CHP for speeding, 89 MPH in a 65 MPH zone. She was subsequently arrested for DUI and provided a breath sample with a .14% BAC. Case resolved for minimum probation of three years, 3 month DUI school, two days of SWAP in lieu of jail and fine of $1,801. License suspended for thirty days and restricted for five months.
Contra Costa County Walnut Creek DUI .16% First Offense DUI High BAC Enhancement
Practice Area: Walnut Creek DUI and DWI
Date: Apr 26, 2011
Outcome: ENHANCEMENT DISMISSED. THREE MONTH DUI SCHOOL, Fine & 2 SWAP
Description: Today I negotiated a settlement for a client who was arrested by the CHP for DUI after he was stopped for driving 83 MPH in a 65 MPH zone. Client subsequently submitted to blood test which yielded .16% BAC. Settled case for minimum sentence and dismissal of high BAC (<.15%) enhancement. Client received three years of informal probation, fine of $1,876, three month DUI school and two days of SWAP in lieu of jail. This was an excellent result as Contra Costa County typically requires the six month DUI school on cases above .15% BAC but below .20%. License suspended for thirty days and restricted for five months.
San Francisco DUI .16% BAC First Offense DUI High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Apr 26, 2011
Outcome: ENHANCEMENT DISMISSED. 3 MONTH DUI SCHOOL, Fine & NO JAIL/SWAP
Description: Today I settled another high BAC case (<.15%) in Department 17 of 850 Bryant Street. Client stopped by SFPD while asleep at the wheel while stopped at a red light. Subsequent breath test yielded result of .16% BAC. Case settled for minimum three year probation, 3 month DUI school, fine of $1,834 and NO JAIL, SWAP OR COMMUNITY SERVICE! License suspended for thirty days and restricted for five months.
San Francisco DUI .12% BAC First Offense DUI Collision
Practice Area: San Francisco DUI and DWI
Date: Apr 25, 2011
Outcome: Probation Granted, $1,804 Fine, 3 Month DUI School, NO JAIL OR SWAP
Description: Today I settled a first offense DUI in Department 17 before Judge Donna Little that involved a breath test result of .12% BAC and a collision with another motor vehicle in an intersection. Although the BAC wasn't too high, collisions are serious enhancements in punishment. We successfully settled this case for minimum punishment of three years informal court probation, fine of $1,804, 3 month DUI school and NO JAIL OR SWAP. License suspended for 30 days and restricted for five months.
San Mateo County Driving on Suspended License CVC 14601.2
Practice Area: Daly City DUI and DWI
Date: Apr 21, 2011
Outcome: CHARGES REDUCED TO INFRACTION. NOMINAL FINE
Description: Today I settled a 14601.5 charge (driving on a suspended license pursuant to a DUI suspension) for an infraction, violation of Vehicle Code section 12500. Client received only a nominal fine, with no probation, jail or further license suspension. An excellent result as client faced minimum ten day jail sentence.
Contra Costa County Pittsburg DUI .22% BAC Third Offense DUI Collision High BAC Enhancement
Practice Area: Pittsburg DUI and DWI
Date: Apr 21, 2011
Outcome: Probation Granted, $1,806 Fine, 18 Month DUI School, 120 Days Jail
Description: Third offense DUI cases are by their nature, the most challenging misdemeanor cases. The minimum sentence in California is 120 days of actual jail and this can be a life changing event for a client. This case was no exception. Client was charged with third offense DUI in ten years this time after flipping his vehicle off the road with a BAC of .22%. Additionally, his license was still suspended from the second offense DUI. The initial DA offer was 180 days of jail. We responded with several continuances and Pre-Trials and eventually received an offer of 30 days jail with 90 days of residential treatment. Client chose to serve jail, however, instead of treatment. Accordingly, the case settled for five years of informal probation, fine of $1,806, 18 month DUI school and 120 days of jail. License suspended for 90 days and restricted with ignition interlock device for 18 months.
Alameda County Pleasanton DUI .12% BAC Second Offense DUI
Practice Area: Dublin DUI and DWI
Date: Apr 20, 2011
Outcome: Probation Granted, $1,796 Fine, 18 Month School, NO ACTUAL JAIL
Description: Today I settled a second offense DUI in Department 704 for the minimum possible punishment. Client was stopped for running a red light and subsequently tested at a .12% BAC by blood analysis. Case settled for five years informal court probation, fine of $1,870, ignition interlock device ("IID") for one year, 18 month DUI school and ten days of SWAP in lieu of jail. License suspended for 90 days and restricted for 18 months.
San Francisco DUI .13% BAC First Offense DUI
Practice Area: San Francisco DUI and DWI
Date: Apr 08, 2011
Outcome: CRIMINAL CASE DISMISSED. 30 Day License Suspension, 3 Month DUI School, SR-22
Description: Client passed out behind the wheel of his vehicle at a stop light after attending a sporting event in the City. CHP woke him up and subsequently arrested him for DUI with a breath test result of .13%. Criminal charges were subsequently DISMISSED due to the lack of driving evidence. DMV upheld the suspension, however, and client was required to suffer four month suspension and obtain an SR-22. Client only required to enroll in the First Offender Program (DUI School) if he wanted to obtain "restricted license."
San Mateo County DUI First Offense DUI Refusal Allegation
Practice Area: San Bruno DUI and DWI
Date: Apr 08, 2011
Outcome: REFUSAL ALLEGATION STRICKEN. Probation Granted 3 Month DUI School
Description: Today I settled a first offense DUI w/ a refusal special allegation for a reduced sentence of three years probation, fine of $1,806, THREE MONTH DUI SCHOOL, and two days of SWAP in lieu of jail. Regrettably, the license was suspended by DMV for one year for the refusal allegation. I offered to take client's criminal case to trial "pro bono" but she did not want to take the risk and accepted this reduced sentence where the refusal allegation was dismissed.
Contra Costa County Richmond DUI .19% BAC First Offense DUI High BAC Enhancement
Practice Area: Richmond DUI and DWI
Date: Apr 07, 2011
Outcome: Probation Granted, $1,876 Fine, 6 Month DUI School, 2 SWAP
Description: This was a tough case, primarily because the client was so difficult. Client had previously been arrested for DUI and his criminal case was dismissed on a motion to suppress evidence. Client did, however, suffer an administrative suspension at the DMV. Strangely, the Client did not hire his prior attorney who got his case dismissed (or he refused to represent him) and instead retained me. Client was stopped by the police after a witness reported him throwing up and nearly crashing into a parked car. Client provided a blood sample with BAC of .19% and even urinated himself. I nevertheless challenged the probable cause for the stop and the motion was denied. The case eventually settled for a first offense, three years of probation, fine of $1,876, 6 month DUI school and two days of SWAP in lieu of jail. License suspended administratively by DMV for one year.
San Francisco DUI .14% BAC First Offense DUI
Practice Area: San Francisco DUI and DWI
Date: Apr 06, 2011
Outcome: Probation Granted, $1,801 Fine, 3 Month DUI School, NO JAIL OR SWAP
Description: Today I settled a first offense DUI in Department 17 at the Hall of Justice before Judge Donna Little. Client was stopped by the CHP for speeding and weaving. She subsequently blew a .14% BAC breath test. I successfully settled the case for minimum punishment of three years informal court probation, fine of $1,801, 3 month DUI school and NO JAIL, SWAP OR COMMUNITY SERVICE. License suspended for 30 days and restricted for five months.
San Francisco DUI .15% BAC First Offense DUI Collision High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Apr 05, 2011
Outcome: ENHANCEMENT DISMISSED. 3 MONTH DUI SCHOOL, Fine & NO JAIL/SWAP
Description: Today I settled a tough case that required multiple Pre-Trial Conferences for a client who had been in a total loss collision on the Bay Bridge and subsequently provided a blood sample which yielded a .15% BAC. DA initially wanted long DUI program, 10 SWAP and ignition interlock device. In Department 17, I finally settled the case for minimum three years of probation, fine of $1,804, 3 month DUI school and NO JAIL, SWAP OR COMMUNITY SERVICE.
San Francisco DUI .16% BAC First Offense DUI High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Mar 18, 2011
Outcome: CRIMINAL CASE DISMISSED. 30 Day License Suspension, 3 Month DUI School, SR-22
Description: Client was stopped by the CHP in San Francisco for weaving and driving too slowly. Although she submitted to two preliminary breath tests at .16% and a subsequent blood sample of .16%, the criminal case was consequently DISMISSED. Client suffered a one month license suspension, five months of restriction and the requirements of a 3 month DUI school and SR-22 filing.
Santa Clara County San Jose DUI .12% BAC First Offense DUI
Practice Area:
San Jose DUI and DWI
Date: Mar 17, 2011
Outcome: Probation Granted, Fine, 3 month DUI School, NO JAIL
Description: Today I settled a case in Department 47 in San Jose, a county notoriously tough on DUI cases. Client stopped by local police after an illegal U-Turn in a business district. A subsequent breath test showed a .12% BAC. I successfully negotiated a settlement of the case for the minimum three year probation term, fine of $1,850, 3 month DUI school, and 5 days of SWAP (community service) in lieu of actual jail time. License suspended for thirty days and restricted for five months.
San Francisco DUI Attorney Nors Davidsons' award for Top Rated DUI Lawyer in 2018 by Avvo.
Marin County DUI .16% BAC Second Offense DUI Probation Violation High BAC Enhancement
Practice Area: San Rafael DUI and DWI
Date: Mar 14, 2011
Outcome: Enhancement Dismissed, Minimum Probation, One Year License Suspension
Description: Client was stopped for talking on her cell phone by CHP and subsequently blew a .16% BAC. Client was previously on probation for a "wet" reckless conviction so this was a second offense DUI with .15% and above enhancement and probation violation. Case settled for dismissal of the enhancement, minimum three years informal court probation, fine of $2,465, 18 month DUI school, 5 days of community service (AWOP/SWAP) and four days of actual jail custody. License suspended for one year as a result of the probation violation.
Alameda County Oakland DUI .12% BAC First Offense DUI
Practice Area: Oakland DUI and DWI
Date: Mar 11, 2011
Outcome: DUI CHARGES DISMISSED. CASE REDUCED TO RECKLESS DRIVING
Description: Client stopped for speeding (85 mph in 55 zone) by the CHP and subsequently blew a .12% BAC. As a DUI conviction in Alameda County results in a mandatory Ignition Interlock Device ("IID"), we negotiated this case in pre-trial conference several times until finally the DA was convinced to dismiss the DUI and reduce the charges to reckless driving (wet). Client received greatly reduced sentence of three years of informal probation, fine of $973 and 3 month DUI school. NO JAIL OR SWAP. Client's license suspended administratively for one month and restricted for five months.
Alameda County Hayward DUI .14% Second Offense DUI Probation Violation
Practice Area: Hayward DUI and DWI
Date: Mar 09, 2011
Outcome: Probation Granted, $1,796 Fine, 18 Month School, NO ACTUAL JAIL
Description: Client arrested for second offense DUI while on probation for first offense. Client stopped for defective brake light and blew a .14%. Successfully negotiated settlement of case in Department 501 where client received three years of informal probation, 18 month DUI school, fine of $1,796 and 9 days of community service (SWAP) in lieu of actual jail. license suspended for one year due to probation violation/2nd offense by DMV.
San Francisco DUI .21% BAC First Offense DUI High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Mar 07, 2011
Outcome: ENHANCEMENT DISMISSED. THREE MONTH DUI SCHOOL, Fine & 4 SWAP
Description: Today I settled a high BAC (>.15%) first offense DUI in Department 17 at 850 Bryant Street. Client stopped for failure to maintain lane and subsequently provided two breath tests reading .21%. Client desperately needed three month DUI school which was a feat considering that the 9 month school is typically required. Case resolved for minimum three year probation, fine of $1,794, THREE MONTH DUI SCHOOL, and four days of SWAP (community service) in lieu of actual jail time. License suspended for thirty days and restricted for five months. Client's license would have been restricted for nine months if the longer program was required. An excellent result.
San Mateo County DUI .22% BAC First Offense DUI Collision High BAC Enhancement
Practice Area: South San Francisco DUI and DWI
Date: Feb 28, 2011
Outcome: Probation, Fine, No Jail & THREE MONTH DUI SCHOOL.
Description: Today I settled a high BAC DUI case in South San Francisco at Pre-Trial Conference for an exceptional result. Client was stopped by police after observed driving his vehicle on its rims which created sparks that drew the attention of officers. Client subsequently submitted to four breath tests, all above a .20%, with the highest being a .22%. Case settled for remarkable result of three years informal court probation, fine of $1,721, THREE MONTH DUI SCHOOL, and four days of SWAP. Client's license suspended for thirty days and restricted for five months. Cases like these typically require a 9 month DUI school and a possible ignition interlock device, so this result was indeed remarkable.
San Francisco DUI .21% BAC First Offense DUI Collision High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Feb 24, 2011
Outcome: ENHANCEMENT DISMISSED & 3 MONTH DUI SCHOOL
Description: Today I settled a difficult case for a client who had been involved in a significant collision with another driver on the Embarcadero in San Francisco. Client submitted to breath test with result of .21% BAC, thus making the 9 month DUI school a probability. I negotiated a disposition of the case in which the special allegation for excessive BAC was dismissed and client received three years informal court probation, fine of $1,710, THREE MONTH DUI SCHOOL, three days of SWAP (no actual jail) and 25 AA meetings. Client required to pay restitution to driver of other vehicle for property damage. Client's license suspended for thirty days and restricted for five months per DMV. An excellent result as the DA initially wanted a 9 month DUI school and installation of an ignition interlock device ("IID").
San Mateo County DUI .14% BAC Second Offense DUI
Practice Area: South San Francisco DUI and DWI
Date: Feb 14, 2011
Outcome: CRIMINAL CASE DISMISSED!
Description: Today I got a second offense DUI in San Mateo County, South San Francisco, DISMISSED! I filed a Motion to Suppress Evidence based on the fact that the tip that my client was DUI was not corroborated. I Pre-Tried the case last week and the DA wouldn't even consider my client's 150 plus AA meetings and 3 months of sobriety. The court offered 3 years of probation, fine of over $2,000, 18 month DUI school and 30 days JAIL. The DA's Office in San Mateo has been really slouching lately and not discovering evidence and just assuming the court would be cool with it. Anyway, we rejected the offer and then on the day of the hearing, the DA mad a motion to continue because they had not subpoenaed the dispatcher. The court finally agreed that the DA failed to exercise "due diligence" and my client's case was DISMISSED! Still lost DMV, however, so client will have four months of suspension, an IID requirement and 18 month DUI school, but NO CRIMINAL CONVICTION.
San Mateo County Redwood City DUI .10% BAC First Offense DUI
Practice Area: San Mateo DUI and DWI
Date: Jan 27, 2011
Outcome: DUI DISMISSED. CASE REDUCED TO RECKLESS DRIVING
Description: Today I resolved a case for my client in Redwood City. Client was stopped on US 101 in San Mateo County for weaving and driving too slowly. A subsequent blood test revealed a BAC of .10%, which can be borderline for a reduction in San Mateo County. Thankfully, I was able to negotiate a favorable pre-trial result with my client entering a plea of "no contest" to the reduced charge of "reckless driving" pursuant to Vehicle Code section 23103.5. Client received reduced sentence of two years informal court probation, fine of $1,450, 12 hour DUI school and NO JAIL OR SWAP. Due to the reduction, Client suffered no immediate license suspension and we now live to fight another day at the DMV. If successful, we may save his license, and SR-22 filing and a 3 month DUI School. Case to be updated after DMV.
Alameda County Hayward DUI .12% BAC First Offense DUI
Practice Area: Hayward DUI and DWI
Date: Jan 25, 2011
Outcome: DUI DISMISSED. CASE REDUCED TO RECKLESS DRIVING
Description: Today I appeared for a critically important Pre-Trial Conference for my client who presented me with the problem that she would lose her employment if she lost her license. After much negotiation, I was able to get her DUI dismissed for entry of a plea of "no contest" for reckless driving under Vehicle Code section 23103.5. Client received greatly reduced sentence of three years of informal court probation, fine of $910, and 12 hour DUI school. NO JAIL OR SWAP AND NO MANDATORY LICENSE SUSPENSION. .12% cases don't normally clear the DUI hurdle in court, so now the final matter resides in the hands of the hearing officer at the Oakland Driver's Safety Office. We've retained Halle Weingarten on a wing and prayer that we may still sway the DMV and ultimately save my client's license, and more importantly, her job. To be updated.
Alameda County Pleasanton Driving on Suspended License CVC 14601.2
Practice Area: Pleasanton DUI and DWI
Date: Jan 21, 2011
Outcome: DRIVING ON SUSPENDED LICENSE DISMISSED, CASE REDUCED
Description: 1/21/11: A former multiple DUI offender client was stopped by police in Pleasanton for excessive window tint. Client had been stopped for this previously and had allowed a citation on that matter to go to collections. Accordingly, his driver's license was suspended at the time of his driving and he was arrested for driving on a suspended license, Vehicle Code section 14601(a), a misdemeanor, and his car was impounded. I appeared on my client's behalf SEVERAL TIMES to request extensions of time to allow me to assist my client in getting the "hold" removed from his license and subsequently getting his driving privilege reinstated. After three Pre-Trial Hearings, Client was able to get his license back and his case was greatly reduced to a violation of Vehicle Code Section 12500 (driving without license in possession). Client received modest probation and a fine. Most important, however, was that I did the leg work to GET MY CLIENT HIS LICENSE BACK! DMV can be a virtual nightmare to deal with multiple suspensions and truly believe that this case allowed me to really help someone albeit at a cost to my bottom line. But as my saying goes, excellent results that lead to referrals are worth ten times the value of a high priced flat fee that leaves the client feeling used by the attorney.
San Francisco DUI .14% BAC First Offense DUI
Practice Area: San Francisco DUI and DWI
Date: Jan 19, 2011
Outcome: DUI DISMISSED. CASE REDUCED TO RECKLESS DRIVING
Description: Today I settled a .14% BAC first offense DUI in San Francisco at the Hall of Justice for an amazing result. Client was stopped for failing to maintain his lane of travel by the CHP and subsequently gave two .14% breath test samples. Arrested and charged with DUI, we expected a drunk driving conviction. I successfully negotiated the case with the district attorney for a settlement for reckless driving ("wet") and all DUI charges were dismissed. Client received a greatly reduced sentence of 18 months probation, fine of $1,064, and a three month DUI school. No SWAP and no mandatory license suspension. DMV hearing remains pending, but suspension likely. Cases with this high BAC rarely, if ever, get reduced to reckless driving, so this was a tremendous result for a client who was unemployed at the time and really needed the break.
San Francisco DUI .10% BAC First Offense DUI
Practice Area: San Francisco DUI and DWI
Date: Jan 19, 2011
Outcome: DUI DISMISSED. CASE REDUCED TO RECKLESS DRIVING
Description: Today I settled a first offense DUI for my client who was arrested by the CHP on the Bay Bridge for swerving and failing to maintain his lane. Client had significant language barrier with police, but performed well on field sobriety tests anyway. Breath tests at the scene reported BAC at .10% with an evidential test reported at .09%. Case settled and all DUI charges were dismissed. Client accepted plea for reckless driving ("wet") for greatly reduced sentence of 18 months of probation, fine of $1,064, 12 hour DUI school and NO SWAP, jail or community service. No mandatory license suspension and DMV hearing remains alive with hope of a set aside with expert testimony from Halle Weingarten.
San Mateo County Redwood City DUI .14% BAC First Offense DUI
Practice Area: San Mateo DUI and DWI
Date: Jan 12, 2011
Outcome: DUI CHARGES DISMISSED. Case Reduced to Reckless Driving
Description: This was a tough case. Client arrested for speeding by CHP on I-280 going 80 mph. DUI investigation follows with client allegedly performing poorly on field sobriety tests. Client answers CHP questions poorly telling the officer he had one glass of wine several hours ago. Although client refused PAS device, he later submitted to a blood test which returned a .14%. D.A. of course offered DUI conviction, but client decided to take his case to jury trial instead. Jury was sworn and officer cross examined. DA attempted, during trial, to introduce evidence of blood test without first producing records during discovery. I objected and DA caved offering my client a reckless driving plea during the middle of trial. Client accepted the offer and received two years informal court probation, reduced fine of $1,200, and 12 hour DUI school. NO JAIL, SWAP, COMMUNITY SERVICE OR MANDATORY LICENSE SUSPENSION. DMV hearing remains pending.
San Mateo County Redwood City DUI .10% BAC First Offense DUI
Practice Area: Foster City DUI and DWI
Date: Jan 12, 2011
Outcome: DUI CHARGES DISMISSED. DMV HEARING WON: NO SUSPENSION
Description: Today I settled a first offense DUI in Redwood City for a plea to the reduced charge of reckless driving ("wet") meaning prior able within ten years. Client received reduced sentence of two years probation, 12 hour DUI school, fine of $1,441 and NO JAIL OR SWAP. Subsequently WON DMV HEARING and client suffered no license suspension or SR 22 requirement.
Marin County DUI .18% BAC First Offense DUI and High BAC Enhancement
Practice Area: San Rafael DUI and DWI
Date: Jan 06, 2011
Outcome: SPECIAL ALLEGATION STRICKEN 3 MONTH SCHOOL AND NO SWAP
Description: Today I settled a first offense DUI in San Rafael before Commissioner Beverly Wood. Client was stopped for turning the wrong way on the freeway by the CHP and submitted to a .18% BAC breath test. Although the criminal case was strong, the DMV paperwork was incomplete giving rise to a subpoena of the arresting officer. Without charging the client any extra money, I obtained an extra continuance of the criminal case to give us a shot at the DMV based on an officer failure to appear. Although the officer appeared and the DMV upheld the suspension, I was able to get the client an important extension of his driver's license through the holidays which was an important issue for him. The special enhancement for a BAC in excess of .15% was dismissed and client received minimum sentence of three years of informal court probation, fine of $1,705 (minus for two days credit for time served), and required to enroll in and complete level one/3 month DUI school. No jail, SWAP or community service. Client's license suspended for thirty actual days with five months of restriction with SR-22 coverage. Although the case could not be won, the client was assisted to meet his driving schedule and we had a legitimate opportunity at the DMV. Under better circumstances, the officer would not have appeared for the DMV hearing and we could have won it....on a .18% case! You can't win them all and the client seemed happy with the case strategy which helped him deal with a really tough case.
San Francisco DUI .09% BAC First Offense DUI
Practice Area: San Francisco DUI and DWI
Date: Dec 22, 2010
Outcome: CASE DISMISSED & NO CRIMINAL CONVICTION
Description: I appeared today at the Hall of Justice for client who was arrested for DUI after submitting to four breath tests, .09% and three .08%'s. Appeared in Department 14, discussed the case with the prosecutor and result=CASE DISMISSED
Alameda County Oakland DUI .08% BAC First Offense DMV Under 21 APS Hearing
Practice Area: Oakland DUI and DWI
Date: Dec 20, 2010
Outcome: DMV 'SET ASIDE" NO LICENSE SUSPENSION!
Description: On November 16, 2010, I appeared on my client's behalf for his DMV hearing. Client was a sixteen year old who blew a .08% on a preliminary breath test (PAS) and was arrested for DUI, fleeing the police and causing a collision. Although no criminal case was ever filed, client still faced a one year suspension of his license if he lost his "zero tolerance" DMV hearing where the DMV only needed to establish that his BAC was .01% or greater. My objections to the admissibility of the PAS device numbers were sustained due to a lack of foundation and I subsequently won his DMV hearing. No license suspension, no DUI school and no SR-22. A remarkable result considering the facts of the case.
Alameda County Oakland DUI .22% BAC First Offense DUI Excessive Speed and High BAC Enhancement
Practice Area: Oakland DUI and DWI
Date: Dec 17, 2010
Outcome: SPEED ALLEGATION DISMISSED. NO JAIL OR SWAP
Description: Today I settled a high BAC (.22% by blood test) in Oakland. Client was stopped by the CHP for traveling 103 MPH in a 55 MPH zone. Client was subsequently charged with both an excessive BAC (>.15%) enhancement and a reckless driving enhancement. The law requires a driver convicted of DUI while traveling more than 30 MPH over the speed limit on an interstate to receive a sentence of no less than 60 days in the county jail. I successfully resolved the case today for minimized sentence of three years informal court probation, fine of $1,813, 9 month DUI school and NO JAIL OR SWAP. Client received thirty day suspension followed by nine months of restricted license. Due to the new legislated ignition interlock requirement for the Alameda County pilot program, client will have to install and maintain an ignition interlock device (IID) prior to obtaining his license.
Santa Cruz DUI .08% BAC First Offense DUI
Practice Area: Santa Cruz DUI and DWI
Date: Dec 15, 2010
Outcome: DUI CHARGES DISMISSED. Case Reduced to Reckless Driving
Description: In an unfortunate case, my client was stopped after attending his high school reunion in Santa Cruz for having a burned out headlight. Client performed well on field sobriety tests and submitted to four breath samples of .08% BAC. After multiple court appearances, the client accepted a plea bargain for a reduced sentence to reckless driving (wet). Client received three years of informal court probation, fine of $1,515 and a 12 hour DUI school. NO JAIL, SWAP OR COMMUNITY SERVICE. Client suffered no mandatory license suspension. We appeared together for client's DMV hearing in Santa Clara on December 17, 2010 with forensic toxicologist Halle Weingarten. Although Hearing Officer Huang is notoriously strict with license suspensions, we made a strong case and are presently awaiting a positive result.
San Mateo County DUI .09% BAC First Offense DUI Collision
Practice Area: South San Francisco DUI and DWI
Date: Dec 13, 2010
Outcome: DUI CHARGES DISMISSED. Case Reduced to Reckless Driving
Description: Today I settled a difficult case in South San Francisco, the Northern Branch courthouse for San Mateo County. Client was involved in major property damage collision when she struck a disabled vehicle on Interstate 101. Client subsequently blew a .09% BAC via breath test. Case settled short of trial for dismissal of DUI charges and reduction to reckless driving (wet). Client received reduced sentence of two years informal court probation, reduced fine of $1,455, and a 12 hour DUI school as opposed to the normal three month course. NO JAIL, SWAP, COMMUNITY SERVICE OR MANDATORY LICENSE SUSPENSION. Case continued for determination of restitution (damages to the victim), which should be covered by insurance. I assisted client with the claims process and ensured that she received her total loss settlement check in a timely manner. DMV hearing remains pending but we have retained forensic toxicologist Halle Weingarten and are hopeful to avoid a license suspension.
Santa Clara County San Jose DUI .09% BAC First Offense DUI
Practice Area: San Jose DUI and DWI
Date: Dec 06, 2010
Outcome: DUI CHARGES DISMISSED. CASE REDUCED TO "DRY" RECKLESS
Description: Santa Clara County is a notoriously prosecution friendly jurisdiction and DUI cases are no exception. Case in point: My client was stopped for speeding (83 mph in 65 mph zone), and was subsequently investigated for DUI. Client blew two roadside tests of .09% and .07% and was arrested. Pursuant to Title 17, client later provided two breath samples of .07% and .06%. While in many counties this case would never be filed, San Jose not only filed a DUI against my client, but the District Attorney would only offer a WET RECKLESS driving conviction at pre-trial. Although I hadn't been paid to do so and with the consent of my client, we refused the offer and set the case for Jury Trial. On the day of trial (today), my client accepted a further reduced offer of misdemeanor reckless driving (DRY). For that offense, my client received two years of informal probation and was required to pay a fine of $770. NO DUI SCHOOL, NO LICENSE SUSPENSION, AND NON-PRIORBALE CONVICTION.
Alameda County Pleasanton DUI .25% BAC Second Offense DUI Collision High BAC Enhancement
Practice Area: Pleasanton DUI and DWI
Date: Dec 03, 2010
Outcome: SPECIAL ALLEGATION STRICKEN & NO ACTUAL JAIL
Description: Today I settled a difficult case in Department 703 in Pleasanton before Judge Jacob Blea, III. Client stopped for driving without headlights and subsequently striking a curb. Client had suffered prior conviction for DUI out of San Francisco County in 2007 and just finished probation prior to this second offense. Negotiated settlement of case for NO JAIL, five years of informal probation, fine of $1,870, and twenty (20) days of SWAP (sheriff's work alternative program). Multiple Offender DUI school ordered (18 month) and client's license suspended per conviction for two years. Ignition Interlock Device ("IID") ordered for three years as result of conviction. Special enhancement for high BAC dismissed.
San Mateo County DUI .09% BAC First Offense DUI
Practice Area: South San Francisco DUI and DWI
Date: Dec 01, 2010
Outcome: DUI CHARGES DISMISSED. Case Reduced to Reckless Driving
Description: Today I settled a low BAC, .09% breath test in South San Francisco at Pre-Trial Conference. Client was stopped for speeding (83 mph in 65 mph zone). Although his field sobriety tests were good, Client's admitted drinking pattern wasn't a good fit for a "rising BAC defense." Case settled for a dismissal of all DUI charges. Case was amended to reduced offense of reckless driving that is prior able under DUI law ("Wet" reckless/Vehicle Code section 23103.5). Client received reduced sentence of two years informal court probation, fine of $1,455, 12 hour DUI school (instead of the standard 3 month program), and NO JAIL, SWAP OR COMMUNITY SERVICE. No mandatory license suspension
San Francisco DUI .13% BAC First Offense DUI and Marijuana Possession
Practice Area: San Francisco DUI and DWI
Date :Nov 02, 2010
Outcome: DUI CHARGES DISMISSED. Case Reduced to Reckless Driving
Description: Today, I settled a case for an out of state defendant who was visiting San Francisco when he was pulled over for running a red light. Client blew a .13% BAC and was arrested for DUI and marijuana possession. I successfully settled the case as the DUI and marijuana possession charges were dismissed. Case was reduced to reckless driving pursuant to 23103.5. Client received reduced sentence of three years of court probation, fine of $1,060 and a three month DUI school via a correspondence course. An excellent result as DUI cases with this level of BAC are very rarely reduced to reckless driving. Client's ability to drive in California was suspended administratively by the DMV for four months.
Alameda County Oakland DUI .23% BAC First Offense DUI and High BAC Enhancement
Practice Area: Oakland DUI and DWI
Date: Oct 29, 2010
Outcome: SPECIAL ALLEGATION STRICKEN 3 MONTH SCHOOL AND NO SWAP
Description: Settled tough high BAC case in Oakland today for minimum punishment. Special allegation dismissed and client received 3 years of probation, fine of $1,800 and 3 month DUI school. 9 month school is normally required so this was quite a victory. License suspended for 30 days and restricted for five months. If client got 9 month school, license would have been restricted for 10 months!
Alameda County Oakland Driving on Suspended License CVC 14601.2
Practice Area: Oakland DUI and DWI
Date: Oct 29, 2010
Outcome: CASE DISMISSED AS TO ALL CHARGES
Description: Client stopped for driving on suspended license and speeding in connection with my representation of her in prior DUI case. I appeared today for bench trial and all charges were dismissed. Client faced significant penalties, license suspension and increased insurance costs.
San Francisco DMV .09% BAC DUI DMV Suspension Hearing
Practice Area: San Francisco DUI and DWI
Date: Oct 29, 2010
Outcome: DMV 'SET ASIDE" NO LICENSE SUSPENSION!
Description: Today I received notification that I was able to secure a "set aside" of my client's driver's license suspension following an arrest for DUI in Marin County. Client had four breath tests all registering .09% BAC. Client retained forensic toxicologist Halle Weingarten. We successfully rebutted the DMV presumption of guilt and SAVED CLIENT'S DRIVER'S LICENSE. Criminal case remains pending probable jury trial.
San Luis Obispo Driving on Suspended License 14601.2 Probation Violation Case
Practice Area:
San Luis Obispo DUI and DWI
Date: Oct 26, 2010
Outcome: $250 FINE. CASE REDUCED TO INFRACTION
Description: Today I settled a very difficult license case for a person who had suffered two prior suspensions for negligent operator and and DUI. In a case some DMV connections of mine called "impossible", I was able to get a probationary license from the DMV in San Luis Obispo. Subsequent to that, I got the misdemeanor driving on a suspended license case and probation violation (which carried a 20 day jail sentence) reduced to a CVC 12500 infraction. Client received NO PROBATION and was only required to pay a fine in the amount of $250. A kick ass result considering the mess this client had.
San Mateo County DUI .14% BAC Third Offense DUI
Practice Area: San Bruno DUI and DWI
Date: Oct 25, 2010
Outcome: RESIDENTIAL TREATMENT & SWAP= NO ACTUAL JAIL
Description: Third offense DUI cases are the most difficult to settle especially in conservative jurisdictions like San Mateo County. By statute, third offense DUI's require a minimum 120 jail sentence. More commonly, individuals in San Mateo typically receive 8 month sentences. Today I settled such a case for three years of formal probation, fine of $2,391, 18 month DUI school, 3 months of residential alcohol treatment and 59 days of SWAP in lieu of actual jail. NO ACTUAL JAIL License revoked for three years.
Sacramento DUI .24% BAC Second Offense DUI Probation Violation High BAC Enhancement
Practice Area: Sacramento DUI and DWI
Date: Oct 18, 2010
Outcome: Probation Granted. 4 Days Jail; 16 days SWAP
Description: Today, I successfully settled a second offense DUI case with a high BAC enhancement, .24%, and a probation violation (prior DUI in 2008), for minimum sentence. Client received four years of informal probation, four days of actual jail, 16 days of SWAP, fine of approximately $2,200, 18 month DUI school. License suspended for one year and restricted for one year.
San Francisco DUI .22% BAC First Offense DUI and High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Oct 12, 2010
Outcome: ENHANCEMENT DISMISSED. 3 MONTH DUI SCHOOL; NO JAIL
Description: 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 BAC 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.
The Yolo County Superior Court located at 1000 Main Street in Woodland, California.
San Francisco DUI .14% BAC First Offense DUI with Speed Enhancement
Practice Area: San Francisco DUI and DWI
Date: Oct 01, 2010
Outcome: DUI DISMISSED. CASE REDUCED TO RECKLESS DRIVING
Description: 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.
San Joaquin County Manteca DUI .12% BAC First Offense DUI Commercial Driver
Practice Area: Manteca DUI and DWI
Date: Sep 15, 2010
Outcome: DUI DISMISSED, CASE REDUCED AND NO LICENSE SUSPENSION
Description: 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 convincing 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!
Contra Costa County Martinez .22% BAC Second Offense DUI Commercial Driver and High BAC Enhancement
Practice Area: Martinez DUI and DWI
Date: Sep 14, 2010
Outcome: DMV SET ASIDE and NO LICENSE SUSPENSION!
Description: 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 same garbage 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 persuasion, I convinced the hearing officer to issue a "set aside" of my client's suspension. 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!
Alameda County Oakland DUI .05% BAC First Offense DUI Under 21 Zero Tolerance Case
Practice Area: Oakland DUI and DWI
Date: Sep 13, 2010
Outcome: DUI NOT GUILTY. CLIENT ACQUITTED
Description: 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 breath test 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 certified 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.
San Mateo County DUI .13% BAC First Offense DUI
Practice Area: South San Francisco DUI and DWI
Date: Aug 30, 2010
Outcome: Probation, Fine, 3 Month DUI School & 1 Day SWAP
Description: 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 absence due to the distance needed to travel to this case in South San Francisco. We retested 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.
San Francisco DUI .09% BAC First Offense DUI
Practice Area: San Francisco DUI and DWI
Date: Aug 12, 2010
Outcome: DUI CHARGES DISMISSED. Case Reduced to Reckless Driving
Description: 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%. In Department 16 at the Hall of Justice at 850 Bryant Street (the former department 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.
Sonoma County Santa Rosa DUI .12% BAC First Offense DUI
Practice Area: Sebastopol DUI and DWI
Date: Aug 10, 2010
Outcome: DUI CHARGES DISMISSED. Case Reduced to Reckless Driving
Description: 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 Sebastopol 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.
San Mateo County Redwood City DUI .26% BAC First Offense DUI and Child Endangerment
Practice Area: Redwood City DUI and DWI
Date: Aug 03, 2010
Outcome: PROBATION, NO JAIL, 6 DAYS OF SWAP
Description: I successfully settled an ugly case in Redwood City involving a mother with an child under the age of 14 in the vehicle. Her blood BAC was .26%, so she was subjected to two separate enhancements. I was able to negotiate a NO JAIL, NO PARENTING CLASSES resolution which included three years of informal court probation, fine of $1,700, 9 month DUI School and six days of SWAP. License suspended for thirty days and restricted for ten months.
San Francisco DUI .11% BAC First Offense DUI
Practice Area: San Francisco DUI and DWI
Date: Jul 22, 2010
Outcome: DUI DISMISSED. CASE REDUCED TO RECKLESS DRIVING. DMV HEARING WON
Description: Today I settled a first offense DUI in San Francisco for a reduction to reckless driving pursuant to Vehicle Code section 23103.5 (wet). Client had blood test result of .11% and marginal driving. Client received minimal sentence: 18 months probation, 12 hour DUI school and fine of approximately $1000. NO JAIL, SWAP OR COMMUNITY SERVICE. Appeared before the San Francisco DMV with expert witness Kenneth Mark (toxicologist) and won the hearing based on a rising BAC theory. NO LICENSE SUSPENSION AND NO MANDATORY SR-22 FILING!
Contra Costa County Pittsburg .20% BAC Second Offense DUI High BAC Enhancement
Practice Area: Pittsburg DUI and DWI
Date: Jul 22, 2010
Outcome: ENCHANCEMENT STRICKEN, NO JAIL, 9 DAYS SWAP
Description: Today I settled what could have been a really ugly case in Pittsburg. Client was found passed out in a McDonalds Drive Thru at 2:00 a.m. Police arrived and arrested him for his second DUI in the last five years. Client was a professional worker raising two young kids, so minimizing impact in this case was a key. Client settled case for MINIMAL punishment: four years of informal court probation, fine of $1789, 18 month multiple offender program, and ONLY 9 DAYS OF SWAP. No IID requirement or impound. License suspended administratively by DMV for one year.
San Francisco DUI .09% BAC First Offense DUI
Practice Area: San Francisco DUI and DWI
Date: Jul 21, 2010
Outcome: DUI DISMISSED. CASE REDUCED TO RECKLESS DRIVING
Description: Today, I settled a first offense DUI with a .09% blood result in San Francisco for minimum punishment: two years of probation, fine of $1,096, and three month DUI school. The DUI charges were dismissed and the case reduced to a reckless driving within the meaning of Vehicle Code section 23103.5. No mandatory license suspension and NO JAIL, SWAP OR COMMUNITY SERVICE.
Alameda County Pleasanton DUI .10% BAC First Offense DUI
Practice Area: Pleasanton DUI and DWI
Date: Jul 19, 2010
Outcome: DUI DISMISSED. CASE REDUCED TO RECKLESS DRIVING
Description: In Pleasanton, case settled for reduced charge of reckless driving (wet). Client received a reduced sentence of two years of probation, fine of $865 and three month DUI school. NO JAIL OR SWAP. License suspended for thirty days and restricted for five months.
Santa Clara County San Jose DUI .09% BAC DUI First Offense DUI Collision
Practice Area: San Jose DUI and DWI
Date: Jul 19, 2010
Outcome: DUI DISMISSED. CASE REDUCED TO RECKLESS DRIVING
Description: In San Jose Department 49, I successfully negotiated this case down from the DUI which was written in the prosecutor's offer sheet to a reckless driving (wet). Although client had low BAC (.09%), he fell asleep while driving and totaled his car into a guard rail. Luckily, no one was injured. Client received reduced sentence of 2 years of probation, fine of $1,760, and 3 month/level one DUI school. NO ADDITIONAL JAIL, SWAP OR COMMUNITY SERVICE. License suspended for 30 days and restricted for five months.
San Luis Obispo Second Offense Negligent Operator Suspension
Practice Area:
San Luis Obispo DUI and DWI
Date: Jun 24, 2010
Outcome: LICENSE REINSTATED. PROBATION GRANTED
Description: I appeared at the DMV in San Luis Obispo for my client's negligent operator suspension and negligent operator suspension probation violation hearing. In what was considered an impossible hearing, I successfully obtained a reinstatement of my client's driving privilege and his negligent operator probation.
San Francisco DMV Negligent Operator Hearing
Practice Area: San Francisco DUI and DWI
Date: Jun 23, 2010
Outcome: LICENSE SUSPENSION SET ASIDE. Probation Granted
Description: I appeared with a client for a DMV negligent operator suspension hearing at the Driver's Safety Office before Hearing Officer Lauren Medina. Client had previous DUI and two speeding tickets but was not advised by his prior DUI attorney of the possibility of a negligent operator suspension due to his four DMV points. Client retained me for DMV hearing and we obtained an order setting aside the suspension on the spot at the hearing. Client on probation (no new tickets) for one year. Excellent result.
San Francisco DUI .18% BAC First Offense DUI High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Jun 23, 2010
Outcome: ENHANCEMENT STRICKEN & NO SWAP
Description: I appeared for a client who had been arrested for DUI on the Bay Bridge and subsequently blew .18% BAC after a stop by the CHP. These cases can sometimes get blown out of proportion by the prosecution in San Francisco. Not on this day. Case settled amazingly for bare bones minimum sentence: 3 years informal probation, fine of $1700, THREE MONTH DUI SCHOOL and NO JAIL, SWAP OR COMMUNITY SERVICE. Client suffered NO ACTUAL LICENSE SUSPENSION and was instead only restricted for five months. Excellent result.
Santa Cruz DUI .18% BAC First Offense DUI High BAC Enhancement
Practice Area: Santa Cruz DUI and DWI
Date: Jun 18, 2010
Outcome: HIGH BAC ENHANCEMENT STRICKEN, Probation
Description: Client charged with DUI and special allegation of high BAC greater than .15% in Santa Cruz. Client blew .18% breath test and was stopped for driving at "high rate of speed" by way of an officer's visual estimate. I challenged the officer in cross examination at both the DMV and a Motion to Suppress Evidence hearing. While I believed we had a good shot at the 4th Amendment hearing, our motion was regrettably denied. Case subsequently settled for less than original pre-trial offer: five years informal probation (which is the standard is Santa Cruz County), fine of over $2,000, and thankfully a THREE MONTH DUI SCHOOL. Client was required to complete three days of community service via SWAP. License suspended for thirty day and restricted for five months. Overall, a hard fought 4th Amendment case, but the BAC was just too high for the judge to grant our motion to dismiss.
Santa Clara County DUI Probation Violation
Practice Area: Palo Alto DUI and DWI
Date: Jun 11, 2010
Outcome: PROBATION REINSTATED & NO PENALTY
Description: Client suffered a DUI conviction in 2009 in Palo Alto. She was represented by a friend and not a DUI lawyer. She subsequently failed to complete her SWAP requirements and the First Offender Program and warrant was issued for her arrest. I was retained to deal with the warrant and get her probation reinstated. I immediately appeared in the Superior Court and had the warrant recalled for the client. I subsequently appeared in Department 87 for the hearing on the probation violations. I discussed the case with the District Attorney and he agreed to reinstate her probation with NO PENALTY. This was an amazing result as Santa Clara County is notorious for harsh sentences.
Marin County .11% BAC First Offense DUI
Practice Area: San Rafael DUI and DWI
Date: Jun 08, 2010
Outcome: Probation, Fine & DUI School. No Jail/SWAP
Description: Settled a first offense DUI in Marin County for three years of probation, fine of $1700 and 3 Month DUI School. Client stopped and charged with speeding. Speeding violation subsequently dismissed. Client submitted to two PAS breath tests with .11% and .10%. A subsequent evidentiary breath test yielded a .09% and .08% BAC. Client told CHP that she hadn't consumed alcohol for hours thus defeating a possible rising BAC defense. Case settled and punishment minimized for client. License suspended for thirty days with a 5 month restriction.
Marin County DUI .15% BAC First Offense DUI High BAC Enhancement
Practice Area: Sausalito DUI and DWI
Date: Jun 08, 2010
Outcome: ENHANCEMENT STRICKEN, Probation, Fine & DUI School
Description: Settled a difficult case in Marin County. Client stopped for speeding by Sausalito Police and arrested for DUI. Client submitted to two PAS breath tests, both a .15% and a subsequent evidentiary blood test which returned a .15%. Successfully mitigated damages for client and reached settlement of case. Special enhancement for high BAC and speeding ticket dismissed. Client received three years of informal probation, fine of $1700, 3 MONTH DUI SCHOOL AND NO JAIL OR SWAP. Client's license suspended for 30 days followed by 5 months of restriction.
San Francisco DUI First Offense DUI Drugs Collision
Practice Area: San Francisco DUI and DWI
Date: May 20, 2010
Outcome: CASE DISMISSED
Description: Client charged with DUI after causing two separate collisions in one week. Both crashes occurred during daylight hours in the Richmond District. Client had been taking Internet prescribed medication "SOMA." Successfully argued lack of knowledge of client due to the fact that drug was provided to him without prescription and consultation. DUI charges dismissed. Client required to complete a clean drug screen for probationary license from DMV.
Contra Costa County Martinez DUI .22% BAC First Offense DUI High BAC Enhancement
Practice Area: Martinez DUI and DWI
Date: May 11, 2010
Outcome: ENHANCEMENT STRICKENT. 3 MONTH DUI SCHOOL
Description: I had an opportunity to settle this high BAC, .22%, DUI case for a three month DUI school. Client was stopped for following a vehicle too closely and then making an unsafe lane change which nearly caused a collision. Key to resolution in any .20% or greater case is getting the client the level one/3 month school. Standard attorneys will get the standard 9 month program every time. This program results in a long term restriction of the client's license. Client did receive three years of probation (statutory minimum), fine of $1,788, and had to perform 10 days of SWAP in lieu of jail. His license was previously suspended, so he also admitted a violation of Vehicle Code section 14601.1 for no additional penalty. Standard DUI Mandatory Suspension for 6 months.
San Mateo County .11% BAC First Offense DUI Under 21 Zero Tolerance
Practice Area: South San Francisco DUI and DWI
Date: May 04, 2010
Outcome: DUI DISMISSED. REDUCED TO RECKLESS DRIVING
Description: 18 year old client found passed out in her vehicle in the middle of the road and covered in vomit and blows a .11% PAS and .11% breath test. I settled this case in South San Francisco before Judge Livermore for a reduction to reckless driving ("wet"). Client received two years of probation, reduced fine of $1,381, and three month DUI school. NO JAIL, SWAP OR COMMUNITY SERVICE. Excellent result considering the facts and court venue. DMV remains pending but one year suspension likely due to client's age (18) and the California Zero Tolerance law.
Alameda County Pleasanton DUI .10% BAC First Offense DUI
Practice Area: Pleasanton DUI and DWI
Date: Apr 29, 2010
Outcome: DUI DISMISSED. CASE REDUCED TO RECKLESS DRIVING
Description: Client arrested for DUI in the Pleasanton area of Alameda County, notorious for strict punishments in DUI cases. Case aggravated by allegation that Client was driving in excess of 85 MPH. Retested blood sample through my expert Ken Mark at Bay Area Forensic Lab and returned with a .09%. Definitely a tough reduction, but nevertheless settled the case today for a reduction to reckless driving (wet) for three years of probation, fine of $865 and three month DUI school. NO JAIL, SWAP OR COMMUNITY SERVICE. DMV hearing pending, but suspension likely due to drinking pattern. Nevertheless a great result in a tough courthouse.
Marin County San Rafael DUI First Offense DUI Refusal JURY TRIAL
Practice Area: San Rafael DUI and DWI
Date: Apr 14, 2010
Outcome: JURY TRIAL "NOT GUILTY" VERDICT
Description: So many times client's come to me after they've already had representation by a prior "DUI Defense Firm." This particular case involved a Southern California client who was charged with DUI in Marin County and the arresting officer claimed that he "refused" a chemical test. Client initially hired a Los Angeles based "DUI DEFENSE FIRM" who told him that they "had a STATE WIDE practice." He was grossly overcharged and the "firm" which handled his arraignment, and then lost his DMV hearing after appearing telephonically and advising the client not to attend. I then substituted in as counsel and took the client's case to a Jury Trial in Marin County. The jury deliberated for two hours before handing down a "not guilty" verdict.
San Francisco DUI .16% BAC First Offense DUI High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Apr 06, 2010
Outcome: ENHANCEMENT STRICKEN, Minimized Sentence
Description:4/6/10: Settled a high BAC case for a client in San Francisco for three years of informal probation, fine of $1682, 3 month DUI school, and two days of SWAP. License suspended for 30 days and restricted for 5 months.
San Francisco DUI .20% BAC First Offense DUI High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Apr 06, 2010
Outcome: Enhancement Stricken, 3 Month DUI School
Description: Settled a high BAC .20% breath test case is Department 13 in San Francisco for excellent result. Client received minimum three years informal probation, fine of $1652, THREE MONTH DUI SCHOOL, and 4 days of SWAP. License suspended for 30 days and restricted for 5 months. DA initially asked for 6 SWAP, an Ignition Interlock Device ("IID"), and a 9 month DUI school. Excellent Result.
San Francisco Second Offense Negligent Operator DMV Hearing
Practice Area: San Francisco DUI and DWI
Date: Mar 17, 2010
Outcome: Suspension Set Aside, Probation Granted
Description: Client had suffered too many points for a DUI and numerous speeding tickets to include a 14601.2 out of Firebaugh in Fresno County. Settled all cases and won first negligent operator hearing in San Francisco. Client picked up another point and won second negligent operator hearing before a new hearing officer.
San Mateo County Redwood City .19% BAC First Offense DUI High BAC Enhancement
Practice Area: Redwood City DUI and DWI
Date: Mar 04, 2010
Outcome: Probation, Fine, THREE MONTH DUI SCHOOL
Description: In Redwood City, client received three years of probation, fine of $1,751, 4 days of SWAP and a 3 month DUI school.
San Mateo County Redwood City DUI .25% BAC First Offense DUI High BAC Enhancement
Practice Area: San Mateo DUI and DWI
Date: Mar 03, 2010
Outcome: THREE MONTH DUI SCHOOL
Description: Client received three years informal probation, fines, 10 days of SWAP and a THREE MONTH DUI SCHOOL. 9 months is the standard in San Mateo for a BAC this high. Accordingly, client avoided a 10 month restriction on his license!
Santa Cruz County Reckless Driving CVC 23103
Practice Area: Santa Cruz Criminal defense
Date: Feb 24, 2010
Outcome: RECKLESS DRIVING DISMISSED. Client pled to citation.
Description: Client was cited for reckless driving for speeding and following too closely on Highway 17 during a period of "black ice" and otherwise dangerous roadway conditions. I negotiated a settlement of the case where the prosecutor dismissed the reckless driving charge and reduced the case to a speeding infraction. Client opted for traffic school and a fine of approximately $450. NO POINTS ADDED TO DMV RECORD!
Marin County DUI .16% BAC First Offense DUI High BAC Enhancement
Practice Area: Novato DUI and DWI
Date: Feb 09, 2010
Outcome: High BAC Allegation Dismissed. No Jail or SWAP
Description: Marin County .16% Blood BAC Case settled for three years informal probation, fine of $1,751, three month DUI school and NO JAIL OR COMMUNITY SERVICE. High BAC special enhancement stricken.
Marin County Reckless Driving CVC 23103 Speed Contest CVC 23109 Collision
Practice Area:
San Rafael Criminal defense
Date: Feb 09, 2010
Outcome: Speed Contest DISMISSED, Probation
Description: Marin Reckless Driving & Speed Contest reduced. Client was observed traveling in excess of 100 mph in a speed contest with another vehicle. Client lost control of car and collided thus totaling his car. Client, an 18 year old military candidate, could not receive jail time or he would be disqualified from service. Successfully negotiated with DA for dismissal of speed contest charge and plea to Vehicle Code section 23103 for one year of probation, $700 fine and five days of community service. Client is looking at likely negligent operator suspension for which I will also represent him "pro bono."
The Marin County Superior Court located at 3501 Civic Center Drive in San Rafael, California.
Santa Clara County San Jose DUI First Offense DUI Refusal Enhancement
Practice Area: San Jose DUI and DWI
Date: Feb 05, 2010
Outcome: Refusal Stricken, 3 Month DUI School
Description: San Jose DUI Refusal Stricken for a single mom who simply couldn't accept the 9 month DUI school requirement. DA initially offered 10 days jail and 9 month program with admission of the refusal allegation. After filing a Motion to Suppress Evidence, the DA offered a highly reduced sentence: three years of probation, 8 days of community service, fine of $1,750 and only a 3 month level one DUI school.
Santa Clara County Palo Alto DUI .14% BAC Third Offense DUI Driving on Suspended License CVC 14601.2
Practice Area: Palo Alto DUI and DWI
Date: Feb 04, 2010
Outcome: Probation, fine, 18 month school, 69 days Jail
Description: Palo Alto third Offense DUI settled today for a plea and admission to two priors. Client's most recent prior came from 2008 in Santa Cruz meaning that she was additionally charged with a Vehicle Code section 14601.2 (driving on a suspended license). BAC was a .14% breath test case. Serious case settled for three years of informal probation, ignition interlock device, fine of $1,760 and only 68 days of jail (minimum on third offense is 120). Santa Clara County is a tough spot to get a third offense. Case settled in Department 89 which has yet to formally replace Judge Monahan.
San Mateo County Redwood City DUI .30% BAC First Offense DUI Collision High BAC Enhancement
Practice Area: San Mateo DUI and DWI
Date: Feb 04, 2010
Outcome: Minimum probation, 4 days SWAP, DUI School
Description: .30% BAC San Mateo Collision Case settled for three years informal probation, four days of SWAP, fine of 1,750, and unfortunately a 9 month DUI School. Case involved client driving a Hummer and crashing into a parked car. Minimum sentence for a possibly crushing case.
Alameda County Oakland DUI .08% BAC First Offense DUI
Practice Area: Oakland DUI and DWI
Date: Feb 04, 2010
Outcome: CASE DISMISSED & DMV "SET ASIDE"
Description:: Oakland DUI Dismissed and DMV Set Aside. Case discharged and DMV case "set aside" due to lack of evidence. Client walked with no punishment.
Alameda County Pleasanton DUI .08% BAC First Offense DUI
Practice Area: Pleasanton DUI and DWI
Date: Feb 02, 2010
Outcome: DUI REDUCED TO RECKLESS DRIVING, DMV SET ASIDE
Description: Pleasanton DUI Case Reduced to reckless driving (wet). All DUI charges dismissed before Judge Hugh Walker III. Client received three years of probation, no jail or SWAP, fine of $865 and 12 hour DUI school. No license suspension at this point.
Sacramento Negligent Operator DUI DMV Hearing
Practice Area: Sacramento DUI and DWI
Date: Feb 01, 2010
Outcome: License Suspension "Set Aside" Probation Granted
Description:: Sacramento DMV Negligent Operator case arose out of .30% BAC DUI collision. Four points in 12 months qualifies you for negligent operator suspension. Represented client at Sacramento DMV and successfully argued for probationary license. Client received THREE MONTH DUI SCHOOL instead of standard 9 month program.
Sacramento DUI .20% BAC First Offense DUI High BAC Enhancement
Practice Area: Sacramento DUI and DWI
Date: Jan 25, 2010
Outcome: High BAC enhancement stricken, 3 Month DUI School
Description: Today I settled a .20% BAC Blood test 1st offense case in Sacramento for: 3 years of probation, 2 days of SWAP; fine of approximately $2,200 and a THREE MONTH DUI SCHOOL.
Sacramento DUI Second Offense DUI Drugs Hydrocodone
Practice Area: Sacramento DUI and DWI
Date: Jan 25, 2010
Outcome: Sacramento Second DUI Reduced to Reckless Driving
Description: Second offense Sacramento County DUI with 2005 prior offense. Case involved a positive chemical test for hydrocodone. Prior stricken and DUI reduced to "wet" reckless. Client received 3 years of probation, fine of $1,000, 12 hour DUI school and 86 hours of community service. NO JAIL AND NO LICENSE SUSPENSION.
Alameda County Oakland .14% BAC First Offense DUI Collision
Practice Area: Oakland DUI and DWI
Date: Jan 22, 2010
Outcome: DUI CHARGES DISMISSED. Case Reduced to Reckless Driving
Description: Client was referred to me from a friend who was aware of my ability to settle tough DUI cases for exceptional results. Client was visiting Oakland from Southern California for a wedding and was involved in a collision with three parked cars just off the Bay Bridge. At the scene, police tested her BAC with a PAS device with a result of .14%. Client later submitted to a blood test which returned a .11%. I retested the blood sample for a retest of .10%. As a result, I was able to negotiate a reduction a reckless driving charge for a fine of $987, two years of informal DUI probation three month DUI school and NO JAIL OR COMMUNITY SERVICE. Overall, an excellent result. I made multiple appearances on behalf of this client who was never required to appear in court. Negotiated a delayed suspension with DMV where client never suffered an actual license suspension and instead was restricted for five months.
San Francisco Driving on Suspended License CVC 14601.2
Practice Area: San Francisco Criminal defense
Date: Jan 21, 2010
Outcome: Case reduced to minimal fine, no DMV points
Description: Today I handled a case involving a driving on suspended license misdemeanor, running a stop sign and failure to have proof of insurance case in San Francisco. At bench trial, The suspended license case was reduced to a failure to have possession of a license (Vehicle Code section 12500), the insurance case dismissed and the moving violation converted to traffic school. This case resulted from the client being previously represented by an attorney who failed to advise him correctly regarding his license suspension following a DUI conviction. This highlights the complexities of DUI cases and the pitfalls of managing two separate license suspension cases. Don't make the same mistake, hire a qualified and competent DUI lawyer, even if it costs more. Going on the cheap can truly cost you a lot more in the long run!
San Joaquin County Manteca DUI .14% BAC Second Offense DUI
Practice Area: Manteca DUI and DWI
Date: Jan 19, 2010
Outcome: Case Settled for "Wet" Reckless
Description: San Joaquin (Manteca) 2nd Offense DUI settled today for reckless driving. .14% PAS tests disregarded in favor of .10% evidentiary sample. Client also pled to driving on suspended license, 14601.2, which was harsh. Three years probation, fine of $1,100, 12 hour DUI school and nine days community service. An excellent first offense result considering that the client had a prior offense which he did not have to admit.
San Mateo County Lewd Conduct Penal Code Section 314.1
Practice Area: San Mateo Criminal defense
Date: Jan 15, 2010
Outcome: CASE REDUCED. Probation & No Deportation
Description: Client charged with Penal Code section 314.1, lewd conduct for allegedly seeking sex in a men's room. Conviction for this offense would have meant a crime of moral turpitude and possible deportation of client. Case reduced to loitering and client received three years of probation, two days of community service and a fine of $180.
San Mateo County DUI .15% BAC Third Offense DUI High BAC Enhancement
Practice Area: Redwood City DUI and DWI
Date: Jan 15, 2010
Outcome: NO ACTUAL JAIL TIME! COMMUNITY SERVICE & ALCOHOL TREATMENT
Description: This was a tough case in which I was able to obtain a REMARKABLE RESULT. Client charged with third DUI in ten years and probation violation from DUI in Contra Costa County. Single mother client who was a victim of domestic abuse presented well and I was able to settle the case for three years of probation, six months in a Residential Alcohol Treatment Center, 18 month DUI school, fine of $2,500 and 28 days of community service. Standard third offense cases in San Mateo County are pled with an "eight month top" meaning that the client pleads guilty and is interviewed for a probation sentencing recommendation. The court only promises that the client will not get MORE THAN eight months in jail. Six to eight months actual jail in San Mateo County is the NORM, so any result short of that is incredible in light of this highly conservative jurisdiction which does not offer many alternatives to jail. Like all third offense cases, this case took many court appearances and significant persuasion of both the judge and prosecutor. In fact, many DUI attorneys won't even accept third offense cases due to the seriousness of the sentence and the personal weight they create on the attorney. Whether I like it or not, I've basically become a third offense DUI specialist as I take on more of these cases than any other DUI attorney. The difference: I actually care about the client and the result, not just the money that it will cost to represent the third offender. These cases are always financial losers, but when you can get a result like this for a client, the money truly doesn't matter.
Contra Costa County Walnut Creek DUI .26% BAC Second Offense DUI Collision High BAC Enhancement
Practice Area: Walnut Creek DUI and DWI
Date: Jan 05, 2010
Outcome: Settled as FIRST OFFENSE w/ 3 MONTH SCHOOL!
Description: Today I settled a second offense DUI with a .26% BAC and a collision in Contra Costa County (Walnut Creek) for a FIRST OFFENSE. Client received 3 years of probation, fine of $1,800, a 3 month DUI school and 31 days of home detention which she can serve when she returns home for summer break from college.
Contra Costa County Walnut Creek DUI .09% BAC First Offense DUI
Practice Area: Walnut Creek DUI and DWI
Date: Jan 05, 2010
Outcome: DUI DISMISSED. CASE REDUCED TO RECKLESS DRIVING
Description: Settled a first offense DUI with low .09% BAC for reckless driving (wet). Client was speeding well over the limit and driving was considered dangerous. Client received reduced sentence of three years of probation, fine of $1,100, 3 month DUI school and NO JAIL, SWAP OR COMMUNITY SERVICE.
San Francisco DUI .19% BAC First Offense DUI High BAC Enhancement
Practice Area:
San Francisco DUI and DWI
Date: Nov 19, 2009
Outcome: High BAC allegation Dismissed, 3 Month DUI School
Description:11/18/09: In a busy day at the Hall, I settled this first time DUI with a breath BAC of .19% for: 3 years informal probation, 3 month DUI school, fines and credit for time served. No jail, SWAP or community service.
San Mateo County DUI .30% BAC First Offense DUI Collision
Practice Area: South San Francisco DUI and DWI
Date: Nov 19, 2009
Outcome: 3 MONTH DUI SCHOOL, 5 SWAP, Probation & Fine
Description: Today I settled a first offense DUI with a .30% blood BAC with a collision with two parked cars in the South San Francisco branch of the San Mateo Superior Court for: 3 years informal probation, 1800 fine, 3 month DUI school and 5 days of community service. An excellent result. One month license suspension with 5 months restricted. The three month program was amazing considering that .20% cases routinely get 9 months of DUI school.
San Mateo County Redwood City DUI .09% BAC First Offense DUI
Practice Area: Redwood City DUI and DWI
Date: Nov 16, 2009
Outcome: DUI Reduced to "Wet" Reckless & DMV Set Aside NO LICENSE SUSPENSION
Description: Settled a first offense DUI with .08 and .09% BAC breath test for reckless driving (wet) in Redwood City/San Mateo County. Client received 2 years of probation, $1200 fine and a 12 HOUR DUI School. Won DMV "set aside" so no license suspension or SR-22 filing requirement.
San Francisco DUI .23% BAC First Offense DUI High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Nov 09, 2009
Outcome: High BAC Enhancement Stricken, 3 MONTH DUI SCHOOL
Description: Today I settled a first offense DUI with a .23% breath test in San Francisco for three years of probation, 8 days of community service and a 3 month DUI school. Typically, clients get a 9 month school in this case, so the result was great.
Contra Costa County Concord Driving on Suspended License CVC 14601.2
Practice Area: Concord Criminal defense
Date: Nov 04, 2009
Outcome: CASE DISMISSED
Description: Today I appeared for a client at the Concord courthouse of the Contra Costa Superior Court. Client charged with driving on a suspended license misdemeanor. This was a former DUI client and he really couldn't take any additional points on his driving record. Case dismissed. Lack of evidence.
Alameda County Oakland DUI .25% BAC 3rd Offense DUI High BAC Enhancement
Practice Area: Oakland DUI and DWI
Date: Oct 30, 2009
Outcome: Probation, 120 days HOME DETENTION, NO JAIL
Description: Oakland is the best place in the Bay Area to get a third offense DUI. Third Offense's are often difficult cases because the client, who has rarely been to jail for any significant time, is looking at a mandatory minimum of 120 days jail, but most counties bump it up to six or eight months. This is ACTUAL CUSTODY. Settled a third offense DUI in Oakland quite efficiently for probation, fines, 18 months DUI school and 118 days of home detention. Client received no actual jail. License was revoked by DMV for three years but client should be eligible for restricted license after completing 12 months of DUI school. This case was really a joke and an example of how varied punishments can be. For example, same case in Pleasanton, which is still Alameda County, would probably result in 160 days actual custody in Santa Rita Jail, which was recently profiled on television as one of the toughest jails in the USA. Oakland is such a breeze, this particular client even got arrested for public intoxication while on home detention and didn't get any additional punishment. Better people have done more time on less serious third offenses' than this client. Gee whiz, the court even let him leave home for work, church, AA meetings, work trips, to go to the gym and even visit his kids. I have a feeling this client may not have learned his lesson and may be back for number four, which would be a felony. License was revoked by DMV for three years but client should be eligible for restricted license after completing 12 months of DUI school.
Alameda County Oakland First Offense DUI Refusal Enhancement
Practice Area: Oakland DUI and DWI
Date: Oct 30, 2009
Outcome: Reduced to "Wet" Reckless, DMV "Set Aside"
Description: After winning the DMV hearing and getting a set aside of client's license suspension, I settled his criminal case today for a wet reckless. The DUI and Refusal allegation were dismissed. This case was heard in the Oakland courthouse of Alameda County. Client's case resulted in 2 years of probation, fine and DUI school. No jail or community service and NO LICENSE SUSPENSION.
San Mateo County DUI .11% BAC First Offense DUI
Practice Area: South San Francisco DUI and DWI
Date: Oct 26, 2009
Outcome: DUI Dismissed, Case Reduced to "Wet" Reckless
Description: Settled a .11, .11% BAC DUI case in the South San Francisco branch of San Mateo for reckless driving. Client received Two years of informal probation; find of $1,301 and had to complete a level one DUI school. Received suspension credit from DMV and client only served one week of actual suspension.
San Francisco DUI .18% BAC First Offense DUI High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Oct 23, 2009
Outcome: Enhancement Stricken & DMV SET ASIDE
Description: .18% SF DUI, DMV SET ASIDE. San Francisco case with high BAC enhancement. DA demanded 9 month DUI school, so I filed a Motion to Suppress Evidence. Case settled at motion for three years of probation, fine of $1,650, THREE MONTH DUI SCHOOL, and one day of SWAP. Received a "set aside" at subsequent DMV Hearing.
Santa Clara County San Jose DUI .14% BAC First Offense DUI Speed Enhancement
Practice Area: San Jose DUI and DWI
Date: Oct 19, 2009
Outcome: Enhancement Dismissed, Probation, Fine, DUI School
Description: Client charged with DUI and separate misdemeanor exhibition of speed charge (Vehicle Code section 23109). Successfully got the exhibition of speed charge dismissed and client pled to DUI on a .14% BAC case for: three years probation, 3 month DUI school, fine of $1,760 and seven days of community service.
San Francisco DUI .22% BAC First Offense DUI Collision High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Oct 15, 2009
Outcome: Special Allegation Stricken, 3 Month DUI School
Description: Settled a first offense DUI in San Francisco this morning. Client had .22% BAC by way of blood test, blacked out and totaled her car by smashing into three parked vehicles. Client received: 3 years informal probation, fine of $1,652, 5 days of community service/SWAP, and a 3 month DUI school.
San Francisco DUI .26% BAC First Offense DUI Collision High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Oct 15, 2009
Outcome: ENHANCEMENT STRICKEN. 3 MONTH SCHOOL
Description: I settled this first offense DUI case for a professional client working for Apple. Case involved high BAC blood test over a .20% and a three car collision. Client suffered minor injuries and was taken to the hospital. Successfully settled the case for excellent result: three years informal court probation, fines and fees, THREE MONTH LEVEL ONE DUI SCHOOL (9 month is the standard), and 5 days community services served through SWAP. Client's car was totaled by collision. License suspended for 30 days and restricted for 5 months. Client ordered to pay restitution for all damages.
San Francisco DUI .20% BAC First Offense DUI High BAC Enhancement
Practice Area:
San Francisco DUI and DWI
Date: Oct 08, 2009
Outcome: Probation, Fines, 3 Month DUI School, No SWAP
Description: Today I settled a .20% BAC first offense DUI in San Francisco for: 5 years probation, fine of $1,683, and 30 AA sessions. Client not required to personally appear in court and does not have to complete a DUI school or do any jail time, SWAP time or community service.
Alameda County Hayward DUI .30% BAC First Offense DUI Child Endangerment High BAC Enhancement
Practice Area: Hayward DUI and DWI
Date: Oct 07, 2009
Outcome: Probation, 9 month DUI School, No SWAP
Description: Today I settled a .30% DUI in the Hayward branch of the Alameda County Superior Court for: 3 years probation, no jail/SWAP/community service, fine of $1,803 and 9 month first offender program (not mandatory as client was out of state defendant and Alameda County doesn't track compliance). Excellent result in light of fact that client had two children in the car with her and we avoided any enhancements or child endangerment charges.
Contra Costa County Walnut Creek DUI .20% BAC First Offense DUI High BAC Enhancement
Practice Area: Walnut Creek DUI and DWI
Date: Oct 07, 2009
Outcome: Probation, Fines, 3 MONTH DUI school, 9 SWAP
Description: Today I settled a .20% BAC first offense DUI in the Walnut Creek branch of the Contra Costa Superior Court for: 3 years probation, 9 days of community service, fine of $1,788 and a three month DUI school.
San Francisco DMV Negligent Operator Case
Practice Area: San Francisco DUI and DWI
Date: Oct 07, 2009
Outcome: Six Month License Suspension "Set Aside"
Description: Client faced six month license suspension due to negligent operator (six points in 12 months). I appeared with client before hearing officer Medina at the San Francisco DMV and secured a probationary license for her. The six month suspension was set aside.
San Francisco DUI .10% BAC First Offense DUI
Practice Area: San Francisco DUI and DWI
Date: Oct 05, 2009
Outcome: DUI DISMISSED & DMV SUSPENSION SET ASIDE
Description: Client stopped for excessive speed in San Francisco and subsequently allegedly blew a .10% breath test. Client's criminal case for a reduction to a "wet" reckless driving for: three years informal probation, fine of $986, and a 3 month DUI school. The r The reduction of client's criminal case was essential to saving his drivers license. After the criminal case, I represented client at his DMV hearing in San Francisco. Retaining the expert services of Ken Mark, I obtained a "set aside" of client's license suspension resulting in ZERO days of actual license suspension.
San Mateo County Redwood City .12% BAC First Offense DUI
Practice Area: Redwood City DUI and DWI
Date: Oct 05, 2009
Outcome: Probation, Fine, 3 Month DUI School & 1 Day SWAP
Description: First offense .12% breath test DUI settled today in Redwood City for minimum sentence. Client received three years of probation, fine of $1,750, three month DUI school and one day of SWAP. License suspended for thirty days and restricted for five months.
Alameda County Oakland DUI .09% First Offense DUI
Practice Area: Oakland DUI and DWI
Date: Oct 02, 2009
Outcome: DUI Dismissed & Reduced to Reckless Driving
Description:10/2/09: Today I settled a day after DUI (client still over the limit the morning after) with a BAC .09% for a reckless driving in the Oakland Courthouse of Alameda County. Client received: 2 years probation, Fine of $982, and a 3 month DUI school. No jail or community service. DMV Hearing pending.
Alameda County Pleasanton DUI .09% BAC First Offense DUI
Practice Area: Pleasanton DUI and DWI
Date: Sep 28, 2009
Outcome: DUI Reduced to Reckless Driving, DMV SET ASIDE
Description: Alameda County, Pleasanton Courthouse .09%, .08% DUI Case. Criminal Case reduced to reckless driving for 2 years of probation, $865 fine and a 12 hour DUI school. Presented expert witness Halle Weingarten at DMV APS hearing and won "set aside" of license suspension. Client not required to submit SR-22 or complete any community service.
Santa Clara County Palo Alto DUI .15% BAC First Offense DUI High BAC Enhancement
Practice Area: Palo Alto DUI and DWI
Date: Sep 28, 2009
Outcome: Special Allegation Stricken/ NO SWAP
Description: Settled a high BAC (.15%) DUI in Palo Alto for first offense resolution. High BAC enhancement stricken. Out of state client (New York) never had to appear in court entire case managed on his behalf. Three years probation, fine of $1,725, 40 hours of community service in NY state and three month DUI school done via correspondence out of Walnut Creek.
Alameda County Pleasanton .12% BAC First Offense DUI
Practice Area: Pleasanton DUI and DWI
Date: Sep 24, 2009
Outcome: DUI CHARGES DISMISSED. Case Reduced to Reckless Driving
Description: Settled a .12% BAC blood test case in Pleasanton, which is the toughest courthouse in Alameda County. Challenged client's stop at a DUI checkpoint and used motion to leverage district attorney into favorable settlement. DUI charges were dismissed and client pled to reduced charge of reckless driving ("wet"). Client received reduced sentence of two years of probation, fine of $865, three days of SWAP and a three month DUI school. License suspended for thirty days and restricted for five months by the DMV.
Marin County DUI .16% BAC First Offense DUI High BAC Enhancement
Practice Area: San Rafael DUI and DWI
Date: Sep 18, 2009
Outcome: Excessive BAC Allegation Stricken
Description: Marin County Case settled in San Rafael for three years probation, 3 month DUI school and fine of $1648. No Jail, community service or AOWP.
Santa Cruz DUI .19% BAC First Offense DUI Collision High BAC Enhancement
Practice Area: Santa Cruz DUI and DWI
Date: Sep 17, 2009
Outcome: Probation, 3 MONTH DUI SCHOOL, 2 days SWAP
Description: Case involved a rear end collision with parked vehicle. I settled this difficult first offense case for minimal sentence: five years probation, fines of $2,100, THREE MONTH SCHOOL, and only two days of SWAP. License suspended for thirty days and restricted for five months.
San Mateo County Redwood City DUI .13% BAC First Offense DUI
Practice Area: Redwood City DUI and DWI
Date: Sep 15, 2009
Outcome: Case Minimized Post Appeal of 1538.5 Denial
Description: 12% breath test case with .12% PAS settled today in Redwood City, San Mateo County. Case involved allegation of illegal U-turn in a business district. Client actually took left turn into angled parking stall, reversed and turned around. I filed and argued a Motion to Suppress Evidence which was denied. Subsequently appealed that decision which was regrettably affirmed. Client received minimal sentence for a CVC 23152(b) conviction and I entered the plea on his behalf so he didn't have to miss any work. Three years probation, 3 month DUI school, $1,700 in fines and two days of weekend work through the SWAP program. Kept DMV case alive while handling the file for more than six months and made an agreement with the hearing officer so that client would not have to serve the typically mandatory 30 day "hard" suspension.
Santa Clara County San Jose DUI First Offense DUI Refusal Enhancement
Practice Area: San Jose DUI and DWI
Date: Sep 11, 2009
Outcome: Case Reduced, Refusal Allegation Stricken
Description: Today I settled a first offense DUI case with a refusal allegation in Santa Clara County. My client, an out of state resident, had erroneously refused a chemical test during a DUI investigation outside of Gilroy while visiting on vacation. After several appearances and much negotiation, I was able to settle the case today for a plea to a DUI with the special allegation dismissed. Client received: credit for time served and no additional jail time or Sheriff's Work Program.; three years informal probation and a fine of $1,750. She will not be required to complete a DUI school as a condition of her probation. Basically, it's a DUI conviction with a fine and the client never had to appear in court. I think, a great result.
San Francisco DUI .16% BAC First Offense DUI High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Sep 03, 2009
Outcome: ENHANCEMENT STRICKEN, NO JAIL OR SWAP
Description: In Department 14, I finally settled a high BAC (.16% breath test), for an out of state defendant (Florida). Client was never required to appear in court or return to California for case. High BAC enhancement stricken and client received minimum sentence of three years of probation, fine of $1,600, and Florida DUI school. NO JAIL, SWAP OR COMMUNITY SERVICE. Client's ability to drive in California suspended for six months.
Contra Costa County Walnut Creek DUI .21% BAC First Offense DUI High BAC Enhancement
Practice Area: Walnut Creek DUI and DWI
Date: Sep 01, 2009
Outcome: ENHANCEMENT STRICKEN, THREE MONTH DUI SCHOOL
Description: Today I settled a high BAC (.21% breath test) case in Walnut Creek for a minimum sentence. High BAC enhancement was stricken and client received three years of probation, fine of $1,788, ten days of SWAP, and a THREE MONTH DUI SCHOOL. A NINE MONTH school is standard in this type of case. License suspended for thirty days and restricted for five months. If nine month DUI school was ordered, restriction would have lasted for ten months.
Contra Costa County Walnut Creek .11% BAC First Offense DUI
Practice Area: Walnut Creek DUI and DWI
Date: Aug 19, 2009
Outcome: DUI CHARGES DISMISSED. Case Reduced to Reckless Driving
Description: Today I settled a .11% BAC breath test first offense DUI in Walnut Creek for a reduction to reckless driving ("wet"). The DUI charges were dismissed. Client received reduced sentence of two years of court probation, fine of $1,148 and three month DUI school. NO SWAP, JAIL OR COMMUNITY SERVICE. License suspended for thirty days and restricted for five months by the DMV.
San Francisco DUI .21% BAC First Offense DUI High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Jul 28, 2009
Outcome: Enhancement Stricken, 3 MONTH DUI SCHOOL
Description: Settled a .21% BAC DUI in San Francisco today for five years of informal probation, fine of $1,672, 4 days of community service and a 3 month First Offender Program. Generally, individuals get a 9 MONTH SCHOOL if over .20%, so this was an excellent result.
San Mateo County Redwood City DUI .12% BAC First Offense DUI
Practice Area: Redwood City DUI and DWI
Date: Jul 24, 2009
Outcome: DUI DISMISSED. Case Reduced to Reckless Driving
Description: Today I got a .12% breath test DUI in Redwood City in San Mateo County reduced to a reckless driving charge at a Motion to Suppress Evidence hearing. Client received 2 years of informal probation, fine of $960, 3 month DUI school and NO JAIL OR COMMUNITY SERVICE.
San Mateo County Redwood City DUI .09% BAC First Offense DUI
Practice Area: Redwood City DUI and DWI
Date: Jul 09, 2009
Outcome: DUI DISMISSED, CASE REDUCED, WON DMV HEARING
Description: In Redwood City, I settled a .09% first offense DUI for a reduced charge of reckless driving ("wet") pursuant to Vehicle Code section 23213.5. DUI charges were dismissed and client received reduced sentence of two years of informal probation, fine of $1,221, 12 hour DUI school. NO JAIL, SWAP OR COMMUNITY SERVICE. I later litigated the DMV case in San Francisco before Hearing Officer Emershaw. Presenting expert testimony from Halle Weingarten, we won the hearing and received a "set aside" of the DMV suspension. No suspension, no SR-22 and an excellent result.
Alameda County Hayward DUI .15% BAC First Offense DUI Collision High BAC Enhancement
Practice Area: Hayward DUI and DWI
Date: Jul 08, 2009
Outcome: SPECIAL ALLEGATION STRICKEN, NO SWAP OR JAIL
Description: Settled a first offense DUI collision case with a high BAC (.15%) enhancement in Hayward. Handled case on "Pro Bono" basis. Special allegation stricken and client received three years of informal probation, six month DUI school, fine of $1,810, and was ordered to provide restitution to the victims. NO JAIL, SWAP OR COMMUNITY SERVICE. License suspended for thirty days and restricted for seven months.
Marin County DUI .28% BAC Third Offense Felony DUI Hit and Run Collision High BAC Enhancement
Practice Area: San Rafael DUI and DWI
Date: Jul 07, 2009
Outcome: SIX MONTHS COUNTY JAIL & Residential Treatment
Description: Settled a felony DUI case today in San Rafael. Case involved a DUI collision and hit and run. Client had remarkable .28% BAC breath test results and fled the scene of a significant accident with two DUI priors. Settled the case for six months county jail and six months of residential treatment. Standard fines, fees and restitution and18 month DUI school. License revoked for three years. Excellent result as client was looking at significant jail sentence and with good time credits only served approximately four months in county jail vs. state prison.
Contra Costa County Walnut Creek DUI .14% BAC First Offense DUI
Practice Area: Walnut Creek DUI and DWI
Date: Jul 07, 2009
Outcome: Probation, Fine, 3 Month DUI School & 2 Days SWAP
Description: On a busy multi-county day, I settled this first offense .14% BAC blood test case in Walnut Creek for the minimum punishment. Client received three years of probation, fine of $1,798, three month DUI school and two days of SWAP. License suspended for thirty days and restricted for five months.
Contra Costa County Walnut Creek DUI .18% BAC First Offense DUI Collision High BAC Enhancement
Practice Area: Walnut Creek DUI and DWI
Date: Jun 23, 2009
Outcome: CRIMINAL CASE DISMISSED
Description: DUI with collision into center median dismissed. Filed Motion to Suppress Evidence and did not waive time. District Attorney failed to produce officer and court denied DA motion to continue. DMV result pending.
Contra Costa County Walnut Creek DUI .11% BAC First Offense DUI
Practice Area: Walnut Creek DUI and DWI
Date: Jun 23, 2009
Outcome: DUI CHARGES DISMISSED. Case Reduced to Reckless Driving
Description: Today I settled a .11% breath test BAC first offense DUI case in Walnut Creek for a reduction to reckless driving "wet". DUI charges were dismissed. Client received reduced sentence of two years of probation, fine of $1,138 and three month DUI school. NO JAIL, SWAP OR COMMUNITY SERVICE. Client failed to request DMV hearing within 10 day window after arrest. Consequently, license was suspended for thirty days and restricted for five months.
Marin County DUI .13% BAC First Offense DUI
Practice Area: San Rafael DUI and DWI
Date: Jun 18, 2009
Outcome: Probation, Fine & School. NO SWAP.
Description: First offense DUI for client who was enlisted in the U.S. military. I settled this case for the county minimum, three years probation, fine of $1768, 3 month DUI school. NO JAIL OR SWAP. License suspended 30 days and restricted for five months.
Marin County DUI .10% BAC First Offense DUI
Practice Area: San Rafael DUI and DWI
Date: Jun 08, 2009
Outcome: Probation Granted, No Actual Jail & NO SWAP
Description: Busy day in San Rafael where I settled two cases, this one a first offense DUI for a registered nurse ("RN") who blew a pair of .10% breath test cases. Client convicted of DUI and received minimum sentence of three years of probation, fine of $1,444, three month DUI school and NO JAIL, SWAP OR COMMUNITY SERVICE. License suspended for thirty days and restricted for five months by DMV.
Marin County DUI .10% BAC First Offense DUI
Practice Area: San Rafael DUI and DWI
Date: Jun 05, 2009
Outcome: Probation Granted, No Actual Jail & NO SWAP
Description:: Settled a first offense DUI in San Rafael. Client had .10% BAC breath test case and was stopped for an unsafe lane change that almost collided with a CHP vehicle. Client received minimum sentence of three years probation, fine of $1,444, three month DUI school and NO SWAP, JAIL OR COMMUNITY SERVICE. License suspended by DMV for thirty days and restricted for five months.
San Francisco DUI .17% BAC First Offense DUI High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Jun 03, 2009
Outcome: SPECIAL ALLEGATION STRICKEN, 3 MONTH DUI SCHOOL
Description: Today I settled high BAC first offense DUI case in Department 13 at the San Francisco Hall of Justice at 850 Bryant Street. Client was driving home from work in North Beach when she was stopped by the US Park Police for illegally backing up on a highway and driving into a closed buffer lane. Client subsequently provided two .17% breath samples and was charged with DUI and the high BAC special enhancement. Case settled for dismissal of special enhancement, three years of informal probation, four days of SWAP, fine of $1,750 and a THREE MONTH DUI SCHOOL, which is significant because the ill informed DA actually wanted a six or nine month program. License suspended for thirty days and restricted by DMV for five months.
Alameda County Pleasanton .09% BAC First Offense DUI
Practice Area: Pleasanton DUI and DWI
Date: May 27, 2009
Outcome: DUI DISMISSED, CASE REDUCED, WON DMV HEARING
Description:: Settled a first offense DUI in Pleasanton, which is a notoriously harsh branch of Alameda County, for a reduced charge of reckless driving pursuant to Vehicle Code section 23103.5, ("wet" reckless). Client received reduced sentence of three years of informal court probation, fine of $865 and 12 hour DUI school. Won DMV hearing on GERD defense (acid reflux). The "GERD" defense was pioneered by the work of DUI lawyer Donald Drewery whose work in the field in Alameda County is legendary.
Contra Costa County Walnut Creek .12% BAC First Offense DUI
Practice Area: Walnut Creek DUI and DWI
Date: May 26, 2009
Outcome: DUI DISMISSED, CASE REDUCED AND NO LICENSE SUSPENSION
Description: Settled a first offense .12% BAC breath test DUI case in Walnut Creek for reduction to reckless driving ("wet"). DUI charges were dismissed and client received three years of probation, one day of SWAP, three month DUI school and fine of $1,778. Client suffered NO ACTUAL LICENSE SUSPENSION. License only restricted for five months.
Marin County DUI .12% BAC Second Offense DUI Probation Violation
Practice Area: San Rafael DUI and DWI
Date: May 14, 2009
Outcome: Case Minimized for Probation, Fine, Jail, and DUI School.
Description: Today I settled a tough case which involved low BAC (.12% breath), but the client was presently on probation for a prior DUI which she suffered less than a year prior to this new case. Client received minimal punishment, three years of probation, fine of $2,256, 18 month DUI school and 10 days of SWAP. Client was required to spend four actual days in custody on the weekends. Case handled on partial pro bono basis, so fine was converted to community service. License suspended for one year and restricted for one year by DMV.
San Francisco DUI .13% BAC First Offense DUI
Practice Area: San Francisco DUI and DWI
Date: May 04, 2009
Outcome: DUI CHARGES DISMISSED. Case Reduced to Reckless Driving
Description: In Department 17, I settled a first offense .13% BAC breath test case for reduced charge of reckless driving pursuant to Vehicle code section 23103.5 ("wet reckless"). Client received reduced sentence of three years of informal probation, fine of $1,016 and three month DUI school. NO JAIL, SWAP OR COMMUNITY SERVICE. License suspended for thirty days and restricted for five months.
Alameda County Oakland DUI .12% BAC Third Offense DUI
Practice Area: Oakland DUI and DWI
Date: Apr 30, 2009
Outcome: DUI DISMISSED, CASE REDUCED, WON DMV HEARING
Description: In Oakland, I settled what should have been a third offense DUI for a reckless driving ("wet") as a first offense. Client received reduced sentence of two years of probation, fine of $866, and 12 hour DUI school. Won DMV hearing and obtained "set aside" of license suspension.
San Francisco DUI .10% BAC First Offense DUI
Practice Area: San Francisco DUI and DWI
Date: Apr 22, 2009
Outcome: Reduced to "Wet" Reckless & DMV Set Aside
Description: Client had two .10% BAC breath tests. Criminal case reduced to reckless driving: 3 years probation/ 3 month First Offender Program/ $986 fine. No jail and no community service. Retained expert Ken Mark for DMV hearing which was won and client received a set aside. No license suspension and no SR-22 requirement.
San Francisco DUI .35% BAC First Offense DUI Collision High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Mar 29, 2009
Outcome: 3 MONTH DUI SCHOOL, NO SWAP OR JAIL
Description: Serious first offense DUI case with collision and property damage in SF. Client blew a .35% and .34% BAC. Client decided to go to treatment on his own prior to the proceedings. That said, I obtained a written court order from Judge Breall ordering him to remain in his already voluntary treatment. Case resolved for treatment, 3 years of informal probation, reduced fine of $761 and a level one THREE MONTH DUI SCHOOL.
San Francisco DUI .21% BAC First Offense DUI Collision High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Mar 26, 2009
Outcome: Case Minimized, THREE MONTH DUI SCHOOL
Description: Today I settled a .21% BAC SF DUI w/ three car collision for: three years probation/ Fine of $1,621/ Three month First Offender Program (level one), and 8 days of community service. 30 day actual license suspension at DMV followed by 5 month restriction. 10/6/09: Client later picked up two more moving violations and was suspended as a "negligent operator." I requested a hearing and obtained her a probationary license with no actual suspension.
San Francisco DUI .26% First Offense DUI Collision High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Mar 26, 2009
Outcome: ENHANCEMENT STRICKEN, THREE MONTH DUI SCHOOL
Description: Today I settled a first offense DUI with a high blood alcohol test, .26% breath, for minimum DUI terms in San Francisco. Client received minimum three years of court probation, fines of approximately $1,750, THREE MONTH DUI SCHOOL, and eight days of community service in lieu of jail. Client ordered to make restitution for car she collided with.
San Francisco DUI .12% BAC First Offense DUI Collision
Practice Area: San Francisco DUI and DWI
Date: Jan 27, 2009
Outcome: Minimum Sentence; NO JAIL OR SWAP
Description: I settled a first offense DUI case with property damage collision for base minimum sentence. Client received three years of probation, fine of $1700, three month DUI school and NO JAIL OR SWAP. License suspended for thirty days and restricted for five months. NO ADDITIONAL SWAP OR JAIL
Alameda County Oakland DUI .09% BAC First Offense DUI Under 21 Zero Tolerance
Practice Area: Oakland DUI and DWI
Date: Nov 21, 2008
Outcome: CASE DISMISSED & DMV SET ASIDE, NO LICENSE SUSPENSION
Description: Today I received a remarkable result for a U.C. Berkeley student who was arrested for DUI. Client blew four breath tests all registering .09% BAC, which was problematic considering he was only 20 at the time and this was a "zero tolerance" case (i.e. .01% is the standard for guilt). I filed a Motion to Suppress Evidence in Oakland and the District Attorney failed to meet her burden of proof and the criminal case was dismissed. I appeared at the DMV and won the hearing obtaining a "set aside" of what would have been a ONE YEAR suspension. All in all, client received NO PUNISHMENT other than the fee! Again, another "home run" in DUI defense.
San Mateo County Redwood City DUI .30% BAC First Offense DUI Collision High BAC Enhancement
Practice Area: Redwood City DUI and DWI
Date: Oct 08, 2008
Outcome: Case Minimized. Probation, fine, NO JAIL
Description: I represented this individual through all phases of his case, i.e. arraignment, DMV, and Pre-Trial Conference. Case involved a very high BAC, .30% and client crashed causing minor injuries. I settled the case in Redwood City for a minimum DUI sentence of: three years informal probation, fine of $1,601, 9 days of SWAP, and regrettably a 9 month DUI school. License actually suspended for thirty days and restricted for 10 months due to the long DUI program.
San Mateo County DUI .14% BAC Second Offense DUI
Practice Area: South San Francisco DUI and DWI
Date: Oct 06, 2008
Outcome: Probation, 28 days SWAP, 18 month DUI school
Description: Client charged with second offense DUI in South San Francisco. Ultimately settled this case for three years of probation, 28 days of SWAP, 18 month DUI school and six month Ignition Interlock Device requirement. Client sentenced to no actual jail. License suspended for one year and restricted for one year.
Alameda County Oakland DUI .13% BAC First Offense DUI
Practice Area: Oakland DUI and DWI
Date: Aug 26, 2008
Outcome: CRIMINAL CASE DISMISSED
Description: Alameda County, Oakland, first offense DUI with .13% BAC dismissed after successful Motion to Suppress Evidence.
San Mateo County Redwood City DUI .11% BAC First Offense DUI
Practice Area: Redwood City DUI and DWI
Date: Aug 12, 2008
Outcome: DUI DISMISSED. CASE REDUCED TO RECKLESS DRIVING
Description: Today I settled a .11% breath test case in Redwood City at pre-trial conference for a reduced sentence of alcohol related reckless driving or "wet" reckless. Client's punishment reduced substantially to two years of probation, fine of approximately $1,100, NO JAIL OR SWAP. Client's license suspended for thirty days and restricted for five months due to DMV hearing loss. Three month DUI school required for reinstatement.
Santa Clara County San Jose .18% BAC First Offense DUI High BAC Enhancement
Practice Area: San Jose DUI and DWI
Date: Aug 11, 2008
Outcome: Enhancement Stricken, No Jail or SWAP.
Description: Difficult case in that client resided in Texas and needed a resolution that would not require a return to California. Settled this case case enhancement stricken and sentenced by Judge Koh to three years of informal probation, fines and fees, DUI school stayed only unless client moved to California, and 40 hours of community service in lieu of jail or SWAP. Case took numerous appearances and a lot of work, but finally got the result the client needed in the end. California license suspended for six months pursuant to conviction.
San Francisco DUI attorney Nors Davidson was twice awarded a Rising Star by Super Lawyers.
Santa Clara County San Jose DUI First Offense DUI Refusal Enhancement
Practice Area: San Jose DUI and DWI
Date: Aug 07, 2008
Outcome: Refusal Stricken, Three Month DUI School
Description: Criminal case resolved before Judge Arroyo in Department 47 for minimal sentence of three years probation, fine and fees, and notably a 3 MONTH DUI SCHOOL. It required significant negotiation to get the DA down to the three month school. 9 days of SWAP in lieu of jail. Regrettably, DMV hearing was lost and license suspended for one year.
Santa Clara County San Jose DUI .20% BAC First Offense DUI Collision High BAC
Enhancement
Practice Area: San Jose DUI and DWI
Date: Jul 08, 2008
Outcome: Case Minimized, THREE MONTH DUI SCHOOL
Description: Client, a car dealership owner, was arrested for DUI following a rear end collision resulting in charges being filed in San Jose. I personally settled client's case for him in front of Judge Allegro for a minimal punishment: three years of informal probation, fines and fees, 8 days of SWAP and only a THREE MONTH DUI SCHOOL...Almost all .20% BAC cases result in 6 to 9 month DUI schools and can restrict driver's licenses' for extended periods of time. Overall an excellent result based on the high BAC and collision factors.
Alameda County Fremont DUI .09% BAC First Offense DUI
Practice Area: Fremont DUI and DWI
Date:Jun 17, 2008
Outcome: DUI CHARGES DISMISSED. CASE REDUCED TO "DRY" RECKLESS
Description: Today I settled a first offense DUI where my client submitted to two breath tests of .09% with a preliminary breath test of .10% BAC. Client rejected pre-trial "wet" reckless offer and we set the case for jury trial. I pushed the DA hard for full discovery compliance and he eventually caved on the day of trial for a "dry" reckless offer which my client accepted. Client received short, 18 month, probation and fine of approximately $500. NO DUI SCHOOL ORDERED, NO SWAP AND NO JAIL. Unfortunately, Client's DMV hearing was handled by another attorney who lost which resulted in a one month suspension and five month restriction of client's license.
San Mateo County Redwood City DUI .15% BAC First Offense DUI High BAC Enhancement
Practice Area: San Mateo DUI and DWI
Date: May 19, 2008
Outcome: Enhancement Stricken, Minimized Sentence
Description: Client stopped for making and unsafe right turn in San Mateo County and subsequently arrested for DUI. I personally handled all phases of this case and settled prior to trial. High BAC enhancement stricken and client received three years of probation, fines and fees, 3 month DUI school and two days of SWAP in lieu of jail. Client suffered license suspension for 30 actual days and restricted for five months. DMV case perfectly coordinated with Criminal conviction resulting in concurrent license suspensions.
Alameda County Pleasanton DUI .14% BAC First Offense DUI
Practice Area: Pleasanton DUI and DWI
Date: May 13, 2008
Outcome: Case Minimized for NO JAIL, ONE SWAP
Description: In the notoriously tough Pleasanton, California, I settled this first offense driving under the influence case. Client stopped at DUI CHECKPOINT and DA's initial offer was for 4 days of SWAP. I responded by filing a Motion to Suppress Evidence which, on the day of hearing, leveraged the DA to settle the case for a reduced punishment: three years of probation, fines and fees, 3 month DUI school and only ONE DAY of SWAP. License suspended for 30 days and restricted for five months.
Alameda County Oakland DUI .17% BAC Third Offense DUI High BAC Enhancement
Practice Area: Oakland DUI and DWI
Date: May 07, 2008
Outcome: NO ACTUAL JAIL. 118 day Home Detention Sentence
Description: I managed this third offense DUI case for full year in Oakland. Settled this high BAC, .17% 3rd offense for 120 days of home detention, 18 month DUI school. Fines of $1,760. License revoked for three years with possibility of restricted license in 12 months.
San Francisco Driving on Suspended License Vehicle Code Section 14601.2
Practice Area: San Francisco Criminal defense
Date: Apr 09, 2008
Outcome: CASE DISMISSED
Description: Represented client "pro bono" for driving on a suspended license with a prior offense in San Francisco. Client, a Hispanic immigrant with immigration issues, needed a dismissal. Took case all the way to bench trial where case was ultimately dismissed for lack of evidence.
San Francisco DUI .09% BAC First Offense DUI
Practice Area: San Francisco DUI and DWI
Date: Apr 08, 2008
Outcome: DUI DISMISSED & REDUCED. DMV HEARING WON
Description:. I reanalyzed the client's blood sample getting a ..07 % retest allowing me to settle the criminal case for the reduced charge of alcohol related reckless driving. Client received three years of probation, reduced fines and fees, and 3 month DUI school. NO JAIL, SWAP OR COMMUNITY SERVICE. I represented client at DMV hearing and presented expert witness testimony in front of Hearing Officer Padmini Emershaw. Department of Motor Vehicles issued "set aside" of suspension resulting in NO LICENSE SUSPENSION AND NO FILING OF SR-22. Overall, an excellent Pre-Trial result.
San Mateo County DUI .18% BAC First Offense DUI High BAC Enhancement
Practice Area: South San Francisco DUI and DWI
Date: Mar 24, 2008
Outcome: Case Minimized for Probation, fines, school & SWAP
Description: Settled a high BAC first offense DUI in South San Francisco today for three years of probation, fines of $1621, 3 month DUI school and 3 days of SWAP. License suspended for 30 days and restricted for 5 months.
Alameda County Pleasanton DUI .13% BAC First Offense DUI
Practice Area: Pleasanton DUI and DWI
Date: Mar 13, 2008
Outcome: Case Minimized, DMV Suspension Coordinated
Description:, I handled all aspects of client's Pleasanton DUI Case. Settled case for minimum sentence of three years of probation, fines and fees, 3 month DUI school and 2 days SWAP. Client, an elderly woman, was given "light duty" community service. DMV case properly coordinated with criminal case suspension resulting in 30 day actual suspension with five months of restriction.
San Mateo County Redwood City DUI .09% BAC First Offense DUI
Practice Area: Redwood City DUI and DWI
Date: Mar 05, 2008
Outcome: DUI DISMISSED, CASE REDUCED TO WET RECKLESS
Description:: Settled a first offense DUI for reduced plea to wet reckless for two years of probation, fine of $1269, and 3 month DUI school. NO JAIL OR SWAP. License suspended for 30 days and restricted for 5 months.
San Mateo County DUI .09% BAC First Offense DUI Vehicle Code Section 14601.2 No License
Practice Area: South San Francisco DUI and DWI
Date: Mar 05, 2008
Outcome: DUI DISMISSED. CASE REDUCED TO RECKLESS DRIVING
Description: Today I settled a first offense DUI in South San Francisco before Judge Livermore in San Mateo County. This .09% BAC case involved high rate of speed and driving without a license. Case settled for dismissal of DUI and license case. Client accepted reduced offer of Reckless Driving ("Wet") for two years of probation, fine of $1,300, three month DUI school, and NO JAIL OR SWAP. License suspended for 30 days and restricted for five months.
San Francisco DUI .16% BAC First Offense DUI High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Feb 28, 2008
Outcome: Special Enhancement Stricken, Case Minimized
Description: I managed this difficult first offense case with a special allegation for excessive BAC. I successfully settled this case for a minimum sentence of three years of informal probation, a three month DUI school, fines and fees and NO JAIL OR SWAP. NO community service. License suspended for thirty days and restricted for five months.
San Mateo County DUI .09% BAC First Offense DUI
Practice Area: South San Francisco DUI and DWI
Date: Feb 20, 2008
Outcome: DUI DISMISSED. CASE REDUCED
Description: I settled this first offense DUI case in South San Francisco for a reduction. The DUI was dismissed and client pled to an alcohol related "reckless driving" for reduced sentence of two years of probation, reduced fine and 3 month DUI school. NO JAIL, SWAP, OR COMMUNITY SERVICE. Client failed to retain office prior to ten day DMV window and thus lost his license for 30 days and restricted for five months. Had he requested a hearing, there was a strong chance his license could have been saved and his DUI school shortened.
Alameda County Oakland DUI .26% BAC First Offense DUI High BAC Enhancement
Practice Area: Oakland DUI and DWI
Date: Dec 27, 2007
Outcome: Case Minimized, 3 Month DUI School
Description: Negotiated a three year probation, increased fine of $3,500, 3 month DUI school case and two days SWAP for client in Oakland. Enhancement Stricken! License suspended for 30 days and restricted for 5 months. Three month DUI schools for BAC greater than .20% are an amazing result and saved the client six months of extra DUI school since nine month DUI schools are standard for these cases.
San Mateo County Redwood City DUI .18% BAC First Offense DUI High BAC Enhancement
Practice Area: Redwood City DUI and DWI
Date: Dec 19, 2007
Outcome: Enhancement Stricken and Case Minimized
.Description: Settled a high BAC case, .18% BAC case in Redwood City for a minimal sentence of three years of probation, fines, 3 MONTH DUI SCHOOL and 2 days of SWAP. License suspended for 30 days and restricted for five months.
San Mateo County Redwood City DUI .15% BAC First Offense DUI High BAC Enhancement
Practice Area: Redwood City DUI and DWI
Date: Dec 19, 2007
Outcome: Enhancement Stricken & Case Minimized
Description: Today, I settled this otherwise difficult high BAC case for minimum DUI terms. Client received three years of informal court probation, fines and fees, three month DUI school and two days of SWAP. Client failed to retain counsel and contact DMV within the 10 day window and thus her license was suspended automatically by the DMV for thirty days with five months of restriction.
San Francisco DUI .18% BAC First Offense DUI High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Dec 11, 2007
Outcome: ENHANCEMENT STRICKEN, Minimum Terms
Description: Settled a high BAC .18% breath test case in San Francisco after some serious negotiations. DA was holding strong on a six month DUI school and wanted 10 days of SWAP. Case finally resolved for 3 years of probation, fines of about $1750, 3 month DUI school and only 1 day of SWAP. High BAC enhancement stricken. License suspended for 30 days and restricted for 5 months.
San Francisco DUI .20% BAC First Offense DUI High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Nov 28, 2007
Outcome: Enhancement Stricken, 3 Month School & No SWAP
Description: Got an amazing result for a client with .20% BAC first offense DUI in San Francisco. Three years informal probation, 3 MONTH DUI SCHOOL & NO JAIL OR SWAP. Standard fine of approximately $1,750. License suspended for 30 days and restricted for 5 months.
San Francisco DUI .13% BAC First Offense DUI
Practice Area: San Francisco DUI and DWI
Date: Nov 28, 2007
Outcome: Settled for Minimum Terms, NO SWAP
Description: Today I settled a .13% breath test case in San Francisco for minimum sentence. Client received three years of probation, fine of $1,500, 3 month DUI school and NO JAIL OR SWAP. License suspended for 30 days and restricted for five months.
Los Angeles County Pasadena DUI .09% BAC First Offense DUI
Practice Area: Pasadena DUI and DWI
Date: Nov 26, 2007
Outcome: DUI Charges Dismissed and Case Reduced to Reckless Driving
Description: Client stopped in Pasadena for excessive speed. Case reduced for minimum sentence of 2 years of probation, 3 month DUI school and fine of $900. 30 day license suspension with 5 month restriction.
Alameda County Oakland DUI Second Offense DUI Refusal Enhancement
Practice Area: Oakland DUI and DWI
Date: Nov 21, 2007
Outcome: Prior Stricken, Case Reduced to "Wet Reckless"
Description: Awesome result in Oakland for an air force captain who couldn't suffer a second DUI conviction in ten years. Alleged refusal was taken to trial and DA caved offering to strike prior and reduce case to reckless driving. Client received 3 years of probation, fine of $836. NO JAIL OR SWAP License suspended for one year by DMV. Client required to complete 18 month DUI program for license reinstatement.
San Mateo County DUI .11% BAC First Offense DUI
Practice Area: South San Francisco DUI and DWI
Date: Nov 19, 2007
Outcome: Case Minimized/ NO JAIL
Description: In South San Francisco, client received three years of probation, fine of $1600, 3 month DUI school and 2 days of SWAP. 30 day license suspension, 5 month restriction.
San Mateo County DUI .13% BAC First Offense DUI
Practice Area: South San Francisco DUI and DWI
Date: Nov 19, 2007
Outcome: Probation, Fine, DUI School & 2 days SWP
Description: Client was stopped in San Mateo County for driving at a high rate of speed and arrested for driving under the influence of alcohol. Case settled for minimal sentence: three years informal probation, fines, 3 month DUI school and two days with the SWAP program.
San Francisco DUI .08% BAC First Offense DUI
Practice Area: San Francisco DUI and DWI
Date: Nov 16, 2007
Outcome: CASE DISMISSED & DMV "SET ASIDE"
Description: First Offense DUI with a .08% blood test. DA offer was a "Wet" reckless. Declined offer and set for trial. Retested blood sample w/ .06% retest result. DA backed off, dismissed case and DMV set aside any suspension. Total victory!
Alameda County First Offense DUI Refusal
Practice Area: Alameda DUI and DWI
Date: Nov 15, 2007
Outcome: Refusal Allegation Dismissed; DMV SET ASIDE
Description: Settled a DUI refusal case on the small island court in Alameda for a first offense DUI meaning five years of probation, 5 days of SWAP and fine of $1815. Client completed 3 month DUI school. Won DMV hearing and obtained "set aside" of suspension which would have been for one full year.
Marin County DUI .26% BAC First Offense DUI High BAC Enhancement
Practice Area: San Rafael DUI and DWI
Date: Nov 09, 2007
Outcome: Probation, Fine, DUI School, NO JAIL OR SWAP
Description: Settled High BAC driving under the influence of alcohol case in San Rafael for minimum punishment: 3 years probation, fine, 9 month DUI school, NO JAIL AND NO SWAP.
San Mateo County DUI .11% BAC First Offense DUI JURY TRIAL
Practice Area: South San Francisco DUI and DWI
Date: Nov 05, 2007
Outcome: Jury Trial= Acquittal 23152(a)
Description: After a running a Motion to Suppress Evidence I set this case for trial. DA offered a "wet" reckless on day of trial which client declined to accept. Trial based on "rising BAC" theory. Trial lasted one week and jury deliberated for two days. Verdict in favor of prosecution, Guilty as to driving with a BAC in excess of .08%, not guilty as to driving under the influence. Client received three years of probation, fine, 2 days SWAP, 3 month DUI school.
San Mateo County DUI .07% BAC First Offense DUI
Practice Area: South San Francisco DUI and DWI
Date: Nov 02, 2007
Outcome: Case Dismissed and DMV Set Aside
Description: Appeared in South San Francisco for client at arraignment on .07% BAC driving under the influence of alcohol case and accepted dismissal of charges. DMV set aside, no license suspension.
San Mateo County Redwood City DUI .14% BAC First Offense DUI and Petty Theft
Practice Area: Redwood City DUI and DWI
Date: Oct 31, 2007
Outcome: Petty Theft Dismissed, Probation, Fines & School
Description: Client charged with petty theft of landscaping materials and DUI in Redwood City. Case settled for dismissal of petty theft, 3 years of probation, fine of $1600 and 2 days of SWAP. License suspended for 30 days and restricted for 5 months.
Contra Costa County Walnut Creek .15% BAC First Offense DUI Collision High BAC Enhancement
Practice Area: Walnut Creek DUI and DWI
Date: Oct 18, 2007
Outcome: Probation, Fine, School, 3 SWAP
Description: Client had high BAC and caused a collision in Walnut Creek. As he resided out of state, it was critical that I negotiate an acceptable settlement. Case resolved for three years of probation, fine of $1700, 3 month DUI school in Arizona, and three days of SWAP. California driving suspended for thirty days and restricted for five months.
Santa Clara County San Martin DUI .12% BAC First Offense DUI
Practice Area: San Martin DUI and DWI
Date: Oct 18, 2007
Outcome: Case Minimized, Probation, Fines, SWAP & School
Description: Settled a first offense DUI .12% BAC blood test case in San Martin for three years of probation, fine of $1580, 3 month DUI school and 5 days of SWAP. License suspended for 30 days and restricted for 5 months.
San Mateo County Redwood City DUI .11% BAC Second Offense DUI
Practice Area: Redwood City DUI and DWI
Date: Oct 17, 2007
Outcome: Case Resolved for First Offense DUI
Description: Client had out of state prior offense DUI which DA tried to add to new California .11% blood test case. Successfully convinced DA to settle case for California first offense for: 3 years of probation, 3 month DUI school, and 2 days of SWAP. License suspended by DMV for one year.
San Francisco DUI .27% BAC First Offense DUI High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Oct 11, 2007
Outcome: Enhancement Stricken, Probation, No Jail
Description: Helped client negotiate favorable resolution to serious DUI charges in San Francisco. Client's blood tested at .27%. Settled the case for 3 years of informal probation, fines of approximately $1,650, 6 month DUI school and 7 days of SWAP. License suspended by DMV for thirty days and restricted for five months.
San Francisco DUI .19% BAC First Offense DUI High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Oct 09, 2007
Outcome: Enhancement Stricken & Case Minimized
Description: Settled a high BAC, .19% breath test driving under the influence of alcohol case for minimum sentence of three years probation, fine of $1600, 3 month DUI school and 2 SWAP. License suspended for 30 days and restricted for 5 months.
San Mateo County DUI .19% BAC First Offense DUI High BAC Enhancement
Practice Area: South San Francisco DUI and DWI
Date: Oct 02, 2007
Outcome: Sentence Minimized/ Allegation Stricken
Description: Client pled to driving under the influence of alcohol for three years of informal probation, 2 days of SWAP, 3 month DUI School and fine of $1721. One month license suspension with five month restriction.
Santa Clara County Palo Alto DUI .16% BAC First Offense DUI High BAC Enhancement
Practice Area:
Palo Alto DUI and DWI
Date: Sep 24, 2007
Outcome: ENHANCEMENT STRICKEN, Probation, Fine, SWAP
Description: Settled a high BAC driving under the influence of alcohol case for minimum Santa Clara County penalty in Palo Alto. Client received 3 years of probation, fine of $1,800, 3 month DUI school and 5 days of SWAP. License suspended for 30 days and restricted for 5 months.
San Francisco DUI .10% BAC First Offense DUI Jury Trial
Practice Area: San Francisco DUI and DWI
Date: Sep 24, 2007
Outcome: CASE DISMISSED AT TRIAL
Description: Client charged with DUI due to .10% blood test. Pulled time waiver and forced DA to try case within thirty days. Unable to do so, the criminal case was dismissed. License suspended by DMV for 30 days and restricted for 5 months.
Santa Clara County San Jose Road Rage and Vandalism Case
Practice Area: San Jose Criminal defense
Date: Sep 21, 2007
Outcome: Case Reduced to Save Driver's License
Description: Client arrested for vandalism while in an act of "road rage." This particular type of vandalism carried with it a potential suspension of client's driver's license. I negotiated the case down to a simple assault for 2 years probation, 20 hours of anger management, 50 hours of community service, fine of $130 and restitution to the victim.
San Mateo County DUI .08% BAC First Offense DUI
Practice Area: San Francisco DUI and DWI
Date: Sep 17, 2007
Outcome: CRIMINAL CASE DISMISSED & DMV SET ASIDE
Description: Convinced DA to dismiss the DUI criminal charges. Argued case at San Francisco DMV in front of hearing officer Quattlebaum and obtained a "Set Aside" of the license suspension.
Alameda County Oakland .25% BAC First Offense DUI High BAC Enhancement
Practice Area: Oakland DUI and DWI
Date: Sep 10, 2007
Outcome: Case Reduced to INFRACTION, DMV "Set Aside"
Description: Client found sleeping in his car covered in vomit. Blood test returned a .25%. Case reduced in Oakland to an INFRACTION disturbing the peace. Client was nonetheless served with APS papers and his license confiscated at arrest. We conducted a DMV hearing in El Cerrito and obtained a "set aside" of his driver's license suspension.
Alameda County Oakland .21% BAC Second Offense DUI High BAC Enhancement
Practice Area: Oakland DUI and DWI
Date: Sep 10, 2007
Outcome: Enhancement Stricken, Case Minimized, NO JAIL
Description: Today I settled a client's high BAC second offense DUI in Oakland. Special enhancement stricken and client settled case for three years of probation, fines and fees, 18 month DUI program, 8 days of SWAP served in Contra Costa County, and and Ignition Interlock Device ("IID") for one year. DMV case managed and coordinated with criminal case for concurrent one year suspension of license with eligibility for restricted license thereafter.
San Mateo County Redwood City DUI .13% BAC First Offense DUI
Practice Area:
Redwood City DUI and DWI
Date: Sep 04, 2007
Outcome: Case Settled for NO SWAP OR JAIL
Description: Client caught speeding in excess of 80 mph with .13% BAC by way of blood in San Mateo County. Case settled in Redwood City for 3 years of probation, fine of $1636 and 3 month DUI school. License suspended for 30 days with 5 months restriction.
Santa Clara County San Jose .21% BAC First Offense DUI High BAC Enhancement
Practice Area: San Jose DUI and DWI
Date: Aug 30, 2007
Outcome: ENHANCEMENT STRICKEN. Probation, etc.
Description: Out of state client arrested for DUI in San Jose with a .21% BAC. Tough case, but settled for three years of informal probation, 3 days actual jail (SWAP not workable), fine of $1750 and an Oregon DUI school equal to California. License suspended for six months. Enhancement Stricken.
San Francisco DUI .13% BAC Second Offense DUI
Practice Area: San Francisco DUI and DWI
Date: Aug 29, 2007
Outcome: Case Minimized/Handled 977
Description: Out of state client gets second offense DUI in San Francisco and settles case for 5 years of probation, 240 hours of community service and an out of state similar 18 month DUI program.
San Francisco DUI .14% BAC First Offense DUI
Practice Area: San Francisco DUI and DWI
Date: Aug 28, 2007
Outcome: CASE REDUCED to "Wet" Reckless
Description: Case reduced to wet reckless on day of 1538.5 hearing. Client received three years of probation, fines and DUI School.
Alameda County Hayward .10% BAC Second Offense DUI
Practice Area: Hayward DUI and DWI
Date: Aug 20, 2007
Outcome: PRIOR STRICKEN & SETTLED FOR "WET" RECKLESS
Description: In Hayward, I settled a second offense DUI with a .10% blood test for a reduced charge of alcohol related reckless driving. Client's prior offense was stricken and the DUI charges dismissed. Client received 2 years of probation, 80 hours of community service, and fine of $836. NO JAIL OR SWAP! License suspended for one year resulting in the requirement that the client complete a 18 month DUI program.
Santa Clara County Palo Alto DUI .17% BAC First Offense DUI High BAC Enhancement
Practice Area: Palo Alto DUI and DWI
Date: Aug 16, 2007
Outcome: DUI DISMISSED & DMV SET ASIDE
Description: Client charged with DUI after blowing .17% BAC. Only problem was that client wasn't driving and was actually asleep in his car. DA reduced case to "drunk in public" for 2 years of probation, fine of $475 and 30 AA meetings. Won the DMV hearing in Santa Clara with Hearing Officer Huang.
Marin County DUI .12% BAC First Offense DUI
Practice Area: San Rafael DUI and DWI
Date: Aug 13, 2007
Outcome: Case Minimized for Probation & Fine
Description: Settled a first offense DUI in Marin County today for 3 years of probation, fine of $1444, 3 month DUI school. No Jail or SWAP. License suspended for 30 days and restricted for 5 months.
San Mateo County DUI .17% BAC First Offense DUI High BAC Enhancement
Practice Area: South San Francisco DUI and DWI
Date: Aug 08, 2007
Outcome: Probation, Fine, DUI School, ENHANCEMENT STRICKEN
Description: Settled a first offense DUI with High BAC allegation for 3 years probation, fine of $1500, and only one day of SWAP. No Jail and the High BAC enhancement was stricken. License suspended for 30 days and restricted for 5 months.
Solano County Fairfield .21% BAC First Offense DUI High BAC Enhancement
Practice Area: Fairfield DUI and DWI
Date: Aug 06, 2007
Outcome: ENHANCEMENT STRICKEN, NO JAIL OR SWAP
Description: Settled a high BAC first offense case in Fairfield for an out of state client. Client never had to appear and received minimum sentence. Enhancement stricken for 3 years of probation, fine of $1,300, and no jail, SWAP or a DUI school requirement. License in California suspended for six months.
The view from the Alameda County Superior Court at 661 Washington Street in Oakland, California.
Sonoma County DUI .18% BAC First Offense DUI Proving False ID to Officer
Practice Area: Santa Rosa DUI and DWI
Date: Jul 13, 2007
Outcome: Allegation Stricken, False ID charges dismissed
Description: Client charged with DUI w/special enhancement for high BAC and for providing false ID to officer. Enhancement stricken and false ID charge dismissed. Client received in Santa Rosa 3 years of probation, fine of $2000, three month DUI School. NO JAIL, SWAP OR COMMUNITY SERVICE. License suspended for 30 days, Restricted for 5 months.
Alameda County Oakland DUI .21% BAC First Offense DUI High BAC Enhancement
Practice Area: Emeryville DUI and DWI
Date: Jul 13, 2007
Outcome: Probation, Fine, 3 MONTH DUI SCHOOL, 7 Days SWAP
Description: Settled a high BAC case for minimum probation, fine, THREE MONTH DUI SCHOOL and 7 days of SWAP. License suspended 30 days and restricted for 5 months.
Alameda County Oakland DUI .18% BAC Second Offense DUI High BAC Enhancement
Practice Area: Oakland DUI and DWI
Date: Jul 11, 2007
Outcome: Probation, Fines, 18 month school, 9 SWAP
Description: Second Offense DUI case with high BAC allegation settled for minimum sentence: 3 years probation, 9 days of SWAP, 18 month DUI school, and fines. License suspended for one year.
Marin County DUI Second Offense DUI Refusal Collision Hit & Run Probation Violation
Practice Area: San Rafael DUI and DWI
Date: Jul 10, 2007
Outcome: Case Minimized for Probation
Description: Ugly case resolved for three years of probation, fine of $2400, 15 Days Jail (4 days actual) with 8 days of SWAP, 18 month DUI school. License suspended for one year.
Solano County Fairfield DUI .21% BAC First Offense DUI High BAC Enhancement
Practice Area: Fairfield DUI and DWI
Date: Jul 09, 2007
Outcome: Probation, NO DUI SCHOOL, NO SWAP, Fines
Description: Handled case completely in client's absence as she was an out of state defendant. Pled for minimum punishment and HIGH BAC ENHANCEMENT STRICKEN. 3 years of informal probation, no jail/SWAP, and no DUI school. Fine of approximately $2000. License suspended for 30 days and restricted for 5 months.
San Francisco DUI .15% BAC Second Offense DUI High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Jul 03, 2007
Outcome: Case Settled for 1st Offense
Description: Client had outstanding prior which we held from the DA and settled the case for a 1st offense. Client received probation, fine, one day of SWAP, and 18 month DUI program.
San Francisco DUI .08% BAC First Offense DUI Collision FELONY
Practice Area: San Francisco DUI and DWI
Date: Jun 28, 2007
Outcome: CRIMINAL CASE DISCHARGED
Description: Felony first offense DUI resulting from horrendous injury collision on the Bay Bridge. .08% BAC key in obtaining DA dismissal of all charges. Client suffered 30 day suspension of license and 5 month of restriction.
San Mateo County Redwood City DUI .16% BAC Second Offense DUI High BAC Enhancement
Practice Area: Redwood City DUI and DWI
Date: Jun 26, 2007
Outcome: Case Minimized/Allegation Stricken
Description: Client's DUI case settled today in Redwood City for three years of probation, 27 days of SWAP, fine of $2000, and 18 month DUI school. Client received one year license suspension and one year restriction.
San Mateo County Redwood City DUI .23% BAC First Offense DUI High BAC Enhancement
Practice Area: Redwood City DUI and DWI
Date: Jun 26, 2007
Outcome: DUI Dismissed & DMV Set Aside
Description: Client charged with DUI in Redwood City although he was only sleeping in his vehicle. Criminal case reduced to public intoxication charge for nominal probation and fine. DMV actually suspended client's driver's license! I moved for an immediate Administrative Review and good old Hearing Officer Quattlebaum (now retired) was overturned. Client would have lost his employment if he lost his license!
Napa County DUI .11% BAC First Offense DUI
Practice Area: Napa DUI and DWI
Date: Jun 22, 2007
Outcome: CASE REDUCED TO "WET RECKLESS"
Description: Client stopped for speeding and DA stuck to first offense DUI. Set case for trial and DA caved settling the case for a "wet reckless," thus eliminating the typical 5 years of probation a DUI defendant receives in Napa County. Client paid fine of $600 and was required to complete 3 month DUI school. No SWAP, Jail or Community Service. License suspended for 30 days with five month restriction.
San Mateo County Redwood City DUI .12% BAC First Offense DUI
Practice Area: Redwood City DUI and DWI
Date: Jun 21, 2007
Outcome: CASE DISMISSED. MOTION TO DISMISS GRANTED
Description: Client charged with DUI in Redwood City. Court granted dismissal of case after prosecution failed to prove that the stop of client was legal. DMV, however, had a different take on the case. Hearing Officer Quattlebaum (now retired) suspended the client's license for 30 days with a five month restriction.
San Francisco DUI .20% BAC First Offense DUI High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Jun 21, 2007
Outcome: ENCHANCEMENT STRICKEN, 3 MONTH DUI SCHOOL
Description: Today I settled a high BAC enhanced DUI in Department 15 of the San Francisco Superior Court. Client stopped for speeding and blew a .20% PAS test with a .19% blood draw. Successfully settled the case for three years informal court probation, 8 days of community service (SWAP), fine of approximately $1,750 and a THREE MONTH DUI SCHOOL. License suspended for thirty days and restricted for five months.
Santa Clara County San Jose DUI .15% BAC First Offense DUI High BAC Enhancement
Practice Area: San Jose DUI and DWI
Date: Jun 14, 2007
Outcome: ENHANCEMENT STRICKEN, Probation, Fine & School
Description: Settled a .15% blood test case for minimum sentence. Special high BAC enhancement stricken. Client received 3 years of probation, fine of $1600, 3 month DUI School and 8 days of SWAP. Client received additional SWAP due to extremely high rate of speed. License suspended for 30 days and restricted for 5 months.
Alameda County Oakland DUI .11% BAC First Offense DUI
Practice Area: Oakland DUI and DWI
Date: Jun 06, 2007
Outcome: Case Minimized/Minimal Punishment
Description: Client received three years of probation, one day of SWAP, fine of $1760 and 3 month DUI school. 30 day license suspension with 5 month restriction.
Alameda County Oakland DUI .14% BAC First Offense DUI
Practice Area: Oakland DUI and DWI
Date: Jun 06, 2007
Outcome: Probation, fine, DUI School, 1 day of SWAP
Description: Settled first offense for medical doctor client for minimum sentence. Oakland case in Department 104. Three years probation, fine, 3 month DUI school and one day SWAP.
Alameda County Oakland DUI .16% BAC First Offense DUI High BAC Enhancement
Practice Area: Oakland DUI and DWI
Date: Jun 06, 2007
Outcome: Enhancement Stricken & NO SWAP
Description:: Handled case from start to finish for out of state client. Negotiated settlement that included striking the high BAC enhancement, getting the client ZERO SWAP, and no DUI school requirement. Client did, however, serve ten days community service in Portland, Oregon. California license suspended for six months due to conviction.
San Mateo County DUI .21% BAC First Offense DUI Collision High BAC Enhancement
Practice Area: South San Francisco DUI and DWI
Date: May 29, 2007
Outcome: Enhancement Stricken/3 Month DUI School
Description: Special enhancement stricken, client received 3 years probation, fine of $1650, 3 month DUI school and 2 days of SWAP. License suspended for 30 days, restricted for 5 months.
San Mateo County DUI .12% BAC First Offense DUI
Practice Area: South San Francisco DUI and DWI
Date: May 29, 2007
Outcome: Case Minimized. No actual jail.
Description: Successfully negotiated a plea for client in South San Francisco for three years of probation, fine of $1,561, 3 month DUI school and 2 days of SWAP. License suspended for 30 days and restricted for 5 months.
San Mateo County DUI .20% BAC First Offense DUI High BAC Enhancement
Practice Area: South San Francisco DUI and DWI
Date: May 29, 2007
Outcome: Case Minimized, 3 Month DUI School
Description: Settled a high BAC first offense DUI in South San Francisco. Client blew a .20% which usually means a 9 month DUI school. Settled the case for three years of probation, fines, 3 month school and 4 days of SWAP. License suspended for 30 days and restricted for 5 months.
Santa Clara County Palo Alto DUI .16% BAC First Offense DUI Drug Possession High BAC Enhancement
Practice Area: Palo Alto DUI and DWI
Date: May 25, 2007
Outcome: Minimum Offer, Client Bench Warranted
Description: Represented out of state driver who was arrested in Palo Alto for DUI and possession of marijuana. Negotiated high BAC enhancement stricken and dismissal of possession charges for offer of 3 years of probation, fine of $1750, 3 month DUI school and five days of SWAP. Client moved and failed to appear for court resulting in a bench warrant issue. License suspended for 30 days and restricted for 5 months.
San Mateo County Redwood City DUI .16% BAC First Offense DUI High BAC Enhancement
Practice Area: Redwood City DUI and DWI
Date: May 24, 2007
Outcome: ENHANCEMENT STRICKEN, 3 MONTH SCHOOL
Description: I settled a high BAC DUI case for an out of state client in Redwood City. Special allegation for high BAC stricken and client received three years informal probation, fine of $1,600, out of state DUI school, and two days of SWAP in lieu of jail. License in California suspended for six months.
San Francisco DUI .15% BAC First Offense DUI High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: May 22, 2007
Outcome: Probation, fine, DUI School and NO SWAP
Description: Resolved DUI case for out of state defendant who never appeared in court. Client received three years of probation, out of state DUI school, and fines. No Jail or SWAP.
San Francisco DUI .09% BAC First Offense DUI Collision
Practice Area: San Francisco DUI and DWI
Date: May 16, 2007
Outcome: Case Reduced to "Wet" Reckless Driving
Description: Client involved with collision with parked car blew a .09% breath test and was arrested for DUI. Successfully convinced the DA to dismiss the DUI and reduce the case to an alcohol related reckless driving charge. Client received 3 years of probation, fine of $791 and 3 month DUI school. License suspended for 30 days and restricted for five months.
San Mateo County Redwood City DUI .14% First Offense DUI Hit & Run Collision
Practice Area: Redwood City DUI and DWI
Date: May 14, 2007
Outcome: Probation, Fines, SWAP, Restitution
Description: Settled a tough case in Redwood City involving a DUI where the client side swiped a parked car and continued home leaving a trail of fluid from the scene of the crime. She was subsequently charged with both DUI and Hit & Run. Successfully settled the case for three years of probation, fine of $2000, 12 days of SWAP and a 3 month DUI school. Client ordered to pay restitution. License suspended for 30 days and restricted for 5 months.
Contra Costa County Martinez DUI .25% BAC First Offense DUI High BAC Enhancement
Practice Area: Martinez DUI and DWI
Date: May 11, 2007
Outcome: Juvenile DUI REDUCED & DMV SET ASIDE
Description: Underage client found sleeping in his car with astronomical .25% BAC. Dope police officer charged him with DUI although vehicle was clearly not being driven. Due to the age of client (17) the court proceeded by way of petition rather than complaint. Minors are not entitled to a jury trial. Accordingly, the criminal case was resolved for a reduction to "dry" reckless driving for probation, fine and home supervision. DMV set aside due to the "no driving" issue.
San Francisco DUI .10% BAC First Offense DUI Drugs FELONY Drug Possession
Practice Area: San Francisco DUI and DWI
Date: May 11, 2007
Outcome: Felony Cocaine Possession Dismissed. DUI Plea.
Description: Client stopped with a .10% blood test and possession of a gram of cocaine. DA charged felony possession and DUI. Successfully negotiated dismissal of the felony possession and the DUI settled as a misdemeanor for three years of probation, fine of $1600, 3 month DUI school. No jail or SWAP. License suspended for one month and restricted for 5 months.
Sonoma County DUI .23% BAC First Offense DUI High BAC Enhancement
Practice Area: Santa Rosa DUI and DWI
Date: May 07, 2007
Outcome: Probation, Fine, 3 MONTH DUI SCHOOL
Description: Case settled today for three years of probation, 4 days of SWAP, fines and THREE MONTH DUI SCHOOL.
Alameda County Pleasanton DUI .21% BAC First Offense DUI High BAC Enhancement
Practice Area: Pleasanton DUI and DWI
Date: May 04, 2007
Outcome: Case Settled for Minimum Punishment
Description: In Alameda County Pleasanton, client settled for 3 years of probation, 4 days of SWAP, fine of $1750 and 9 month DUI school. License suspended for 30 days, restricted for 10 months.
San Francisco DUI .12% BAC First Offense DUI
Practice Area: San Francisco DUI and DWI
Date: May 02, 2007
Outcome: Probation, Fines, DUI School, NO SWAP OR JAIL
Description:: Case resolved today in San Francisco for minimum punishment: three years probation, fines, three month DUI school and NO JAIL OR SWAP. Client suffered 30 day license suspension with five months restriction from the DMV.
San Francisco Felony Drug Possession
Practice Area: San Francisco Criminal defense
Date: May 01, 2007
Outcome: Case Reduced to Misdemeanor
Description: Felony meth possession case reduced to misdemeanor for three years probation, 15 days of SWAP, client required drug testing.
San Mateo County Redwood City DUI Refusal First Offense Jury Trial
Practice Area: Redwood City DUI and DWI
Date: Apr 27, 2007
Outcome: Post Jury Trial Refusal Allegation Stricken
Description:: I represented client charged with DUI refusal in Redwood City, California. I handled DMV hearing in which client was regrettably suspended. Criminal case proceeded to Jury Trial and although client was found guilty of Vehicle Code section 23152(a), the Jury did not convict on the refusal enhancement. As such, client received lighter sentence post conviction than was offered at Pre-Trial: 3 years informal probation, THREE MONTH DUI SCHOOL, fines of $1,500 and one day of SWAP in lieu of jail. License administratively suspended for one year.
Alameda County Oakland DUI .19% BAC First Offense DUI High BAC Enhancement
Practice Area: Oakland DUI and DWI
Date: Apr 24, 2007
Outcome: ENHANCEMENT STRICKEN, Probation & Fine
Description: First offense DUI with high BAC enhancement settled for minimum sentence. Special Allegation stricken, 3 years of probation, 3 month DUI school and NO JAIL OR SWAP. License suspended for 30 days and restricted for 5 months.
San Francisco DUI .15% BAC First Offense DUI High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Apr 24, 2007
Outcome: Probation, Fine, DUI school & NO SWAP
Description: Client stopped by SFPD for driving the wrong way on a one way street. Submitted to breath test with a .15% result. High BAC enhancement stricken and case settled for 3 years of probation, fine of $1750, 3 month DUI school and NO JAIL OR SWAP. License suspended for 30 days and restricted for 5 months.
San Francisco DUI .12% BAC First Offense DUI Collision
Practice Area: San Francisco DUI and DWI
Date: Apr 24, 2007
Outcome: Settled for Minimum Terms
Description: I settled a first offense DUI case for three years of probation, fine of $1,523, 3 month DUI school eight days with the SWAP program. Case involved significant vehicle collision. License suspended for 30 days and restricted for 5 months.
Alameda County Hayward DUI .09% BAC Second Offense DUI
Practice Area: Hayward DUI and DWI
Date: Apr 20, 2007
Outcome: DUI DISMISSED, SETTLED AS 1ST WET RECKLESS
Description: Client had prior DUI conviction and picked up second case in Hayward. Successfully closed case without DA learning of prior offense. Client received reduced offer of alcohol related reckless driving with the DUI dismissed for 2 years of probation, fine of $910 and NO JAIL OR SWAP. Client required to complete 18 month DUI program and suffer one year license suspension because he failed to request an administrative hearing within 10 days.
Santa Clara County San Jose DUI .13% BAC First Offense DUI
Practice Area: San Jose DUI and DWI
Date: Apr 16, 2007
Outcome: Probation, Fine, SWAP and DUI School
Description: Settled a first offense DUI in San Jose for minimum sentence. Client received three years of probation, fine of $1700, 3 month DUI school and 5 days of SWAP. License suspended for 30 days and restricted for 5 months.
Butte County Oroville DUI .11% BAC First Offense DUI
Practice Area: Oroville DUI and DWI
Date: Apr 02, 2007
Outcome: Case Minimized. No Jail or SWAP
Description: Settled a first offense case in Oroville, the seat for Butte County. Client received three years probation, fines of about $1,800 and a three month DUI school. No Jail or SWAP. License suspended for 30 days and restricted for 5 months.
Marin County DUI .13% BAC First Offense DUI
Practice Area: San Rafael DUI and DWI
Date: Mar 30, 2007
Outcome: Probation, DUI School, Fine & NO SWAP/JAIL
Description: Settled a first offense DUI in Marin County with a .13% BAC for three years of probation, fines of $1444, and a three month DUI school. NO JAIL, SWAP OR COMMUNITY SERVICE. License suspension for 30 days with 5 month restriction.
San Mateo County Redwood City DUI .12% BAC First Offense DUI
Practice Area: Redwood City DUI and DWI
Date: Mar 27, 2007
Outcome: DUI Dismissed. Case Reduced to Reckless Driving
Description: After an unsuccessful speedy trial motion, case was resolved for wet reckless and DUI dismissed in Redwood City. Client received 2 years of probation, fine of $1100 and 3 month DUI school. NO SWAP, JAIL OR COMMUNITY SERVICE. License suspended for 30 days, Restricted for 5 months.
San Mateo County DUI .16% BAC First Offense DUI High BAC Enhancement
Practice Area: South San Francisco DUI and DWI
Date: Mar 20, 2007
Outcome: Enhancement Stricken, Probation, Fine, DUI School
Description: Settled a high BAC first offense DUI case in South San Francisco for minimum punishment: three years probation, two days SWAP, 3 month DUI school and fines. No actual jail. Client waived right to DMV hearing so license was suspended for 30 days with 5 months of restriction.
Contra Costa County Martinez DUI .18% BAC First Offense DUI Driving on Suspended License
Practice Area: Martinez DUI and DWI
Date: Mar 15, 2007
Outcome: Enhancement Stricken, 14601.5 Dropped.
Description: Case settled for three years of probation, fine of $1700, three month DUI school and 2 days of SWAP. License suspended for 30 days and restricted for 5 months.
San Mateo County DUI .24% BAC First Offense DUI Collision High BAC Enhancement
Practice Area: South San Francisco DUI and DWI
Date: Mar 14, 2007
Outcome: Minimized Impact
Description: Client received a DUI conviction and sentence in South San Francisco of three years of probation, 5 days of SWAP, restitution, and 9 month DUI school. License suspended for 30 days with 10 month restriction.
San Francisco DUI .18% BAC First Offense DUI Collision High BAC Enhancement
Practice Area: San Francisco DUI and DWI
Date: Mar 08, 2007
Outcome: Enhancement Stricken, NO JAIL
Description: Client caused major property damage collision. High BAC enhancement stricken and client received minimal sentence of 3 years of probation, fines of $1650, 3 MONTH DUI SCHOOL, 13 days of SWAP, restitution and NO JAIL. License suspended for 30 days and restricted for five months.
San Francisco DUI .11% BAC First Offense DUI Collision
Practice Area: San Francisco DUI and DWI
Date: Mar 07, 2007
Outcome: Case minimized, no jail
Description: In San Francisco, a property damage only DUI collision case with a .11% BAC blood test settled for three years of probation, 3 month DUI school and 11 days of SWAP. 30 day license suspension and 5 month restriction.
Alameda County Hayward DUI .13% BAC First Offense DUI
Practice Area: Hayward DUI and DWI
Date: Mar 07, 2007
Outcome: Probation, Fines, 3 Month School & SWAP
Description: Settled .13% BAC case in Hayward for the minimum 3 years probation, $1760 fine, 3 month DUI school and 2 days of SWAP. License suspended for 30 days and restricted for 5 months.
Santa Clara County Palo Alto DUI .15% BAC First Offense DUI High BAC Enhancement
Practice Area: Palo Alto DUI and DWI
Date: Mar 01, 2007
Outcome: Enhancement Stricken. Case Minimized.
Description: First offense DUI with .15% breath test in Palo Alto where the Judge Kumli actually tried to order the 9 month DUI program. I fought the court on this issue and got my clients high BAC enhancement stricken. Sentence of 3 years of probation, fine of $1750, 3 month DUI school and 6 days of SWAP. License suspended for 30 days and restricted for 5 months.
San Mateo County Redwood City DUI .15% BAC First Offense DUI High BAC Enhancement
Practice Area: Redwood City DUI and DWI
Date: Feb 27, 2007
Outcome: Enhancement Stricken, Probation, Fine & School
Description: DUI Case resolved in Redwood City for three years of probation, 1 day of SWAP, 3 month DUI school. Worked with client's immigration attorney closely to minimize impact for his filing for citizenship.
Santa Clara County San Jose DUI .19% BAC First Offense DUI Collision High BAC Enhancement
Practice Area: San Jose DUI and DWI
Date: Feb 26, 2007
Outcome: Enhancement Stricken, Case Minimized.
Description: Settled a first offense high .19% BAC DUI case with a collision for three years of probation, fine of $1580, 12 days of SWAP and a 3 month DUI school in San Jose. License suspended for 30 days and restricted for five months.
The Sonoma County Superior Court located at 600 Administration Drive in Santa Rosa, California.
San Francisco DUI Attorney
201 Spear Street, San Francisco, California 94105, United States
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