Marin County DUI Court Information

The Marin County Civic Center is located at 3501 Civic Center Drive in San Rafael and all criminal and DUI cases are handled on the "C" level of this exquisite Frank Lloyd Wright designed government building.  The courthouse has ample street and lot parking which is free of charge.  DUI arrests from Fairfax, San Anselmo, Ross, Mill Valley, Novato, San Rafael and the surrounding areas are heard in this courthouse.  General court information is as follows:

Civic Center, Hall of Justice, Room C-10 (Clerk's Office)
San Rafael, CA  94903
(415) 444-7070 

Criminal Clerk's Office Hours:
8:00 a.m.  - 12:00 p.m. & 1:00 p.m. - 4:00 p.m.
Closed from noon to 1:00 p.m.  

 Phone Hours: 
9:00 a.m. - 12:00 p.m. & 1:00 p.m.- 2:00 p.m. 

Driving under the influence or DUI arrests in Marin County involve two distinct cases: a criminal case and an Administrative Per Se or "APS" case or "DMV Case" which is handled at the Department of Motor Vehicles, DMV Driver's Safety Office in San Francisco at 1377 Fell Street.  A DMV hearing must be requested within ten days of service of the Temporary License, which is typically on the date of arrest.  The Temporary License is usually a pink colored carbon copy type of document and is served on the arrestee at the time of release from jail along with a citation or notice to appear in court.  If the DMV hearing is not requested within 10 days, a request can still be made, however the individual is likely to be denied a hearing and a stay of suspension which means that their Temporary License will expire thirty days from the date of arrest. 

Upon release from jail or custody you will be given a citation or notice to appear in court at some future date.  If your case involved injuries or a felony enhancement, you may be held in custody until your court date unless you post a bail bond.  If your arrest is a first offense DUI misdemeanor, it's likely and advisable that your DUI attorney appear at this hearing on your behalf a pursuant to the authority of Penal Code Section 977.  This hearing is your arraignment.

The arraignment is the first hearing in a DUI case and the purpose is to advise the defendant of the charges, provide initial case discovery, i.e. police reports, blood results, etc., to defense counsel.  Additionally, the judge may be asked to impose release conditions like attending AA meetings or wearing an ankle monitor while the criminal case proceeds.  The court will then schedule your case for a "Change of Plea or Settling Hearing" called a "COP/SET" which is usually heard in Courtroom M.  The procedure in Marin County is that your lawyer is to informally meet and conference with the District Attorney before your COP/SET hearing and to negotiate a settlement offer.  If the offer is to be accepted, it will be done at the COP/SET hearing.  If the case cannot be settled, the matter is set for motion or jury trial typically after three COP/SET hearings.  

Marin County is a favorable jurisdiction to face a first offense DUI.  Marin County prosecutors have a lot of discretion and have the authority to reduce or dismiss DUI charges.  Marin County juries tend to be more educated and are willing to find a DUI defendant "not guilty" in the right case.  I've handled several hundred cases in Marin County which include DUI jury trials which have resulted in complete acquittals.  Below is further information available from the Marin County Superior Court:

A misdemeanor case is a criminal action in which the defendant is charged with a misdemeanor and it may include an infraction charge. It does not include any felony violations. The maximum punishment for misdemeanor violations is not more than 6 months, a fine not exceeding $1,000, or both 

The arraignment is the first court appearance.

A Judicial Officer informs the defendant/attorney of the following:

• Alleged charges
• Constitutional rights
• 
  

A copy of the accusatory pleading is provided to the defendant/attorney. The defendant/attorney will enter a plea of:

• Not Guilty - the defendant states he/she did not commit the crime. The case will be set for a future hearing.
• Guilty - the defendant admits that he/she did commit the crime.
• No Contest - the defendant will not contest the charge. The plea has the same effect as a guilty plea except the conviction cannot be used against the defendant in a civil suit.

If the defendant does not appear in court as required, the court may order any, or all of the following actions:

• Forfeiture of bail or bond.
• Issuance of a warrant.
• Suspension of the defendant's drivers license.
• An additional violation alleging a failure to appear. The punishment for this violation can be an additional jail term and/or a fine.
• Impose an additional $100.00 assessment pursuant to Penal Code Section 1214.1.

For courtroom appearances, the following rules are enforced:

• Shirt and shoes are required in the courtroom
• Tank tops and T-shirts are NOT allowed in the courtroom
• Food, drinks, and gum chewing are NOT allowed in the courtroom
• Weapons are NOT allowed in the courthouse
• Cell phones must be turned off

The Court provides an Express Service Drop Box in the Room C-10 lobby for those individuals who do not want to wait in line to make a payment. For more information, please see below.

• Cash payments may only be made in person in Room C-10 between the hours of 8:00 a.m. - 12:00 p.m. and 1:00 p.m. - 4:00 p.m., Monday through Friday.
• Checks, cashier checks, or money orders (payable to Marin County Superior Court) may be sent by mail or paid in person in Room C-10. Please note: When making a payment by mail, individuals must write the case number or defendant's name on the check, cashier check, or money order to ensure it is applied to the correct criminal case.
• A convenience fee will be assessed on all debit, MasterCard, Discover, Visa, and American Express credit card transactions. Credit card payments may be mailed (using the stub provided on the Courtesy Notice), paid in person in Room C-10, or by phone at (415) 444-7070 between the hours of 9:00 am and 2:00 pm, Monday through Friday.

Please note that a payment by personal check will delay the DMV release of a hold on a driver’s license and/or registration for ten (10) calendar days. To ensure that the hold on a driver's license and/or registration is released within 24 hours, individuals must pay by cash, cashier check, money order, or credit or debit card.

If you or someone you know is facing a DUI charge in Marin County, you need an experienced DUI lawyer you can trust.  Call Marin County DUI attorney Nors Davidson today for a free DUI case evaluation.  Below please find a list of Nors Davidson's recent Marin County DUI case results.

RECENT MARIN COUNTY DUI CASE RESULTS

Outcome DUI CHARGES DISMISSED, Case Reduced to Reckless Driving: 1 Year DUI Probation, $919 Fine, 12 Hour DUI School and 2 Days SWAP

Description Client was arrested for DUI by the Marin County CHP after being observed speeding on Highway 101. Client submitted to PAS test with results of .12% BAC and a later blood test with result of .11% BAC. Today, we successfully resolved the case for DUI CHARGES DISMISSED, Case Reduced to Reckless Driving: 1 Year Probation, $919 Fine, 12 Hour DUI School and 2 Days SWAP.

Marin County Juvenile Felony Weapon Possession

Outcome ALL CHARGES DISMISSED for Deferred Entry of Judgement: 8 Months & 50 Hours Community Service

Description Client was a juvenile when his school reported that he had multiple handguns in his home and a 3-D printer for weapons construction. Client charged with two felonies and two misdemeanors. Today, we resolved client's case of a "deferred entry of judgment." Client to stay arrest free for eight months and perform 50 hours of community service and all charges will be dismissed and all records relating to case destroyed which is an excellent results considering we started with a serious felony.

Marin County DUI .08% BAC First Offense DUI

Outcome ALL DUI CHARGES DISMISSED. Client referred to traffic school for speeding ticket.

Description Client was stopped for speeding on the Golden Gate Bridge by the CHP and was arrested following a DUI investigation which included a breath test with results of .08% BAC. Today, I settled the case for a dismissal of all DUI charges in lieu of a plea of no contest to a speeding ticket infraction for which client was referred to traffic school with a fine of $366. After all fines were paid we successfully petitioned the court to have all arrest records for client's DUI completely sealed and destroyed as if it never happened.

Marin County Novato DUI .17% BAC First Offense DUI Collision High BAC DUI Enhancement

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, Weekend Work OR COMMUNITY SERVICE. 

Marin County San Rafael DUI .16% BAC First Offense DUI Collision Forced Blood Draw Refusal High BAC DUI Enhancement 

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 CHP 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. 

Marin County DUI .12% BAC First Offense DUI

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 CHP 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

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 CHP 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 3 years of probation, fine of $1,800, and a 3 month DUI school. NO JAIL OR SWAP.

Marin County DUI .17% BAC First Offense DUI FELONY Child Endangerment High BAC Enhancement

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 California Highway Patrol, 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.

Marin County DUI .09% BAC Second Offense DUI

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: three Years, $2500 Fine, 18 Month DUI School 9 Days SWAP & 2 Years of an ignition interlock device.

Marin County DUI .09% BAC First Offense DUI

Outcome: DUI CHARGES DISMISSED & Case reduced to Reckless Driving: 3 Years Probation, $1000 fine & 12 Hour DUI School

Description: Client arrested for DUI by California Highway Patrol 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: three Years Probation, $1000 fine & 12 Hour DUI School.

Marin County DUI First Offense DUI Prescription Drugs

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 which was an excellent result.

Marin County DUI .10% BAC First Offense DUI and Possession of Fake ID

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 California Highway Patrol near Paradise Drive for weaving. Client submitted to PAS test with results of .09% BAC and was arrested for driving under the influence. 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.

Marin County DUI .22% BAC Second Offense DUI High BAC Enhancement

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

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.

Marin County DUI .08% BAC First Offense DUI 

Outcome: Probation Granted, 3 Years, $1000 fine, Three 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.

Marin County DUI .21% BAC First Offense DUI High BAC Enhancement

Outcome: ENHANCEMENT DISMISSED & Probation Granted: 3 Years, $1900 Fine, 3 Month DUI School & NO SWAP

Description: Client arrested by California Highway Patrol 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 Weekend Work.

Marin County DUI .12% BAC First Offense DUI Collision

Outcome: Probation Granted: 3 yrs, $1900 fine, 3 month DUI School & 4 AWOP

Description: Client crashed vehicle in Point Reyes. The California Highway Patrol 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. 

Marin County DUI .27% BAC 1st Offense DUI High BAC Enhancement

Outcome: ENHANCEMENT DISMISED, 3yr Probation, $1850, 3 AWOP

Description: Client stopped by California Highway Patrol 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 Under 21 Zero Tolerance High BAC Enhancement

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.

Marin County DUI First Offense DUI  Drugs

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, 2 years of informal probation, $900 fine and 12 hour DUI School. NO LICENSE SUSPENSION.

Marin County DUI First Offense DUI Drugs Under 21 Zero Tolerance

Outcome: DUI CHARGES DISMISSED & CASE REDUCED TO RECKLESS DRIVING

Description: Client was under 21 when arrested by the California Highway Patrol for driving under the influence of 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.

Marin County DUI .16% BAC First Offense DUI High BAC Enhancement

Outcome: Probation Granted: 3 years, $1,733, Online DUI School 3 Months, NO SWAP

Description: Client arrested for driving under the influence of alcohol 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.

Marin County San Rafael Drunk in Public Misdemeanors Penal Code Section 647(f)

Outcome: 1 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.

Marin County DUI .11% BAC First Offense DUI

Outcome: Probation Granted, Three years, Fine $1,800 & three 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.

Marin County DUI .14% BAC First Offense DUI

Outcome: Probation Granted: Three years, $1,850 fine, Three Month DUI School

Description: Settled DUI case today for reasonable sentence that did not include any community service.

Marin County DUI .09% BAC First Offense DUI

Outcome: Probation Granted: Three years, $1,850 fine, Three 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

Outcome: Probation Granted: 3 years, $1,780 fine, 3 Month DUI School & NO JAIL OR SWAP

Description: Fairfax Police Department stopped client for tailgating, .11 % & .14% PAS Test with .12% Blood test which came back .12% BAC on retest of blood.

Marin County San Rafael DUI .18% BAC First Offense DUI Collision High BAC Enhancement

Outcome: ENHANCEMENT DISMISSED & THREE 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. 

Marin County San Rafael DUI .22% BAC First Offense DUI High BAC Enhancement

Outcome: ENHANCEMENT DISMISSED: Three Years Probation, Three 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,  nine 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 3 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. 

Marin County DUI .14% BAC First Offense DUI

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). 

Marin County San Rafael DUI .15% BAC First Offense DUI Collision High BAC Enhancement

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 driving under the influence. 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. 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.  

Marin County DUI .12% BAC First Offense DUI Marijuana Possession

Outcome: Probation Granted: Three 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 for driving under the influence 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. 

Marin County DUI Expungement Petition

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. 

Marin County DUI .21% BAC First Offense DUI Collision FELONY Child Endangerment

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. 

Marin County DUI .10% BAC First Offense DUI

Outcome: Probation Granted: Three years, Fine $1850, Three Month 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.

Marin County Speeding Infraction Trial

Outcome: CASE DISMISSED

Description: Client was simultaneously being represented by me in a drunk driving 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.

Marin County DUI First Offense DUI Drugs and Drug Possession

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.

Marin County DUI .09% BAC First Offense DUI

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 California Highway Patrol for speeding on the Golden Gate Bridge. Subsequent breath tests returned results of .08% and .09% BAC. DUI charges were DISMISSED, and the district attorney proceeded only with speeding infraction.

Marin County DUI .43% BAC First Offense DUI & .28% BAC Second Offense DUI Injury Collision High BAC Enhancement

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.

Marin County DUI .11% BAC First Offense DUI

Outcome: Probation Granted for Three Years, $1,850 Fine, Three 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.

Marin County DUI .13% BAC First Offense DUI Under 21 Zero Tolerance

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 California Highway Patrol 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.

Marin County DUI .09% BAC First Offense DUI Excessive Speed Enhancement

Outcome: ENHANCEMENT DISMISSED. 3 MONTH DUI SCHOOL, Fine & NO SWAP

Description: Client stopped for speeding on Golden Gate Bridge at 75 miles per hour. 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 5 months.

Marin County DUI .29% BAC First Offense DUI Collision FELONY Child Endangerment High BAC Enhancement

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 9 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.

Marin County DUI .09% BAC First Offense DUI JURY TRIAL

Outcome: Hung Jury (4 to 8) on DUI; Guilty on 23152(b) over .08%

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

Outcome: CASE DISMISSED

Description: Client stopped by Mill Valley Police Department 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.

Marin County DUI .18% BAC First Offense DUI Excessive Speed and High BAC Enhancement

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 enhancement DISMISSED.

Marin County DUI .13% BAC First Offense DUI

Outcome: Probation Granted, $1,794 Fine, Three 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 showed .13% BAC. Case resolved  for plea agreement of minimum 3 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.

Marin County DUI .23% BAC First Offense DUI High BAC Enhancement

Outcome: ENHANCEMENT DISMISSED. 3 MONTH DUI SCHOOL, Fine & 9 Days SWAP

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.

Marin County DUI .16% BAC Second Offense DUI Probation Violation High BAC Enhancement

Outcome: Enhancement Dismissed, Minimum Probation, 1 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  and four days of actual jail custody. License suspended for one year as a result of the probation violation.

Marin County  DUI .18% BAC First Offense DUI and High BAC Enhancement

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 a wrong turn on the freeway by the California Highway Patrol 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. 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. 

Marin County .11% BAC First Offense DUI

Outcome: Probation, Fine & DUI School. No Jail/SWAP

Description: Settled a first offense driving under the influence case in Marin County for three years of probation, fine of $1700 and 3 Month DUI School. Client stopped and charged with speeding. 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.  License suspended for thirty days with a 5 month restriction.

Marin County DUI .26% BAC First Offense DUI High BAC Enhancement

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 of three years probation, fine, nine month DUI school, NO JAIL AND NO SWAP.