DUI with speed enhancement reduced to "dry reckless"
People v. SV (Santa Barbara Superior Court, SB Courthouse, 2018)
Our client was pulled over for driving 108 miles per house in a 45 mph zone. After a roadside breath test showed a BAC of 0.09%, he was arrested and charged with misdemeanor DUI with a speed enhancement allegation as well as driving on a suspended license. With the speed allegation, he faced a minimum of 60 days in county jail. We investigated the case and discovered issues with the breath test. As a result, we were able to get the case reduced to a dry reckless with no jail time, no driver's license suspension, no alcohol program, and no AA Meetings.
DUI reduced to "exhibition of speed"
People v. TG (Los Angeles Superior Court, Metropolitan Courthouse, 2018)
Our client was pulled over for speeding and given a DUI breath test. The results showed a BAC of 0.11% and 0.12%, several percentage points above the legal limit. Based on those test results, she was charged with DUI under Vehicle Code 23152 (a) and (b). We reviewed the record and discovered several potential violations of California Title 17 regulations regarding DUI chemical tests. As a result, the prosecutor agreed to dismiss the DUI charges in exchange for a plea to an "Exhibition of Speed" under Vehicle Code 23109 (c). Our client was spared a DUI conviction, alcohol program, and court-triggered license suspension.
Two DUI convictions within 10 years expunged
People v. J.B. (Los Angeles Superior Court, Metropolitan Courthouse, 2017)
After two DUI convictions within a 10-year period at the same courthouse, our client was not entitled to an automatic expungement after successful completion of probation. We were able to present both judges with a strong rehabilitation package that persuaded them that expungements served the interests of justice. As a result, his record was entirely cleared.
No prison time for vehicular manslaughter & felony DUI with great bodily injury
People v. C.O. (Santa Barbara Superior Court, Rancho Cucamonga, 2017)
Our 23-year-old client was facing over eight (8) years in state prison after he was accused of causing a 90 mph fatal collision while driving with a 0.19% BAC. He was charged with vehicular manslaughter while intoxicated and felony DUI with great bodily injury.
After intensive investigation and cross-examination of the DMV's investigating officer, we discovered the officer had failed to follow proper procedure regarding blood and other evidence collection. Our client pleaded to a lesser offense and served six (6) months in county jail.
No jail time for felony DUI with great bodily injury
People v. Z.Z. (Santa Barbara Superior Court, Central Division, 2017)
Our client was looking at four (4) years in state prison after being charged with felony DUI with great bodily injury against four alleged victims. After we brought in an accident re-constructionist, forensic toxicologist, a neurologist, and other experts, the D.A. accepted a plea of one felony count with no jail time. At the end of the probationary period, our client can have the felony reduced to a misdemeanor.
License retained after traffic collision with 0.12% BAC
Matter of CC (DMV Driver Safety Office, City of Commerce, 2017)
Our client was arrested for DUI after being involved in a solo traffic collision. A post-arrest DUI breath test showed a 0.12% BAC. At her DMV license suspension hearing, we argued that the DMV did not meet its burden to show our client had a BAC of 0.08% or more at the time of driving. As a result, our client did not lose her license.
No jail time after third DUI with accident
People v. AK (L.A. Superior Court, Rancho Cucamonga, 2017)
After a third DUI arrest with a traffic collision, while on probation for a first DUI and with a second DUI still pending, our client was facing a mandatory minimum jail sentence of 120 days. We were able to settle the case with a plea agreement that allowed him to be sentenced to 45 days of community services instead of jail, but allowed to do just 23 total days of community labor.
License retained after DUI with 0.21% BAC
DMV Matter of DCM (DMV Driver Safety Office, City of Commerce, 2017)
Our client was arrested for DUI after being found asleep at the wheel at an intersection. A blood test showed a BAC of 0.21%, almost three times the legal limit. At the DMV license suspension hearing, we showed that the officer failed to execute the proper paperwork. As a result, our client did not lose his license.
DUI with 0.14% BAC reduced to wet reckless
People v. LG (Los Angeles Superior Court, West Covina, 2017)
We negotiated a plea bargain that allowed our client to plead guilty to a “wet reckless” instead of a DUI with a 0.14% BAC. A conviction for a DUI would have cost him his government job. Instead, he was able to keep his job and avoid having to install an ignition interlock device in his vehicle.
DUI of drugs reduced to dry reckless
People v. NG (Harbor Justice Center, Newport Beach, 2017)
Our client was arrested for driving under the influence of drugs, which could have cost him his position with the fire department. After we negotiated with the prosecutor, the charge was reduced to a "dry reckless," which allowed him to keep his job.
DUI with collision reduced to wet reckless with no jail time
People v. EM (L.A. Superior Court, Rancho Cucamonga, 2017)
Our client was arrested for DUI resulting in a traffic collision. His blood-alcohol level was alleged to be 0.09%. We negotiated a plea agreement to a "wet reckless," which allowed our client to do community labor and six (6) months of electronic alcohol monitoring instead of jail time.
No jail for traffic collision with 0.31% BAC
People v. SH (Los Angeles Superior Court, Airport, 2015)
Our client caused a traffic collision and blew a 0.31% BAC (nearly four times the legal limit) on a DUI breath test. The LA City Attorney charged our client with DUI and sought a 30-day jail sentence. We were able to negotiate a successful plea bargain, however, under which our client did alcohol education and community service and received no jail time.
No jail time for DUI and chemical test refusal
People v. NB (Los Angeles Superior Court, Long Beach, 2016)
Our client was arrested for DUI and speeding over 100 mph while her license was on DUI suspension. She refused a chemical test and was charged with a second DUI, a chemical test refusal, driving on a suspended license, and reckless speeding. After she failed to show in court, the prosecutor sought a lengthy jail sentence. Our client hired us and we negotiated a plea bargain under which the traffic and suspended license charges were dismissed. We were also to obtain a restricted driver's license for our client which allowed her to drive to work and to shop for groceries for her family.
DUI with 0.21% BAC -- charges dismissed
People v. D.R. (San Bernardino Superior Court, Rancho Cucamonga, 2016)
Several years ago, our client was charged with his 2nd DUI during a ten-year period. His DUI chemical test showed a BAC of 0.21%, almost three times the legal limit. Despite the test, we were able to negotiate the charges down to a dry reckless. As a result, when he got arrested on a new DUI this year, it was charged as a first offense. After we prevailed on a motion to suppress the evidence of his breath test results on the new charges (which showed a BAC of 0.14%), the case against him was dismissed.
No jail time for DUI while on DUI probation
People v. A.K. (San Bernardino Superior Ct., Rancho Cucamonga, 2016)
While on probation for his first DUI, our client was arrested for an alleged second DUI. He refused to submit to a chemical test and a forced blood draw showed a BAC of 0.12%. After we filed a motion to suppress the blood test evidence, the DA agreed to let our client plead to a reckless driving with community labor only (no jail time).
DUI dismissed for violation of constitutional rights
People v. R.S. (Los Angeles Superior Court, West Covina, 2016)
Our client was charged with DUI after a traffic stop. His blood test showed a BAC of 0.20%, over twice the legal limit. We brought a Serna motion on his behalf, arguing that our client's constitutional right to a speedy trial had been violated. The judge agreed and dismissed the case.
License retained after DUI while on DUI probation
DMV v. J.G. (CA DMV and L.A. Superior Ct., West Covina, 2016)
After a traffic stop, our client was charged with DUI, refusal to take a chemical test, and assault on a police officer. A forced blood draw showed the client's BAC at 0.18%, over twice the legal limit. The client had several probation violations on his record and was looking at a two (2)-year revocation of his driving privilege, which would have cost him his job. We prevailed at his DMV hearing. And in his criminal case, were able to prevail on a motion to suppress the evidence. (That motion is currently being appealed by the District Attorney's office.)
No license suspension on DUI charges after accident
People v. A.L. (CA DMV and Los Angeles Superior Court, El Monte, 2016)
After a car accident, our client was arrested for DUI. Evidentiary breath tests showed a BAC of 0.10%. With the assistance of an expert witness, we prevailed at the client's DMV license suspension hearing. Shortly afterward, the DA agreed to let her plead to a lesser charge with no suspension of her driver's license.
Blood test excluded in DUI "Watson Murder" case
People v. J.F. (Riverside County, Southwest Justice Center, 2016)
Our client was charged with a second degree "Watson Murder" based on DUI. At the preliminary hearing, our office challenged the constitutionality of the blood draw. The Judge agreed that our client's blood had been obtained without a warrant or the client's consent. Therefore, the illegally obtained blood evidence was suppressed.
Successful challenge to DUI breath test
DMV v. AA (EL Segundo DMV hearing, 2016)
Our underage client was arrested after two preliminary breath tests showed a BAC reading of 0.26% and 0.18%, well above the legal limit of .01% for drivers under age 21. We challenged the validity of the results based on violations of proper California breath testing procedures. The client's DMV action was set aside and she retained her driver's license rather than losing it for a year.