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505 Sansome Street San Francisco, California 94111

Case Results:

These results are in no way complete or typical. Although I have handled over 1000 DUI matters in the Bay Area, I have yet to complete a full listing of every DUI case I have managed through the years. Nonetheless, is my best effort to disclose to all potential DUI clients the types of results they can achieve when represented by my office. Every DUI case is different and every DUI client unique. Each case is handled with a specific stategy that is developed in the beginning of of the DUI process. Overall, I am confident that I can achieve an equal to or better result in your DUI case than any other DUI attorney in the San Francisco Bay Area. Remember, my case results are meant to provide insight for prospective clients. They are in no way a guarantee of a specific result in your unique case.

1/7/2015: SAN FRANCISCO COUNTY .10% BAC 1st OFFENSE DUI

Case Conclusion Date: January 7, 2015

Practice Area: DUI / DWI

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.

1/6/2015: SAN FRANCISCO COUNTY .19% BAC 1st OFFENSE DUI w/ COLLISION & ENHANCEMENT

Case Conclusion Date: January 6, 2015

Practice Area: DUI / DWI

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.

1/6/2015: SAN FRANCISCO COUNTY .16% BAC 1st OFFENSE DUI w/ HIGH BAC ENHANCEMENT

Case Conclusion Date: January 6, 2015

Practice Area: DUI / DWI 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 than willing to oblige my clients 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.

1/5/2015: SAN FRANCISCO COUNTY DUI EXPUNGEMENT PETITION

Case Conclusion Date: January 5, 2015

Practice Area: DUI / DWI

Outcome: Petition Granted: DUI CONVICTION DISMISSED

Description: In my first case of the New Year, I appeared this morning in San Francisco for a client now living in Florida who was convicted of a DUI back in 2011. I knew his case well since I was the DUI attorney who represented him back then and was flattered when he chose to retain me again to represent him for this matter. Client was a young college student when the DUI arrest happened and has worked hard to change his life since, now even applying to law schools. As it turns out, this conviction was preventing this client from obtaining employment, so it was critical that we get this singular conviction dismissed from his record.

Although the district attorney objected to the granting of the petition, I successfully argued the merits of the client’s sworn declaration (he wasn't able to attend himself and convinced the court to dismiss the case in the "interests of justice." With the DUI now dismissed, this young man's bright future can now be realized. What a great case to start the New Year!

7/11/2014: ALAMEDA COUNTY (OAKLAND) .15% BAC 1st OFFENSE DUI w/ COLLISION (UNDER 21)

Case Conclusion Date: July 11, 2014

Practice Area: DUI / DWI

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.

7/9/2014: SAN FRANCISCO COUNTY DUI EXPUNGEMENT PETITION

Case Conclusion Date: July 9, 2014

Practice Area: DUI / DWI

Outcome: Petition Granted & Reckless Driving Conviction Dismissed

Description:It was a busy day at the Hall of Justice, especially trying to get into Department 18 for an expungement petition for a former DUI client of mine in San Francisco. Truly, the real work was done by me when I represented him two years ago for his original DUI charge. In that case, I was able to get the DUI charges dismissed in exchange for a plea to the reduced charge of reckless driving. Although this was still a misdemeanor conviction, Client's probation was significantly reduced resulting in our eligibility for an expungment well before the standard three to five years that is required for a DUI conviction. Since the original reckless driving conviction only had an 18 month requirement, and the client had paid all his fines and completed his DUI School, he was now eligible for expungement. We appeared together today in Department 18 and the Honorable Kathleen Kelly granted our petition and signed the order which dismissed the client's only criminal conviction.

6/20/2014: ALAMEDA COUNTY (OAKLAND) .11% BAC 1st OFFENSE DUI

Case Conclusion Date: June 20, 2014

Practice Area: DUI / DWI

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!

6/19/2014: ALAMEDA COUNTY (FREMONT) .12% BAC 1st OFFENSE DUI w/ SPEED ENHANCEMENT

Case Conclusion Date: June 19, 2014

Practice Area: DUI / DWI

Outcome: DUI Charges 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.

6/16/2014: SAN FRANCISCO COUNTY .17% BAC 1st OFFENSE DUI w/ FORCED BLOOD DRAW "REFUSAL"

Case Conclusion Date: June 16, 2014

Practice Area: DUI / DWI

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.

6/16/2014: SAN FRANCISCO COUNTY .21% BAC 1st OFFENSE DUI w/ HIGH BAC ENHANCEMENT

Case Conclusion Date: June 16, 2014

Practice Area: DUI / DWI

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. Sometime 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 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.

6/12/2014: MARIN COUNTY (SAN RAFAEL) .12% BAC 1st OFFENSE DUI w/ MARIJUANA POSSESSION

Case Conclusion Date: June 12, 2014

Practice Area: DUI / DWI

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 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!

6/12/2014: MARIN COUNTY (SAN RAFAEL) .15% BAC 1st OFFENSE DUI w/ COLLISION & ENHANCEMENT

Case Conclusion Date: June 12, 2014

Practice Area: DUI / DWI

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!

6/12/2014: MARIN COUNTY (SAN RAFAEL) .14% BAC 1ST OFFENSE DUI

Case Conclusion Date: June 12, 2014

Practice Area: DUI / DWI

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.

6/9/2014: SAN MATEO COUNTY (REDWOOD CITY) .15% BAC 1st OFFENSE DUI

Case Conclusion Date: June 9, 2014

Practice Area: DUI

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.

5/29/2014: ALAMEDA COUNTY (PLEASANTON) .10% BAC 1st OFFENSE DUI

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 turned out 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.

5/28/2014: SAN FRANCISCO COUNTY .16% BAC 1st OFFENSE DUI w/ HIGH BAC ENHANCEMENT

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 client’s 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 DUI 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.

5/19/2014: SANTA CLARA COUNTY (PALO ALTO) .10% BAC 2nd OFFENSE DUI JURY TRIAL

Outcome: DUI CASE 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 jury 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!

5/15/2014: SAN MATEO COUNTY (REDWOOD CITY) .29% BAC 1st OFFENSE DUI w/ HIGH BAC ENHANCEMENT

Outcome: Minimum Probation Terms, NO JAIL or SWAP, $1000 FINE & ONLINE DUI SCHOOL

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 pickup 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 the 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.

5/7/2014: SAN FRANCISCO COUNTY DUI EXPUNGEMENT PETITION

Outcome: PETITION GRANTED & DUI CONVICTION DISMISSED

Description: Expungements of DUI convictions should be easy. Each county in the Bay Area has different procedures and hurdles for the successful DUI probationer, but no county makes it as difficult as San Francisco. Case in point. I represented Client for his second DUI case and successful obtained an early termination of probation and expungement of that conviction out of Alameda County. One would think that expunging the much older first offense DUI from San Francisco would be just a matter of loose ends....

Today, the court first advised me that the hearing was now at 10:30 a.m. and not 1:30 p.m. as was indicated on the court notice. As a result, Client wouldn't be able to make it to San Francisco in time to testify, BUT, that was OK because we were advised that the District Attorney wasn't objecting to the petition.

Of course, once the case was called, the DA sang a different tune and objected to the petition based on the fact that the Petitioner wasn't present to testify beyond his declaration and the obvious fact that a judge had already terminated his probation from his second case and expunged the conviction. After some creative maneuvering (that should have been completely unnecessary), I got the court to recognize the Alameda County ruling and GRANT THE PETITION over the DA's objection. Whew....All that just to end up where we should have been all along.

It’s very difficult and time consuming to get a DUI expungement petition filed, heard and granted in San Francisco. Yet, most DUI offenders have only one conviction of any kind on their criminal record. Since it can take several months to complete a DUI expungement petition in San Francisco, anyone with a criminal conviction of any kind, who is eligible, i.e. 1) have successfully completed probation; 2) have no outstanding probation requirements; and 3) are not presently on probation for another offence, should contact a skilled attorney to help them get the criminal conviction dismissed from their record.

5/2/2014: SAN FRANCISCO COUNTY .24% BAC 1st OFFENSE DUI w/ HIGH BAC ENHANCEMENT

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. By getting the three month DUI School, I was able to save client an additional five months of restricted driving, six months of DUI School and thousands of dollars.

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 that paid a lot more than he did for his DUI attorney (me). 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!

4/30/2014 SAN FRANCISCO COUNTY .17% BAC 1st OFFENSE DUI w/ COLLISION & HIGH BAC ENHANCEMENT

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

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 a 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.

4/22/2014: SAN MATEO COUNTY (REDWOOD CITY) PETITION FOR DUI CONVICTION EXPUNGEMENT

Outcome: PETITION GRANTED & DUI CONVICTION DISMISSED

Description: Without getting into too much detail here, this was a straightforward petition to expunge a conviction for reckless driving all because I was able to get the DUI charges dismissed for client two years earlier. Client rewarded my efforts by trusting me to handle his subsequent expungement petition which was granted and the entire case now dismissed.

4/21/2014: SAN MATEO COUNTY (REDWOOD CITY) .10% BAC 1st OFFENSE DUI

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 year’s 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!

4/17/2014: SANTA CLARA COUNTY (SAN JOSE) .17% BAC 2nd OFFENSE DUI w/ PROBATION LICENSE & SUSPENDED LICENSE

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 client’s 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.

4/17/2014: SANTA CLARA COUNTY (SAN JOSE) .14% BAC 1st OFFENSE DUI

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 nonprofit 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 was suspended by the 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 a 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.

4/17/2014: SANTA CRUZ COUNTY .21% BAC 3rd OFFENSE DUI w/ PROBATION VIOLATION & SUSPENDED LICENSE

Outcome: ENHANCEMENT DISMISSED & 180 DAYS HOUSE ARREST

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!

4/16/2014: CONTRA COSTA COUNTY (MARTINEZ) .09% BAC 1st OFFENSE DUI

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.

4/10/2014: SAN MATEO COUNTY (REDWOOD CITY) PETITION FOR EARLY TERMINATION OF DUI PROBATION & EXPUNGEMENT

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 scene 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 any more calls from private numbers for a while!

3/28/2014: ALAMEDA COUNTY (OAKLAND) .11% BAC 1st OFFENSE DUI

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.

3/28/2014: MARIN COUNTY (SAN RAFAEL) 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. 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.

3/28/2014: ALAMEDA COUNTY (OAKLAND) .18% BAC 1st OFFENSE DUI w/ HIGH BAC ENHANCEMENT

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.

3/28/2014: SAN MATEO COUNTY (REDWOOD CITY) DUI EXPUNGEMENT PETITION

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 to hire me for both his DUI and his expungement petition. Indeed, this is the only type of repeat customer I ever want to have!

3/19/2014: ALAMEDA COUNTY (OAKLAND) PUBLIC INTOXICATION MISDEMEANOR

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 and risking a DUI, 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.

3/18/2014: ALAMEDA COUNTY (OAKLAND) PETITION FOR EARLY TERMINATION OF DUI PROBATION & EXPUNGEMENT

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!

3/17/2014: SOLANO COUNTY (FAIRFIELD) PETITION FOR EARLY TERMINATION OF DUI PROBATION & EXPUNGEMENT

Outcome: PETITION GRANTED, DUI 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!

3/7/2014: ALAMEDA COUNTY (OAKLAND) .24% BAC 1st OFFENSE DUI w/ HIGH BAC ENHANCEMENT

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.

3/6/2014: SAN MATEO COUNTY (REDWOOD CITY) DUI EXPUNGEMENT PETITION

Description: We were really fortunate to get this petition granted as we did considering the situation. Client was a twenty something aspiring professional who was in a nasty collision on 101 and blew a .09% BAC. Ultimately, I was able to get clients DUI charges dismissed for a reduction to reckless driving which only had a two year probation term instead of the three years which is standard for a DUI in San Mateo County. One year into the probation, client was again arrested for DUI in Oakland (Alameda County), and again had a very low BAC of .08%. Instead of a probation violation and second offense DUI, I was able to get that case completely dismissed.

The dismissal on the second DU case from Oakland was critical as you cannot expunge a DUI conviction in California if you're presently on probation. After this long and winding road, Petition Granted, DUI dismissed and now a much wiser client will be able to compete for employment on level ground.

Everyone who as successfully completed their probation for a misdemeanor offense like DUI or reckless driving in California, can and should petition the Superior Court for expungement. Depending on the county and the position of the District Attorney regarding DUI convictions, the process can be daunting and take several months to complete. A successful expungement petition lasts a lifetime, however, and everyone convicted of a DUI should consult a qualified DUI attorney or lawyer who regularly prepares them.

3/6/2014: ALAMEDA COUNTY (FREMONT) .14% BAC 1st OFFENSE DUI w/ COLLISION

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 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.

3/5/2014: SAN FRANCISCO COUNTY .09% BAC 2nd OFFENSE DUI w/ PROBATION VIOLATION

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.

2/28/2014: SAN FRANCISCO COUNTY .18% BAC 1st OFFENSE DUI w/ HIGH BAC ENHANCEMENT

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."

2/27/2014: SAN MATEO COUNTY (REDWOOD CITY) .13% BAC 1st OFFENSE DUI w/ HIT & RUN COLLISION

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?

2/27/2014: SAN MATEO COUNTY (REDWOOD CITY) .31% BAC 2nd OFFENSE DUI w/ HIT & RUN COLLISION & PROBATION VIOLATION

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.

2/26/2014: ALAMEDA COUNTY (PLEASANTON) PETITION FOR EARLY TERMINATION OF DUI PROBATION & EXPUNGEMENT

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 can make a difference.

2/24/2014: SAN FRANCISCO COUNTY DUI PROBATION VIOLATION

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.

2/21: 2014 SAN MATEO COUNTY (REDWOOD CITY) PETITION FOR EXPUNGEMENT OF DUI CONVICTION

Outcome: PETITION GRANTED & DUI CONVICTION DISMISSED

Description: Client was represented by different lawyer for his DUI case who never really explained to him the DUI expungement process. As it turned out, Client was eligible for DUI expungement for years, but nevertheless came to find that he needed the DUI conviction expunged now. I did my best to expedite the petition and in the end, made it on time. DUI conviction dismissed.

2/20/2014: OAKLAND DMV HEARING AND DRIVER RE-EXAMINATION

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!

2/20/2014: ALAMEDA COUNTY (OAKLAND) POSSESSION OF OPEN ALCOHOL CONTAINER

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.

2/20/2014: ALAMEDA COUNTY (OAKLAND) .11% BAC 1st OFFENSE DUI w/ COLLISION

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.

2/20/2014: ALAMEDA COUNTY (OAKLAND) .14% BAC 1st OFFENSE DUI

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.

2/19/2014: OAKLAND DMV .09% BAC 1st OFFENSE DUI LICENSE SUSPENSION HEARING

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.

2/7/2014: SAN FRANCISCO COUNTY DUI PROBATION VIOLATION

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!

1/31/2014: SONOMA COUNTY 1st OFFENSE DUI "REFUSAL" (JURY TRIAL)

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.

1/29/2014: SAN FRANCISCO COUNTY .10% BAC 1st OFFENSE DUI

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.

1/22/2014: SAN FRANCISCO COUNTY DUI EXPUNGEMENT PETITION

Outcome: PETITION GRANTED & DUI CONVICTION DISMISSED

Description: I've said it before, but I think I appreciate these expungement cases the most. Case in point, I represented this client for a San Francisco DUI case in 2011 which resulted in a DUI conviction. Client was a school teacher who successfully completed probation and then moved to the East Coast. Although the San Francisco District Attorney's Office now summarily objects to all DUI expungement petitions (unlike all other misdemeanor cases), which ultimately requires a finding that the expungement would be "in the interests of justice," we nevertheless succeeded by preparing a well written declaration from the client. As a result, he did not have to appear personally for the formal hearing on the matter and the petition was granted over the DA's objection. It's another example where District Attorney's treat DUI cases differently that all other misdemeanors. Most unfairly, too, in my opinion. This client, like 90% of my clients, made a mistake, learned from the mistake and will never be in the criminal justice system again. The fact that he hired me again to handle his expungement, even though he was convicted of the DUI in the underlying case, is a true compliment to the work I do and greatly appreciated.

1/22/2014: ALAMEDA COUNTY (OAKLAND) .25% BAC 1st OFFENSE DUI w/ FELONY CHILD ENDANGERMENT (COLLISION)

Outcome: 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.

1/22/2014: ALAMEDA COUNTY (OAKLAND) .21% BAC 1st OFFENSE DUI w/ ENHANCEMENT

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.

1/17/2014: CONTRA COSTA COUNTY (MARTINEZ) .10% BAC 2nd OFFENSE DUI w/ PROBATION VIOLATION

Outcome: DUI CHARGES DISMISSED & CASE REDUCED TO RECKLESS DRIVING

Description: 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.

1/17/2014: SAN FRANCISCO COUNTY UNDER 21 "ZERO TOLERANCE" 1st OFFENSE DUI (INFRACTION)

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!

12/30/13: ALAMEDA COUNTY (OAKLAND) PETITION FOR EARLY TERMINATION OF DUI PROBATION & EXPUNGEMENT (2ND OFFENSE)

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!

12/12/2013: ALAMEDA COUNTY (OAKLAND) .08% BAC 1st OFFENSE DUI

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.

12/9/2013: SAN FRANCISCO COUNTY .18% BAC 1st OFFENSE DUI w/ COLLISION & ENHANCEMENT

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!

12/9/2013: ALAMEDA COUNTY (OAKLAND) .20% BAC 1st OFFENSE DUI (FELONY) w/ INJURY COLLISION & ENHANCEMENT

Outcome:MISDEMEANOR DUI, NO JAIL, NO DUI SCHOOL & NO SWAP

Description:The long and winding road of a case. This young man is enlisted in the United States military and had a night of drinking with his buddies in Fremont. After making the horrible decision to drive, he rolled his pick up truck rendering it totaled and injuring one of his drunk passengers. Client arrested by Fremont Police Department for a FELONY injury causing DUI which landed him in Santa Rita. A subsequent blood test came back a .20% BAC thus qualifying him for the additional enhancement of excessive BAC above .15%. After securing client's release from custody, I began the process of moving the case from Fremont to Oakland. Although the venue transfer was a contested matter and the DA fought me tooth and nail, the judge granted the motion and in Oakland, I was able to secure a remarkable settlement result which took into account the client's service to our country, his relative youth and the fact that the injuries were minor and the passengers willingly became intoxicated with and got into the vehicle. Today, the case settled as a MISDEMEANOR and the client received the minimum probation of three years, fine of $1,964, NO DUI SCHOOL REQUIRED AND NO JAIL, SWAP OR COMMUNITY SERVICE. Client's license suspended for six months, but he was willing to give up driving in California anyway.

12/4/2013: SAN FRANCISCO COUNTY HIT & RUN MISDEMEANOR: CVC 20001(a) (TWO COUNTS)

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.

11/19/2013: SAN FRANCISCO COUNTY .16% BAC 1st OFFENSE DUI w/ COLLISION ENHANCEMENT

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.

11/19/2013: ALAMEDA COUNTY (PLEASANTON) .28% BAC 1st OFFENSE DUI w/ ENHANCEMENT

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.

11/14/2013: SAN MATEO COUNTY (REDWOOD CITY) .12% BAC 1st OFFENSE DUI

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.

11/14/2013: SAN MATEO COUNTY (REDWOOD CITY) .23% BAC 1st OFFENSE DUI w/ ENHANCEMENT

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.

10/30/2013: SAN FRANCISCO COUNTY DUI EXPUNGEMENT PEITITON

Outcome: PETITION GRANTED: DUI CONVICTION DISMISSED

Description: I represented this client in 2011 for a San Francisco DUI arrest and successfully negotiated a disposition which resulted in a dismissal of the DUI charges in exchange for a plea to reckless driving. The sentence was basically cut by one half and client only received 18 months of informal court probation. Upon successful completion, this client rewarded me with the opportunity to handle his petition to expunge his criminal conviction. Although the process in San Francisco is more burdensome than any other Bay Area County for a DUI expungement, the court found after listening to my client's testimony, that the interests of justice would be best served if the petition was granted. As a result, my clients previous "no contest" plea was withdrawn and substituted with "not guilty" and his criminal case dismissed. If he gets a second DUI (not likely) he can still be prosecuted as such. For his future immigration and employment applications, he likely won't need to disclose. A successful business CEO once told me that the most important component for deal is a "win/win" situation. This DUI case and petition felt about a close to a win/win as I see in DUI law.

10/18/2013: MARIN COUNTY .21% BAC 1st OFFENSE DUI w/ COLLISON, FELONY CHILD ENDANGERMENT & ENHANCEMENT

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.

10/17/2013: ALAMEDA COUNTY (OAKLAND) .17% BAC 1st OFFENSE DUI

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.

10/17/2013: ALAMEDA COUNTY (OAKLAND) .12% BAC 1st OFFENSE DUI

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.

10/16/2013: SAN FRANCISCO COUNTY .34% BAC 1st OFFENSE DUI w/ HIGH BAC ENHANCEMENT

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.

10/16/2013: SAN FRANCISCO COUNTY .09% BAC 1st OFFENSE DUI

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.

10/10/2013: ALAMEDA COUNY (FREMONT) .13% BAC 1st OFFENSE DUI

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.

10/9/2013: SAN FRANCISCO COUNTY TRAFFIC BENCH TRIAL

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.

10/9/2013: SAN FRANCISCO COUNTY .09% BAC 1st OFFENSE DUI

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.

10/9/2013: SAN FRANCISCO COUNTY PETITION FOR EARLY TERMINATION OF DUI PROBATION & EXPUNGEMENT

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!

10/9/2013: SAN FRANCISCO COUNTY DUI EXPUNGEMENT PETITION

Outcome: PETITION GRANTED: DUI CONVICTION DISMISSED

Description: There's really no greater compliment or review a client can provide than trusting the same lawyer to handle his or her expungement petition after a DUI conviction. Case in point: I represented this client in 2010 for a high BAC DUI and he was ultimately convicted. Client was sentenced to three years of probation which he completed successfully. After months of waiting for our hearing (which is typical in San Francisco) we finally appeared today in Department 18 and with some cajoling, convinced the District Attorney not to oppose our petition. As a result, the petition was granted and client's DUI conviction was DISMISSED. I truly appreciate these petition cases because they demonstrate a fact that I fundamentally believe that the first DUI is a MISTAKE more than it is a crime and MOST of these individuals never drink and drive again and should not be treated differently than everyone else.

10/9/2013: SAN MATEO COUNTY (REDWOOD CITY) .11% BAC 1st OFFENSE DUI

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.

10/7/2013: SAN MATEO COUNTY (REDWOOD CITY) .15% BAC 1st OFFENSE DUI

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.

10/7/2013: SAN FRANCISCO COUNTY .14% BAC 1st OFFENSE DUI

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.

9/13/2013: MARIN COUNTY .10% BAC 1st OFFENSE DUI

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.

9/10/2013: SAN FRANCISCO COUNTY TRAFFIC BENCH TRIAL (PRO BONO)

Outcome: INFRACTION DISMISSED AT BENCH TRIAL FOR NO DRIVING POINT

Description: Honestly, I don't usually handle traffic ticket cases, and it shows. For example, several lawyers have rave reviews on YELP.com, but these reviews require full disclosure (UNLESS YOUR SOME OTHER LAWYER OR A FAKE WRITING FALSE REVIEWS)...ANYWAY, traffic ticket cases are less serious and as a result folks write lots of reviews. Hopefully, I can get one here.....I took this illegal left turn case for a friend from Church. Unfortunately the officer appeared for the trial, BUT, we negotiated a disposition where client would pay a $285 ticket, BUT FOR NO MOVING VIOLATION AND NO TRAFFIC SCHOOL. Actually a great result which was obtained Pro-Bono and I hope to get a positive yelp review to counteract the completely false one that was probably written by a bored lawyer who'd rather slander a successful one than analyze why people don't want to hire him or her. Anyway, no money here, but as lawyers, we have an obligation to do pro-bono cases and I take that responsibility seriously.

9/9/2013: ALAMEDA COUNTY (OAKLAND) .09% BAC 1st OFFENSE DUI

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.

9/5/2013: ALAMEDA COUNTY (PLEASANTON) .10% BAC 1st OFFENSE DUI

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.

9/4/2013: SAN FRANCISCO COUNTY .22% BAC 2nd OFFENSE DUI w/ PROBATION VIOLATION & ENHANCEMENT

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

8/23/2013: ALAMEDA COUNTY (OAKLAND) 1st OFFENSE DUI DRUGS (ECSTACY)

Outcome: DUI CHARGES DISMISSED: CASE REDUCED TO "DRY" RECKLESS

Description: Client was a young girl who consumed ecstacy 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 an attorney!

8/23/2013: ALAMEDA COUNTY (OAKLAND) .21% BAC 2nd OFFENSE DUI w/ ENHANCEMENT

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!

8/22/2013: ALAMEDA COUNTY (HAYWARD) .23% BAC 1st OFFENSE DUI w/ ENHANCEMENT

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")

8/22/2013: ALAMEDA COUNTY (HAYWARD) .19% BAC w/ ENAHANCEMENT & EVASION CHARGES

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!

8/13/2013: ALAMEDA COUNTY (OAKLAND) .13% BAC 1st OFFENSE DUI w/ COLLISION

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.

7/30/2013: SAN MATEO COUNTY (REDWOOD CITY) .18% BAC 2nd OFFENSE DUI w/ ENHANCEMENT

Outcome: 2ND OFFENSE DUI SETTLES FOR A 1ST OFFENSE DUI & ENHANCEMENT STRICKEN

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.

7/20/2013: SAN MATEO COUNTY (REDWOOD CITY) .15% BAC 2nd OFFENSE DUI

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.

7/17/13: SAN MATEO COUNTY (REDWOOD CITY) .10% BAC 1st OFFENSE DUI (UNDER 21)

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!

7/10/2013: ALAMEDA COUNTY (OAKLAND) .10% BAC 1st OFFENSE DUI

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!

6/13/2013: ALAMEDA COUNTY (HAYWARD) .12% BAC 3rd OFFENSE DUI

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.

6/13/2013: ALAMEDA COUNTY (HAYWARD) .11% BAC 1st OFFENSE DUI

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.

6/13/2013: ALAMEDA COUNTY (HAYWARD) .15% BAC 1st OFFENSE DUI

Outcome: Probation Granted: 3yr, $1963 Fine, 3 month DUI School, 1 DAY 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.

6/12/2013: SAN FRANCISCO COUNTY .18% BAC 1st OFFENSE DUI w/ ENHANCEMENT

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.

6/5/2013: ALAMEDA COUNTY (OAKLAND) .31% BAC 1st OFFENSE DUI w/ HIT AND RUN ENHANCEMENT

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").

6/3/2013: SAN MATEO COUNTY (SSF) DUI EXPUNGEMENT PETITION

Outcome: Petition Granted. DUI Conviction Dismissed

Description: I'm a firm believer that the best way to be successful is to achieve results. This case highlights that philosophy in that I represented client in 2011 for a DUI case that I was able to get reduced to reckless driving and WIN THE DMV HEARING. Client received reduction to two years probation and was thrilled with the result. So much so that he retained me again in 2013 to have the reckless driving conviction expunged from his criminal record. The petition was granted today and his criminal record is now clean again. Although I won't see him again, I see the lesson in getting the best results today so the client will want to hire you again, or refer you in the future.

6/3/2013: SAN FRANCISCO COUNTY .13% BAC 1st OFFENSE DUI

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.

6/3/2013: SAN FRANCISCO COUNTY .13% BAC 1st OFFENSE DUI

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.

5/29/2013: SAN MATEO COUNTY (SSF) DUI EXPUNGEMENT PETITION

Outcome: Petition Granted. DUI Conviction Dismissed

Description: Again, the highest honor a DUI lawyer can receive from a client is to be hired again, this time for the expungement. I filed a Petition for Dismissal for this client whom I represented in 2010 and obtained a reduction of her DUI in South San Francisco to reckless driving. Today, the court granted our petition and the criminal conviction was dismissed thus returning the client back to the non-criminal record state that she was in before this one time mistake occurred. These petitions are always rewarding in that I get to see the changes that occur through positive probation experiences. Everyone should know that DUI probationers NOT RE-OFFENDING is the norm, not the other way around.

5/29/2013: SAN FRANCISCO COUNTY .22% BAC 2nd OFFENSE DUI w/ COLLISION

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.

5/29/2013: SAN FRANCISCO COUNTY .30% BAC 1st OFFENSE DUI

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

5/29/2013: SAN FRANCISCO COUNTY DUI EXPUNGEMENT PETITION

Outcome: Petition Granted. DUI Conviction Dismissed

Description: Today, I appeared in Department 18 at the Hall of Justice for a former client that I represented in 2007 that was convicted of a DUI after being involved in a collision and having a BAC in excess of .15%. The client had truly learned a life lesson from the case and although the District Attorney objected to the petition, the court granted the expungement and as a result the DUI conviction will be dismissed from client's criminal record thus giving him, a fifty year old dad, a clean record once more.

5/27/2013: CONTRA COSTA COUNTY (WALNUT CREEK) .15% BAC 1st OFFENSE DUI

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.

5/20/2013: CONTRA COSTA COUNTY (MARTINEZ) DUI EXPUNGEMENT PETITION

Outcome: Petition Granted. DUI Conviction Dismissed

Description: This case came to me by way of my prior representation of this client for a DUI in Walnut Creek in 2009. He entrusted my office to handle his expungement petition work which we did and over the probation department's objection the petition was granted and the DUI conviction dismissed.

5/20/2013: MARIN COUNTY SPEEDING INFRACTION TRIAL

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.

5/20/2013: CONTRA COSTA COUNTY (MARTINEZ) DUI EXPUNGEMENT PETITION

Outcome: Petition Granted. DUI Conviction Dismissed

Description: I represented client for DUI arrest in 2009 and since her breath test was .16% BAC, she was ultimately convicted and received probation. Client successfully completed probation, but had moved from the Bay Area. My office nevertheless represented her for the expungement of her DUI conviction in Martinez. Although the District Attorney objected, we succeeded and the DUI conviction was dismissed from her record and now a good person gets second chance.

5/9/2013: ORANGE COUNTY (WESTMINSTER) TRAFFIC VIOLATION TRIAL

Outcome: TRAFFIC SCHOOL REQUEST GRANTED AT TRIAL

Description: In my second legal adventure in Orange County this year, I appeared for a trial de novo (new trial) for a moving violation infraction (rolling a stop sign) for a client who desperately needed to avoid the additional point on her driving record. Although the officer appeared making a dismissal nearly impossible, I successfully made a pitch that the client should be allowed traffic school even though she really got two bites at the apple with her two trial attempts. The request was granted and client ordered traffic school. Although she will have to pay the traffic school fine and forfeit her previously posted bail amount, she will not, however, take on the additional point to her driving record.

5/9/2013: ALAMEDA COUNTY (OAKLAND) MINOR IN POSSESSION ("MIP") MISDEMEANOR

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 olds 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.

5/8/2013: SAN FRANCISCO COUNTY DUI EXPUNGEMENT PETITION

Outcome: Petition Granted. DUI Conviction Dismissed

Description: While working for a "premier state-wide DUI Defense Firm" in 2007, I met the present client and helped her settle her .20% BAC 1st Offense DUI in San Francisco. Client had the confidence in my and my staff to forego retaining the FIRM and instead went with me again. Although DUI expungement petitions are now the MOST DIFFICULT misdemeanor petitions in San Francisco right now, we got the petition granted today and the client's DUI was dismissed from her record. When it comes to expungements, ESPECIALLY IN SAN FRANCISCO, it's critical that your lawyer knows the process. Otherwise, these petitions can get bogged down for months that turn into years. Not so here and I'm sure this client learned her lesson and will never be back again.

5/8/2013: MARIN COUNTY DUI EXPUNGEMENT PETITION

Outcome: Petition Granted. DUI Conviction Dismissed

Description: I represented client in 2008 when he got his first and only DUI in San Rafael. Client honored me by retaining my office to represent him for an expungement petition of this 2008 conviction. The petition was granted and his DUI conviction on his criminal record was "dismissed." Hopefully this final step will resolve this mistake for a good person who I know will never make the same mistake again.

4/29/2013: SOLANO COUNTY (FAIRFIELD) .16% BAC 1st OFFENSE DUI w/ ENHANCEMENT

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.

4/24/2013: SAN FRANCISCO COUNTY .08% BAC 2nd OFFENSE DUI w/ COLLISION & INJURIES

Outcome: Probation Granted: 5yr, NO JAIL, 40 days Home Detition, 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.

4/22/2013: SAN FRANCISCO COUNTY .14% BAC 1st OFFENSE DUI

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.

4/19/1013: SACRAMENTO COUNTY DUI EXPUNGEMENT PETITION

Outcome: Petition Granted. DUI Conviction Dismissed

Description: Client had worked with me in 2007 for a prior DUI case in which ultimately he was convicted. Having completed all the terms of his court probation, client was eligible to have the conviction expunged or dismissed from his criminal record. We worked diligently to prepare a sworn declaration so he would not have to appear in court and the petition was granted and his DUI conviction dismissed. Since we're all capable of making a mistake (especially once), the court did the right thing in granting this petition for a worthy and reformed client.

4/18/2013: ALAMEDA COUNTY (OAKLAND) .20% BAC 1st OFFENSE FELONY DUI w/ INJURIES & COLLISION

Outcome: 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.

4/18/2013: ALAMEDA COUNTY (OAKLAND) MISDEMEANOR HIT & RUN

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.

4/18/2013: ALAMEDA COUNTY (OAKLAND) .13% BAC 1st OFFENSE DUI

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.

4/17/2013: SAN FRANCISCO COUNTY DUI EXPUNGEMENT PETITION

Outcome: Petition Granted. DUI Conviction Dismissed

Description: I represented client in 2010 for a DUI in which he received three years of probation. Client completed all the terms of probation, but needed to get the conviction expunged so client could be more competitive in the workforce. We filed a Petition for Early Termination of Probation with a declaration from the client as he lived 2,000 miles away. Unfortunately, that petition was denied. Undaunted, we again filed, only this time a Petition for Dismissal, which was ultimately granted and client's DUI conviction hence dismissed. San Francisco County has made DUI expungement petitions more and more difficult, but with persistence, they should all be eventually granted for the successful probationer.

4/16/2013: SAN MATEO COUNTY (REDWOOD CITY) .13% BAC 1st OFFENSE DUI

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.

4/16/2013: SAN MATEO COUNTY (SSF) .22% BAC 1st OFFENSE DUI w/ COLLISION & ENHANCEMENT

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.

4/10/2013: SACRAMENTO COUNTY .14% BAC 2nd OFFENSE DUI

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 optomistic 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" duirng 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?

4/5/2013: ALAMEDA COUNTY (PLEASANTON) PETITION FOR EARLY TERMINATION OF DUI PROBATION & EXPUNGEMENT

Outcome: PETITION GRANTED. DUI PROBATION TERMINATED & CONVICTION EXPUNGED

Description: I represented client for DUI in Pleasanton in late 2010. Although I was able to get the DUI charges dismissed, he accepted a plea to reckless driving and received three years of court probation. Circumstances have changed for him and he now finds himself looking for work and facing the dreaded question: "have you ever been convicted of a crime, misdemeanor or felony?" Although six months away from termination of his probation, the time is now especially for finding work. Petitions for Early Termination of DUI Probation are rarely granted, but I was optomistic about our chances and we filed the petition along with a petition for a dismissal of the reckless driving conviction (expungement). Today, the court granted our petition and the underlying conviction was dismissed (expunged). I'm grateful that my office was able to help a good person in need and my associate Reve Bautista was instrumental in making this happen. This case was an excellent example of how strategic teamwork and coordination with the client can achieve a extraordinary result.

4/4/2013: ALAMEDA COUNTY (OAKLAND) .08% BAC 1st OFFENSE DUI

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.

3/29/2013: SAN FRANCISCO COUNTY .22% BAC 2nd OFFENSE DUI JURY TRIAL VERDICT

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 misdemanors), 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 wa 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!

3/28/2013: SANTA CLARA COUNTY (PALO ALTO) .13% BAC 1st OFFENSE DUI

Outcome: Probation Granted: Three Years Probation, Fine $1,904, Three Month DUI Schoool & 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.

3/25/2013: MERCED COUNTY (LOS BANOS) .17% BAC 1st OFFENSE DUI w/ REFUSAL ENHANCEMENT

Outcome: Probation Granted: $2,160, NO DUI SCHOOL ORDERED

Description: Kind of an unusual 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...

3/21/2013: TUOLUMNE COUNTY (SONORA) .21% BAC 3rd OFFENSE DUI w/ COLLISION & SUSPENDED LICENSE

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 aftected by the down turn in the economy and went skiing (and drinking) to espcape 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 (convertable 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.

3/14/2013: SAN FRANCISCO COUNTY .11% BAC 1st OFFENSE DUI

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 commiting 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.

3/14/2013: CONTRA COSTA COUNTY (WALNUT CREEK) .07% BAC 1st OFFENSE DUI (UNDER 21)

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).

3/13/2013: SAN FRANCISCO COUNTY PETITION FOR EARLY TERMINATION OF DUI PROBATION & EXPUNGEMENT

Outcome: PETITION GRANTED. PROBATION TERMINATED EARLY & DUI CONVICTION DISMISSED

Description: I represented Client in 2010 for a high BAC DUI case. Afterward, he had the confidence in me to retain me again to petition the court for an early termination of his DUI probation so we could get the conviction expunged from his criminal record and allow him to seek employment and U.S. Citizenship. I argued the petiton last year and we were unsuccessful. Today, with the help of my associate Reve Bautista, we tried again (without requesting another fee from the client), and were successful. These petitions are hard to win, so this was a rewarding result for a good client and person. By the way, the expungement petition was granted as well and he no longer needs to admit that he was ever convicted of a DUI.

3/12/2013: ALAMEDA COUNTY (OAKLAND) .27% BAC 1st OFFENSE DUI w/ COLLISION & ENHANCEMENT

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.

3/8/2013: SAN MATEO COUNTY (REDWOOD CITY) DUI EXPUNGEMENT PETITION

Outcome: PETITION GRANTED. DUI CONVICTION DISMISSED

Description: Client was referred to me by a former client to help him with a nagging DUI conviction that he had on his record from 2000. To me, there's no greater compliment from a client than a referral to a friend. That said, I prepared the expungement petition and it was ultimately granted thus clearing this client's criminal record and allowing him to answer "no" to the omnipresent question of "have you ever been convicted of a misdemeanor." Now 13 years down the line with no further trouble, this person really deserves to be free from his one time mistake.

3/6/2013: SAN MATEO COUNTY (SSF) .13% BAC 1st OFFENSE DUI

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.

3/5/2013: SAN FRANCISCO COUNTY .21% BAC 1st OFFENSE DUI w/ ENHANCEMENT

Outcome: ENHANCEMENT DISMISSED & THREE MONTH DUI SCHOOL

Description: Client was a licensed professional who had hit the dumps with a bad relationship and attemped 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.

3/5/2013: SAN FRANCISCO COUNTY .19% BAC 2nd OFFENSE DUI w/ ENHANCEMENT

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.

3/4/2013: ALAMEDA COUNTY (OAKLAND) .07% BAC 1st OFFENSE UNDER 21 DUI/DMV HEARING

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 officere "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....

2/11/2013: ALAMEDA COUNTY (OAKLAND) .21% BAC 2nd OFFENSE DUI DMV APS HEARING

Outcome: DMV "SET ASIDE" NO ADMINISTRATIVE SUSPENSION

Description: Client stopped and arrested for second DUI by the CHP and submitted to breath sample of .21% BAC. A funny thing happened on the way to the forum, however, and the officer failed to get TWO admissible samples. As a result, an otherwise tough case turned into A DMV WIN AND SET ASIDE. You never know how a DMV case will end up until you make your request and review the evidence!

1/31/2013: ALAMEDA COUNTY (OAKLAND) .21% BAC 2nd OFFENSE DUI w/ ENHANCEMENT

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.

1/29/2013: SANTA CLARA COUNTY (SAN JOSE) .10% BAC 1st OFFENSE DUI

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 vehilce 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 transfered 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.

1/23/2013: SAN FRANCISCO COUNTY DUI EXPUNGEMENT PETITION

Outcome: PETITION GRANTED. DUI CONVICTION DISMISSED

Description: I represented Client for a high BAC DUI case in 2006 and she was convicted in the Superior Court. Since her conviction, the Client attended law school and was even clerking for a judge. She learned a valuable lesson from her DUI and having completed all the terms and conditions of her DUI probation was eligible to have the conviction removed from her criminal record. Today, the petition was granted in Department 18 and the underlying DUI conviction dismissed. It was a highly rewarding result because I'm a firm believer that these DUI incidents happen to GOOD PEOPLE, i.e. non-criminals and often are mistakes that aren't repeated. For these people, they deserve the chance to have the record cleared and I'm happy to have helped.

1/9/2013: SAN MATEO COUNTY (REDWOOD CITY) DUI EXPUNGEMENT PETITION

Outcome: PETITION GRANTED. DUI CONVICTION DISMISSED

Description: I represented Client for DUI charges in 2009 and he was regrettable convicted. Nevertheless, he again retained me, only this time to clean his record with an expungement petition. As he had successfully completed all the terms of his probation, the petition was granted and his DUI conviction was subsequently DISMISSED, allowing him to again claim that he had never been convicted of a misdemeanor on his record.

1/8/2013: ALAMEDA COUNTY (OAKLAND) 647(F) PUBLIC INTOXICATION MISDEMEANOR

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 DISMISSSED.

1/8/2012: ALAMEDA COUNTY (OAKLAND) .10% BAC 1st OFFENSE DUI

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.

12/31/2012: SANTA CLARA COUNTY (SAN JOSE) .14% BAC 1st OFFENSE DUI

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.

12/18/2012: SAN FRANCISCO COUNTY .17% BAC 1st OFFENSE DUI w/ ENHANCEMENT

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.

12/7/2012: SAN MATEO COUNTY (SSF) .13% BAC 1st OFFENSE DUI

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.

12/6/2012: ALAMEDA COUNTY (HAYWARD) .11% BAC 1st OFFENSE DUI

Outcome: DUI CHARGES DISMISSED & CASE REDUCED TO RECKLESS DRIVING, IGNITION INTERLOCK DEVICE ("IID")

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.

12/6/2012: ALAMEDA COUNTY (HAYWARD) .19% BAC 1st OFFENSE DUI w/ ENHANCEMENT

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 redcued sentence which most attorneys wouldn't get in my opinon. So, it felt good to help.

12/5/2012: CONTRA COSTA COUNTY (WALNUT CREEK) .20% BAC 1st OFFENSE DUI w/ ENHANCEMENT

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 minmum 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.

11/30/2012: SAN FRANCISCO COUNTY .22% BAC 1st OFFENSE DUI w/ COLLISION (UNDER 21)

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.

11/30/2012: SAN FRANCISCO COUNTY .15% BAC 2nd OFFENSE DUI w/ COLLISION

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.

11/30/2012: SAN MATEO COUNTY (REDWOOD CITY) .10% BAC 1st OFFENSE DUI

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 apprroximately $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.

11/27/2012: SAN FRANCISCO COUNTY .08% BAC DMV SUSPENSION HEARING

Outcome: DMV SET ASIDE. NO LICENSE SUSPENSION & NO SR-22

Description: Client's 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!

11/27/2012: ALAMEDA COUNTY (OAKLAND) ASSAULT & BATTERY MISDEMEANOR

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.

11/20/2012: ALAMEDA COUNTY (HAYWARD) .13% BAC 1st OFFENSE DUI w/ FELONY PROBATION VIOLATION

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").

11/15/2012: SANTA CRUZ COUNTY .10% BAC 1st OFFENSE DUI & DRIVING ON SUSPENDED LICENSE

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.

11/14/2012: SAN MATEO COUNTY (SSF) .10% BAC 1st OFFENSE DUI

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 breat tests came in at .10% BAC, district attorney was obstinant 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 likley 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 continung his work at home and discretely resolve his case without anyone in his home state learning of it.

11/13/2012: CONTRA COSTA COUNTY (WALNUT CREEK) .17% BAC 1st OFFENSE DUI w/ ENHANCEMENT

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 eligiblity 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.

11/8/2012: ALAMEDA COUNTY (OAKLAND) .12% BAC 1st OFFENSE DUI

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!

11/8/2012: ALAMEDA COUNTY (OAKLAND) .27% BAC 1st OFFENSE DUI w/ ENHANCEMENT

Outcome: Probation Granted, THREE MONTH DUI SCHOOL & NO SWAP

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 NO SWAP. 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.

11/6/2012: ALAMEDA COUNTY (OAKLAND) .14% BAC 1st OFFENSE DUI

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!

11/6/2012: SAN MATEO COUNTY (SSF) .20% BAC 1st OFFENSE DUI w/ ENHANCEMENT

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.

11/2/2012: SAN FRANCISCO COUNTY .14% BAC 1st OFFENSE DUI

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.

10/31/2012: ALAMEDA COUNTY (PLEASANTON) .18% BAC 1st OFFENSE DUI w/ ENHANCEMENT

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."

10/30/2012: MARIN COUNTY 1st OFFENSE DUI (DRUGS) w/ POSSESSION

Outcome: Possesion 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.

10/25/2012: SAN FRANCISCO COUNTY .24% BAC 1st OFFENSE DUI w/COLLISION (FELONY)

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 devistating felony and prison time, so the result was still an excellent bargain. Client's license will be suspended by DMV for one full year.

10/19/2012: SAN FRANCISCO COUNTY .14% BAC 1st OFFENSE DUI

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.

10/18/2012: SAN MATEO COUNTY (REDWOOD CITY) .15% BAC 2nd OFFENSE DUI w/COLLISION

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.

10/16/2012: SAN FRANCISCO COUNTY .20% BAC 1st OFFENSE DUI w/COLLISION

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.

10/16/2012: SAN FRANCISCO COUNTY .09% BAC 1st OFFENSE DUI

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.

10/15/2012: SANTA CLARA COUNTY (PALO ALTO) DUI EXPUNGEMENT PETITION

Outcome: PETITON GRANTED. DUI CONVICTION DISMISSED

Description: I previously represented client in 2009 for DUI case which in which he was convicted. Client completed probation and retained me to Petition the court for Expungement of his criminal conviction. The process takes a long time, so finally the petition was granted and his DUI conviction dismissed. Client no longer will have to answer "yes" to the "have you ever been convicted" question. First offense DUI's are MISTAKES, and the court should recognize it when a person learns and adjusts their behavior.

10/11/2012: CONTRA COSTA COUNTY (RICHMOND) .15% BAC 1st OFFENSE DUI

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.

10/10/2012: SAN FRANCISCO COUNTY .22% BAC 1st OFFENSE DUI w/ FELONY DRUG POSSESSION

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!

10/4/2012: ALAMEDA COUNTY (OAKLAND) .10% BAC 3rd OFFENSE DUI

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!

10/4/2012: ALAMADA COUNTY (OAKLAND) .14% BAC 1st OFFENSE DUI

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.

10/3/2012: SAN FRANCISCO COUNTY DUI EXPUNGEMENT PETITION

Outcome: PETITON GRANTED. DUI CONVICTION DISMISSED

Description: I represented a client over three years ago for a DUI in which she had been convicted (her BAC was in excess of .20%). Nevertheless, she completed probation and now needed the conviction expunged from her criminal record. Although the expungement process in San Francisco for DUI's is incredibly burdensome and that the District Attorney objected, we were successful and the the petition was granted and thus cleaned the record of an otherwise reformed individual.

10/2/2012: SAN FRANCISCO COUNTY .15% BAC 2nd OFFENSE DUI

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").

10/2/2012: ALAMEDA COUNTY (OAKLAND) .09% BAC 2nd OFFENSE DUI

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.

10/2/2012: SANTA CLARA COUNTY (PALO ALTO) DUI EXPUNGEMENT PETITION

Outcome: PETITON GRANTED. DUI CONVICTION DISMISSED

Description: Client was convicted of DUI in 2006, but only recently realized the tremendous benefit of expungement. I represented her for this matter and after great efforts, the petition was granted and her DUI conviction dismissed.

9/25/2012: SANTA CLARA COUNTY (SAN JOSE) .17% BAC 1st OFFENSE DUI w/ COLLISION

Outcome: Probation Granted: THREE MONTH DUI SCHOOL, 8 Days SWAP

Description: Client is a small and petite woman of barely 100 lbs 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.

9/21/2012: CONTRA COSTA COUNTY (WALNUT CREEK) FELONY DOMESTIC VIOLENCE

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.

9/18/2012: ALAMEDA COUNTY (OAKLAND) .10% BAC 2nd OFFENSE DUI

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").

9/18/2012: ALAMEDA COUNTY (OAKLAND) .08% BAC 1st OFFENSE DUI

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.

9/12/2012: SAN MATEO COUNTY (SSF) PETITION FOR FACTUAL INNOCENCE

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 innocense. 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.

9/12/2012: SAN MATEO COUNTY (SSF) .13% BAC 1st OFFENSE DUI

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 particpate 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 reuirement 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.

9/6/2012: SAN FRANCISCO COUNTY .21% BAC 1st OFFENSE DUI w/ INJURY COLLISION

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 intially with felony DUI (injuries), refusal and high BAC enhancements. Today, I helped this troubled young man resove 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 dosen't come back again

8/24/2012: SAN FRANCISCO COUNTY .21% BAC 1st OFFENSE DUI

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.

8/24/2012: SAN FRANCISCO COUNTY .10% BAC 1st OFFENSE DUI

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.

8/23/2012: CONTRA COSTA COUNTY (RICHMOND) .21% BAC 1st OFFENSE DUI

Outcome: ENHANCEMENT DISMISSED & THREE MONTH DUI SCHOOL

Description: Client stopped for driving without headlights and subsequently tested on breath device which registerd 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 restriced for five months.

8/20/2012: SAN FRANCISCO COUNTY .05% BAC 1st OFFENSE UNDER 21 DUI TRIAL

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.

8/8/2012: SAN FRANCISCO COUNTY PETITION FOR EARLY TERMINATION OF DUI PROBATION & EXPUNGEMENT

Outcome: PETITION GRANTED. PROBATION TERMINATED AND DUI CONVICTION DISMISSED

Description: Former client was convicted of his second offense DUI with a high blood alcohol allegation about three years ago and received five years of probation. Client completed all terms of his probation and graduated from college. Unfortunately, he was precluded an internship because of his conviction and probation. We filed a Petition for Early Termination of Probation and although the district attorney objected, the court ruled in our favor allowing us to have his DUI conviction expunged. A rewarding result for a deserving client.

8/7/2012: MARIN COUNTY .09% BAC 1st 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 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.

8/3/2012: CONTRA COSTA COUNTY (RICHMOND) .21% BAC 1st OFFENSE DUI

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").

8/3/2012: NAPA COUNTY PETITION TO SEAL AND DESTROY ARREST RECORDS

Outcome: Petition Denied

Description: I represented client previously for a drunk in public bar fight misdemeanor which was dismissed at Pre-Trial Conference. We argued, albeit unsuccessfully, that she was factually innocent of the charges as there existed the possible defense that she was drugged (involuntary intoxication negates mental state). The District Attorney objected and while it was a clearly a close call for the judge, he eventually ruled against us and the records of the arrest will not be sealed.

8/1/2012: SAN FRANCISCO COUNTY EARLY TERMINATION OF DUI PROBATION PETITION

Outcome: Petition Denied

Description: Today, I appeared in Department 18 for a client I represented approximately a year and a half ago for DUI with a BAC in excess of .20%. Client wanted early termination of probation so he could get his conviction expunged and help him get a better job. Unfortunately, the petition was denied as the court found that he needed to complete more than one half of the probation and that his reason for the petition was insufficient (he already had a job and was only trying to get a better one). We'll give it another try once he's finished two thirds probation! Not all cases end how you like but I report the losses as well as the victories.

7/19/2012: SAN MATEO COUNTY (REDWOOD CITY) DUI EXPUNGEMENT PETITION

Outcome: PETITION GRANTED. DUI CONVICTION DISMISSED

Description: I previously represented client for DUI in San Mateo County in 2009 and she was convicted and received three years of probation. Having completed all of the terms of her probation, she became eligible to have the conviction expunged from her criminal record. She subsequently retained me again for this purpose and the petition was granted and her no contest plea set aside and conviction dismissed. Accordingly, she no longer has to disclose that she was convicted of a crime. Having clients return to me and/or refer others to my office is truly the greatest compliment!

7/19/2012: ALAMEDA COUNTY (OAKLAND) .12% BAC 1st OFFENSE DUI

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.

7/18/2012: SAN MATEO COUNTY (SSF) .16% BAC 1st OFFENSE DUI w/ ENHANCEMENT

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.

7/17/2012: SOLANO COUNTY (VALLEJO) .19% BAC 1st OFFENSE DUI

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.

7/16/2012: SAN FRANCISCO COUNTY .09% BAC 1st OFFENSE DUI

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.

7/15/2012: CONTRA COSTA COUNTY (PITTSBURG) .29% BAC 1st OFFENSE FELONY DUI w/ INJURIES

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 (duiring 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.

7/11/2012: SOLANO COUNTY (FAIRFIELD) .17% BAC 1st OFFENSE DUI

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.

6/29/2012: MARIN COUNTY .43% BAC 1st OFFENSE DUI & .28% BAC 2nd OFFENSE DUI w/ INJURY

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 wa again waived because of MONEY. Client suffered a two year actual suspension of her license as a result.

6/28/2012: SAN MATEO COUNTY (REDWOOD CITY) .13% BAC 1st OFFENSE DUI

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.

6/27/2012: SAN FRANCISCO COUNTY .10% BAC 2nd OFFENSE DUI

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.

6/27/2012: SAN FRANCISCO COUNTY .21% BAC 1st OFFENSE DUI w/ HIT AND RUN (COLLISION)

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.

6/26/2012: SAN FRANCISCO COUNTY .23% BAC 1st OFFENSE DUI w/ ENHANCEMENT

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 ususally 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.

6/26/2012: SAN FRANCISCO COUNTY .13% BAC 1st OFFENSE DUI

Outcome: Probation Granted, $1,959 Fine, 3 month DUI School, NO JAIL OR SWAP

Description: Client stoppoed 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.

6/14/2012: ALAMEDA COUNTY (OAKLAND) 1st OFFENSE DUI REFUSAL

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 convice 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!

6/14/2012: ALAMEDA COUNTY (OAKLAND) .12% BAC 1st OFFENSE DUI

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").

6/14/2012: ALAMEDA COUNTY (OAKLAND) .15% BAC 1st OFFENSE DUI

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 drivng. 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.

6/14/2012: CONTRA COSTA COUNTY (WALNUT CREEK) .10% BAC 4th OFFENSE DUI w/ COLLISION

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.

6/12/2012: SAN FRANCISCO COUNTY .11% BAC 1st OFFENSE DUI

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. Subsequentl 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.

6/12/2012: SAN FRANCISCO COUNTY FAILURE TO STOP (INFRACTION) BENCH TRIAL

Outcome: Case Dismissed

Description: Well, I don't handle a lot of traffic cases, but when the client needs it, there I am. I represented client for DUI in San Francisco, but at the time, he also had a pending traffic ticket for running a stop sign. Client wasn't eligible for traffic school and although I got his DUI reduced to a reckless driving, he still was carrying too many points on his DMV record. So, we fought this ticket and ended the bench trial with a DISMISSAL.

6/8/2012: MARIN COUNTY .11% BAC 1st OFFENSE DUI w/ OPEN CONTAINER

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.

6/6/2012: ALAMEDA COUNTY (OAKLAND) .11% BAC 3rd OFFENSE DUI w/ PROBATION VIOLATION

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.

5/31/2012: SANTA CLARA COUNTY (PALO ALTO) DUI EXPUNGEMENT PETITION

Outcome: PETITION GRANTED. DUI CONVICTION EXPUNGED

Description: I represented client for DUI in Santa Clara County in 2008 and he was regrettably convicted of DUI. Client successfully completed all of the terms and conditions of his probation and we filed a petition for dismissal (expungement). Although the case took forever, we finally suceeded and the case was subsequently dismissed.

5/30/2012: SAN FRANCISCO COUNTY .26% BAC 1st OFFENSE DUI

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.

5/15/2012: SAN FRANCISCO COUNTY DUI EXPUNGEMENT PETITION

Outcome: PETITON GRANTED. RECKLESS DRIVING CONVICTION DISMISSED

Description: I represented client well in 2010 and was able to get her .09% BAC first offense DUI reduced to a reckless driving plea. As a result, she received only 18 months of probation instead of three to five years. Once she completed her probation, we filed a petition for dismissal (expungement). The process in San Francisco has become increasingly difficult for petitioners, but we pushed forward and the petition was successful and resulted in a dismissal of her conviction and cleared her criminal record. All probationers should get their convictions expunged promptly after completing probation.

5/16/2012: SAN MATEO COUNTY (SSF) .25% BAC 1st OFFENSE DUI w/ COLLISION

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.

5/15/2012: CONTRA COSTA COUNTY (WALNUT CREEK) .20% BAC 1st OFFENSE DUI w/ COLLISION

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.

4/27/2012: SAN MATEO COUNTY (SSF) .11% BAC 1st OFFENSE DUI

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.

4/27/2012: SAN MATEO COUNTY (SSF) .08% BAC 1st OFFENSE DUI w/ COLLISION

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 breat 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.

4/27/2012: SAN MATEO COUNTY (SSF) .16% BAC 1st OFFENSE DUI w/ ENHANCEMENT & OPEN CONTAINER

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.

4/24/2012: SAN FRANCISCO COUNTY .10% BAC 1st OFFENSE DUI w/ COLLISION & INJURIES (FELONY)

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.

4/18/2012: ALAMEDA COUNTY (OAKLAND) PETITION TO REVOKE DUI PROBATION

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

4/16/2012: ALAMEDA COUNTY (OAKLAND) .18% BAC 2nd OFFENSE DUI w/ ENHANCEMENT

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.

4/16/2012: CONTRA COSTA COUNTY (PITTSBURG) .22% BAC 2nd OFFENSE DUI

Outcome: DMV Hearing Won; Probation Granted, ony 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 commerical 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 indefinately, restricted license available after one year.

4/12/2012: CONTRA COSTA COUNTY (RICHMOND) .10% BAC 1st OFFENSE DUI w/ SPEED ENHANCEMENT

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 reckelss 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.

4/10/2012: SAN FRANCISCO DMV .16% BAC 1st OFFENSE ADMINISTRATIVE PER SE HEARING

Outcome: DMV SET ASIDE. NO LICENSE SUSPENSION & NO SR-22

Description: Client arrested for DUI and blood test returned result of .16% BAC. Client was stopped on the side of the road with a disabled vehicle, so we were able to win by arguing that the CHP officer failed to establish the TIME OF DRIVING, thus the three hour presumption did not apply. Since I was able to get a reckless driving plea in the criminal case, Client suffered NO LICENSE SUSPENSION AND NO SR-22 REQUIREMENT!

4/10/2012: SANTA CLARA COUNTY (SAN JOSE) .19% BAC 1st OFFENSE DUI w/ ENHANCEMENT

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.

4/5/2012: SAN FRANCISCO COUNTY .19% BAC 1st OFFENSE DUI w/ ENHANCEMENT & COLLISION

Outcome: ENHANCEMENT DISMISSED. 3 MONTH DUI SCHOOL, $1,979 fine and 5 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 eligiblity for a five month restriction.

4/4/2012: SAN MATEO COUNTY (REDWOOD CITY) .24% BAC 1st OFFENSE DUI w/ ENHANCEMENT & COLLISION

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.

4/4/2012: SAN MATEO COUNTY (REDWOOD CITY) .20% BAC 2nd OFFENSE DUI w/ ENHANCEMENT

Outcome: ENHANCEMENT DISMISSED & NO ACTUAL JAIL. Probation, Fine, School & 29 SWAP

Description: Client had previously been convicted of a "wet" reckless in 2003. Unfortuantely, 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 sucessfully 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.

4/2/2012: SAN FRANCISCO COUNTY .16% BAC 1st OFFENSE DUI w/ ENHANCEMENT

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.

4/2/2012: SAN FRANCISCO COUNTY .20% BAC 1st OFFENSE DUI w/ ENHANCEMENT

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.

4/2/2012: SAN FRANCISCO COUNTY .14% BAC 1st OFFENSE DUI

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.

4/2/2012: SAN MATEO COUNTY (SSF) PETITION FOR EARLY TERMINATION OF DUI PROBATION & EXPUNGEMENT

Outcome: PETITION GRANTED. DUI PROBATION TERMINATED & EXPUNGED

Description: Client was convicted of DUI and received three years of probation. He is now graduating from school and seeking a position in a narrow employment field. Although I did not represent him for his DUI case, he hired me to petition the court for early termination of his probation so that his conviction could be expunged. He completed less than half of his probation and San Mateo County is the home of most unreasonable District Attorney's Office in the Bay Area, so the outlook wasn't good. That said, the most honorable court, unlike the D.A., did justice and granted the early termination and expungement. Even the San Mateo County D.A.'s office can't escape justice every time! A well earned and rewarding result.

3/29/2012: NAPA COUNTY FIGHTING IN PUBLIC (647i) MISDEMEANOR

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 misdeanor 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.

3/14/2012: SAN FRANCISCO COUNTY .22% BAC 1st OFFENSE DUI & SUSPENDED LICENSE

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.

3/13/2012: ALAMEDA COUNTY (OAKLAND) .12% BAC BLOOD 1st OFFENSE DUI

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.

3/13/2012: ALAMEDA COUNTY (OAKLAND) .13% BAC 1st OFFENSE DUI

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 primarly 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".

3/5/2012: MARIN COUNTY .13% BAC 1st OFFENSE DUI UNDER 21

Outcome: Probation Granted: Fine of $1,876, NO SWAP, 3 Month DUI School; NO JAIL OR SWAP

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.

3/1/2012: SAN FRANCISCO COUNTY .19% BAC 2nd OFFENSE DUI w/ COLLISION

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.

3/1/2012: SAN FRANCISCO COUNTY .09% BAC 1st OFFENSE DUI

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.

2/28/2012: ALAMEDA COUNTY (OAKLAND) .11% BAC 1st OFFENSE DUI

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.

2/27/2012: MARIN COUNTY .09% BAC 1st OFFENSE DUI w/ CONSTRUCTION ZONE 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. 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.

2/22/2012: SANTA CLARA COUNTY (PALO ALTO) .12% BAC 1st OFFENSE DUI

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.

2/22/2012: SAN MATEO COUNTY (REDWOOD CITY) .09% BAC 1st OFFENSE DUI

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.

SAN FRANCISCO COUNTY .26% BAC 1st OFFENSE DUI w/ COLLISION

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.

2/15/2012: SAN FRANCISCO COUNTY TEMPORARY RESTRAINING ORDER "TRO" HEARING

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 seperated. 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 orignally offered nothing and was unemployed and basically judgment proof.

2/10/2012: ALAMEDA COUNTY (OAKLAND) 3rd OFFENSE DUI w/ PROBATION VIOLATION

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 probaton, 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.

2/10/2012: SAN FRANCISCO .09% BAC 1st OFFENSE DUI DMV HEARING VICTORY

Outcome: LICENSE SUSPENSION "SET ASIDE"" NO SR-22, NO 3 MONTH DUI SCHOOL. NO LICENSE SUSPENSION!

Description: Client was stopped for weaving within his lane and submitted to breath tests of .08% and .09% BAC. We retained forensic toxicologist Halle Weingarten to provide expert testimony at the Administrative Per Se ("APS") hearing at the DMV and later won a "set aside." Accordingly, Client's license was NEVER SUSPENDED, NO SR-22 REQUIRED AND NO THREE MONTH DUI SCHOOL. DMV hearings are won RARELY, so this was quite a success for a deserving client.

2/8/2012: SAN MATEO COUNTY (REDWOOD CITY) .09% BAC 1st OFFENSE DUI

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.

2/3/2012: ALAMEDA COUNTY (HAYWARD) DUI EXPUNGEMENT PETITION

Outcome: PETITON GRANTED. DUI CONVICTION DISMISSED

Description: Client arrested and convicted of DUI in 1988 while on Grateful Dead tour. Now in 2011, she was denied for a loan because of this outstanding conviction on her record. Although too late to help her with her present situation, I filed a petition for expungement of the DUI conviction which was granted in Department 518. Accordingly, the prior DUI conviction was dismissed. This case is the perfect example as to why one should get their conviction expunged as soon as possible as you never know when it might come back to haunt you.

2/2/2012: SAN FRANCISCO COUNTY .11% BAC 1st OFFENSE DUI

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.

1/27/2012: CONTRA COSTA COUNTY (RICHMOND) .12% BAC 1st OFFENSE DUI

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 privilge 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.

1/26/2012: SAN FRANCISCO COUNTY .22% BAC 1st OFFENSE DUI w/ HIGH BAC ENHANCEMENT

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!

1/19/2012: ALAMEDA COUNTY DMV NEGLIGENT OPERATOR SUSPENSION HEARING

Outcome: SUSPENSION SET ASIDE. PROBATIONARY LICENSE GRANTED

Description: Today I appeared with my client at the Driver's Safety Office in Oakland before hearing officer Molnar. Client had accured six points in a twelve month period and faced a six month license suspension. My client and I appeared personally and pursuaded the hearing officer to grant a probationary license, thus the suspension was set aside.

1/19/2012: ALAMEDA COUNTY .11% BAC UNDER 21 1st OFFENSE DUI DMV HEARING

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!

1/12/2012: SAN FRANCISCO COUNTY .26% BAC 3rd OFFENSE DUI w/ REFUSAL ALLEGATION

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.

1/10/2012: SAN FRANCISCO COUNTY .11% BAC 1st OFFENSE DUI

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.

1/9/2012: ALAMEDA COUNTY (HAYWARD) .19% BAC 1st OFFENSE DUI w/ HIGH BAC ENHANCEMENT

Outcome: Probation Granted, $1,810 Fine, THREE MONTH DUI SC HOOL, 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 sucessfully 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").

1/5/2012: ALAMEDA COUNTY (PLEASANTON) .13% BAC 1st OFFENSE DUI

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.

12/20/2011: SAN MATEO COUNTY (REDWOOD CITY) .11% BAC 1st OFFENSE DUI

Outcome: Probation Granted, $1,805 Fine, 3 Month DUI School, 2 SWAP

Description: Client was stopped by the San Mateo County Sherff 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.

12/16/2011: ALAMEDA COUNTY (OAKLAND) .11% BAC 1st OFFENSE DUI (UNDER 21)

Outcome: DUI CHARGES DISMISSED. CASE REDUCED TO RECKLESS DRIVING

Description: Client is 19 year old college student who is stopped by the CHP for making a sudden lane change and speeding 80mph in a 55mph zone. Four straight breath tests returned BAC of .11%. I appeared on the case multiple times only receiving a DUI offer. I knew we could do better if we set a new date, and we did just that. Client received dismissal of DUI and pled "no contest" to reckless driving. Client received reduced sentence of two years informal probation, fine of $993, three month DUI school and NO JAIL OR SWAP. DMV hearing pending but we have a good chance of saving the license now that the criminal case resolved as the arresting officer failed to complete the DMV DS 367 completely. I well earned result for a good kid.

12/9/2011: MARIN COUNTY .09% BAC 1st OFFENSE DUI JURY TRIAL.

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.

11/29/2011: ALAMEDA COUNTY (OAKLAND) .08% BAC 1st OFFENSE DUI

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.

11/23/2011: SAN MATEO COUNTY (REDWOOD CITY) .13% BAC 2nd OFFENSE DUI w/ PROBATION VIOLATION

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.

11/22/2011: SANTA CLARA COUNTY (SAN JOSE) .13% BAC 1st OFFENSE DUI

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.

11/22/2011: SANTA CLARA COUNTY (SAN JOSE) PETTY THEFT CASE

Outcome: SENTENCE REDUCED: Probation, Fine & 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.

11/21/2011: SOLANO COUNTY (FAIRFIELD) DRIVING ON SUSPENDED LICENSE POST 2ND DUI

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/inexpensived 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 reistated 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.

11/9/2011: MARIN COUNTY .18% BAC 1st OFFENSE DUI w/ HIGH SPEED 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 (<.15%) enhancement DISMISSED.

11/7/2011: SAN FRANCISCO COUNTY .10% BAC BLOOD TEST 1st OFFENSE DUI

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 luckly. Client suffered four month administrative suspension but appeal is pending.

11/7/2011: SANTA CLARA COUNTY (PALO ALTO) .12% BAC 1st OFFENSE DUI

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.

11/3/2011: ALAMEDA COUNTY (PLEASANTON) .12% BAC 1st OFFENSE DUI

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").

11/2/2011: SAN MATEO COUNTY (SSF) .14% BAC 1st OFFENSE DUI w/ HIGH SPEED

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.

11/2/2011: SAN FRANCISCO COUNTY .12% BAC 1st OFFENSE DUI

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.

11/1/2011: SAN MATEO COUNTY (SSF) DUI EXPUNGEMENT PETITION

Outcome: PETITON GRANTED. DUI CONVICTION DISMISSED

Description: I represented client in 2008 and she regrettably was convicted of DUI. After successfully completing her probation, we filed a petition to expunge her conviction. The petition was granted and her case ordered dismissed.

11/1/2011: SAN FRANCISCO DMV "REFUSAL" CASE ADMINISTRATIVE APPEAL

Outcome: REFUSAL SUSPENSION REVERSED

Description: Client suffered a one year license suspension based on the officer's report that the blood draw in the case was non-consensual and a "forced" refusal. Although we argued the fact strongly, the hearing officer upheld the one year refusal suspension. We appealed the decision and by so doing were able to negotiate a thirty day suspension with five month restriction. Client EXTREMELY happy. APS reviews rarely are successful.

10/31/2011: ALAMEDA COUNTY (OAKLAND) .13% BAC 1st OFFENSE DUI

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.

10/28/2011: SAN MATEO COUNTY DUI EXPUNGEMENT PETITION

Outcome: PETITON GRANTED. DUI CONVICTION DISMISSED

Description: I represented client for DUI in 2007. He completed all the terms of his probation, so we filed a petition to expunge his conviction. The petition was granted and his criminal case was ordered DISMISSED.

10/17/2011: SAN FRANCISCO COUNTY .11% BAC 1st OFFENSE DUI

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.

10/17/2011: CONTRA COSTA COUNTY (WALNUT CREEK) DUI EXPUNGEMENT PETITION

Outcome: PETITON GRANTED. RECKLESS DRIVING CONVICTION DISMISSED

Description: I represented client for DUI in 2008 on a .11% BAC breath case. We successfully got the DUI charge dismissed, won the DMV hearing and reduced the criminal case to "reckless driving" conviction which resulted in a shorter ( 2 v.s. 3 year) term of probation. After the successful completion of probation, I represented client for expungment petition which resulted in an Order of Dismissal. For most purposes, the client no longer will have to disclose the conviction as the case has now been ordered dismssed.

10/14/2011: ALAMEDA COUNTY (OAKLAND) .12% BAC 2nd OFFENSE DUI

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").

10/13/2011: SAN FRANCISCO COUNTY .13% BAC 1st OFFENSE DUI

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 sucessfully negotiated a "wet" reckless for minmum 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.

10/11/2011: SAN FRANCISCO COUNTY .26% BAC 1st OFFENSE DUI

Outcome: CRIMINAL CASE DISMISSED. NO ACTUAL LICENSE SUSPENSION

Description: Military client charged with DUI while observed changing a tire on the highway. DUI invesitgation 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.

10/11/2011: SAN FRANCISCO COUNTY .08% BAC 1st OFFENSE DUI

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.

10/8/2011: SAN FRANCISCO COUNTY .11% BAC 1st OFFENSE DUI

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.

10/5/2011: SAN FRANCISCO COUNTY DUI EXPUNGEMENT PETITION

Outcome: PETITON GRANTED. RECKLESS DRIVING CONVICTION DISMISSED

Description: I represented client in 2008 and obtained a reduction to reckless driving on her DUI arrest. Client completed probation and we filed a petition to expunge her criminal record which was granted in Department 18. She no longer has to report any conviction and has completely moved on after her DUI arrest.

10/4/2011: SAN FRANCISCO COUNTY .20% BAC 1st OFFENSE DUI w/ ENHANCEMENT

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.

10/4/2011: SAN FRANCISCO COUNTY .21% BAC 1ST OFFENSE DUI w/ REFUSAL ALLEGATION

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 failes 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.

9/28/2011: SAN FRANCISCO COUNTY .20% BAC 2nd OFFENSE DUI w/ PROBATION VIOLATION

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.

9/28/2011: ALAMEDA COUNTY (HAYWARD) .15% BAC BLOOD 1ST OFFENSE DUI

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.

9/27/2011: SAN FRANCISCO COUNTY FELONY DRUG (COCAINE) POSSESSION

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.

9/23/2011: ALAMEDA COUNTY (OAKLAND) .17% BAC 2nd OFFENSE DUI w/ COLLISION & REFUSAL

Outcome: NO JAIL OR SWAP. Probation, $1,813 fine, 18 month DUI school.

Description: Client arreted 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 accomodated 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.

9/23/2011: ALAMEDA COUNTY (OAKLAND) .12% BAC 3rd OFFENSE DUI

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.

9/20/2011: SAN MATEO COUNTY (REDWOOD CITY) .18% BAC 1st OFFENSE DUI w/ ENHANCEMENT

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.

9/20/2011: SAN MATEO COUNTY (SSF) .13% BAC 3rd FELONY DUI

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.

9/19/2011: SAN MATEO COUNTY (SSF) .20% BAC 1st OFFENSE DUI w/ ENHANCEMENT

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.

9/9/2011: ALAMEDA COUNTY (OAKLAND) .16% BAC 1st OFFENSE DUI (UNDER 21)

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.

9/5/2011: SAN FRANCISCO COUNTY .14% BAC 1st OFFENSE DUI

Outcome: CRIMINAL 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.

8/22/2011: CONTRA COSTA COUNTY (WALNUT CREEK) DUI EXPUNGEMENT PETITION

Outcome: PETITON GRANTED. RECKLESS DRIVING CONVICTION DISMISSED

Description: I represented client in 2008 for .12% BAC first offense DUI. As I was able to succesfully negotiate a reckless driving conviction v.s. DUI, client received short two year probation term. As a result, we were able to file this petition to expung the conviction and the court orderd the prior case "dismissed.

8/19/2011: SAN MATEO COUNTY (SSF) .14% BAC 2nd OFFENSE DUI

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").

8/16/2011: SAN MATEO COUNTY (REDWOOD CITY) DUI EXPUNGEMENT PETITION

Outcome: PETITON GRANTED. RECKLESS DRIVING CONVICTION DISMISSED

Description: I represented client for DUI charge in 2009 and successfully negotiated a reduction to reckless driving and won his DMV hearing. In 2011, he completed his probation and we successfully petitioned the court for an expungement of his prior conviction. Petition was granted and client's criminal record subsequently cleared of any conviction.

8/5/2011: SAN MATEO COUNTY (SSF) DUI EXPUNGEMENT PETITION

Outcome: PETITION GRANTED. DUI CONVICTION DISMISSED

Description: In 2007, I helped a client settle his DUI case in San Mateo County. Once he completed his probation term of three years, he retained me to prepare his petition paperwork and secure a signed court order of dismissal. The "expungement" which is the final legal piece to the DUI procedural puzzle.

8/3/2011: MARIN COUNTY .13% BAC 1ST OFFENSE DUI

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.

7/29/2011: ALAMEDA COUNTY (OAKLAND) .13% BAC 1ST OFFENSE DUI

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 sucessfully 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.

7/27/2011: CONTRA COSTA COUNTY (WALNUT CREEK) .26% BAC 2nd OFFENSE DUI COLLISION

Octcome: Probation Granted, $1876 fine, 18 month DUI School, 31 days HOME DETENTION

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.

7/27/2011: ALAMEDA COUNTY (OAKLAND) .15% BAC 1ST OFFENSE DUI

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.

7/26/2011: NAPA COUNTY .11% BAC 1ST OFFENSE DUI

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.

7/25/2011: SAN MATEO COUNTY (SSF) .32% BAC 1ST OFFENSE DUI w/ HIGH BAC ENHANCEMENT

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 misdeanor 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.

7/20/2011: ALAMEDA COUNTY (OAKLAND) .10% BAC 1ST OFFENSE DUI

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.

7/19/2011: ALAMEDA COUNTY (PLEASANTON) .17% BAC 1ST OFFENSE DUI w/ HIGH BAC ENHANCEMENT

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.

7/18/2011: SAN FRANCISCO COUNTY .09% BAC 1ST OFFENSE DUI

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 suspenion 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.

7/15/2011: SAN FRANCISCO COUNTY .30% BAC 1ST OFFENSE DUI w/ HIGH BAC ENHANCEMENT

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.

7/13/2011: SAN FRANCISCO EARLY TERMINATION OF DUI PROBATION AND EXPUNGEMENT PETITION

Outcome: PETITION GRANTED. PROBATION TERMINATED AND DUI CONVICTION DISMISSED

Description: I represented this individual for DUI in San Francisco in 2009. His case was successfully settled for a "wet" reckless in spite of the fact that his breath BAC was a .11%. Half way through with a three year probation term, client needed early release from probation so we could expunge his conviction prior to his application for a new job. Although I was actually hit by an unlicensed driver on my way to court resulting in destruction of my scooter and a while out of the office, we were successful with the petition on time and his criminal conviction was ultimately dismissed.

7/12/2011: SAN MATEO COUNTY (REDWOOD CITY) .17% BAC 1ST OFFENSE DUI w/ HIGH BAC ENHANCEMENT

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.

6/10/2011: SAN MATEO COUNTY (SSF) RESISTING ARREST CONVICTION EXPUNGEMENT PETITION

Outcome: Petiton Granted. CASE DISMISSED.

Description: In 2004, a DUI client of mine was convicted of resisting arrest and drunk in public. He never got the conviction expunged and was not eligible because he had been arrested for another DUI. I successfully obtained a dismissal in the pending DUI case which allowed me to sneak in an expungement of his prior resisting arrest. The petition was subsequently granted and client's former case dismissed.

6/9/2011: SAN MATEO COUNTY (SSF) .08% BAC 1st OFFENSE DUI

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.

6/8/2011: SONOMA COUNTY 1ST OFFENSE DUI w/ REFUSAL ENHANCEMENT

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 highl 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.

6/7/2011: CONTRA COSTA COUNTY (WALNUT CREEK) .17% BAC 1ST OFFENSE DUI w/ HIGH BAC ENHANCEMENT

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.

6/3/2011: ALAMEDA COUNTY (OAKLAND) .20% BAC 1ST OFFENSE DUI w/ HIGH BAC ENHANCEMENT

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.

6/3/2011: SACRAMENTO COUNTY DUI EXPUNGEMENT PETITION

Outcome: PETITON GRANTED. DUI CONVICTION DISMISSED

Description: Client retained my office to expunge his conviction for DUI in Sacramento County, a case which I did not represent him. Petition was successful and granted thus clearing client's conviction record.

5/27/2011: SAN MATEO COUNTY RECKLESS DRIVING AND TRAFFIC CASE

Outcome: CASE DISMISSED

Description: My client was a graduating senior at U.C. Berkeley and was stopped speeding on his way to his ceremony. Officers charged him with misdemeanor reckless driving. After appearing several times in this case and monitoring it for over a year, the case was dismissed.

5/23/2011: SAN MATEO COUNTY (REDWOOD CITY) .12% BAC 1ST OFFENSE DUI w/ DMV PRIOR

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 speedng 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 managable result for a difficult situation.

5/20/2011: ALAMEDA COUNTY (OAKLAND) .13% BAC 2ND OFFENSE DUI

Outcome: Probation Granted, $1,813 Fine, 18 Month School, NO ACTUAL JAIL

Description: This wa 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.

5/19/2011: CONTRA COSTA COUNTY (RICHMOND) .08% BAC 2ND OFFENSE DUI

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 Coutny. If either county learned of the other case, my Client faced a third offense DUI with a mandatory minumum 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.

5/18/2011: SAN MATEO COUNTY (SSF) .30% BAC 1ST OFFENSE DUI w/ HIGH BAC ENHANCEMENT

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 postive 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 nonethless portray my Client in a favorable light and we successfuly 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.

5/17/2011 SAN FRANCISCO COUNTY .03% BAC 1ST OFFENSE UNDER 21 DUI

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 adminstratively, 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.

5/12/2011 MARIN COUNTY .23% BAC 1ST OFFENSE DUI w/ HIGH BAC ENHANCEMENT

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).

5/11/2011: SAN MATEO COUNTY (SSF) .08% BAC 1ST OFFENSE DUI

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.

5/11/2011: SAN MATEO COUNTY (SSF) DUI EXPUNGEMENT PETITION

Outcome: PETITON GRANTED. DUI CONVICTION DISMISSED

Description: In 2007, I defended a client charged with DUI in Redwood City. Regrettably, the client was convicted of a violation of Vehicle Code Section 23152(b), driving with a blood alcohol concentration greater than .08%. In 2011, I again represented client for the preparation of a Petition for Dismissal (expungment) of his 2007 DUI conviction. The Petition was granted and the client's prior criminal conviction for DUI was dismissed.

5/5/2011: SAN MATEO COUNTY (REDWOOD CITY) .14% BAC 1ST OFFENSE DUI

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.

4/28/2011: ALAMEDA COUNTY (OAKLAND) .13% BAC 1ST OFFENSE DUI

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.

4/27/2011: SAN MATEO COUNTY (SSF) .14% BAC 1ST OFFENSE DUI

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.

4/26/2011 SAN FRANCISCO COUNTY .16% BAC 1ST OFFENSE DUI w/ HIGH BAC ENHANCEMENT

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.

4/25/2011: SAN FRANCISCO COUNTY .12% BAC 1ST OFFENSE DUI w/ COLLISION

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.

4/21/2011: CONTRA COSTA COUNTY (PITTSBURG) .22% BAC 3RD OFFENSE DUI w/ COLLISION

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 residentia 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.

4/21/2011: SAN MATEO COUNTY (SAN MATEO) 14601.2 & .5 DRIVING ON SUSPENDED LICENSE

Outcome: CHARGES REDUCED TO INFRACTION. NOMINAL FINE

Description: Today I settled a 14601.5 charge (driving on a suspended license pusuant 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.

4/20/2011: ALAMEDA COUNTY (PLEASANTON) .12% BAC 2ND OFFENSE DUI

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 stoped 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.

4/8/2011: SAN FRANCISCO COUNTY .13% BAC 1ST OFFENSE DUI

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 subsequentl 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."

4/8/2011: SAN MATEO COUNTY (SSF) 1ST OFFENSE DUI REFUSAL

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 resfusal allegation was dismissed.

4/7/2011: CONTRA COSTA COUNTY (RICHMOND) .19% HIGH BAC 1ST OFFENSE DUI w/ DMV PRIOR

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.

4/6/2011: SAN FRANCISCO COUNTY .14% 1ST OFFENSE DUI

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.

4/5/2011: SAN FRANCISCO COUNTY .15% HIGH BAC 1ST OFFENSE DUI w/ COLLISION

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.

3/29/2011: SAN FRANCISCO COUNTY TRAFFIC COURT BENCH TRIAL

Outcome: CHARGES DISMISSED

Description: This case was a collateral matter that I handled for a DUI client. Aware that any additional points on her driving record might qualify her for a Negligent Operator license suspension, we set the seperate speeding ticket on a bench trial. After two long court appearances: CHARGES DISMISSED.

3/18/2011: SAN FRANCISCO COUNTY .16% HIGH BLOOD BAC 1ST OFFENSE DUI

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.

3/17/2011: SANTA CLARA COUNTY (SAN JOSE) .12% BAC 1ST OFFENSE DUI

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 stoped by local police after commiting an illegal U-Turn in a business district. A subsequentl breath test showed a .12% BAC. I successfully negotiated a settlement of the case for the minumum 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.

3/14/2011: MARIN COUNTY .16% BAC 2ND OFFENSE DUI w/ PROBATION VIOLATION

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.

3/11/2011: ALAMEDA COUNTY (OAKLAND) .12% BAC 1ST OFFENSE DUI

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.

3/9/2011: ALAMEDA COUNTY (HAYWARD) .14% BAC 2ND OFFENSE DUI w/ PROBATION VIOLATION

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 susspended for one year due to probation violation/2nd offense by DMV.

3/7/2011: SAN FRANCISCO COUNTY .21% HIGH BAC 1ST OFFENSE DUI

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.


2/28/2011: SAN MATEO COUNTY (SSF) .22% BAC 1ST OFFENSE DUI WITH COLLISION

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.

2/24/2011: SAN FRANCISCO COUNTY .21% BAC FIRST OFFENSE DUI W/ VEHICLE COLLISION

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").

2/18/2011: SAN FRANCISCO DMV .08, .09% BAC ADMINSTRATIVE PER SE SUSPENSION HEARING

Outcome:
DMV "SET ASIDE" NO LICENSE SUSPENSION HEARING WON

Description: Today I received the Notification of Findings and Decision for a DMV hearing I submitted at the San Francisco Driver Safety Office on February 15, 2011. My client previously settled his San Mateo County DUI case for a reduction to reckless driving which meant that his DMV hearing meant everything. For the hearing, we retained forensic toxicologist Halle Weingarten who along with my client provided compelling testimony regarding a "rising" BAC. Additionally, I presented documents from the District Attorney's Office which tended to prove that the breath device was testing approximately .005% high...not much, but just enough to convince the hearing officer on a .08%, .09% BAC case. NO LICENSE SUSPENSION FOR CLIENT, NO SR-22, AND NO 3 MONTH DUI SCHOOL. Excellent result on a budget. Client's total costs approximately $2,500 excluding the court.

2/16/2011: SAN FRANCISCO 2007 DUI EXPUNGEMENT PETITION

Outcome:
PETITION GRANTED. DUI CONVICTION DISMISSED.

Description: Today I finally resolved a 2007 DUI conviction for a former client by way of filing a Petition for Expungement pursuant to Penal Code Section 1203.4. I appeared in Department 18 and the Petition was granted thus dismissing the prior conviction and giving the client a clean record. The expungement is the "full circle" of DUI defense and assuming the client never gets arrested again, her record will be nearly clean as it was when she first hired me some years ago. Being retained by former clients to complete expungement petitions is the greatest compliment an attorney can get after representing them years ago.

2/14/2011: SAN MATEO COUNTY (SSF) .14% BAC SECOND OFFENSE DUI W/ PUBLIC DRUNKENESS PRIOR

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 dilligence" 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.

2/9/2011: ALAMEDA COUNTY (FREMONT) 2008 RECKLESS DRIVING CONVICTION EXPUNGEMENT

Outcome:
PETITION GRANTED. RECKLESS DRIVING DISMISSED

Description: Today I resolved a former client's conviction for reckless driving by way of a Petition for Expungement which resulted in his prior conviction for reckless driving (dry) being dismissed. In 2008, I represented client for a DUI which we took to jury trial. On the day of trial I squeezed the DA for discovery and he subsequently caved and offered my client a non-alcohol reltated reckless driving offer. The significantly reduced sentence allowed us to complete the expungement petition in short order and now this incident is a distant memory for my former client. All around, a great final result.

1/27/2011: SAN MATEO COUNTY (REDWOOD CITY) .10% BAC BLOOD TEST FIRST OFFENSE DUI

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.

1/25/2011: ALAMEDA COUNTY (HAYWARD) .12% BAC FIRST OFFENSE DUI

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 Saftey 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.

1/21/2011: ALAMEDA COUNTY (PLEASANTON) DRIVING ON SUSPENDED LICNESE (CVC 14601)

Outcome:
DRIVING ON SUSPENDED LICENSE DISMISSED, CASE REDUCED TO CVC 12500

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 susepended at the time of his driving and he was arrested for driving on a suspended license, Vehilce Code section 14601(a), a misdeanor, 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.

1/19/2011: SAN FRANCISCO COUNTY .14% BAC BREATH TEST FIRST OFFENSE DUI

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 reckess 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.

1/19/2011: SAN FRANCISCO COUNTY .10% BAC BREATH TEST FIRST OFFENSE DUI

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.

1/19/2011: SAN FRANCISCO COUNTY DUI CONVICTION EXPUNGEMENT PETITION

Outcome:
PETITION GRANTED. DUI CONVICTION DISMISSED.

Description: Today I appeared in Department 18 of the San Francisco Hall of Justice for a former client of mine who suffered a conviction for DUI in 2007. Having successfully completed all of the terms and conditions of his probation, he became eligible to have the conviction expunged. Accordingly, I prepared his petition and appeared for the hearing on the matter. The petition was granted and client received a signed Order of Dismissal. Without any other conviction on his record, the client now can legally claim a clean record. While a dismissal of the original DUI charge is always optimal, a successful expungement of the conviction is the next best thing and something I highly recommend to anyone who serves probation on a misdemeanor offense.

1/14/2011: SAN MATEO COUNTY (REDWOOD CITY) RECKLESS DRIVING CONVICTION EXPUNGEMENT

Outcome:
PETITION GRANTED. RECKLESS DRIVING CONVICTION DISMISSED.

Description: In 2008, I represented a client arrested for DUI in Redwood City. I successfully negotiated a reduction to reckless driving so his probation was reduced to two years instead of 3 to 5 which would flow from a DUI. Client successfully completed probation and retained me to file a petition for expungment. Within a month, the petition was granted and his criminal conviction was dismissed and we obtained a signed Order of Dismissal. Now client has a clean record and can put the whole DUI incident behind him forever.

1/12/2011: SAN MATEO COUNTY (REDWOOD CITY) .14% BAC BLOOD TEST FIRST OFFENSE DUI

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.

1/12/2011: SAN MATEO COUNTY (REDWOOD CITY) .10% BAC 1ST OFFENSE DUI

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 priorable 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.

1/7/2011: OAKLAND (EL CERRITO) .10% BAC BLOOD TEST 1ST OFFENSE DUI DMV HEARING

Outcome: DMV 'SET ASIDE" NO LICENSE SUSPENSION & NO SR-22!

Description: I appeard at the El Cerrito office of the Oakland Driver's Safety Office with my client and expert witness and forensic toxicologist Halle Weingarten. As I had previously settled the client's case in Pleasanton for a reckless driving conviction. Accordingly, the DMV hearing meant everything. Although client had a .10% BAC by way of blood test, we successfully argued that his BAC was rising at the time of driving and that the arresting officer was not credible. The Hearing Officer ruled in our favor and his license suspension was "Set Aside." This a victory in DMV terms and meant that my client avoided a license suspension, an SR-22 filing and the requirement of a three month DUI school. An excellent result for a client on a budget and no time for a jury trial.

1/6/2011: MARIN COUNTY .18% BAC FIRST OFFENSE DUI W/ 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 Commisioner 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.

12/22/2010: SAN FRANCISCO COUNTY .09% BAC FIRST OFFENSE DUI BREATH TEST CASE

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. DMV case remains pending and hopeful for "set aside" with expert witness testimony from Halle Weingarten.

12/20/2010: ALAMEDA COUNTY (OAKLAND DMV) .08% BAC UNDER 21 "ZERO TOLERANCE" DMV HEARING

Outcome:
DMV "SET ASIDE" NO LICENSE SUSPENSION, NO DUI SCHOOL, NO SR-22 FILING

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.

12/17/2010: ALAMEDA COUNTY (OAKLAND) .22% BAC 1ST OFFENSE DUI WITH HIGH SPEED ENHANCEMENT

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 minimumized 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.

12/15/2010: SANTA CRUZ COUNTY .08% BAC FIRST OFFENSE DUI

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 reckelss 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 postive result.

12/13/2010: SAN MATEO COUNTY (SOUTH SAN FRANCISCO) .09% 1ST OFFENSE DUI W/ COLLISION

Outcome: DUI CHARGES DISMISSED. CASE REDUCED TO RECKLESS DRIVING: NO JAIL/SWAP

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 restituion (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.

12/6/2010: SAN MATEO COUNTY (SSF) 2007 DUI EXPUNGEMENT PETITION FOR DISMISSAL

Outcome: PETITION GRANTED. DUI CONVICTION DISMISSED.

Description: Today I received and Order of Dismissal for my client's 2007 second offense DUI case in South San Francisco. Client initially charged with two DUI's in 2007, but one was out of state. I set the case for both a Motion to Suppress Evidence and a "no time waiver" jury trial (meaning that the case must proceed to trial in no less than 30 days). DA was unable to verfity the out of state prior and client eventually pled to simple first offense DUI. Expungement Petition granted, client's "guilty" plea changed to "not guilty" and the case was ordered dismissed.

12/6/2010: SANTA CLARA COUNTY (SAN JOSE) .09% BAC 1ST OFFENSE DUI

Outcome: DUI CHARGES DISMISSED. CASE REDUCED TO "DRY" RECKLESS; NO DUI SCHOOL & JAIL

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.

12/3/2010: ALAMEDA COUNTY (PLEASANTON) .25% BAC 2ND OFFENSE DUI W/ COLLISION

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.

12/1/2010: SAN MATEO COUNTY (SSF) .09% BAC FIRST OFFENSE DUI

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 priorable 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

11/16/2010: ALAMEDA COUNTY (OAKLAND) 2007 DUI EXPUNGEMENT PETITION & ORDER FOR DISMISSAL

Outcome:
PETITION GRANTED. DUI CONVICTION DISMISSED.

Description: In 2007, I represented a client in Oakland who was regrettably convicted of his first DUI offense. Like many of my clients, he completed all of the terms and conditions of his probation without a hitch. Once his probation terminated, we filed a Petition to Disimiss his case (expungement) pursuant to Penal Code section 1203.4. The matter was heard in Department 115 and the petition was summarily granted. Client's 2007 conviction was dismissed and his criminal record returned to a prestine state with NO CONVICTIONS. Accordinlgy, he was relieved of all the penalties of the offices. An expungement, however, does not affect the DMV nor does it wipe out the ability of the prior offense to become a second offense if the individual is covicted of DUI again in 10 years. Like most of my clients, this is highly unlikely and for all points and purposes, his DUI case is now officially closed. Again, expungement is the final and perhaps most important steop to finalizing DUI and Reckless Driving convictions after probation is successfully terminated. Individuals can have extensive criminal records, so expungements can be a limited utility. It was imporant to consult with an attorney immediately once you've completed any form of probation.

11/2/2010: SAN FRANCISCO COUNTY .13% BAC 1ST OFFENSE DUI & MARIJUANA POSSESSION

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.

10/29/2010: SAN FRANCISCO 1ST OFFENSE DUI DMV LICENSE SUSPENSION HEARING

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.

10/29/2010: ALAMEDA COUNTY (OAKLAND) DRIVING ON SUSPENDED LICENSE AND SPEEDING

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.


10/29/2010: ALAMEDA COUNTY (OAKLAND) .23% BAC FIRST OFFENSE DUI W/ HIGH BAC ENHANCEMENT

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!

10/26/2010: SAN LUIS OBISBO COUNTY 14601.2 DUI SUSPENSION CASE W/ PROBATION VIOLATION

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 callled "impossible", I was able to get a probationary license from the DMV in San Luis Obisbo. 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 came to me with.

10/25/2010: SAN MATEO COUNTY (SOUTH SAN FRANCISCO) .14% BAC THIRD OFFENSE DUI

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.

10/18/2010: SACRAMENTO COUNTY .24% BAC 2ND OFFENSE DUI W/ PROBATION VIOLATION

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.

10/12/2010: SAN FRANCISCO COUNTY .22% BAC 1ST OFFENSE DUI WITH SPECIAL ENHANCEMENT

Outcome: ENHANCEMENT DISMISSED. 3 MONTH DUI SCHOOL; PROBATION, FINE, 3 DAYS SWAP

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.

10/1/2010: SAN FRANCISCO COUNTY .14% BAC 1ST OFFENSE DUI INVOLVING SPEED OVER 80 MPH

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.

9/15/2010: SAN JOAQUIN COUNTY (MANTECA) .12% BAC 1ST OFFENSE DUI COMMERCIAL DRIVER

Outcome: DUI DISMISSED, CASE REDUCED TO RECKLESS DRIVING 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 convinvcing 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!

9/14/2010: CONTRA COSTA COUNTY (PITTSBURG) .22% BAC 2ND OFFENSE DUI COMMERCIAL DRIVER DMV HEARING

Outcome: DMV 'SET ASIDE" 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 gargage 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 pursuasion, I convinced the hearing officer to issue a "set aside" of my client's suspenion. 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!

9/13/2010: ALAMEDA COUNTY (OAKLAND) .05% UNDER 21 ZERO TOLERANCE 1ST OFFENSE DUI

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 breathtest 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 certifed 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.

8/31/2010: SAN MATEO COUNTY (SOUTH SAN FRANCISCO) 2007 DUI CONVICTION PETITION FOR EXPUNGEMENT

Outcome: PETITON GRANTED. DUI CONVICTION DISMISSED

Description: I represented a client in South San Francisco in 2007 who was regrettably convicted of DUI, CVC 23152(b). Three years later, and he's successfully completed all of the terms and conditions of his probation. I prepared a Petition for Dismissal pursuant to Penal Code section 1203.4 and the petition was granted. Client's case dismissed and the final chapter his DUI mess completely cleaned up. Well, as best we could do. Optimal outcome.

8/30/2010: SAN MATEO COUNTY (SOUTH SAN FRANCISCO) .13% BAC BLOOD TEST 1ST OFFENSE DUI

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 absense due to the distance needed to travel to this case in South San Francisco. We restested 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.

8/12/2010: SAN FRANCISCO COUNTY .09% BREATH TEST FIRST OFFENSE DUI

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 deparment 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 remains pending as license was not suspended mandatorily by the conviction. Forensic toxicologist, Halle Weingarten has been retained and I like our chances at saving her license for good. NO JAIL, SWAP, COMMUNITY SERVICE OR MANDATORY LICENSE SUSPENSION.

8/10/2010: SONOMA COUNTY (SANTA ROSA) .12% BLOOD TEST BAC FIRST OFFENSE DUI

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 Sebastapol 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.

8/9/2010: MARIN COUNTY PETITION FOR EARLY TERMINATION OF PROBATION

Outcome: PETITION GRANTED. PROBATION TERMINATED

Description: In a follow up matter for a former client who had suffered a conviction for reckless driving, I filed an application for early termination of probation so my 18 year old client could be cleared to join the military. Born in a military family, this early probation termination was critical. Although these applications are rarely granted, I successfully argued good cause and in the interests of justice, my client's probation was terminated.

8/3/2010: SAN MATEO COUNTY (REDWOOD CITY) .26% BLOOD TEST BAC WITH CHILD ENDANGERMENT

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 seperate 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.

7/22/2010: CONTRA COSTA COUNTY (PITTSBURG) .20% BAC SECOND OFFENSE DUI

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.

7/22/2010: SAN FRANCISCO COUNTY .11% BLOOD BAC FIRST OFFENSE DUI

Outcome: DUI DISMISSED. CASE REDUCED TO RECKLESS DRIVING. DMV HEARING WON, NO LICENSE SUSPENSION

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 Department of Motor Vehicles (DMV) for the administrative hearing case. Retained forensic toxicologist Kenneth Mark and DMV was convinced. DMV HEARING WON! No license suspension, 12 hour DUI school OK and NO MANDATORY SR-22 FILING. EXCELLENT RESULT AND BEYOND WHAT MOST ATTORNEY'S CAN DO!

7/21/2010: SAN FRANCISCO COUNTY .09% BLOOD BAC FIRST OFFENSE DUI

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.

7/19/2010: SANTA CLARA COUNTY (SAN JOSE) .09% BLOOD BAC FIRST OFFENSE DUI COLLISION

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.

7/19/2010: ALAMEDA COUNTY (PLEASANTON) .10% BLOOD BAC FIRST OFFENSE DUI

Outcome:
DUI DISMISSED. CASE REDUCED TO RECKLESS DRIVING

Description: In Pleasanton, case settled for reduced charge of reckless driving (wet). Client reived 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.

6/29/2010: SONOMA COUNTY (SANTA ROSA) 2007 DUI EXPUNGEMENT PETITION

Outcome: PETITION GRANTED. DUI DISMISSED

Description: I filed a petition for expungement for a DUI conviction suffered by a former client in Santa Rosa back in 2007. She had successfully completed all the terms and conditions of her probation and the petition was granted thus dismissing her case. Word to the wise, Sonoma County is the SLOWEST county in the Bay Area at getting these petitions granted. Get your documents filed as early as possible!

6/24/2010: SAN LUIS OBISBO SECOND OFFENSE NEGLIGENT OPERATOR DMV SUSPENSION

Outcome: LICENSE REINSTATED. PROBATION GRANTED

Description: On June 14, 2010, I appeared at the DMV in San Luis Obisbo 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 privilige and his negligent operator probation. Client's license was previously suspended due to too many moving violation points, two of which came from a prior DUI that I did not represent him on.

6/23/2010: SAN FRANCISCO COUNTY 2007 DUI EXPUNGEMENT PETITION

Outcome: DUI CONVICTION ORDERED DISMISSED

Description: I appeared in Department 18 of the San Francisco Superior Court for a client's expungment petition I filed fo his 2007 DUI conviction. I previously represented client in 2007 when he was involved in a freeway collision with a BAC reading of .18%. Client successfully completed probation and DUI conviction was ordered dismissed.

6/23/2010: SAN FRANCISCO COUNTY 2007 DUI EXPUNGEMENT PETITION

Outcome: 2007 DUI CONVICTION ORDERED DISMISSED

Description: I appeared in Department 18 this morning for a hearing on a expungement petition for a former client of mine who had been convicted of DUI in 2007. As she had completed all of the terms and conditions of her probation, her expungement petition was granted and her DUI conviction dismissed.

6/23/2010: SAN FRANCISCO COUNTY .18% HIGH BAC FIRST OFFENSE DUI

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.

6/23/2010: SAN FRANCISCO DMV/DUI NEGLIGENT OPERATOR SUSPENSION HEARING

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.

6/18/2010: SANTA CRUZ COUNTY .18% HIGH BAC FIRST OFFENSE DUI

Outcome: HIGH BAC ENHANCEMENT STRICKEN, Minimum Probation, Fine & THREE MONTH DUI SCHOOL

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. Client left positive review in my review section.

6/11/2010: SANTA CLARA COUNTY (PALO ALTO) DUI PROBATION VIOLATION HEARING

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.

6/9/2010: SAN MATEO COUNTY (REDWOOD CITY) 2007 DUI CONVICTION EXPUNGEMENT PETITION

Outcome: PETITION GRANTED. 2007 DUI CONVICTION DISMISSED & RECORD CLEARED

Description: In 2007, I represented an out of state defendant in a DUI action in Redwood City. This high BAC case was resolved for minimum punishment and a conviction of California Vehicle Code section 23152(b) for no jail or DUI school in 2007. Client successfully completed all of the terms and conditions of his probation and subsequently retained me to represent him on his expungement petition. I prepared and filed the petition and successfully obtained a court order dismissing his DUI conviction from his record.

6/9/2010: SAN MATEO COUNTY (REDWOOD CITY) 2007 DUI CONVICTION EXPUNGEMENT PETITION

Outcome:
PETITION FOR DISMISSAL GRANTED

Description: Former client was convicted of DUI, Vehicle Code section 23152(a) after a jury trial in which the jury found that she HAD NOT REFUSED a chemical test, which was the primary issue in the case in 2007. Pleased with her prior representation, she retained me to prepare and file her petition for expungement of her DUI conviction after she successfully completed all of the terms and conditions of her probation. The petition was granted and her case dismissed thus removing the conviction from her criminal record.

6/8/2010: MARIN COUNTY .15% HIGH BAC ENHANCEMENT FIRST OFFENSE DUI

Outcome: ENHANCEMENT STRICKEN, MINIMUM PROBATION, NO JAIL OR SWAP & 3 MONTH 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 enhanment 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.

6/8/2010: MARIN COUNTY .11% BAC HIGH SPEED FIRST OFFENSE DUI

Outcome: Minimum Probation, Fine & Level One 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 minized for client. License suspended for thirty days with a 5 month restriction.

6/2/2010: SAN FRANCISCO COUNTY 20O7 DUI EXPUNGEMENT PETITION

Outcome: PETITION GRANTED. DUI DISMISSED

Description: I prepared a petition to expunge a former client's 2007 DUI conviction in San Francisco which was granted by Hon. John Dearman in Department 18 of the Superior Court. I represented client in 2007 for his DUI case which he picked up while visiting San Francisco. I handled his criminal case in his absense and completed this final step in his case. It's this kind of client loyalty that really makes an attorney feel good about the work and service he provides.

6/2/2010: SAN FRANCSICO COUNTY 2007 DUI EXPUNGEMENT PETITION

Outcome: PETITION GRANTED. CASE DISMISSED

Description: I appeared in Department 18 of the San Francisco Superior Court for an expungement petition hearing for a former DUI client of mine who had suffered a conviction in 2007. The court granted my client's petition and his case was ordered dismissed.

6/2/2010: SAN FRANCISCO COUNTY 2006 GRAND THEFT EXPUNGEMENT PETITION

Outcome: EXPUNGEMENT GRANTED; REHABILITATION FOUND

Description: I appeared in Department 18 at the San Francisco Hall of Jusitice for an expungment petition. I represented client in 2007 for a grand theft case which was subsequently reduced to a misdemeanor with no jail. Client was later convicted of another theft offense in 2008. Successfully argued rehabilitation of client to court and obtained expungements/dismissals of both of client's prior cases. Client later left postive review on this website.

5/20/2010: SAN FRANCISCO COUNTY DUI DRUGS FIRST OFFENSE DUI COLLISION

Outcome: CASE DISMISSED & DMV SUSPENSION SET ASIDE

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. Appeared with client at initial DMV hearing and license was denied pending clean drug screen and positive Driver Medical Evaluation ("DME"). Conducted follow up hearing and license suspension was "set aside" with no restrictions. Client later left postive review on this site.

5/12/2010: SAN FRANCISCO COUNTY PETITION FOR EARLY TERMINATION OF DUI PROBATION

Outcome: PROBATION TERMINATED & DUI CHARGES DISMISSED

Description: In 2008, I represented approximately 150 to 200 individuals accused of DUI in the Bay Area. One such individual, a temporary resident from Kenya received the minimum probation term of three years. This client's green card required renewal this year and his employer was threatening to terminate him due to his continuing DUI probation. I filed a petition for early termination of probation and for expungement of the conviction. The client still had about a year and half of probation left. Over the District Attorney's objection, the court granted our application for early termination and expungement thus resulting in a dismissal of the 2008 DUI conviction from client's criminal record. Overall, a total success and a very pleased client.

5/11/2010: MARIN COUNTY FELONY DRUG PROBATION VIOLATION

Outcome:
Admission of Violation for 20 Hours Community Service; NO ACTUAL JAIL

Description: I resolved a felony probation violation in Marin County for 20 hours of community service. Client was on probation for possession for sale, a felony, and was searched by police pursuant to his probationary search condition. Police found less than two grams of marijuana. Client was a young kid who really shouldn't have gotten a felony rap in the first place. I minimized this case which could just as easily led to actual jail time.

5/11/2010: CONTRA COSTA COUNTY (WALNUT CREEK) .22% BAC 1ST OFFENSE DUI

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 everytime. 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.

5/4/2010: SAN MATEO COUNTY .11% BAC 1ST OFFENSE DUI "ZERO TOLERANCE" UNDER 21 CASE

Outcome:
DUI DISMISSED. REDUCED TO RECKLESS DRIVING FOR NO JAIL OR SWAP

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. License suspended administratively by the DMV for one year. I assisted client in obtaining "critical need" license to drive to school and work.

5/4/2010: SAN MATEO COUNTY PUBLIC INTOXICATION EXPUNGEMENT PETITION

Outcome:
EXPUNGEMENT GRANTED. CASE DISMISSED

Description: I represented client in 2007 for DUI charge while working for the Law Office's of Lawrence Taylor, Inc. Client had high BAC over .20% and was found sleeping in car. I initially got his case reduced to a public intoxication and subsequently won his DMV hearing after a successful APS review request. Three years later, and now I've gotten the conviction expunged from his record. The complete DUI case that went well from start to finish.

4/29/2010: ALAMEDA COUNTY (PLEASANTON) .10% BLOOD BAC 1ST OFFENSE DUI

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 complicated 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%. Definately 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.

4/27/2010: ALAMEDA COUNTY (OAKLAND) 2007 DUI EXPUNGEMENT PETITION

Outcome:
EXPUNGEMENT GRANTED. DUI DISMISSED

Description: 4/27/10: I represented this client on behalf of the Law Offices of Lawrence Taylor, Inc. in 2007 when she suffered a DUI conviction in Oakland with an approximate BAC of over .13%. After successfully completing her probation, I prepared and filed a Petition for Dismissal pursuant to Penal Code section 1203.4 (expungement) which was subsequently granted after I appeared and argued the case in Department 115. The DUI conviction on her record is now DISMISSED.

4/26/2010: SAN MATEO COUNTY (REDWOOD CITY) 2007 DUI EXPUNGEMENT PETITION

Outcome: PETITION GRANTED. DUI DISMISSED

Description: I successfully represented client in 2007 for a DUI charge while working at the "DUI FIRM" of Law Offices of Lawrence Taylor, Inc. I was able to get the DUI reduced to a "wet reckless" driving in March of 2007. Client retained me to file his expungement petition for the reckless driving conviction. The petition was granted the the complaint dismissed. All client's should get their records cleared by expunging their prior convictions. I recommend this service to all clients.

4/14/2010: MARIN COUNTY DUI REFUSAL ENHANCEMENT JURY TRIAL

Outcome:
JURY TRIAL "NOT GUILTY" VERDICT

Description: 4/14/10: 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.

4/6/2010: SAN FRANCISCO COUNTY .20% BAC FIRST OFFENSE DUI

Outcome: ENHANCEMENT STRICKEN AND 3 MONTH DUI SCHOOL

Description: 4/6/10: Settled a high BAC .20% breath test case is Department 13 in San Francisco for excellent result. Client receivied 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.

4/6/2010: SAN FRANCISCO COUNTY .16% BAC FIRST OFFENSE DUI

Outcome: ENHANCEMENT STRICKEN FOR THREE MONTH DUI SCHOOL

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. Client blew a .16% BAC by way of breath test.

3/17/2010: SAN FRANCISCO DMV SECOND OFFENSE NEGLIGENT OPERATOR SUSPENSION

Outcome:
SUSPENSION "SET ASIDE" & PROBATIONARY LICENSE 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.

3/4/2010: SAN MATEO COUNTY (REDWOOD CITY) HIGH BAC .19% FIRST OFFENSE DUI

Outcome:
Probation, Fine, THREE MONTH DUI SCHOOL

Description: In Redwood City, I settled a high BAC .19% first offense DUI for the minimum sentence of $1,751, 4 days of SWAP and a 3 month DUI school. Client's license suspended for thirty days and restricted for work purposes for five months.

3/3/2010: SAN MATEO COUNTY (SSF) HIGH .25% BAC FIRST OFFENSE DUI

Outcome: THREE MONTH DUI SCHOOL & NO ACTUAL JAIL

Description: Client recieved 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, the client saved and an additional SIX MONTH of DUI school which would be three times the cost of the level one three month DUI program. Additionally, client's license was only suspended for thirty days and restricted for five months. If a nine month DUI program was ordered, client's license would have been restricted for an additional five months!

2/24/2010: SANTA CRUZ COUNTY RECKLESS DRIVING CASE

Outcome:
RECKLESS DRIVING DISMISSED. TRAFFIC SCHOOL GRANTED

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.

2/10/2010: SAN FRANCISCO COUNTY PETITION FOR EARLY TERMINATION OF DUI PROBATION

Outcome:
DUI PROBATION TERMINATED & CONVICTION DISMISSED

Description: I represented a non citizen client for DUI in 2008 in San Francisco and he suffered a conviction which resulted in a grant of informal court probation. Client needed to upgrade his citizenship status and could not do so while on DUI probation. I filed a petition for early termination of probation and expungement of this DUI conviction. Although the District Attorney opposed the petition (they always do), and after several court hearings and appearances, I was able to convince the judge in Department 18 that good cause existed for early termination of DUI probation and expungement of the DUI conviction. As these petitions are rarely granted, the client was thrilled and frankly, the case made me feel good about being a DUI defense attorney. I truly love my job!

2/9/2010: MARIN COUNTY RECKLESS DRIVING, SPEED CONTEST COLLISION CASE

Outcome:
Speed Contest DISMISSED, Probation Granted and Terminated Early

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 totalling his car. Client, an 18 year old military canidate, 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. After six months of probation, I obtained an early termination of probation for client so he could enter the military, a petition that I prepared and appeared for pro bono.

2/5/2010: SANTA CLARA COUNTY (SAN JOSE) 1ST OFFENSE DUI REFUSAL CASE

Outcome:
REFUSAL ALLEGATION DISMISSED AND 3 MONTH DUI SCHOOL

Description: Client arrested for DUI in San Jose and was alleged to have refused a chemical test. My client was a young, single mother and really needed a break in this case. DA initially offered 10 days jail and 9 month program with admission of the refusal allegation. I advised my client to reject the offer and for us to file Motion to Suppress Evidence to beter leverage the case for settlement. Although I was required to do a significant amount of extra work and court appearances, 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. The DMV wasn't so easy, however, as client failed to request an administrative hearing within ten days of her DUI arrest. I wasn't retained until after the ten day notice rule and nothing could be done to avoid the one year administrative suspension due to the refusal allegation.

2/4/2010: ALAMEDA COUNTY (OAKLAND) .08% BAC FIRST OFFENSE DUI

Outcome:
CASE DISMISSED & DMV "SET ASIDE"

Description: Oakland client was arrested for DUI and subsequently blew a .08% BAC on the dot. I appeared on the case and convinced the District Attorney to dismiss due to the low BAC and lack of bad driving. I subsequently obtained a "set aside" of the Administrative Per Se ("APS) case at the DMV driver safety office and the client received no license suspension. No conviction=no probation, no fine, no DUI school, no license suspension, and a very happy client.

2/4/2010: SAN MATEO COUNTY (REDWOOD CITY) .30% BAC 1ST OFFENSE DUI COLLISION

Outcome:
MINIMUM PROBATION, NO JAIL, 4 DAYS SWAP, 9 MONTH DUI SCHOOL

Description: This case involved a client who who had a blood test result of .30% BAC, which is remarkably high and qualified him for the .15% and above special enhancement (twice over in fact). In either event, this case was ugly because the client was driving a Hummer, which is in my opinion a quasi-military vehicle and sideswiped another parked car. Although collisions are not written in law as enhancements, District Attorney's and Judges often consider the level of "dangerousness" of the driving pattern when determining sentence. Client had no prior arrests, so I was able to successfully settle the case for the lowest possible punishment: three years informal probation, fine of $1,750, 9 month DUI school and 4 days of SWAP (community service) in lieu of jail. Client required to pay restitution to victim and license suspended for thirty days followed by nine months of restriction.

2/4/2010: SANTA CLARA COUNTY (PALO ALTO) 3RD OFFENSE .14% BAC DUI W/ SUSPENDED LICENSE

Outcome:
PROBATION VIOLATION AVOIDED, DRIVING ON SUSPENDED LICENSE DISMISSED.

Description: Palo Alto 3rd 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) and had the possibility of a probation violation out of Santa Cruz County which could have resulted in one additional year in the county jail. 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.

2/2/2010: ALAMEDA COUNTY (PLEASANTON) .08% BAC FIRST OFFENSE DUI CASE

Outcome: DUI CHARGES DISMISSED. CLIENT PLED TO RECKLESS DRIVING W/ NO LICENSE SUSPENSION

Description: In Pleasanton, I negotiated a settlemed of a .08% BAC DUI for a reduction to reckless driving (wet). All DUI charges dismissed before Judge Hugh Walker III. Client received reduced sentence of three years of probation, no jail or SWAP, fine of $865 and 12 hour DUI school. Appeared at Oakland DMV for client's administrative per se license suspension hearing with forensic toxicologist Halle Weingarten and established that CHP officer's investigation was hurried, incomplete and in some instances a flat out lie. DMV subsequently issued a "set aside" of client's license suspension resulting in NO LICENSE SUSPENSION and no SR-22 requirement. Excellent Pre-Trial result which did not require client to pay extra fees for jury trial.

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The Law Office of Nors Davidson - Alameda County DUI Lawyer
Located at 201 Spear Street, Suite 1100 Oakland, CA 94105. View Map
Phone: (510) 248-4816
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