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Recent Cases, DUI

A few recent cases—

Note: No specific results or outcome can be guaranteed and don't be tempted to compare your case to another's.  Key details may make all the difference in the eventual outcome.

--Client charged with a Metro Court DUI with .08 BAC; client had a prior dry reckless and was currently on probation; client also faced a one-year dmv APS suspension based on the .08 bac and with a prior administrative APS suspension within 10 years; breath test records research revealed that the mouth alcohol detector on the device was found to be bad order two weeks following client's test causing the device to be removed from service; charge in court reduced to speeding with no penalty imposed for violating probation; an LAPD criminalist testified at the dmv hearing that the device was unreliable at the time of client's testing, causing suspension action to be set aside; client's comment: "You are the best, Michael."

--Client charged with Van Nuys dui and with having a recent prior; I negotiated a reduced plea to alcohol related reckless driving so that client avoided long suspension, interlock device, a large fine and, of course, jail--

Client comment: "I can breathe again."

--0WA22405--Client charged with dui refusal and with having one out of state prior--case was pretty bad-- bad driving, bad objective signs; I researched the other state's prior and learned that the other states dui laws were not "equivalent" to ours and I filed a motion to strike the prior.  The prosecutor and court agreed.  Client entered a no contest plea to a first offense and avoided going to jail for a second.

Client comment: "Thank you so much for all your hard work.  I really appreciate it!"

 

--0MB03232--Client found passed out in his car on a canyon road, engine running and partially blocking a traffic lane with a .13 BAC.  I was able to convince the DA that defendant's BAC could have been under .08 at the time he decided to pull ovder and sleep it off.  We agreed to resolve the case by entering a plea to reckless driving--alcohol related, and the court found client not guilty of driving with a .08 or more, thereby canceling the dmv license suspension.  Client comment: "I'm eternally grateful."

--JS charged with DUI and refusing the chemical test.  Other drivers observed client driving erratically and called 911.  One driver followed client and approached client after the car was stopped.  Cops arrived and civilian witness identified client and car.  Standard dui signs and symptoms observed and captured on video.  Client allegedly refused breath or blood testing.  Court results: dui and refusal dismissed in exchange for plea to plain drunk in public; dmv: no suspension imposed.

 

--Case No. 0WA00601 ---first offense .14 BAC where deft. found by police in the driver's seat of a car stopped in a traffic lane; client had the keys, was the RO and a passenger told police client had driven (cirumstantial evidence of driving); won DMV case; in court, we answered ready for trial and one prosecutor stated he was ready and then another stated his office was not ready (?); this went back and forth and the court got involved; we resolved the case with a no contest plea to aiding and abetting a speed contest, a one point misdemeanor; the dui charges were dismissed; defendant's reaction: "Can I give you a huge hug?"  

 --No. 9MB02640; Client charged with DUI (a and b sections) AND child endangerment (six year old sleeping in the back seat); 4 breath tests ranging from .16 to .19; solo accident; numerous civilian and police witnesses on the scene; case resolved with a plea agreement dismissing the DUI and child endangerments counts in exchange for client's no contest plea to public intoxication; no license suspension, no trial, no fine, no jail, no SR22;

Client comment: "This is too good to be true!"

 

--No. 9WA2226; Client charged with

1) DUI with one prior conviction alleged-- .17/.17 breath results
2) Hit and run 
 
After filing a motion to suppress evidence, I negotiated a dismissal of the above charges in exchange for a no contest plea to “wet reckless driving.” Instead of an 18 mo. program, mandatory jail, long probation, large fine, interlock device and other mandatory conditions of probation, client received short probation, short program and small fine.
Client’s comment: “I can’t believe it.”

 

--No. 9MB00490: Client charged with

1) DUI
2) Refusal to take alcohol test as required by the implied consent law
 
After a lengthy case delay, the charges were finally reduced to “aiding and abetting” a speed contest (only one DMV point) and the “refusal” allegation was stricken. A small fine and short probation were imposed with the DUI charge (and refusal allegation) dismissed. Client’s comment: “You did a great job, Michael.”
 

--RKs DMV caseClient paced at 90 mph and subsequently arrested for DUI with .13  blood results. I was able to obtain the return of my client’s license by arguing that 1) Evidence Code sec. 1280 was violated; 2) Client’s detention was unduly prolonged and 2) PC 841 was violated, among other arguments. 

Client’s comment after the hearing: “What just happened in there?”

 
--No. 9MB01968: Client charged with DUI (.10 BAC breath test results).  
I discovered inconsistencies with the police report and negotiated dismissal of the DUI charges in exchange for a no contest plea to the non priorable offense of “dry” reckless driving. Further, following a court trial, client was found not guilty of driving with a .08 BAC or more, forcing DMV to return his license. Clients comment: “Oh my god!”
 
--No. 9MB01027: Client charged with DUI with a .14 BAC breath test result. I noticed an inconsistency with the training of the breath test operator. This resulted in a DMV set aside (license return) and a dismissal of the DUI charges in exchange for a wet reckless plea. Client’s comment: “AWESOME!!! thank you thank you thank you!”
 

--No. 8WA21560: Client charged with DUI with a .13 BAC. The entire charge was dismissed based on a violation of PC sec. 1382 (speedy trial). As to the DMV, we won that hearing and obtained return of the license when I objected to a DMV requested continuance (based on a defective DMV subpoena). Clients comment: “You handled this case perfectly Michael.”  

--No. 0NW00675: Client charged with DUI with a .08/.08 BAC (blood test).  The DA agreed to plea bargain the case to a "dry" reckless (much better than a "wet" because of non-priorability).  We also fought the DMV suspension and won a set aside by producing expert testimony that the blood level was actually lower than .08.  Client comment: "Awesome! You are the best. I can't tell you how much I appreciate everything you've done.  Trust me that I will tell all my friends about you."

 --No. 1MB0223: Client charged with DUI drugs (opiates) with one DUI prior conviction (mandatory jail and license suspension if convicted), being under the influence of a controlled substance (90 days minimum jail if convicted) and possession of narcotic paraphernalia.  Based on discovery and case preparation, negotiations with the other side produced a plea agreement to a "wet reckless" with the remaining charges dismissed.  A short period of summary probation was imposed with community service.  Further, client's other traffic fines, totally $1,000+ were permanently stayed, permitting client to regain his driving privileges.  Clients comment: "Thank you, thank you, thank you."

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MICHAEL SHULTZ


SERVING CLIENTS IN SOUTHERN
CALIFORNIA COURTS FOR OVER 30 YEARS
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MICHAEL L. SHULTZ, ATTORNEY AT LAW

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STATE BAR SINCE DEC 1972
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