DUI (VC § 23152) Case Dismissed and Driving with License Suspended for DUI (VC § 14601.2(a)) Case Dismissed!

A client recently hired our office to assist him with three different misdemeanor cases. After proper investigation, negotiation and advocacy, our office obtained dismissals on two of his cases and a great plea agreement on the remaining case.

Below is a summary of the three open cases we recently resolved for our client.

.16/.17 DUI - Dismissed: Recently, Alexandra Mateus, our new Associate Attorney and USC Law School Grad, successfully litigated a Motion to Dismiss for Denial of a Speedy Trial at the Metropolitan Courthouse in Los Angeles.

In this case, there was a three year delay in prosecution. In 2014, our client was charged with Driving Under the Influence of Alcohol or Drugs (Vehicle Code section 23152(a)), Driving While Having a 0.08% or Higher Blood Alcohol(Vehicle Code section 23152(b)), and Driving with a Suspended License for Prior DUI Conviction (Vehicle Code section 14601.2(a).

California Highway Patrol observed our client weaving between lanes, almost colliding with the concrete barrier wall and upon his arrest admitted to officers that he had consumed six beers an hour and a half before driving. Our client’s chemical breath test indicated that he had a BAC of .16/.17 at the time of his arrest.

Our client did not receive sufficient notice to appear in court in 2014 for his arraignment on this matter and our office filed a Motion to Dismiss for denying his speedy trial rights after investigating into the delay in prosecution. After oral argument, the judge granted the motion and the case was completely dismissed!

Driving with License Suspended for DUI - Dismissed: In 2011, our client was charged with Driving with a Suspended License for Prior DUI Conviction (Vehicle Code section 14601.2(a)), Failure to Show Proof of Insurance at Accident Scene (Vehicle Code Section 16025(a) and
Improper Placement of License Plates (Vehicle Code section 5200(a)). The Vehicle Code section 14601.2(a) offense has a mandatory minimum sentence of 10 days in county jail.

Based on the six-year delay in prosecuting this case, our office presented an oral motion arguing the defendant’s right to a speedy trial had been violated and all counts were dismissed in the furtherance of justice. Our client received no conviction and no jail time!

Vehicle Code 12500 - Plea Agreement: In our client’s third open case, he was charged with Driving with a Suspended License in violation of Vehicle Code section 14601.1(a). Since the defendant had the two open cases described above, the prosecution was requesting 30 to 90 days in county jail for the offense. After obtaining dismissals on the two other cases, I was able to negotiate the case, and plead down to a violation of Vehicle Code section 12500, Driving Without a License, for a fine and no jail time.

Three tremendous results obtained for one client!

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The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from Escovar & Avila, LLP or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this Post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction. The information on this website is a communication and is for informational purposes only. The facts of every case are unique and nothing on this page or on this website should be taken as legal advice for any individual case or situation. The information on this website is not intended to create an attorney-client relationship and viewing of this information does not create an attorney-client relationship. The result portrayed in this advertisement was dependent on the facts of this case. Results will differ if based on different facts.

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