California DUI Defense Attorneys

SUCCESS STORIES IN DUI CASES

FELONY DUI CHARGES REDUCED, NO JAIL TIME FOR TEENAGER, AFTER WALLIN & KLARICH TOUGH DEFENSE
August, 2003

In spring of 2001, a young man entered the Offices of Wallin & Klarich. The Court had just told him that he was facing mandatory jail time for his charges of DUI with a speeding enhancement for driving more that 20-mph over the speed limit while under the influence of alcohol. After meeting with the District Attorney and Judge, our Wallin & Klarich drunk driving defense attorney reached a plea bargain where this young man plead guilty to the lesser charge of reckless driving involving alcohol. Along with the reduced charges came reduced fines and no jail time.

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CLIENT FACING ONE YEAR IN JAIL, GETS NO JAIL TIME
JUNE, 2003

Our client had been convicted of a prior alcohol driving offense and was charged with two additional Driving under the Influence matters which made for three DUI offenses in less then 7 years. In addition, he had another alcohol related driving offense two years before and an additional DUI conviction from 10 years prior. The minimum jail time under the California Vehicle Code for a third DUI within a 7-year period is 120 days. The usual sentence for a client in this predicament would have been about 365 days of confinement. However, we maneuvered this case until we got it in front of the right Judge; in the end, the client was sentenced to 6 months in a residential alcohol treatment center which permitted him to continue working and 6 months of outpatient care. HE WAS NOT SENTENCED TO ONE DAY IN JAIL.

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WALLIN & KLARICH NEVER GIVE UP AND CLIENT WINS DRIVING PRIVLEGE
May, 2003

One client been convicted of a prior alcohol driving offense and was charged with two additional Driving under the Influence matters which made for three DUI offenses in less then 7 years. In addition, he had another alcohol related driving offense two years before and an additional DUI conviction from 10 years prior. The Department of Motor Vehicles (DMV) would normally either suspend or revoke an individual's license with this kind of record. In his particular case he was looking at a 1-year license suspension. We represented the client at the DMV hearing and felt that the hearing officer's decision was not correct given the evidence; as such we appealed the case to the DMV in Sacramento. After the DMV decision we still felt that the client had not been treated fairly. So, I recommended that we take the matter to the Superior Court by a special process whereby the Court reviews the action of the Department of Motor Vehicles. After filing the appropriate paperwork with the Superior Court the DMV began negotiating with us. In the end the DMV SET ASIDE the suspension of the license. As such, despite the client's record, the DMV was not able to effect his license.

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WALLIN & KLARICH SAVE CLIENT FROM JAIL TIME IN DUI CASE
May , 2003

Our client was charged with drunk driving with a blood alcohol level of .25. He was facing mandatory jail time. He wanted to avoid the jail, if possible. In reviewing the police report, it was clear that no one ever saw the client driving the car. He was asleep in the car in a service station driveway. Using the lack of evidence argument with the D.A., and implying that we would go to trial if necessary, we were able to convince the District Attorney to drop the demand for jail time. Our client was happy that he did not have to go to jail, and said he was happy that we never gave up until it was over.

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WALLIN & KLARICH GET A NOT GUILTY VERDICT IN SERIIOUS FELONY EVADING CASE
April , 2003

Our client was charged with misdemeanor DUI and Felony evading. Client was fireman and faced losing his job if he was convicted of a felony. The District Attorney wanted state prison. Our client would not do so and felt he had a defense for the evading. Our client admitted that he was driving under the influence. We advised the District Attorney that they were going to have a hard time showing specific intent to evade of a person whom had a .17 blood alcohol level at the time of driving. In addition, the officer that was pursuing my client didn't actually site my client for the evading; he felt our client was truthful with him at the scene that he did not know he was behind him. The District Attorney filed the formal evading charges against him. The matter was set for trial. At trial, we brought in pictures of the SUV showing the window tint and also our clients cell phone bill to help prove there was no specific intent to evade. We were able to prove that our client was on his cell phone for almost 45 minutes, which included before the pursuit started and during the pursuit. We called an expert to talk about a person who was under the influence and how impaired they are at .17. We asked the expert if being on a phone would add to that. The expert testified that being on a cell phone at any given time while a person is driving will place a driver at an equivalent to being a .08 blood alcohol level. The expert further testified that at a .17 a person is not going to be able to perceive things around him and he will only be able to do one thing. It was brought out that our client was driving, changing lanes, talking on a cell phone and had the radio on in the back ground. The expert further testified that you add the .08 of being on the cell phone to the .17 and this was his true blood alcohol level while driving that evening. So our client was the equivalent to being a .25 blood alcohol level, over 3 times the legal limit. The District Attorney called their expert witness and we asked him the same questions and he confirmed everything that our expert had already testified about. The jury deliberated about 4 hours and came back with a NOT GUILTY on the felony evading charge.

At Wallin & Klarich, we approach every case with the belief that the person we're defending could easily be one of our own family members. We've seen firsthand how stressful legal matters can be for our clients and their loved ones. We are committed to being available to our clients at all times -- 24 hours a day, 7 days a week, 365 days a year. If you or someone you love is facing drunk driving charges in Southern California, you should call Wallin & Klarich today for a free evaluation of your case. Call 1-888-764-2615 or fill out our online consultation form to get in contact with a legal professional today. We will be there when you call.

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