DUI, criminal defense & appeals case results

June 2024

Our client was contacted by the police after her and her husband pulled their vehicle over due to an argument. A civilian had called 911 to report the wife driving the vehicle poorly. When the police arrived, both the wife and husband denied driving. This means that the only evidence of any driving was a civilian’s hearsay statement, which is not competent evidence at a DMV hearing. The license suspension was set aside, and the client’s license will remain valid.

Practice area(s): DUI

Court: DMV APS Hearing

June 2024

Our client was arrested after being located in the passenger seat of a truck on a rural road in the desert. The police arrested her for DUI, and took a sample of her blood. The analysis of her blood revealed a BAC of .35%. Our office filed a motion to suppress evidence, which challenged, among other things, whether her blood was drawn in a medically appropriate manner. After a hearing, the judge ruled the prosecution failed to prove that the blood was drawn in accordance with accepted medical practices, and the client’s BAC cannot be used against her at trial. The case is still pending, and will likely go to trial unless dismissed.

Practice area(s): DUI

Court: Riverside County (Indio)

June 2024

Our client (a commercial class A driver) was arrested for a 2nd offense DUI. The DMV suspended his class C and class A after a DMV hearing, which I believed we should have certainly won. Given that we were able to negotiate a reckless driving plea in court and got the DUI charges dismissed, the only thing that suspended the client’s class A was this bad DMV ruling. As a result, I filed a lawsuit against the DMV, challenging the legality of the suspension. Last week, after our first status conference on the writ of mandate, the DMV offered to set aside the suspension against the client’s license, and he will have his class A commercial license back soon.

Practice area(s): DMV, DUI

Court: San Bernardino County Superior Court

June 2024

Our client was pulled over for DUI after failing to maintain her lane on the freeway. Her driving was pretty good. On the CHP dash cam, she appears coherent and sober. She told the CHP officer she had 2 beers hours earlier, but blew a .09%/.10% on the breathalyzer. This didn’t really add up. The client did not look like a .10% on camera, and 2 beers would not give her a .10% hours later. We learned that the client had previously been diagnosed with GERD. People with GERD should not take breath tests, because the breath tests end up measuring alcohol not in that person’s blood, but the alcohol coming up from their stomach as a result of the GERD. This is not proper, as alcohol in a person’s stomach is not blood alcohol, and not impairing his or her ability to drive in any way. After presenting the client’s medical records and testimony from an expert forensic toxicologist at the DMV hearing, the suspension from the DMV was set aside.

Practice area(s): DUI, DMV

Court: DMV APS Hearing

June 2024

Our client was arrested long ago for a 2nd offense DUI. He is a commercial class A driver. A DUI conviction and/or DMV suspension would have resulted in a 1 year class A driver’s license revocation. I had already got the DUI charges dismissed in exchange for a plea to reckless driving about a year ago, but the DMV hearing was dragging on, and it wasn’t looking good. The CHP officer that arrested our client had made some facts up, and failed to record his investigation with the CHP dash cam, as CHP requires. At the DMV hearing, I called a retired CHP officer as an expert witness. She explained that the officer that arrested our client had an official duty under CHP policy to record his investigation and arrest of our client. After her testimony, I objected to all of the DMV’s evidence (which consisted of the CHP officer’s reports) on the grounds that they shouldn’t be trusted since the officer did not record my client’s arrest. The hearing officer sustained our objection, and set aside the suspension against my client’s license. This totally saved his class A license from suspension on a 2nd offense .18% DUI.

Practice area(s): DMV, DUI

Court: DMV APS Hearing

June 2024

Our client was arrested at a hotel suite for being loud. The police handcuffed him. Our client let the police know the handcuffs were a little tight. Instead of doing the right thing, the police led our barefoot client over broken glass, and tightened down the handcuffs even further. This led to an almost immediate hand surgery for our client, who uses his hands to make films. After fighting for over three years, the case was resolved for $500,000.00.

Practice area(s): Civil Rights § 1983

Court: Federal Court

March 2024

Our client was stopped by CHP. CHP called a phlebotomist to draw our client’s blood in a Jack in the Box parking lot. No kidding. His blood was drawn in the parking lot, while he stood at the hood of the patrol vehicle. After a two-day hearing on our motion to suppress evidence under Penal Code section 1538.5, the judge granted our motion and dismissed the case in its entirety.

Practice area(s): DUI

Court: San Bernardino County (San Bernardino)

March 2024

Our client was charged with a 3rd offense DUI after being stopped at a DUI checkpoint. Our office filed a motion to suppress evidence under Penal Code section 1538.5, challenging the legality of the DUI checkpoint. The judge ruled in our favor, finding that the checkpoint was illegal, and dismissed the DUI charges outright.

Practice area(s): DUI

Court: San Bernardino County (San Bernardino)

January 2024

Our client, a Class A commercial driver’s license holder, was charged with a 2nd offense DUI resulting from a traffic stop. His BAC results were .19%/.19%. Because a conviction would have resulted in a lifetime revocation of his commercial driver’s license, we had to take the matter to trial. On the day of trial, the DUI charges were dismissed in exchange for a plea to reckless driving, which saved the client’s Class A commercial driver’s license from any suspension.

Practice area(s): DUI

Court: Riverside County (Murrieta)

January 2024

Our client was charged with domestic violence in violation of Penal Code section 273.5, child endangerment in violation of Penal Code section 273a, and keeping a loaded firearm near a child in violation of Penal Code section 25100. After a four-day jury trial, the jurors deadlocked at 9 voting not guilty, and 3 voting for guilt on all charges. After the hung jury, all alleged charges were dismissed.

Practice area(s): Domestic Violence

Court: Riverside County (Riverside)

May 2023

Our client was stopped at a DUI checkpoint and submitted to a breath test. The breath test results were .19%/.20%. Our office set the case for jury trial, and the case was dismissed in its entirety.

Practice area(s): DUI

Court: Riverside County (Indio)

May 2023

Our client was charged with DUI after being stopped by the CHP and submitting to a breath test. The breath test results were .12%/.12%. Our office set the case for jury trial, and on the last day of trial the prosecution dismissed the case entirely.

Practice area(s): DUI

Court: Riverside County (Riverside)

May 2023

Our client, a Class A Commercial CDL license holder, was charged with DUI resulting from a traffic stop. His BAC results were .19%/.20%. After negotiations on the eve of trial, the DUI charges were dismissed in exchange for a plea to reckless driving, which saved his commercial driver’s license. Our office also won the DMV hearing, further saving his commercial driver’s license.

Practice area(s): DUI

Court: Riverside County (Riverside)

May 2023

Our client was charged with murder following a DUI accident tragically resulting in the death of another person. After a four-day preliminary hearing, and significant negotiations, the murder charge, which carries a sentence of 15 years to life in prison, was dismissed in exchange for a plea to lesser charges and a determinate sentence.

Practice area(s): DUI

Court: San Diego County (Downtown)

December 2022

Our client, a licensed vocational nurse, was charged with DUI after a traffic stop. She was also facing a 1-year license suspension at the DMV for allegedly refusing a breath and blood test. Our office won her DMV hearing, resulting in no license suspension, and secured a dismissal of the DUI charges.

Practice area(s): DUI

Court: Riverside County

December 2022

Our client, a registered nurse, was charged with DUI after a traffic stop and analysis for her blood revealed a BAC of .223%. After setting the matter for PC 1538.5 suppression motion, and a jury trial, the DUI charges were dismissed.

Practice area(s): DUI

Court: Riverside County (Murrieta)

December 2022

Our client, a registered nurse, was charged with DUI resulting from a traffic collision. Her BAC results were .26%/.27%. After negotiations prior to a jury trial, the DUI charges were dismissed in exchange for a plea to reckless driving, which saved her nursing license.

Practice area(s): DUI

Court: Riverside County (Riverside)

December 2022

Our client was charged with felony DUI, with an enhancement for great bodily injury resulting in coma and/or paralysis, which carries up to 8 years in prison. After argument on a motion to dismiss following a preliminary hearing under PC 995, the court reduced the felony charges to misdemeanors and gave the client summary probation with no jail time.

Practice area(s): DUI

Court: Riverside County (Indio)

September 2022

Our client was charged with DUI after a traffic stop by CHP. Our office challenged the legality of the taking of her blood sample with a PC 1538.5 motion. The judge ruled that the blood was not taken in accordance with accepted medical practices, and suppressed the blood evidence. The DUI charge was dismissed.

Practice area(s): DUI

Court: Riverside County (Murrieta)

September 2022

Our client was facing 9 years in prison for a felony DUI charge resulting in a coma. After significant negotiations, the client did not serve any time in custody and will be eligible to have her charge reduced to a misdemeanor after serving probation.

Practice area(s): DUI

Court: Riverside County (Indio)

September 2022

Our client was charged with DUI following a traffic collision. The analysis of his blood sample revealed a BAC of .21%. After the filing of a PC 1538.5 motion challenging the legality of the blood draw, the charges were dismissed in exchange for a plea to reckless driving.

Practice area(s): DUI

Court: Riverside County

September 2022

Our client was charged with felony DUI causing GBI under PC 12022.7, and felony child endangerment. Following the preparation and filing a motion to dismiss, and extensive negotiations and accident reconstruction, the charges were dismissed in exchange for a plea to reckless driving.

Practice area(s): DUI

Court: Riverside County (Riverside)

November 2021

Our client was charged with four separate DUI offenses, all with BACs over .20%. A third DUI conviction typically carries a minimum of 120 days in county jail, and fourth DUI conviction carries up to 3 years in state prison. Our client was not convicted of any felony offenses, and did not do any jail time.

Practice area(s): DUI

Court: Riverside & San Bernardino County

November 2021

In a highly publicized case, our client was facing 11 years in prison on a serious felony DUI bodily injury case. Our client hit a CHP officer who was walking on a railroad track across a highway. The officer was tragically and severely injured. After over a year of fighting, the day of jury trial the case resolved for probation.

Practice area(s): DUI

Court: Sutter County (Yuba City)

November 2021

Our client held a Class A driver’s license. A DUI conviction would have resulted in a revocation of his Class A CDL for 1 year. Our office secured a dismissal of the DUI charges, saving the client’s driver’s license from suspension because of any conviction. We also won the DMV hearing saving the client’s driver’s license from suspension.

Practice area(s): DUI

Court: Riverside County

November 2011

Our client was charged with driving under the influence of alcohol and child endangerment. A conviction would have resulted in a loss of the client’s career. The case was dismissed in its entirety without a conviction, saving the client’s career.

Practice area(s): DUI

Court: Riverside County

August 2020

Our client was charged with 5 counts of felony domestic violence, and was facing up to 8 years in prison. Ultimately, the case settled for probation and no jail time.

Practice area(s): Domestic Violence

Court: Riverside County (Murrieta)

August 2020

Our client was accused of engaging in lewd acts in public, and, if convicted, would have been required to register as a sex offender under Penal Code section 290. After reviewing the case, the charge was dismissed, and the client pled guilty to an offense that does not require sex offender registration.

Practice area(s): Criminal Defense

Court: Riverside County (Murrieta)

August 2020

Our client was charged with DUI with an alleged .10% BAC. The case was set for a motion to suppress evidence and jury trial. Prior to the hearing on the motion to suppress evidence, the DUI charge was dismissed with no DUI conviction, no driver’s license suspension, and no jail time.

Practice area(s): DUI

Court: San Bernardino County (Rancho Cucamonga)

December 2019

Our client was arrested for possession of drugs and drug paraphernalia. Our firm filed a motion to dismiss for violation of the client’s speedy trial rights. The court granted the motion and dismissed all charged.

Practice area(s): Drug Charges

Court: Riverside County

December 2019

Our client was charged with a second offense DUI with an alleged .24% BAC. The case was set for a motion to suppress evidence and jury trial. Prior to hearing the motion to suppress evidence, the DUI charge was dismissed with no DUI conviction, no driver’s license suspension, and no jail time.

Practice area(s): DUI

Court: Riverside County

December 2019

Our client was charged with driving under the influence and tragically causing the death of another motorist. The client had two prior DUIs, and, as such, was charged with murder, which carries a potential sentence of life in prison. After negotiations, the murder charge was dismissed, and the client will be released in his 30s.

Practice area(s): DUI

Court: Riverside County (Banning)

October 2019

Our client was arrested for DUI, and a DUI conviction would have presented serious immigration consequences. The breath alcohol test results were .13%. Our firm negotiated a “wet reckless” plea, which resulted in no license suspension, no jail time, and saved the client’s immigration status.

Practice area(s): DUI

Court: San Bernardino County

October 2019

Our client was charged with a DUI .229% BAC. The case was set for a motion to suppress evidence and jury trial, because the evidence indicated the client’s blood was not draw in a medically appropriate manner. Prior to trial, the DUI charges were dismissed with no DUI conviction, no driver’s license suspension, and no jail time.

Practice area(s): DUI

Court: Riverside County (Murrieta)

October 2019

The prosecution alleged our client drove under the influence of alcohol with a BAC of .13%. Additionally, the client was involved in a rollover accident, and, according to the arrested officer, performed poorly on field sobriety tests. After a five-day jury trial, 10 of the jurors voted not guilty on all charges and the DUI charges were dismissed.

Practice area(s): DUI

Court: Monterey County (Salinas)

October 2019

On September 13, 2019, attorney Mike Donaldson argued an appeal in front of the Riverside County Appellate Division. Attorneys Mike Donaldson and Lara Gressley filed the appeal after a Riverside County Superior Court judge denied a motion to suppress evidence under Penal Code section 1538.5 that they filed on behalf of their client. The suppression motion argued that the police officers in the case subjected their client to a prolonged detention in violation of the Fourth Amendment, among other things. The superior court judge ruled that no such violation occurred, and denied the motion in its entirety. After oral argument in the appellate division, the appellate court issued a decision on September 17, 2019, in which it held that the police subjected the client to a prolonged detention in violation of his Fourth Amendment rights. The Appellate Division ordered the superior court to grant the motion to suppress evidence. The DUI charges were dismissed in their entirety after the appellate victory.

Practice area(s): DUI

Court: Riverside County (Riverside)

June 2019

Our client was arrested for DUI. The breath alcohol tests at the scene reported a .10% BAC. After our firm filed a motion to suppress evidence, the case settled for a “dry reckless,” with no driver’s license suspension, no jail time, and again saving the client’s career.

Practice area(s): DUI

Court: Riverside County (Murrieta/Temecula)

June 2019

Our client was arrested for DUI, and a DUI conviction would have destroyed her career. The breath test reported a .18% BAC. Our firm won her DMV hearing and settled the criminal case for a reckless driving which resulted in no driver’s license suspension, and saved the client’s career.

Practice area(s): DUI

Court: Riverside County

June 2019

Our client was charged with a 3rd offense DUI w/ an alleged .24% BAC. We won the client’s DMV hearing, saving the client’s driver’s license. In court, the case was set for a motion to suppress evidence and jury trial. Prior to the trial, the DUI charge was dismissed with no DUI conviction, no driver’s license suspension, and no jail time.

Practice area(s): DUI

Court: Riverside County (Riverside)