A San Bernardino Criminal Defense Attorney, recently made headlines in a case in which he was able to successfully help his client avoid many years in Jail. This case illustrates the value of a skilled San Bernardino Criminal Defense Lawyer assisting you on your case. Charges such as these could have easily resulted in several years in state prison.
Our firm concluded a DUI case in Rancho Cucamonga court house this week, that illustrates an important point. Namely, this case demonstrates that the great results we seek for our clients will not come easily, and the DUI Attorney who gives up too easily will rarely achieve the desired result.
This particular DUI case was one in which the evidence against our client was fairly light. There was no evidence of bad driving. The stop occurred late at night near a bar for a very minor (probably fabricated) traffic code violation. The officer approached our client, who was not impaired, but who was honest with the officer that he had been at a club, and the DUI investigation commenced. My client gave a preliminary breath test at the scene and blew a 0.08 the first time, and a 0.07 the second time. My client was arrested and taken to the station where he blew a breath test of 0.07.
Our San Bernardino DUI Attorneys began fighting this case immediately. Our position on the case was that there was no impairment and that our client’s case should be dismissed. Upon meeting with the DA assigned to the case it was clear they had no intention of being reasonable. The District Attorney refused to make us an offer on the case that included a dismissal and a reduction of any kind. Our client’s position was that he was willing to plead guilty to a reckless driving charge (wet reckless), but not to a DUI charge.
Once it became clear to our DUI Lawyers in Rancho Cucamonga that the DA assigned on this case was not going to cooperate, we decided to prepare to take this case to trial. We felt confident that we could convince a jury that the facts of this case did not support a conviction for DUI.
To make a long story short, after a year long fight on this case, on the eve of trial, the district attorney finally agreed to reduce the charges to a dry reckless driving offense. This was better than our client had ever hoped for, and rather than expose himself to any risk of conviction at trial, our client agreed to a plea bargain for a reckless driving charge (dry reckless).
Again, this is one of those cases in which a less determined Rancho Cucamonga DUI attorney would have given up when it became clear that the District Attorney had no intention of working out a fair deal. But the fantastic outcome our client deserved was not going to come without a fight.
If you are being charged with a DUI in Rancho Cucamonga or any court in Southern California, do not give up with out a fight. Call Us. We know how to fight for you.
Field sobriety tests are conducted under difficult and nerve racking conditions right after you have been pulled over for suspicion of drunk driving. Typically, the driver is asked to submit to physically demanding tests, including:
Walking in a straight line, heel to toe and toe to heel – frequently on gravelly, uneven pavement.
Stand on one leg for a period of time, balancing in the darkness of night or heat of day; ladies must do so in their high heels if they are wearing them. Professional athletes and gymnasts
Follow the beam of a flashlight that is pointed in your eyes at a close distance.
You cannot be required or forced by authorities to take field sobriety tests. The officer often uses these tests in an effort to gather damaging evidence against you. DUI attorneys vehemently advise against taking roadside sobriety tests.
What Happens if You Refuse to Take a Blood, Breath or Urine Test?
If you refuse to submit to a blood, breath or urine test your driver’s license will be suspended.
In California, as an example, the driver’s license suspension is one year.
The refusal to take the test is a violation of the implied consent law: every driver gives their consent when they receive their driver’s license.