Westminster, Client Had 0.27 BAC, Case Dismissed # 4
Our client, age 33, was arrested as she exited a Los Alamitos Wendy’s restaurant drive-through at about 1:30 on a Saturday afternoon. She had spent the prior night drinking heavily and then the morning doing likewise at a local bar. She then left the bar with her husband and bought a 12 pack at a local supermarket before proceeding to the Wendy’s at issue.
When officers pulled her over, she was allegedly swerving within her lane, although the 911 call was by a supermarket employee who thought our client was too drunk to drive.
At the scene and after submitting to several field sobriety tests, our client gave a breath sample into a portable alcohol screening device, which measured her blood alcohol level at 0.27. According to her husband, who was riding in the car with our client and observed the field sobriety tests, officers were verbally abusive and intimidating to his wife.
Our client was charged in Orange County Superior Court with one count of driving under the influence of alcohol (Vehicle Code Section 23152(a)), a misdemeanor, one count of driving while having a 0.08% or higher blood alcohol level (Vehicle Code Section 23152(b)).
Greg Hill of Greg Hill & Associates (formerly John Hill & Associates) immediately wrote the Westminister District Attorney and demanded a copy of the police report, as well as any supplemental reports, videos, audio recordings, photographs and criminal histories of any witnesses the prosecution intended to call as part of their case in chief. When the District Attorney seemed to sleep on the letter, Greg Hill called and wrote the District Attorney to follow up. The District Attorney seemed to be hiding something, as he did not want to discuss the case at all when pressed.
When Greg Hill appeared for the arraignment, he was advised that the District Attorney had decided not to file the case.
While we do not know to this day why exactly the District Attorney decided against filing, our client’s husband believes it was police misconduct that swayed the D.A. Our office’s aggressive efforts to obtain exculpatory materials must have spooked the D.A. into deciding to let this case pass.
If you or a family member have been charged with a DUI (Vehicle Code (VC) § 23152(a)), or Vehicle Code (VC) § 23152(b)) call our office today. One of our attorneys will speak with you immediately and will fight vigorously for you. No detail is too small. We will be aggressive from the start, which sometimes leads to a District Attorney shying away from a filing.
Don't risk losing your employment or your reputation. Call us today at (310) 782-2500 for your free consultation. We are available 24 hours a day, 7 days a week to help you.
When payment is an issue, we have very competitive flat fee rates to represent you or your family member. In special circumstances, we will also consider payment plans where payments are spread out over time. We also accept all major credit cards.
When officers pulled her over, she was allegedly swerving within her lane, although the 911 call was by a supermarket employee who thought our client was too drunk to drive.
At the scene and after submitting to several field sobriety tests, our client gave a breath sample into a portable alcohol screening device, which measured her blood alcohol level at 0.27. According to her husband, who was riding in the car with our client and observed the field sobriety tests, officers were verbally abusive and intimidating to his wife.
Our client was charged in Orange County Superior Court with one count of driving under the influence of alcohol (Vehicle Code Section 23152(a)), a misdemeanor, one count of driving while having a 0.08% or higher blood alcohol level (Vehicle Code Section 23152(b)).
Greg Hill of Greg Hill & Associates (formerly John Hill & Associates) immediately wrote the Westminister District Attorney and demanded a copy of the police report, as well as any supplemental reports, videos, audio recordings, photographs and criminal histories of any witnesses the prosecution intended to call as part of their case in chief. When the District Attorney seemed to sleep on the letter, Greg Hill called and wrote the District Attorney to follow up. The District Attorney seemed to be hiding something, as he did not want to discuss the case at all when pressed.
When Greg Hill appeared for the arraignment, he was advised that the District Attorney had decided not to file the case.
While we do not know to this day why exactly the District Attorney decided against filing, our client’s husband believes it was police misconduct that swayed the D.A. Our office’s aggressive efforts to obtain exculpatory materials must have spooked the D.A. into deciding to let this case pass.
If you or a family member have been charged with a DUI (Vehicle Code (VC) § 23152(a)), or Vehicle Code (VC) § 23152(b)) call our office today. One of our attorneys will speak with you immediately and will fight vigorously for you. No detail is too small. We will be aggressive from the start, which sometimes leads to a District Attorney shying away from a filing.
Don't risk losing your employment or your reputation. Call us today at (310) 782-2500 for your free consultation. We are available 24 hours a day, 7 days a week to help you.
When payment is an issue, we have very competitive flat fee rates to represent you or your family member. In special circumstances, we will also consider payment plans where payments are spread out over time. We also accept all major credit cards.