LAX Courthouse, 0.12 BAC, Case Resolved as Speeding, Lawyer Success # 10
Our client was charged with one count of driving under the influence of alcohol (Vehicle Code Section 23152(a)), a misdemeanor.
Police stopped our client at approximately at 2:40 a.m., as he allegedly was weaving in and out of his lane in violation of Vehicle Code section 21658 near LAX. At the time of the alleged weaving, there were no other cars on the road nearby. Police also alleged our client was speeding. Our client had no passengers.
Police immediately began harassing our client and pushed him into performing field sobriety tests. According to the police report, our client failed all the field sobriety tests at the scene. Officers then asked our client if he would like to submit his breath to a portable alcohol screening device at the scene. Our client refused, asking to instead give blood for such purposes.
More than two hours later, he gave his blood sample and it showed he had a blood alcohol content (“BAC”) of 0.09. As blood alcohol content generally drops by 0.018 per hour, the District Attorney at the Airport Courthouse told us that this meant our client actually had a 0.12 BAC when driving just before being arrested.
Greg Hill of Greg Hill & Associates (formerly John Hill & Associates) pointed out to the DA that the arrest was unlawful because there is no violation of Vehicle Code section 21658 unless our client impeded another driver or endangered the safety of a pedestrian or bicyclist.
The District Attorney must have had a similar case where such an argument prevailed for the defendant, so she quickly offered to dismiss the DUI charge if our client agreed to plead to misdemeanor speeding, but with the agreement that our client attend the three month alcohol awareness program (also called the “First Time Offender Program” or AB541 program), pay a $300 fine, plus penalties and assessments, and submit to 36 months summary probation.
Our client agreed, as with a 0.12 BAC while driving his car, he was resolving his case with neither a DUI or “wet reckless” to ruin his record.
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.
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.
Police stopped our client at approximately at 2:40 a.m., as he allegedly was weaving in and out of his lane in violation of Vehicle Code section 21658 near LAX. At the time of the alleged weaving, there were no other cars on the road nearby. Police also alleged our client was speeding. Our client had no passengers.
Police immediately began harassing our client and pushed him into performing field sobriety tests. According to the police report, our client failed all the field sobriety tests at the scene. Officers then asked our client if he would like to submit his breath to a portable alcohol screening device at the scene. Our client refused, asking to instead give blood for such purposes.
More than two hours later, he gave his blood sample and it showed he had a blood alcohol content (“BAC”) of 0.09. As blood alcohol content generally drops by 0.018 per hour, the District Attorney at the Airport Courthouse told us that this meant our client actually had a 0.12 BAC when driving just before being arrested.
Greg Hill of Greg Hill & Associates (formerly John Hill & Associates) pointed out to the DA that the arrest was unlawful because there is no violation of Vehicle Code section 21658 unless our client impeded another driver or endangered the safety of a pedestrian or bicyclist.
The District Attorney must have had a similar case where such an argument prevailed for the defendant, so she quickly offered to dismiss the DUI charge if our client agreed to plead to misdemeanor speeding, but with the agreement that our client attend the three month alcohol awareness program (also called the “First Time Offender Program” or AB541 program), pay a $300 fine, plus penalties and assessments, and submit to 36 months summary probation.
Our client agreed, as with a 0.12 BAC while driving his car, he was resolving his case with neither a DUI or “wet reckless” to ruin his record.
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.
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.