El Segundo, Second Time DUI, Lawyer Success # 14
Our client, age 29 and living outside California, was charged with one count of driving under the influence of alcohol (Vehicle Code Section 23152(a)), a misdemeanor, and one count of violation of driving while having a 0.08% or higher blood alcohol level (Vehicle Code Section 23152(b)) after an officer noticed him driving literally less than five feet the wrong direction on a divided road. Our client was staying at a hotel nearby for business and was unfamiliar with the local roads.
It was our client’s second DUI in the last five years.
Our client was intending to go to the local mini-mart to get some Pepto-Bismol for an upset stomach that was causing him to burp continuously. This is significant because in certain individuals, acid reflux disease or GERD (gastroesophageal reflux disease) can elevate the quantity of alcohol in a breath sample significantly above the blood alcohol concentration, leading to an inaccurate breath sample reading.
The officer who stopped him immediately began asking him about drinking. Our client admitted to having had “a few drinks.” The overzealous officer then administered several field sobriety tests, including a portable alcohol screening (PAS) test. Our client gave a breath sample at the arrest location that indicated a 0.10 blood alcohol content (BAC). He then submitted to a second PAS test at the police station which recorded the same BAC.
The first issue were whether the officer administered the PAS test too soon, as the police report was silent as to when the officer actually began observing our client. An officer must observe the suspect for fifteen minutes before giving the test (see People v. Sandra Molenda (2009)). The second issue was whether the PAS readings were accurate due to our client’s burping during the test.
As this was a second time DUI, the Airport Courthouse prosecutors were extremely callous and unsympathetic to our arguments. Greg Hill of our office appeared NINE TIMES in court over seven months, filing a Motion to Suppress the Evidence and pushing the case all the way to trial. Greg Hill went to each District Attorney’s supervisor, and then the supervisors’ supervisor, eventually negotiating with the Airport Courthouse’s highest ranking district attorney. He also sought to plead in the open to the judge handling the case. Everyone was deaf to the premature PAS test issue as well as the acid-reflux issues elevating the breath alcohol level.
In the end, our client accepted the plea bargain offered rather than face the penalties that might follow if he were convicted at trial. The deal offered was the minimum for a second time offender, but not the “first time offender” deal or wet reckless that our office sought for our client. The client was disappointed, but satisfied that we tried everything possible to get him justice.
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.
It was our client’s second DUI in the last five years.
Our client was intending to go to the local mini-mart to get some Pepto-Bismol for an upset stomach that was causing him to burp continuously. This is significant because in certain individuals, acid reflux disease or GERD (gastroesophageal reflux disease) can elevate the quantity of alcohol in a breath sample significantly above the blood alcohol concentration, leading to an inaccurate breath sample reading.
The officer who stopped him immediately began asking him about drinking. Our client admitted to having had “a few drinks.” The overzealous officer then administered several field sobriety tests, including a portable alcohol screening (PAS) test. Our client gave a breath sample at the arrest location that indicated a 0.10 blood alcohol content (BAC). He then submitted to a second PAS test at the police station which recorded the same BAC.
The first issue were whether the officer administered the PAS test too soon, as the police report was silent as to when the officer actually began observing our client. An officer must observe the suspect for fifteen minutes before giving the test (see People v. Sandra Molenda (2009)). The second issue was whether the PAS readings were accurate due to our client’s burping during the test.
As this was a second time DUI, the Airport Courthouse prosecutors were extremely callous and unsympathetic to our arguments. Greg Hill of our office appeared NINE TIMES in court over seven months, filing a Motion to Suppress the Evidence and pushing the case all the way to trial. Greg Hill went to each District Attorney’s supervisor, and then the supervisors’ supervisor, eventually negotiating with the Airport Courthouse’s highest ranking district attorney. He also sought to plead in the open to the judge handling the case. Everyone was deaf to the premature PAS test issue as well as the acid-reflux issues elevating the breath alcohol level.
In the end, our client accepted the plea bargain offered rather than face the penalties that might follow if he were convicted at trial. The deal offered was the minimum for a second time offender, but not the “first time offender” deal or wet reckless that our office sought for our client. The client was disappointed, but satisfied that we tried everything possible to get him justice.
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.