Newport Beach, 0.07 BAC, Wet Reckless, Attorney Success # 27
Our client, an Air Force Technical Sergeant home from a tour in Iraq, was pulled over by the CHP on the 405 Freeway for allegedly speeding.
Our client refused to submit to a Portable Alcohol Screening Test at the scene, so officers took him to a hospital, where he provided a blood sample an hour after being pulled over. The blood alcohol content was tested at a BAC of 0.074.
The Newport Beach District Attorney handling the case prided herself on “maxing out” everyone, so the initial offer was a standard first time offender offer. The District Attorney explained that she would bring in an expert witness to say that our Client’s BAC was over 0.09 when he was pulled over, as blood alcohol content generally decreases by 0.02 per hour and the blood sample was taken an hour after his arrest.
Our office countered for a wet reckless, arguing that the chain of custody of the blood sample was insufficient to ensure that the blood tested was our client’s and that the blood sample, if it was his, was not compromised. Our office presented research showing what the Orange County Crime Lab protocol was and why the phlebotomists testing our client’s blood omitted required information in their documentation of the tests and handling of the sample.
The District Attorney refused to consider our arguments that we believed would sway at least one, if not more, jurors, possibly resulting in a defense verdict. Our office therefore went to the District Attorney’s supervisor, who politely listened to us.
At the next court appearance, the fourth in the case, the District Attorney offered our client a wet reckless, which our client was very happy with, as it saved him almost $1,000 in fines, penalties and assessments payable to the court.
If you or a family member or friend has been charged with DUI in Orange County, call our office. The District Attorneys in Orange County are tough, but we have the legal and technical experience to break down their façade of being tough on all DUI’s.
We are available 24 hours a day. Our office phone number is (310) 782-2500. Call us today.
Our client refused to submit to a Portable Alcohol Screening Test at the scene, so officers took him to a hospital, where he provided a blood sample an hour after being pulled over. The blood alcohol content was tested at a BAC of 0.074.
The Newport Beach District Attorney handling the case prided herself on “maxing out” everyone, so the initial offer was a standard first time offender offer. The District Attorney explained that she would bring in an expert witness to say that our Client’s BAC was over 0.09 when he was pulled over, as blood alcohol content generally decreases by 0.02 per hour and the blood sample was taken an hour after his arrest.
Our office countered for a wet reckless, arguing that the chain of custody of the blood sample was insufficient to ensure that the blood tested was our client’s and that the blood sample, if it was his, was not compromised. Our office presented research showing what the Orange County Crime Lab protocol was and why the phlebotomists testing our client’s blood omitted required information in their documentation of the tests and handling of the sample.
The District Attorney refused to consider our arguments that we believed would sway at least one, if not more, jurors, possibly resulting in a defense verdict. Our office therefore went to the District Attorney’s supervisor, who politely listened to us.
At the next court appearance, the fourth in the case, the District Attorney offered our client a wet reckless, which our client was very happy with, as it saved him almost $1,000 in fines, penalties and assessments payable to the court.
If you or a family member or friend has been charged with DUI in Orange County, call our office. The District Attorneys in Orange County are tough, but we have the legal and technical experience to break down their façade of being tough on all DUI’s.
We are available 24 hours a day. Our office phone number is (310) 782-2500. Call us today.