The Client was convicted of “DUI” in Ohio in September of 2009 and in the following month, the DMV suspended the Client’s driver license. The DMV did not have the legally required documents from Ohio when they suspended the license.
We were able to demonstrate that DMV did not have the required documents. Rather than facing the potential of a large attorney fee award by the court, they agreed to set aside the suspension and pay a portion of the Client’s attorney fees.
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Writ of Mandate - Ohio DUI Convictions on California Record

Jack R. v. DMV (09-23-15) (Orange County)

The Client was arrested for DUI on September 18, 2013 and released on his written promise to appear with a scheduled court date of October 21, 2013. On October 21, 2013 the District Attorney had not yet filed a complaint charging him with a crime. The Client came to us for help and we filed a motion to have the case dismissed for violation of his Sixth Amendment to the United States Constitution right to a speedy trial.
The trial court agreed the Client’s Constitutional right had been violated by the prosecution's failure to make any effort to bring the Client before the court and dismissed the case.
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Motion to Dismiss DUI for Violation of Constitutional Right - CASE DISMISSED

The People v. Martin M.. (04-27-15) (Orange County)

The Client was arrested for DUI on December 11, 2012 and released on bail with a scheduled court date of January 8, 2013. When he appeared in court on January 8, 2013 the District Attorney had not yet filed a complaint charging him with a crime. On May 6, 2013 the DA finally charged him with DUI.
The Court of Appeal stated that our clients entitlement to a new hearing under both the state and federal speedy trial standards is “so obvious that no purpose could reasonably be served by plenary consideration of the issue.” A new hearing has been granted.
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Appeal of Denial of Motion to Dismiss DUI - New Hearing GRANTED

The People v. Frank M. (04-13-15) (Orange County)

Lewis gave two PAS breath tests (.084% & .082%), followed by two chemical breath tests (.091% & .088%), and finally a blood test (.094%) all within two hours of being stopped. At the DMV hearing Lewis’ expert testified his BAC was rising and was 0.07% or less at the time of driving. After DMV suspended his license anyway, Lewis sought a writ of mandate in the superior court to overturn the decision. The superior court granted the writ of mandate. The DMV appealed the superior court decision.
We were able to demonstrate for the Court of Appeal that the evidence supported the trial court’s decision and that the DMV’s arguments were speculative and not based on the evidence. The Court of Appeal agreed and affirmed the superior court decision.
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Lewis V.

Lewis V. Shiomoto (01/28/15) (Court of Appeal - Fourth District)

Our Client provided a blood sample during his DUI arrest, which was tested with a 0.09% result according to the Sheriff’s Crime Lab. A re-test at an independent lab showed a result of 0.07%. The DMV ignored the re-test and suspended our Client’s license.
We showed that our Client’s expert witness was credible and the DMV’s expert was not. Without the three-hour presumption the DMV did not have evidence that our Client was driving with a BAC of 0.08% or more. The Court agreed and set-aside the suspension.
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DUI License Suspension - Set Aside

David P. v. DMV (01/27/15) (Los Angeles County)

Our client was under the age of 21 when she was arrested for a hit and run collision & a DUI with a BAC of 0.20%. The DA did NOT file a complaint before the date that the Client had promised to appear in court. The District Attorney issued a warrant for the Client’s arrest; however, the Client was never notified of the warrant.
We filed a motion for violation of the Client’s constitutional right to a speedy trial. The court agreed her right had been violated and dismissed the case.
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People v. Brooke M. (11-18-14) (Orange County)

Client was arrested at a DUI checkpoint in Huntington Beach with an alcohol level of 0.13%. The court failed to start his trial on the last day allowed by law because there were no jurors available. The next day the trial court denied our motion to dismiss for violation of his rights to a speedy trial. We appealed to the Superior Court Appellate Division, who also denied our motion.
We took the case to the Court of Appeal. The Court of Appeal reversed the Superior Court and ordered it to dismiss our Client’s case.
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Checkpoint DUI - DISMISSED

People v. Joshua F. (10-30-14) (Orange County)

The DA had only subpoenaed the driving officer, not the passenger/arresting officer. The DA tried to continue the motion to subpoena the correct cop. We vigorously opposed the motion on the grounds that the DA had not been diligent in preparation.
The judge agreed with us, and because the DA had not subpoenaed the arresting officer they were unable to proceed in the time required by law. DUI dismissed!
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People v. Daniel D. (10-14-14) (Los Angeles County)