A Variety of Results Are Possible.
DUI .21% BAC: REDUCED - NO DUI & NO LOSS OF DRIVER'S LICENSE.
Young man beginning a career with the Forestry Service
was arrested for driving with a .21 BAC. Mr. Hamilton was able to get the DUI dismissed in exchange
for a plea to "public intoxication" -- and additionally prevail at the subsequent DMV hearing. Result: Small
fine -- no probation, no SR-22, no school, no alcohol terms, no Ignition Interlock Device (IID), no job loss, and
no loss of his driver's license. Superior Court & DMV
.
DUI .18 BAC: REDUCED - NO DUI & NO LOSS OF DRIVER'S LICENSE.
Government charged Red Bluff man with driving with a .18 BAC –
the court ACQUITTED him of the CVC § 23152(b) and dismissed CVC §
23152(a) in exchange for his plea to a dry reckless and remaining charges. Result: Small fine & summary probation -- no jail, no SR-22, no loss of driver’s license, no school,
no alcohol terms, and no Ignition Interlock Device (IID). Superior
Court & DMV.
.
DUI .12 BAC: HUNG JURY (11-1 Not Guilty)/ENTIRE CASE DISMISSED.
Mr. Hamilton represented a soldier who had recently completed a 15-month tour in Kuwait
and was recommeded for a "Purple Heart." The soldier
was accused of driving under the influence of alcohol with a .12 BAC (Note: the prosecution was unsucessful
in their attempt to amend the complaint adding injury to a passenger). After a 6 day trial, the jury
returned on the 7th day with an 11 to 1 decision in favor of the soldier. The eleven jurors who
voted in favor of the defense, waited in the hallway and outside the building to shake hands with Mr. Hamilton and
his client as they exited the courthouse. The jurors, some with tears in their eyes, explained that the one
hold-out juror had made up her mind early on and simply refused to listen to the evidence and the law. In
sum, the Government failed to prove its case and the action was dismissed. Superior Court. Reduced DMV license suspension
also obtained. (Note that a DUI arrest causes two
separate and distinct actions - one by the court and one by the DMV).
.
DUI .12 &
.09 BAC & CARRYING LOADED GUN IN VEHICLE (Penal Code § 12031): REDUCED TO "WET RECKLESS."
An Oregon artist was involved in an accident while driving with a .12 roadside
PAS Test and a .09 Chemical Test (evidencing a declining BAC). The woman was also charged with carrying a fully loaded
45-caliber pistol in her vehicle. Result: DUI reduced to "wet reckless" and gun charge dismissed
(gun politely returned). Superior Court.
.
SPOTLIGHTING GAME AT NIGHT -- ENTIRE CASE DISMISSED.
Man
charged with spotlighting game at night with gun [Fish & Game Code § 2005(a)] -
dismissed. Superior Court.
.
CARRYING LOADED GUN IN VEHICLE (Penal Code § 12031) - ENTIRE CASE DISMISSED.
Man on probation charged with carrying a loaded firearm
in his vehicle - case dismissed. Superior Court.
.
WRIT OF MANDATE GRANTED by the Appellate Division of the Superior Court (Civil).
Note: As each case is unique in its technicalities and weaknesses, the
listed defense victories do not constitute, guarantee, warranty, or prediction the outcome of any criminal
allegations against you, but your chances of defeating your drunk driving case increase dramatically when you hire a DUI/DWI
attorney who concentrates on defending Drunk Driving cases in California.
All results are verifiable through Superior Court and DMV records.
