DUI Case Victories
WE HAVE A HISTORY OF COURTROOM VICTORIES IN DUI CASES THROUGHOUT SOUTHERN CALIFORNIA AND ACHIEVE RESULTS BY AGGRESSIVE REPRESENTATION
We continue to achieve tremendous results for our clients facing misdemeanor and felony charges for all DUI and drunk driving-related offenses in Southern California courtrooms. As former Los Angeles DUI prosecutors, we have a balanced and in-depth understanding of the criminal justice system, having established professional relationships with other defense attorneys, law enforcement personnel, prosecutors, and judges throughout Southern California. Please review a few recent examples of our courtroom successes in felony and misdemeanor DUI charges:
DUI AND REFUSAL, CHARGE DISMISSED: VAN NUYS COURT
A driver caused an accident after apparently falling asleep at the wheel. He rear-ended another car which resulted in injury to the occupants. LAPD officers arrested him for Felony DUI charges after establishing that he took too much prescription medication for a migraine condition. The officers decided that her was being uncooperative and charged him with refusing blood alcohol testing because of a miscommunication because English as his second language and he had a strong stutter. All DUI charges were dismissed. In addition the allegation that he refused the testing was also dropped.
FELONY DUI CAUSING INJURY, CHARGES DISMISSED: GLENDALE COURT
Our client was charged with Felony DUI with injuries and had a prior charge for the same thing. Prior to the preliminary hearing, we were able to have the case reduced to a misdemeanor DUI. Instead of prison time for a felony DUI, our client received credit for his time already served and community service.
FELONY HIT AND RUN (WITH ALLEGATIONS OF DUI), DISMISSED: SAN FERNANDO
The LAPD alleged that a licensed medical professional left the scene of traffic accident causing injury, due to intoxication. All felony charges were dismissed in trial court. Our client was able to resolve the case for a misdemeanor plea after the DA requested prison at the preliminary hearing.
VEHICULAR MANSLAUGHTER DUE TO SPEED AND POSSIBLE INTOXICATION, DISMISSED: SAN FERNANDO
Our client was accused of making an illegal left turn at night which resulted in the death of an elderly person who was in the oncoming traffic. After demonstrating that our client was not intoxicated and not at fault, the criminal charges were dismissed. The defense forensic expert established that the decedent may have in fact been intoxicated around time of collision.
DUI AND DRUG CHARGES DISMISSED AFTER PRESENTION OF MEDICINAL MARIJUANA EVIDENCE: VAN NUYS COURT
After client was arrested and criminally charged, we determined that he was a patient with proper medicinal recommendations pursuant to Proposition 215 and AB 240. The LAPD had followed our client from a medicinal marijuana dispensary prior to arresting him. Both criminal charges were dismissed on the eve of the trial. Client only pled guilty to a speeding infraction as part of the disposition.
DUI CHARGES DISMISSED: LOS ANGELES METRO COURT, 1945 HILL STREET
Our client was charged with DUI and hit and run. After extensive negotiations with the city attorney's office, both charges were dismissed. Rather, the client instead admitted to the low grade misdemeanor charge of drunk in public and probation was imposed.
SECOND TIME DUI, WHILE ON PROBATION FOR DUI: VAN NUYS COURT
Our client’s blood alcohol concentration tested .19 after blood was drawn by the LAPD. Our firm hired a forensic services company to retest the client’s sample. It turned out that there was a major discrepancy between our independent result and the police-obtained evidence. The second DUI was thus reduced to a wet reckless. Our client paid a fine to the court and only received informal probation. There was no jail on the new case or on the probation violation.
DUI CHARGES (FOR PRESCRITION DRUGS) REJECTED BEFORE COURT: LAX COURTHOUSE
Our client was involved in a traffic accident, submitted to blood testing, and was thereafter arrested by the LAPD on charges of a DUI. The LAPD suspected that our client was driving under the influence of prescription drugs. After discussing the matter with the prosecution, our firm demonstrated that the prescription drugs did not affect the driving. Consequently, all charges were dropped.
JUVENILE IN POSSESSION OF ALCOHOL, LICENSE SUSPENSION AVOIDED: SANTA MONICA COURTHOUSE
A juvenile was cited for possession of alcohol. After completing some assigned classes, the case was dismissed and there was no suspension of the juvenile’s driver’s license.
DUI IN JUVENILE COURT, DIVERSION GRANTED PURSUANT TO PROVISIONS OF THE WELFARE AND INSTITUTIONS CODE: CASE DISMISSED IN SYLMAR COURT
Our client was arrested for driving under the influence as a juvenile with a high blood alcohol level. The firm was able to obtain a dismissal pursuant to WIC Section 654.
2nd DUI IN JUVENILE COURT, DIVERSION GRANTED PURSUANT TO PROVISIONS OF THE WELFARE AND INSTITUTIONS CODE: CASE DISMISSED IN VENTURA COURT
Our client was arrested for a second time for driving under the influence as a juvenile with a high blood alcohol level. Our firm was able to obtain a dismissal pursuant to WIC Section 654, despite the prior DUI arrest, which had been resolved for an infraction.
CLIENT ARREST FOR DRIVING WHILE POSSESSING MARIJUANA, CASE DISMISSED: MALIBU COURT
Our client was arrested for possession of marijuana. After the client completed twelve Marijuana Anonymous meetings, our firm was able to convince the prosecution to dismiss the case in the interest of justice pursuant to Penal Code Section 1385.
CLIENT ARRESTED FOR 2ND DUI and FELONY EVADING THE POLICE, PRISON AVOIDED: VAN NUYS COURTHOUSE
While driving under the influence, our client led a high speed pursuit in violation of Vehicle Code Section 2800.2. He was arrested for Felony Evading, which meant he would be facing over 3 years in prison. Our defense team retained a psychiatrist, who diagnosed our client as a sufferer of Post-Traumatic Stress Disorder because he had been a victim of a violent crime. We were able to convince the court to send our client out for a 90-day diagnostic pursuant to Penal Code Section 1203. Over the prosecutor’s objection, our client received probation.
SERIOUS DUI CASE WITH CHARGES OF CHILD ENDANGERMENT AND RESISTING ARREST, NO JAIL TIME: 1945 S. HILL STREET, METRO COURTHOUSE
The client retained our law firm after receiving the prosecution’s offer of one year in county jail. Based on a presentation of substantial evidence of mental problems, the case was resolved for 400 hours of community service, parenting classes, and drug testing.
CLIENT RESENTENCED ON CASE AFTER RECEIVING 1 YEAR IN COUNTY JAIL BEING REPRESENTED BY ANOTHER LAW FIRM: VAN NUYS COURTHOUSE
The client had already pled guilty while being represented by another lawyer on two cases, resulting in one year of jail time. This amount of time made the case an aggravated felony for the INS and the defendant faced deportation. After retaining us, the client completed a substantial drug program. Thereafter, the firm pointed out the weaknesses in the case to the prosecution and the defendant was resentenced to no jail.
BENCH WARRANT ISSUED FOR PROBATION VIOLATION ON DUI CASE, NO JAIL: VAN NUYS COURT
In Van Nuys, our client had a bench warrant out on an old DUI case. The warrant was recalled, probation was reinstated, and our client was ordered to pay a fine only.
POSSESSION OF MARIJUNANA AT AIRPORT, CHARGE DROPPED: NORTHERN CALIFORNIA
Client applying for citizenship was arrested at San Jose Airport for possession of marijuana. The charge was reduced to a Disturbing the Peace Infraction, which cleared the way for the pending immigration application.
CLIENT ARRESTED FOR DUI AFTER CAR ACCIDENT, DUI CHARGES DROPPED: MALIBU COURTHOUSE
Client was driving to Cambria when he crashed a new car on the 101 Freeway. He was arrested for DUI because of prescription medication. Our firm proved to prosecution that there was no causation between the prescription drugs and the car accident, i.e. that all the medication was lawful and within the prescribed limits. The case was resolved for a non-alcohol related traffic offense.
CLIENT ARREST FOR SUSPENDED LICENSE OFFENSE, DUE TO DUI CHARGES, CHARGE DROPPED, NO JAIL: VAN NUYS COURTHOUSE
Client was facing substantial jail time because of driving on a suspended driver’s license with multiple prior DUI arrests. He was being investigated by a special DUI Unit (H20). Our firm was able to prove that his driver’s license was not suspended when he arrested by the special unit, which had followed the client from the court house. The charges were reduced to driving without a valid driver’s license - a misdemeanor that carries no points and no jail. Thus, the main charge was dismissed!
DUI FOR MARIJUANA, CHARGES DROPPED - VAN NUYS COURTHOUSE
A licensed car salesman was charged with a DUI/Marijuana. A conviction would cause him to lose his job because his license would be suspended. The initial blood test done by the prosecution showed positive for THC. Our firm then hired an independent forensic lab to do further testing. Our tests turned up negative for THC 9, the active ingredient in marijuana that actually causes an "affect on the ability to drive." After showing the test results to the prosecutor, the prosecution dismissed the DUI charges. The case was resolved for a speeding ticket with traffic school.
DUI CHARGES DISMISSED: SANTA CLARITA COURT
Client was arrested for DUI after a breath test revealed .09/.10 results. The DUI charges were dismissed after our firm demonstrated problems with the showing of proof. Client agreed to a reduced, non alcohol-related offense, of reckless driving.
DUI CHARGES DISMISSED: TORRANCE COURT
Client was arrested for DUI charges after a breath-alcohol test revealed .14/.14 results. After plea negotiations and a success at the DMV hearing allowing the client to keep his driver's license without a suspension, the prosecution dismissed the DUI charges. Client instead pled to a non-alcohol driving charge and paid a fine.
DUI CAUSING ACCIDENT DISMISSED: LAX COURT
All DUI allegations were dismissed despite .09/.09 BAC results at the police station. Client accepted a case settlement for a reduced charge of speed exhibition (non-alcohol related) after we were able to demonstrate the problems of proof to the prosecution.
HIT AND RUN CHARGES DISMISSED: VAN NUYS COURT
We obtained a civil compromise causing all criminal charges that were stemming from the hit and run incident to be dismissed. Client left the courtroom with a clean record.
DUI CHARGES DISMISSED: VAN NUYS COURT
Client was arrested for DUI charges after .07/.08 BAC reading at the police station. We were able to get the DUI charges dismissed. Client instead settled the case for a minor infraction of making an illegal left turn.
NUMEROUS SUCCESSFUL DMV HEARINGS: THROUGHOUT SOUTHERN CALIFORNIA
We boast numerous victories in setting aside driver’s license suspensions by DMV, for DUI arrests, for failure to present financial responsibility, for numerous points on a driving record, and for at-fault accidents.
Kestenbaum Eisner & Gorin LLP has been recognized as one of the best U.S. law firms, based on the experience, professionalism, and ethics of its criminal defense lawyers and attorneys. For our clients' convenience, we have offices in the vicinity of courthouses in Beverly Hills, Burbank, Glendale, Long Beach, Los Angeles, Pasadena, South Bay, Valencia, Whittier, and San Bernardino, and we are accessible 24 hours a day, 7 days a week. Our main office is directly across the street from the Van Nuys Court and the Van Nuys LAPD Jail.
Kestenbaum Eisner & Gorin LLP has been recognized as one of the best U.S. law firms, based on the experience, professionalism, and ethics of its criminal defense lawyers and attorneys. We aggressively defend clients in all Southern California courtrooms on state and federal charges, including DUI, DMV, misdemeanor, felony, juvenile cases, in the following communities and courthouses.