San Pedro, Second Time DUI, 0.24% BAC, Found with Pot

Our client was spotted running a stop sign in San Pedro.  It was approximately 11:00 p.m.  Harbor Division Police initiated a traffic stop and our client, age 28, handed the police $66 instead of her license.  She was asked to then step out of the car and fell out onto the pavement.  Police searched her car and found about 15 grams of “wax,” a new more potent form of concentrated cannabis.  There were no pay-owe sheets or electronic scales found.
Synopsis:  San Pedro, second time DUI, client BAC 0.24% and found concentrated cannabis in violation of Health & Safety Code § 11357(a), case resolved for second time DUI minimums in Long Beach Superior Court.
Police decided not to administer any field sobriety tests (FST’s) due to our client’s clearly inebriated condition. 

Police then transported our client to the Harbor Division Police Station and there, had her provide a breath sample, which measured her blood alcohol content (BAC) at 0.24%.  The client was then transferred to the Lynwood Women’s Facility, where she was later released.

The client knew that she faced a possible felony, as 11357(a) is a “wobbler,” meaning it can be charged as either a felony or misdemeanor depending upon the facts of the case and the criminal record of the defendant, as well as his or her age.

She contacted Greg Hill & Associates and retained us.  Greg immediately urged the client to enroll in AA and attend at least once per week.  He also made contact with the Long Beach District Attorney’s office, the Harbor Division of the Los Angeles Police Department and even the Los Angeles City Attorney’s office, which would handle the case if it were filed as a misdemeanor. 

Greg Hill & Associates also called the DMV, reserved a DMV hearing, and prepared a brief in favor of reinstating our client’s driving privileges, with evidentiary objections to the Department’s evidence.  We also attended the DMV hearing with the client present.  We lost the DMV hearing, however, as the arresting officer appeared and authenticated the police reports and testified to issues overlooked by police in the reports, unfortunately for our client curing the defects.

In court, our office appeared in the Long Beach Superior Court and with relief found the case was filed as a misdemeanor and not a felony.  The Los Angeles City Attorney assigned to the case, however, viewed the case as very serious and the opening offer was 20 days of county jail, a $750 fine, plus penalties and assessments (over $3,300 total would be owed), the SB38 alcohol awareness program (the 18 month program) and attendance at the Mothers Against Drunk Driving 3 hour program.

Greg was able to present the City Attorney with reasons why a jury might view the police report with skepticism, due its many errors.  Over several months of negotiations, Greg was able to reach a plea bargain of minimum terms, meaning 96 hours of county jail, a $390 fine, the SB38 program the MADD program and five years of informal, or summary probation.  The client was happy to have avoided the original fines that would have added over $1,500 to what she had to pay to the Los Angeles Superior Court.  The possession charge was also dismissed.

For more information about what could be a second-time DUI punishment, what to do in a DUI traffic stop and DUI based on being under the influence of drugs, click on the following articles:
  1. What Punishment Do I Face for a Second-Time DUI?
  2. 10 Things to Do If Stopped for DUI
  3. DUI Based on Being under the Influence of Drugs
Watch our video about DUI by clicking here.
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