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Recent Victories

.12% DUI With Prior, Watson Murder Charge Reduced to Vehicular Manslaughter.   Murder charges were dismissed after a two years of dedicated defense.  Client avoided a 15 year to life sentence.

 

.14% DUI Accident With Great Bodily Injury & Hit and Run. Victim who was riding a bicycle  suffered numerous broken bones, missed (4) months of work and incurred $150K in medical bills. Client granted probation and served 45 days on home confinement.

 

.18 Breath Test & Driving on Suspended License, Orange County, California  Mr.Simons’  Motion to Dismiss for violations of Constitutional and Statutory Rights was granted.

 

3rd DUI WITH .13 BREATH , ORANGE COUNTY,  Client pulled over for expired tags but had paper tags in window. Mr. Simons was able to resolve the Court case as a 1st Offense with no jail time.

 

1ST DUI 0.15 BREATH TEST, SAN BERNARDINO.  Client was passed out behind the wheel in his vehicle which was stopped in the middle of the road.  Mr. Simons Motion to Dismiss was granted.

 

 

 

 

 

6th DUI CHARGED AS FELONY WITH TWO PRIOR FELONY DUI’S ,  .25 BLOODMr. Simons fashioned a compressive recovery program as an alternative to DUI Court because client was ineligible due to prior Felony charges.  Client had previously done prison time for DUI’s.   Client was granted Probation and served 90 days in County Jail,

 

Gross Vehicular Manslaughter with ..09% Blood, 100 MPH+ with Great Bodily Injury inflicted on surviving victim.   GBI allegation dismissed, client served 17 months in fire camp.

 

5TH DUI ARREST WITH A REFUSAL, ORANGE COUNTY, CA.  Mr. Flores received a set aside on this case at the DMV hearing.  The officer was subpoenaed by the DMV as a witness.  The client was saved from mandatory one year license suspension.

 

1st DUI ARREST WITH A .30 BLOOD RESULTS. ORANGE COUNTY, CA.  Mr. Flores won this case at the DMV and the client’s license was not suspended by the DMV.  The arresting officer testified as a witness for the DMV.

 

 

1ST DUI ARREST WITH .08/.09 BREATH RESULTS ORANGE COUNTY, CA.  Mr. Flores successfully established client’s blood alcohol was in the absorptive phase and therefore was not .08% or more at the time of driving.

 

 

1ST DUI ARREST WITH COLLISION AND .18 BREATH RESULTS, ORANGE COUNTY CA.  Mr. Flores won this case at the DMV administrative hearing.  He presented issues to the DMV on insufficient facts to establish the time of driving and also issues regarding an unlawful search and seizure of our client.

 

1st DUI ARREST WITH .08/.09 BREATH RESULTS, ORANGE COUNTY CA.  Mr. Flores won this case at the DMV administrative hearing.  Mr. Flores successfully established client’s blood alcohol was in the absorptive phase and therefore was not .08% or more at the time of driving.

 

1st DUI ARREST WITH .11 BLOOD RESULTS, DRIVER STOPPED FOR USING CELLPHONE AND FAILING TO STOP AT A STOP SIGN, SAN BERNARDINO COUNTY CA.  Mr. Flores won this case at the DMV administrative hearing and saved the clients license from being suspended.

 

1st DUI ARREST WITH .13 AND .11 BREATH RESULTS. LOS ANGELES COUNTY, CA.  Mr. Flores presented a successful defense for the client as to the procedures and investigation by the arresting officer.

 

1st DUI Arrest with .13 Breath Results.  Los Angeles County with collision.  Reduced charges to a lesser offense, a wet reckless.  Client’s license was not suspended and received a court fine reduction.

 

1st DUI Arrest .17 Blood results.   DISMISSED.  Mr. Flores filed a motion that alleged the client’s case exceeded the constitutional time allotted to prosecute a case and the court agreed the client had suffered prejudice due to the prosecution’s delay.  The court granted Mr. Flores’ motion to dismiss.

 

2nd DUI Arrest with a COLLISION. Charges were reduced to a lesser offense, a wet reckless.  Client received a fine reduction by about $1000, client was able to serve a jail alternative, and client was saved from a two year license.

 

1st DUI Arrest with COLLISION, 3 COUNTS CHILD ENDANGERMENT, All 3 counts DISMISSED, Mandatory jail time reduced into community service hours.

 

Driving with BAC .01 or greater while under 21.  Trial.  Not Guilty

 

 

 

 

.26 BLOOD – NOT GUILTY VERDICT ON BOTH DUI COUNTS; LICENSE SUSPENSION SET ASIDE

FACTS: Blood – .26%. Client admitted driving to two separate police officers; almost fell on walk & turn test and several other FST’s. Client’s husband (passenger in vehicle) tells police she was driving the vehicle and was too drunk to drive. Per police, husband stated that he was arguing with defendant because she was driving drunk.

CASE NO: C5465

.13 FORCED BLOOD – CASE DISMISSED – MOTION TO SUPPRESS GRANTED.

1-YEAR LICENSE SUSPENSION SET ASIDE

FACTS: Client pulled over by Laguna Beach Police for weaving and nearly colliding with curb. Failed FST’s, estimated 35 seconds in 51 seconds; admitted to taking Prozac. Client was uncooperative and prevented Officer from completing Drug Recognition Examination. Forced Blood sample drawn – .13% BAC.

CASE NO: C5542

.15 BREATH – CASE DISMISSED – MOTION TO SUPPRESS GRANTED

FACTS: Client pulled over as result of citizen call to 911 regarding possible DUI driver; caller advised he observed defendant staggering towards his vehicle. Client arrested; .15% breath test.

CASE NO: C5596

REFUSAL – DUI DISMISSED, REDUCED TO NON-ALCOHOL RELATED DRIVING OFFENSE WITH ONE YEAR PROBATION AND $145 FINE.

FACTS: Client charged with DUI, resisting arrest and refusing a chemical test. Client was driving 5 mph in the bicycle lane and took off when the Officers activated their lights. When he finally yielded, the Officers approached him with guns drawn. A fight ensued and he was eventually taken into custody. He did poorly on the Field Sobriety Tests almost falling and not following directions. He subsequently refused to complete a chemical test.

CASE NO: C5398

.09 BREATH – DUI DISMISSED, REDUCED TO NON-ALCOHOL RELATED DRIVING OFFENSE WITH 1 YEAR PROBATION AND $145 FINE.

FACTS: Client was stopped for speeding 90 mph. He admitted drinking and feeling the effects. He did poorly on the Field Sobriety Tests; even swaying and hopping up and down on the One Leg Stand. Client submitted to breath tests with results which reached .098%

CASE NO: C5515

.22 BREATH, 2nd DUI w/ ACCIDENT + PROBATION VIOLATION – 1-YR. SUSPENSION SET ASIDE ON APPEAL, HOME CONFINEMENT GRANTED

FACTS: Client, while leaving his office, crashed his Porsche into a light post and stairs. Upon the arrival of officers, he left the scene and went back inside his office. He was uncooperative and charged with resisting arrest in addition to DUI.

CASE NO: C5352

.09/.08 BREATH – DUI DISMISSED, REDUCED TO “DRY” RECKLESS, LICENSE SUSPENSION SET ASIDE

FACTS: Client pulled over for weaving. Admitted to having a few drinks and failed field sobriety tests.

CASE NO: 5552

.13 BLOOD, FELONY DUI w/ INJURY – REDUCED TO MISDEMEANOR, 5 DAYS JAIL IMPOSED-SERVED AT CITY JAIL WORK FURLOUGH FACILITY

FACTS: Client lost control of her vehicle, which rolled and struck another car and a motorcycle. Client sustained a 2″ laceration to her head and broken bones, and another party sustained moderate abrasions, burns and neck pain.

CASE NO: C5427

.17/.19 BREATH – 1-YEAR LICENSE SUSPENSION SET ASIDE

FACTS: Client stopped for speeding and weaving. Failed FST’s.

CASE NO: C5610

.08 BREATH – LICENSE SUSPENSION SET ASIDE

FACTS: Officer observed client’s vehicle swerve directly in front of his patrol vehicle and then cut across the gore point and shoulder of freeway ramp. Client failed FST’s and blew an .09 at the scene, with a later breath test of .08%.

CASE NO: C5624

.16 BREATH – DUI DISMISSED; PLED TO RECKLESS DRIVING.

FACTS: Client was stopped at 2:05 a.m. and given a Preliminary Alcohol Screening test with a result of .182%. Client failed his field sobriety tests and gave a post-arrest breath test of .16%.

CASE NO: C5227

.11 BREATH WITH ACCIDENT – SUSPENSION SET ASIDE, DUI CHARGES REDUCED TO RECKLESS DRIVING

FACTS: Client lost control of his vehicle while attempting to turn and crashed into a wall. He admitted to driving too fast and failed field sobriety tests.

CASE NO: C5433

.15 BLOOD – DUI CHARGES REDUCED TO RECKLESS DRIVING

FACTS: Client stopped for weaving. He had slurred speech, red and watery eyes and failed field sobriety tests.

CASE NO: C5413

DUI/DRUGS – REDUCED TO “DRY” RECKLESS DRIVING

FACTS: Client admitted to drinking and taking excess amounts of prescription medications and was unsteady on his feet. Officers found marijuana in client’s vehicle. Blood test positive for several drugs and .04 BAC.

CASE NO: C5451

.07 PAS – 1-YR. ZERO TOLERANCE SUSPENSION SET ASIDE, COURT CASE DISMISSED

FACTS: 16 year old Client stopped for running a red light; had open container of alcohol and fake ID on her possession. Breath test result – .07%.

CASE NO: C5323

.24 BLOOD, ACCIDENT, CHILD ENDANGERMENT – SUSPENSION SET ASIDE – NO JAIL TIME IMPOSED

FACTS: Client had just picked up her 12-year old daughter and was involved in an accident. Client appeared “out of it” according to witnesses. She submitted to a blood test with a .24% result.

CASE NO. C5332

.089 BREATH – DUI DISMISSED, REDUCED TO NON-ALCOHOL RELATED DRIVING OFFENSE WITH 1 YEAR PROBATION AND $145 FINE.

FACTS: Client was immediately pulled over after leaving a bar in Irvine for not having a front license plate. He admitted to drinking and kept avoiding eye contact with the Officer. He did extremely poor on the Field Sobriety Tests swaying 4-6 inches and forgetting the Alphabet after the letter T. Client submitted to breath tests with results which reached .089%

CASE NO: C5467

.07 BAC – ALL CHARGES DISMISSED AND LICENSE SUSPENSION SET ASIDE.

FACTS: BAC .075/.074. Client ran a red light in full view of Laguna Beach Police Department patrol unit. Officer smelled alcohol, observed nystagmus, slurred speech and indicated client failed field sobriety tests. Client estimated 30 seconds in 20 seconds on Rhomberg balance test and lost balance on heel to toe walk; had slurred speech on alphabet, recited alphabet three separate times skipping ‘b’ through ‘s.

CASE NO: C5168

.12 BREATH – LICENSE SUSPENSION SET ASIDE

FACTS: Client stopped after making an illegal turn against a posted no turning sign. He had slurred speech, bloodshot and watery eyes, was unsteady on his feet and failed field sobriety tests.

CASE NO: C5313

DISMISSAL OF GROSS VEHICULAR MANSLAUGHTER WHILE INTOXICATED AND UNDER THE INFLUENCE CHARGES

FACTS: Client charged with 2 Felony Counts of Gross Vehicular Manslaughter While Intoxicated and being Under The Influence Of A Controlled Substance. He tested positive for Opiates, Cocaine and Marijuana.

CASE NO: C5359

.21 BLOOD – DUI CHARGES DISMISSED, REDUCED TO DRUNK IN PUBLIC; LICENSE SUSPENSION SET ASIDE BY COURT ON APPEAL OF DMV DECISION UPHOLDING SUSPENSION

FACTS: Client was passed out in driver’s seat of vehicle with engine running, doors locked and windows up; unresponsive to initial attempts by officers to waken client. Blood test – .21%.

CASE NO: C5495

REFUSAL – 1 YEAR LICENSE SUSPENSION SET ASIDE

FACTS: Client rear-ended another vehicle, put his car in reverse in attempt to leave the scene of the crime and ran into the vehicle behind him. Client was verbally abusive and threatened to assault the officer and then refused all chemical tests. Client has two prior DUI convictions.

CASE NO: C5247

.13/.12 BAC – DUI CHARGES DISMISSED, REDUCED TO RECKLESS DRIVING

FACTS: Client observed traveling at approximately 90 mph; nearly collided with rear of officer’s vehicle. Failed field sobriety tests. Breath test .13; Blood test .12%.

CASE NO: C5461

.11 BREATH – DUI DISMISSED, CHARGE AMENDED TO RECKLESS DRIVING. “THANK YOU AND YOUR OFFICE FOR SAVING MY REGISTERED NURSE LICENSE.”

FACTS: Client, a registered nurse, was seen lane straddling and failed field sobriety tests. Took two breath tests with results of 0.11%.

CASE NO: C5188

.18 FORCED BLOOD – SUSPENSION SET ASIDE

The DMV Upheld The Suspension After The First Hearing, Which Was Appealed And Re-Opened And Upheld The Suspension After The Second Hearing, Which Was Appealed And The Suspension Was Set Aside At The Third Hearing.

FACTS: Client was alleged to have refused by insisting upon a urine test and when advised that a urine test was not available, feigned attempts at a breath test. When he was told that he would have to take a blood test, he refused and was told that blood would be forcibly withdrawn. A non-consensual blood draw resulted in a .18% and client was charged with a forced blood refusal.

CASE NO: C5178

.13/.14 BREATH – DUI CHARGES REDUCED TO RECKLESS DRIVING

FACTS: Client failed to stop at a stop sign and proceeded through the intersection at 30 mph within residential area. Officers red-lighted defendant, who pulled over after continuing for approximately 1/2 mile. Client failed FST’s; took a PAS test with results of .14/.12 and an evidential breath test with results of .13/.14%.

CASE NO: C5195

.13 BREATH – SUSPENSION SET ASIDE

FACTS: Client stopped for speeding in Huntington Beach; failed field sobriety tests; admitted to feeling the effects of the alcohol and blew a .13%.

CASE NO: C5267

.083 BREATH – LICENSE SUSPENSION SET ASIDE; DUI REDUCED TO RECKLESS DRIVING

FACTS: Client observed traveling on the freeway at a high rate of speed and then slowed from 86 mph to 59 mph for no apparent reason. His eyes were red and watery and he was unsteady on his feet.

CASE NO: C5548

.21 BLOOD – SUSPENSION SET ASIDE

FACTS: Client fishtailed doing 80 mph in front of a police officer; failed his field sobriety tests and was arrested. Client attempted a breath test with a mouth alcohol result and then submitted to a blood test with a .21% result.

CASE NO: C5210

.19 BREATH w/ACCIDENT – LICENSE SUSPENSION SET ASIDE

FACTS: Client was driving on a suspended license and crashed his vehicle into a tree. He was unconscious upon contact and transported to the hospital where he submitted to a breath test with .19 result.

CASE NO: C5334

1 YEAR SUSPENSION SET ASIDE

FACTS: Client sideswiped another vehicle on the freeway, and fell under the statutory prohibitions of California’s Zero Tolerance laws. The client was a minor and tested positive for alcohol.

CASE NO: C5070

.10 BREATH – SUSPENSION SET ASIDE

FACTS: Client was pulled over after taking wide turns and failing to signal before turning. Client had watery, blood shot eyes, and was having trouble balancing. Client blew a .10. Client was also admittedly on other medication.

CASE NO: C5259

SUSPENSION SET ASIDE

FACTS: Client was pulled over for failing to display a front license plate. Upon pulling the client over, the officer smelled alcohol and noticed that the client’s eyes were bloodshot. Client had 4 beers by his own admission, with the last one being finished less than half an hour before he was pulled over.

CASE NO: C5249

SUSPENSION SET ASIDE

FACTS: Client was stopped after registering at 100 mph on an officer’s radar, at which point he admitted to having consumed three beers. The client failed all of the field sobriety tests and blew a .10 into a breathalyzer.

CASE NO: C5082

.19 BREATH – SUSPENSION SET ASIDE

FACTS: Client was going 80 in a 65 zone, fish-tailing his vehicle, and was not pulling over for the police. His eyes were red, he failed his field sobriety tests, blew a .19 into the breathalyzer, and was visibly intoxicated.

CASE NO: C5210

.17 BREATH – SUSPENSION SET ASIDE

FACTS: Following a report of a hit and run, the officer found the client’s vehicle parked with the front door open and visible frontal damage. The client was found nearby, hiding from the officer. The client failed a field sobriety exam, blew a .17, and resisted arrest.

CASE NO: C5184

FELONY DUI/DRUGS w/INJURY – REDUCED TO MISDEMEANOR

FACTS: Client rear-ended a vehicle, causing that vehicle to collide with the car in front of it. Client was argumentative and left the scene and was eventually apprehended at his home. He admitted to using heroin and other medications.

CASE NO: C5281

REFUSAL – 1 YEAR SUSPENSION SET ASIDE

FACTS: After a call regarding a domestic dispute, the police officers found the client driving away from the scene. When they pulled him over, he was bleeding profusely from his arm, was crying, and was slurring and unintelligible. After refusing all of his tests, spitting on the plastic divider in the police vehicle, and urinating on himself the client was taken to jail.

CASE NO: C5218

REFUSAL – 1 YEAR SUSPENSION SET ASIDE

FACTS: The client was examined subject to a traffic collision investigation. The client had slurred speech and was verbally abusive. He refused both breath and chemical tests. Client failed all of his field sobriety tests.

CASE NO: C5247

.11 BREATH – SUSPENSION SET ASIDE

FACTS: Client was pulled over after breaching the police officer’s left turn lane. Client admitted to having two vodka tonics. Breath test result – .11%.

CASE NO: C5116

SUSPENSION SET ASIDE

FACTS: Client caught going 70 in a 45 mph zone, failed field sobriety tests and registered at .13% on a breath test.

CASE NO: C5267

.19 BLOOD – SUSPENSION SET ASIDE

FACTS: Client’s car was paced between 62 and 65 mph, after which the client was determined to be clearly intoxicated. Blood test result – .19%, over twice the legal limit.

CASE NO: C5283

.16 BAC – SUSPENSION SET ASIDE

FACTS: Client was pulled over after speeding, evading police, and reckless driving. The client admitted to sharing three pitchers of beer with a couple buddies. His BAC was .16.

CASE NO: C5231

.15 BREATH – SUSPENSION SET ASIDE

FACTS: Client fell asleep at the wheel and collided with a rail. After rolling his vehicle, the police and emergency units responded. The client failed field sobriety tests, and registered at a .15 on the breathalyzer.

CASE NO: C5005

.13 BLOOD – LICENSE SUSPENSION SET ASIDE

FACTS: Client made an illegal u-turn, cutting off another vehicle nearly causing a collision.

CASE NO: C5593

REFUSAL – 1 YEAR SUSPENSION SET ASIDE

FACTS: Client swerved towards a police officer’s vehicle, almost sideswiping it. After being directed to pull into a checkpoint, the client failed to do so as directed. Upon being directed to perform field sobriety tests, the client failed these directions as well.

CASE NO: C5278

.10 BREATH – DUI REDUCED TO RECKLESS DRIVING

FACTS: Client pulled over on freeway for weaving. Failed field sobriety tests.

CASE NO: C5501

REFUSAL – 1 YEAR SUSPENSION SET ASIDE

FACTS: Client was swerving and driving on the shoulder. After running a red light, the officer pulled the client over and investigated. The client refused breath and blood testing and failed the field sobriety tests.

CASE NO: C4997

.13 BAC – 1 YEAR SUSPENSION SET ASIDE

FACTS: After already having one prior DUI on his record, the client, a 16 yr old minor, was pulled over for weaving his car in a dangerous manner into other lanes as well as the shoulder. He was registered at .13 BAC.

CASE NO: C5115

.16 BAC – SUSPENSION SET ASIDE

FACTS: Client skidded on the road as well as failing to use his turn signals. During the investigation, the client failed his field sobriety test, and had a BAC of .163; twice the legal limit.

CASE NO: C4995

REFUSAL – 1 YEAR SUSPENSION SET ASIDE

FACTS: Police officers witnessed the client’s vehicle swerving from left to right and straddling lane dividers; client pulled over and DUI investigation initiated. The client was stumbling in every direction and was sarcastic, uncooperative, and refused tests.

CASE NO: C5057

SUSPENSION SET ASIDE

FACTS: The client was paced at 110 mph, was observably drunk, and pleaded guilty in a court of law to a DUI offense.

CASE NO: C5180

SUSPENSION SET ASIDE

FACTS: Client violated probation for previous DUI arrest.

CASE NO: C5092

.16 BAC – SUSPENSION SET ASIDE

FACTS: Client was reported by another vehicle as driving recklessly. Upon following the car, the police witnessed the client swerving, straddling lanes, and almost hitting several other vehicles. After slurring and stumbling his way through field sobriety tests, he was booked and recorded at a BAC of .16%.

CASE NO: C5133

.13 BAC – SUSPENSION SET ASIDE

FACTS: Client is interviewed after parking because his license plate is obstructed by a large sticker. During the interview, the officer smells alcohol on the client’s breath. He has a .13 BAC%.

CASE NO: C5166

SUSPENSION SET ASIDE

FACTS: Client was stopped for going 85 mph and arrested for DUI.

CASE NO: C5204

.09 URINE – SUSPENSION SET ASIDE-URINE TEST SUCCESSFULLY CHALLENGED AT DMV

FACTS: Client involved in multiple injury auto accident, provided a urine sample with result of .09.

CASE NO: C5395

.12 BAC – DUI CHARGES DISMISSED, CASE REDUCED TO RECKLESS DRIVING SUBSEQUENT TO MOTION TO SUPPRESS

FACTS: Client drove down the wrong side of the street in a construction zone. According to construction foreman and officers on scene, street was closed off with traffic cones and not accessible to incoming traffic. Client arrested, .12% BAC.

CASE NO: C5300

.19 BLOOD – SUSPENSION SET ASIDE

FACTS: Client was stopped for driving 65 mph in a 35 mph zone. Client submitted to a blood test with the result of .19%.

CASE NO: C5238

.16 BREATH – SUSPENSION SET ASIDE

FACTS: Client driving 80 mph in a 35 mph zone. After failing FST’s client submitted to a breath test with results of .16 and .16.

CASE NO: C5231

.19 BLOOD – SUSPENSION SET ASIDE

FACTS: Client involved in a traffic collision. Blood test result was a .19%.

CASE NO: C5196

.13/.14 BREATH – SUSPENSION SET ASIDE; DUI DISMISSED, REDUCED TO RECKLESS DRIVING

FACTS: Client drove to Sheriff’s Department to obtain copy of collision report. Officers noticed he reeked of alcohol, followed him to his vehicle, watched him drive off and immediately stopped him and arrested him for DUI.

CASE NO: C5237

.22 BLOOD – SUSPENSION SET ASIDE

FACTS: Client involved in a traffic collision. Client admitted drinking and driving and failed FSTs. After refusing PAS test Client submitted to a blood test with a .22% result.

CASE NO: C5331

.12 BAC – SUSPENSION SET ASIDE

FACTS: Client asleep in running vehicle. Client vomited outside of vehicle and failed FST’s. Chemical test result – .12%.

CASE NO: C5318

.17 BREATH – SUSPENSION SET ASIDE

FACTS: Client involved in a traffic collision. Client refused FSTs and PAS. Breath test results were .17 and .17.

CASE NO: C5337

.09 BLOOD – SUSPENSION SET ASIDE

FACTS: Client driving 65 mph side swiped a semi. After admitting to driving and failing FSTs, Client submitted to a blood test with a .09 result.

CASE NO: C5308

.15/.14 BREATH – SUSPENSION SET ASIDE

FACTS: Client involved in a traffic collision and attempted to flee the scene. Client failed FSTs and was uncooperative throughout the encounter. Breath test results were a .15 and .14.

CASE NO: C5295

.11 BLOOD – SUSPENSION SET ASIDE

FACTS: Client was a second offense DUI who collided with a light pole and fled the scene. Subsequently Client submitted to a PAS test with results of .12/.12% and a blood test of .11%.

CASE NO: C5386

.19 BLOOD – SUSPENSION SET ASIDE

FACTS: Client drove off the side of the roadway and hit a tree. Client was found asleep in the driver’s seat with the airbags deployed. Client submitted to a blood test with a result of .19%.

CASE NO: C5334

.13 BLOOD – SUSPENSION SET ASIDE

FACTS: Client rear-ended a tow truck. Client was uncooperative and admitted consuming alcohol. Client submitted to an evidential breath test with results of .12 and .12 and a blood test with the result of a .13%.

CASE NO: C5426

.16 BLOOD – SUSPENSION SET ASIDE

FACTS: Client stopped for driving into the left turn pocket of oncoming traffic in Laguna Beach. Client could not remember alphabet nor perform other field sobriety tests satisfactorily. Client was a 0.16 on blood test.

CASE NO: C5457

.24 BREATH – SUSPENSION SET ASIDE

FACTS: Client stopped for driving the wrong way on S. Coast Hwy. in Laguna Beach. Client could not complete any field sobriety tests and submitted to a roadside breath test with results of .24 and .22%.

CASE NO: C5315

SUSPENSION SET ASIDE

FACTS: Client was involved in a single car collision and took a breath test of .08 or greater.

CASE NO: C5415

.13 BREATH – SUSPENSION SET ASIDE

FACTS: DUI with accident; .14% PAS and .13% Breath.

CASE NO: C5193

.14 BREATH – SUSPENSION SET ASIDE

FACTS: Client involved in collision. Failed field sobriety tests and completed a breath test with a .14 result.

CASE NO: C5351

.10 BLOOD – SUSPENSION SET ASIDE

FACTS: .10% blood test. Client employed by a rental car agency and would lose job if he lost his license.

CASE NO: C5410

REFUSAL/.158 PAS – 1 YEAR SUSPENSION SET ASIDE

FACTS: Client was stopped after a domestic violence incident; submitted to a Preliminary Alcohol Screening test in the field with a result of .158. After his arrest, the officer requested that he take an evidential breath test and he replied: “I’m f’d and I’m going to lose my f’ing job. No I won’t take any tests.”

CASE NO: C5438

.25 BLOOD – SUSPENSION SET ASIDE

FACTS: Client was passed out at a red light and woke up when the police officer red-lighted her and drove through the red light. Client submitted to a breath test with a result of .247 and a blood test with a result of .25.

CASE NO: C5439

.10 BREATH – SUSPENSION SET ASIDE

FACTS: Client was found speeding down the freeway in excess of 91 miles per hour. Client’s breath test was .102, but suspension was set aside upon establishing failure to comply with the mandatory 15-minute observation period under Title 17, §1219.3.

CASE NO: C5379

.16 BLOOD – SUSPENSION SET ASIDE

FACTS: Client, driving a Porsche, was seen crossing into oncoming lane of traffic and then crossing over the lane marker five additional times. Blood test – .164%.

CASE NO: C5457

.14 BREATH – SUSPENSION SET ASIDE

FACTS: Client had slurred speech, red bloodshot eyes, could not perform field sobriety tests and submitted to a breath test with a result of .14%.

CASE NO: C5508

REFUSAL – 2 YEAR LICENSE SUSPENSION SET ASIDE

FACTS: DUI, second offense, refusal. Client facing two-year license suspension. Client failed all field sobriety tests and at jail refused to take a chemical test.

CASE NO: C5479

REFUSAL – 1 YEAR SUSPENSION SET ASIDE

FACTS: Client, a second offender facing a 2-year license suspension, was detained for unsafe backing on Pacific Coast Highway; admitted to having a few drinks and refused to properly blow into the breath test machine. Thereafter, he was offered additional breath tests and kept burping. The officer requested that he take a blood test; he refused and the officer conducted an involuntary forced blood.

CASE NO: C5473

REFUSAL – 1 YEAR SUSPENSION SET ASIDE

FACTS: Client stopped in Mission Viejo under circumstances consistent with racial profiling. He was searched and methamphetamine, Vicodin and other medications were found on his person and in his vehicle. He was arrested, a gun was found and he subsequently refused to take a chemical test.

CASE NO: C5502

.12/.11 PAS, .10 BREATH – SUSPENSION SET ASIDE

FACTS: Client stopped for weaving within lane. Client submitted to a PAS with results of .12 and .11 with an evidential breath test with results of .10 and .10. During FSTs Client stumbles during HGN, cannot keep leg up during one leg stand, and failed finger to nose test.

CASE NO: C5485

.12 BREATH – SUSPENSION SET ASIDE

FACTS: Client was driving on an expired license on the wrong side of the street almost colliding head on with a marked police vehicle. Client failed field sobriety tests and submitted to a breath test with the result of .12 and .12.

CASE NO: C5332

.26/.24 BREATH – SUSPENSION SET ASIDE

FACTS: Police Officer observed Client repeatedly trying to back up into a parking spot, up onto the sidewalk and forward into the street while playing loud music. Client had poor coordination and had a hard time understanding the instructions on the FSTs. Client submitted to a breath test of .26/.24

CASE NO: C5545

.24 FORCED BLOOD/REFUSAL/2ND OFFENSE – NO JAIL TIME SERVED; 2 YEAR DMV SUSPENSION SET ASIDE

FACTS: Client failed to stop at red light, refused to perform any field sobriety tests, attempted to run from officers at the scene and subsequently refused to take either a breath or blood test. A blood sample was obtained by force which showed her BAC to be .24%. Client had two prior lifetime DUI convictions. No jail time served. DMV hearing won – avoided 2 year license revocation for 2nd offense refusal.

CASE NO: C5704

.12 BREATH – ENTIRE CASE DISMISSED – MOTION TO SUPPRESS GRANTED

FACTS: Client almost backed into police officer. Officer honked horn; client drove away almost striking a fence. DUI Enforcement Team administered field sobriety test and subsequently arrested client for DUI. Blood alcohol level – .12%. Court granted suppression motion and dismissed all DUI charges.

CASE NO: C5606

SECOND OFFENSE/REFUSAL – 2 YEAR DMV SUSPENSION SET ASIDE

FACTS: Client failed to slow for red light, came to screeching stop, and had one headlight out. Upon contact, officer immediately smelled alcohol and noted client had slurred speech. Client failed sobriety tests and arrested. Record check revealed client was on probation for a prior DUI. Client became belligerent, failed to complete breath test and refused to submit to blood test. DMV hearing won – avoided 2-year license revocation.

CASE NO: C5765

.15 PAS/.08 BLOOD – HUNG JURY; NO LICENSE SUSPENSION

FACTS: Client stopped for going 65 mph in a 45 mph zone. Upon contact, officer smelled strong odor of alcohol. Client denied drinking; agreed to Preliminary Alcohol Screening (PAS) test & gave one sample of .15%. Client refused to perform any additional field sobriety tests; arrested, took blood test approx. 1 hour later – .08%. DMV ruled that client’s BAC was below .08 at time of driving and set aside suspension. Jury Trial resulted in hung jury.

CASE NO: C5630

.12 BAC – MOTION TO SUPPRESS GRANTED-ALL DUI CHARGES DISMISSED

FACTS: Client stopped for no front license plate on vehicle. Officer contacts driver; passenger is passed out in back seat. Officer reports strong odor of alcohol from passenger and driver. Officer conducts FST’s. Defendant fails all tests, gives test of .12%. Motion to suppress evidence granted and all charges dismissed.

CASE NO: 05HM07504

.13 BREATH – DUI CHECKPOINT – DMV SUSPENSION SET ASIDE

FACTS: Client stopped at DUI checkpoint. Per cop, client failed all field sobriety tests; he estimated 30 seconds as nearly one minute and “fell” off line on the walk & turn test. DUI Checkpoint declared illegal – license suspension set aside and DUI charges dismissed/reduced to reckless driving.

CASE NO: C5731

.21 BLOOD – NO LICENSE SUSPENSION

FACTS: Per officer, client “nearly backed into a pedestrian while backing out of a parking stall.” Client failed field sobriety tests, arrested and submitted to blood test with results of .21. Probable cause challenged at DMV – license suspension set side.

CASE NO: C5769

.15 BAC – UNDER 21 – DUI CHARGES DISMISSED, REDUCED TO RECKLESS DRIVING

FACTS: Client, under 21 years old, approached a DUI checkpoint, was instructed to stop and failed to so, eventually pulling over after officers yelled at him. Client appeared confused and had to be told 3 times to put his vehicle into park. He denied drinking any alcohol at all and gave a breath test with results of .159/.145%.

CASE NO: C5551

.20 BAC – LICENSE SUSPENSION SET ASIDE

FACTS: Client was pulled over for weaving and crossing the center divider. He failed all field sobriety tests and had a blood alcohol concentration of .20%, almost three times the legal limit. DMV hearing won – no license suspension.

CASE NO: C5519

.14 BREATH – LATE HEARING REQUEST GRANTED & SUSPENSION SET ASIDE

FACTS: Client and passenger kicked out of bar and reported by anonymous informant who called police stating both subjects “extremely intoxicated.” Officers located client vehicle, followed for approximately 1/2 mile during which time observed vehicle “swerving back & forth” in the #1 and #2 lanes. Per officer, client had “strong odor of alcohol” and his speech was mumbled. Client was beyond deadline to request DMV hearing; late hearing request granted by DMV; hearing won – no license suspension.

CASE NO: C5779

.10 BREATH TEST – LICENSE SUSPENSION SET ASIDE DUI CHARGES REDUCED TO RECKLESS DRIVING

FACTS: Client observed weaving and driving on the shoulder of the freeway for 500 feet while changing speeds from 50 mph to 70 mph and back down to 50 mph. She admitted to consuming alcohol and failed field sobriety tests.

CASE NO: C5485

.16 PAS – DUI CHARGES DISMISSED

FACTS: Client pulled over for 2 moving violations and upon contact, officer smelled strong odor of alcohol on client’s breath and passenger exclaims she is drunk. Officer noted client used vehicle to maintain balance when exiting car; failed field sobriety tests. Took breath test at the scene – .164/.156 and later submitted to a blood test with result of .14%. DUI charges dismissed, moving violations dismissed; client pled to non-alcohol related reckless driving with minimum fine.

CASE NO: C5709

.09/.08 – CASE DISMISSED IN ITS ENTIRETY DMV SET ASIDE – NO LICENSE SUSPENSION

FACTS: Client’s vehicle swerved sharply back and forth in front of patrol unit and crossed gore point and shoulder of freeway on-ramp directly in front of CHP unit. Officer reported client was unsteady on feet, unable to maintain balance. .09 breath test at time of stop with .08 breath test half-hour later. Case dismissed in its entirety on Jury Trial date; client did not enter plea to any offense whatsoever. DMV set aside, no license suspension.

CASE NO: C5624

.14 BAC – DUI DISMISSED – PLED TO RECKLESS DRIVING w/ $250 FINE

FACTS: Client was stopped at 2:00 a.m., failed his field sobriety tests, submitted to a Preliminary Alcohol Screening test with results of .164 and .156 and later submitted to a blood test with results of .147 and .144%.

CASE NO: C5709

UNDER AGE 21 – .028% BAC – AVOIDED 1-YEAR ZERO TOLERANCE LICENSE SUSPENSION – DMV SET ASIDE

FACTS: Cops stopped vehicle of 16-year old client for impeding traffic. Client admitted to police that she had been drinking beer at a friend’s house and took a breath test with results of .027/.028. DMV one-year Zero Tolerance license suspension overturned; no loss of driving privileges.

CASE NO: C5752

.086 BREATH – 4-MONTH LICENSE SUSPENSION SET ASIDE

FACTS: Client stopped after police observed her commit two separate moving violations. Officers smelled alcohol and conducted field sobriety examination, which client failed. She took a preliminary breath test on scene with results of .089/.086 and a later took another breath test with results of .083/.082%.

CASE NO: C5752

LICENSE SUSPENSION SET ASIDE

FACTS: Client observed driving 85 mph, drifting half-way into the right shoulder on several occasions and then failed to stop at a red light. Client admitted to consuming “a couple Yeager’s earlier” and failed field sobriety tests. She blew an .085/.092 PAS with an evidential breath of .08/.08.

CASE NO: C5716

4-MONTH LICENSE SUSPENSION SET ASIDE BASED; CHARGES OF ASSAULTING POLICE OFFICER DISMISSED.

FACTS: Client nearly ran over police officer who was assisting tow truck in post-accident clean up. Officer followed client, detained him, client failed FST’s and provided a breath sample exceeding .08%. When told that he was going to be arrested, client assaulted and punched the police officers and fled the scene and locked himself in his house. Client finally surrendered and arrested for DUI, resisting arrest and two counts of assaulting a police officer. License suspension set aside based on forensic toxicologist’s testimony which established BAC below .08%. Resist/Assault charges dismissed, no jail time imposed.

CASE NO: C5584

.10 BREATH – JUVENILE COURT FILING QUASHED; ONE-YEAR ZERO TOLERANCE LICENSE SUSPENSION SET ASIDE

FACTS: Client, a 17-year-old minor, was observed leaving a New Year’s Eve party that had been busted up by the police who thereafter set up an ad hoc roadblock. Client blew a .10/.09 on Alco-Sensor IV breath test.

CASE NO: C5464

.09 BREATH – LICENSE SUSPENSION SET ASIDE

FACTS: Client driving over solid double yellow lines into oncoming traffic on Pacific Coast Highway. Client unstable and swaying per officer. Client blew .09 and lost balance on FST’s.

CASE NO: C5696

DMV REFUSAL 1-YEAR SUSPENSION SET ASIDE

FACTS: Client stopped for speeding; he was unsteady on his feet and admitted to coming from a Bar & Grill. He took PAS test with result of .21% and was thereafter arrested for DUI. Officer read Implied Consent Admonition to client and advised him of consequences of refusing chemical test. Defendant unequivocally states “no” to breath and blood test and officer writes him up as a refusal. DMV Hearing Officer finds no refusal and sets aside one year license suspension.

CASE NO: C5605

.10/.09 BREATH – NOT GUILTY ON 23152(b)-SUSPENSION SET ASIDE; VC 23152(a) REDUCED TO RECKLESS DRIVING

FACTS: Client stopped for going 60 mph in a 35 mph zone. Blew a .10/.09%. Court Trial resulted in not guilty finding on charge of driving with .08 or more BAC; DMV suspension overturned and set aside. Driving under influence charge reduced to reckless driving.

CASE NO: C5588

.12 BLOOD – LICENSE SUSPENSION SET ASIDE

FACTS: Client attempted to exit the 55 freeway during heavy traffic by driving in the emergency lane until his vehicle became pinned between lanes of traffic. A CMPD officer drove by and made contact with defendant and noted an odor of alcohol and slurred speech. Client failed field sobriety tests and submitted to blood test with result of .12%. DMV initially upheld the suspension, but a new hearing was held after it was discovered that DMV failed to maintain an accurate record of the hearing. After the Hearing Officer upheld the suspension for a second time, it was ultimately set aside by DMV on Administrative Review.

CASE NO: C5428

FILING OF CHARGES QUASHED-ARREST DEEMED A DETENTION ONLY; DMV SUSPENSION SET ASIDE

FACTS: Client involved in 3-car collision; failed FST’s and gave a breath test of .07 almost 2 hours after the accident.

CASE NO: C5726

.16 BAC – DMV SUSPENSION OVERTURNED; COURT CASE NOT FILED

FACTS: Defendant lost control of his Porsche coming around a curve at 80 mph and drove into a parked car. Client smelled of alcohol, had bloodshot watery eys and slurred speech. Defendant failed his field sobriety tests, submitted a breath test of .16 and a blood test of .16%.

CASE NO: C5697

 

 

 

Board Certified In DUI Defense NCDD (1 of 6 In California)

Specialist Member/Board of Directors CDLA

Selected Only OC DUI Super Lawyer 2014-2017

OC Metro Top DUI Attorney

Rated Preeminent By Bar Register

AVVO 10 Top DUI Lawyer

Selected Only OC DUI Super Lawyer 2014-2017

Rated Preeminent By Bar Register

OC Metro Top DUI Attorney

By Barry T. Simons: “It is my honor and privilege to fight for my clients; challenge unjust laws; protect our Constitution and to be a thorn on the side of injustice”.

By Barry T. Simons: “It is my honor and privilege to fight for my clients; challenge unjust laws; protect our Constitution and to be a thorn on the side of injustice”.