Sunday, November 3, 2013

Innocent Person Under 21 Wins His Case in Oakland, CA

Good news for one of my clients charged with Under 21 DUI.  We won his case!!!!  He was charged with DUI low levels of alcohol, but under 21 so zero tolerance.  However, he needs to be .05% in the quasi criminal case as the officer cited him to the Traffic Court at Oakland, California in the County of Alameda.  He hired an excellent toxicologist who prepared a great case for so many errors in this test it was not funny.  But, just like the poor testing by the officer, the win was again really the officer's gift.  I always arrive early for trial, as did my expert, and my client.  The trial was set for 2:00p.m. at the Wiley Manuel Courthouse 661 Washington Street, Department 102, 1st Floor, Oakland, California.  We all arrived at 1:00 p.m..  The doors did not open until 2:10p.m., roll was called, and everyone checked in.  Another 5 minutes went by, so now it was about 2:25 p.m. with several cases waiting for trial.  We were called first.  I appeared.  My client appeared, but there was no officer.  Case Dismissed.  I waited for a print out of the Minute Order.  Ten minutes later the officer arrived, just 35 minutes late.  My client had left, and I would have been gone too except I wanted the Court's Order.  The officer was running around trying to get the case recalled because he was late.  You cannot do that.  Bad work on this case in the street, and the same attitude for court.
  Police Officers get extra money to go to court.  Sadly, the People of the State of California will have to pay for this officer's sloppy work ethic.  If it had been the client not present, they issue a bench warrant.  Yet, the officer still gets paid.
  Good news is that we won.  We would have won on the merit anyway, but we won, and that is the important part of this case.  An innocent person received justice.

2 comments:

Unknown said...

"Very good post...well i think writing this kind of article is a tough job.Thanks for your blog.

DUI

Unknown said...

This is exactly why a good DUI attorney is very necessary! Great job Donald! Give me a call if you're ever in Tucson.