Case Results

After living an honorable life with a respectable career, Chelisa had a bad day. 

CHP Officer estimated Chelisa's speed at 110 mph and his radar said she was doing 108 mph just before colliding with a semi-trailer on I-5 south. 

Chelisa blew a .20 BrAC & .19 BrAC on the post arrest chemical test and admitting to driving. 

Fortunately, Chelisa retained attorney Robert Lee Hamilton and things worked out better than she could have imagined. 

All charges and enhancements were dismissed in Glenn County Superior Court (Willows). 

Great result. 

All cases are defensible.

Practice area(s): DUI / DWI

Court: Glenn County Superior Court

After being stopped in Redding, CA, by CHP, Megan lawfully declined to blow into the pre-arrest breath test [Preliminary Alcohol Screening (PAS) Test] and agreed to blood test after she was arrested for DUI. 

The blood test result showed a 0.198 percent blood alcohol concentration (BAC). 

Client plead to a "Wet Reckless" (Cal Veh Code § 23103 pursuant to 23103.5 of the Veh Code) - with all other charges being dismissed.

Practice area(s): DUI / DWI

Court: Shasta County Superior Court

Client was stopped by CHP in Redding, California, for driving at night with no taillights. Client blew a 0.102 & 0.104 percent on the Preliminary Alcohol Screening Test [(PAS Test) the pre-arrest test] and a 0.11 & 0.11 percent BrAC on the post-arrest chemical breath test. 

Client, a commercial driver, was charged with Cal Veh Code §§ 23152(a), 23152(b) and a prior DUI within 10 years (a second DUI carries a lifetime ban of one's commercial driver's license). 

Client was acquitted of Cal Veh Code § 23152(b) and plead to a "Wet Reckless" (Cal Veh Code § 23103 pursuant to 23103.5 of the Veh Code) - with all other charges being dismissed.

The separate Department of Motor Vehicles (DMV) action was set aside (meaning client prevailed) and the client's driver's license was therefore never lost (i.e., client won the separate but related DMV License Suspension Hearing). Client was therefore able to keep his commercial driver's license. 

Practice area(s): DUI / DWI

Court: Shasta County Superior Court

Kacey was stopped in Anderson, CA, by the California Highway Patrol (CHP) for weaving and following another vehicle to closely. The pre-arrest breath test [Preliminary Alcohol Screening (PAS) Test] showed a 0.111 & 0.113 percent BrAC (breath result) and a later blood test showed a 0.108 percent blood alcohol concentration (BAC). 

Client was acquitted of Cal Veh Code § 23152(b) and plead to a "Wet Reckless" (Cal Veh Code § 23103 pursuant to 23103.5 of the Veh Code) - with all other charges being dismissed.

The separate Department of Motor Vehicles (DMV) action was set aside (meaning client prevailed) and the client's driver's license was therefore never lost (i.e., client won the separate but related DMV per se License Suspension Hearing). 

Practice area(s): DUI / DWI

Court: Shasta County Superior Court.

Kim, though never arrested, was wrongfully charged with misdemeanor embezzlement (over $400) pursuant to Cal Pen Code § 503 (even though there was no evidence of wrongdoing and no evidence of wrongdoing to which anything of value could be attributed). 

Client wanted to prove innocence through a jury trial - but judge granted the prosecution's request for a dismissal (just before trial).  

Practice area(s): Criminal Defense

Court: Shasta County Superior Court

Anderson Police responding to the report of a single car collision with witnesses to the accident. Although the passengers fortunately were were not injured, Client was charged with Felony Child Endangerment and DUI (with a BAC varying as high as 0.204 percent BrAC and as low as 0.188 percent BrAC). 

Attorney Hamilton was able to negotiate the charges down to misdemeanors - resulting in a very happy Client. 

Practice area(s): DUI / DWI

Court: Shasta County Superior Court

Patricia (a landlord), who believed her tenant had moved out, took matters into her own hands and entered her tenant's home before expiration of the 30-Day Notice (events were caught on the tenant's video surveillance). 

Patricia was charged with Residential Burglary; petty theft; trespass with intent to injure property; and vandalism less than $400). 

Patricia's main concern was defending against the Residential Burglary charge (a strike offense carrying up to 6 years prison at 80 percent). 

Patricia was acquitted by a jury of the residential burglary and found guilty of the three (3) misdemeanors (resulting in a year probation and no jail). 

Practice area(s): Criminal Defense

Court: Shasta County Superior Court

Anderson Police responded to a call for service. Client was charged with Felony Child Endangerment and DUI (with a BrAC varying as high as 0.253 percent BrAC and as low as 0.20 percent BrAC). 

Attorney Hamilton was able to negotiate the charges down to misdemeanors - resulting in a very happy Client. 

Practice area(s): DUI / DWI

Court: Shasta County Superior Court

Client charged with Felony Possession for Sale of a Controlled Substance and Misdemeanor Possession of Injection/Ingestion Device (with special allegations for prior prison term). 

Attorney Hamilton was able to get all of his innocent client's charges dismissed. 

Practice area(s): Criminal Defense

Court: Shasta County Superior Court

Chris was stopped by California Highway Patrol (CHP) for weaving on Highway 44 and blew a .149 & .148 on the pre-arrest breath test (PAS Test) and a .13 & .15 on the post-arrest breath test (chemical test).  

Things worked out for the best as all charges were dismissed in Shasta County.

Great result for a deserving client.

All cases are defensible.

Practice area(s): DUI / DWI

Court: Shasta County Superior Court

Jacquelyn blew a .152 BrAC & .147 BrAC on the Preliminary Alcohol Screening device (PAS Test) with a blood test coming back later at .144 BAC.

Things worked out for the best as all charges were dismissed in Shasta County.

Great result for a deserving client.

All cases are defensible.

Practice area(s): DUI / DWI

Court: Shasta County Superior Court

All Charges DISMISSED (and enhancements). After a car accident in Shasta County, Brandon properly asserted his right to refuse the pre-arrest breath test (because he was over 21 years and was NOT on probation for a prior DUI) and was arrested for DUI. As required by California law, he then blew into the post arrest breath test and the results came back .43 and .41 BrAC (breath test); yes you read that right.

[Note that it is important to distinguish between the pre-arrest breath test and the post-arrest breath or blood test because Cal Veh Code § 23612(i) give persons a right to refuse the pre-arrest breath test (so long as they are over 21 years and NOT on probation for a prior DUI) but this statutory right does NOT extend to the post-arrest breath or blood test]. 

Brandon later retained HAMILTON LAW (Attorney Robert Lee Hamilton) and all CHARGES and ENHANCEMENTS were dismissed. 

All charges are defensible. 

Cal Veh Code § 23152(a) Driving Under the Influence of Alcohol. DISMISSED;

Cal Veh Code § 23152(b) Driving While Having an 0.08% or Higher Blood Alcohol Concentration. DISMISSED; and

Cal Veh Code § 23578 [high BAC .20 or more)] - DISMISSED. 

Practice area(s): DUI / DWI

Court: Shasta County Superior Court

ACQUITTED by JURY (all 12 jurors said NOT GUILTY) in Shasta County after a 3 day jury trial for driving under the influence (DUI) of alcohol and driving with a BAC or .08 or more (post arrest blood test said BAC .174) in Redding, California.

Shawna and her family are all feeling blessed - especially when one considers that Shasta County is one of the most pro-law enforcement counties and jury pools in California.

Cal Veh Code § 23152(a) Driving Under the Influence of Alcohol. Acquitted (NOT GUILTY); and

Cal Veh Code § 23152(b) Driving While Having an 0.08% or Higher Blood Alcohol Concentration. Acquitted (NOT GUILTY). 

Practice area(s): DUI / DWI

Court: Shasta County Superior Court

All Charges DISMISSED (and enhancements). After being stopped for driving wrong way on a one-way street; blowing into a PAS device with a .178 & .164; REFUSING the post arrest test; with a .170 BAC (blood test) - all CHARGES and ENHANCEMENTS were dismissed. 

All charges are defensible. 

Cal Veh Code § 23152(a) Driving Under the Influence of Alcohol. DISMISSED;

Cal Veh Code § 23152(b) Driving While Having an 0.08% or Higher Blood Alcohol Concentration. DISMISSED;

Cal Veh Code § 23578 (refusal to take chemical test) - DISMISSED; and

Cal Veh Code § 23578 [high BAC .15 or more)] - DISMISSED.

Practice area(s): DUI / DWI

Court: Shasta County Superior Court

Summer was charged with a Marijuana DUI after being involved in two separate car accidents within a few minutes of each other.

Things worked out for the best as all charges were dismissed.

Great result for a deserving client. 

Practice area(s): DUI / DWI

Court: Shasta County Superior Court

Michael was stopped for poor driving and arrested for Marijuana DUI after failing field sobriety tests administered by Redding Police Officer Jacob Provencio. 

Things worked out for the best as all charges were DISMISSED. 

Great result for deserving client.

Practice area(s): DUI / DWI

Court: Shasta County Superior Court

After being involved in an accident, admitting to driving after drinking and failing the Field Sobriety Tests (FSTs) - Dan was arrested for DUI and taken to the hospital for a blood test. Notwithstanding such bad facts, Mr. Hamilton was able to get Dan's criminal case completely dismissed.

Practice area(s): DUI / DWI

Court: Shasta County Superior Court

Athena was stopped by a CHP Officer for weaving with speeds varying between 20 to 35 mph after leaving the Win River Casino in Redding, California.

She declined the Field Sobriety Tests (FSTs), refused the pre-arrest breath test [which she has a right to do pursuant to CVC § 23612(i)] and did not answer any questions – such as what she had to eat and drink and when.

Upon being arrested, the CHP Officer told Athena that she was required by law to submit to a blood or breath test pursuant to CVC § 23612. In response, Athena asked to speak with her attorney. The officer then advised her that she was not entitled to an attorney and essentially said he was construing her request for an attorney as a refusal even though Athena immediately agreed to take a blood test. The CHP Officer then obtained a warrant and took her to the hospital for a “Forced blood” draw.

Rather than drawing her blood inside the hospital, Athena's blood was taken outside on the loading dock near the entrance to the hospital so that the officer could position his vehicle in such a way as to capture the blood draw with his vehicle's dash cam. This dash cam video was later lost or destroyed and was never recovered. The blood draw caused pain, bruising and clotting around the injection site of Athena's arm.

DMV charged Athena with refusing to take a chemical test – which carries a one year no driving suspension (one cannot even obtain a restricted license during this time). Even though there was overwhelmingly evidence that Athena agreed to take a blood test and did NOT refuse – DMV upheld the suspension of her license at the APS Hearing. When Mr. Hamilton contested DMV's ruling by filing a writ of mandate in the Shasta County Superior Court – Athena's license suspension was quickly set aside – meaning she received her license back as though DMV had never suspended it.

Although she won the civil action against DMV – the Shasta County District Attorney's Office brought criminal charges against Athena for DUI (CVC § 23152(a), BAC of .08 or more (CVC § 23152(b), high BAC (CVC § 23578) and refusing to take a chemical test (CVC § 23577).

When Mr. Hamilton took issue with the blood draw, the trial court declined to suppress it, so Mr. Hamilton filed an interlocutory appeal – which was declined by the Appellate Division and the Third District Court of Appeal.

Because her career depended upon it, Athena did not give up and Mr. Hamilton continued to fight for her.

Though prepared for trial, in late May of 2019, Mr. Hamilton brought a motion to dismiss for lack of speedy trial. The motion went unopposed by the prosecution and was granted by Judge Kennedy of the Shasta County Superior Court.

In the end Athena's tenacity paid off. Her criminal case was dismissed and a .173 DUI with a high BAC and a refusal went away as though it never happened.

No license suspension, no IID, no jail, no DUI school, no VIP classes, no SR-22, no fines, no criminal record, no DMV record – and most importantly – Athena was able to preserved her career and reputation.

Practice area(s): DUI / DWI

Court: Shasta County Superior Court

Guy was arrested for driving under the influence (with a high BAC) and charged with DUI; a prior DUI;  Driving on a License that was Suspended for a Prior DUI; and Resist, Obstruction, or Delay of a Police Officer.  

Mr. Hamilton set the case for trial and all charges were dismissed just before the trial. 

Practice area(s): DUI / DWI

Court: Shasta County Superior Court

All Charges DISMISSED. After being stopped for non-working taillights, the CHP Officer approached Andrea's vehicle, noticed an odor of alcohol coming from her vehicle and red/water eyes. Andrea was arrested for DUI and submitted to a blood test, the results of which came back .111 BAC.

After retaining HAMILTON LAW, Mr. Hamilton set the case for trial and all CHARGES were subsequently dismissed. 

All cases are defensible. 

Practice area(s): DUI / DWI

Court: Lassen County Superior Court

After allegedly making a "California stop" on Shasta View near Vega Street in Redding, California, Alex was stopped by Redding Police Officer Jacob Provencio. Alex admitted to drinking an hour earlier and smoking marijuana earlier that day. Alex's license was currently suspended for a prior DUI for which he was still on probation and did poorly on the Field Sobriety Tests (FSTs). After blowing a .087/.087 on the Preliminary Alcohol Screening (PAS) Device, Alex was arrested. He then chose a chemical breath test and blew a .09/.09 on that test. 

After Mr. Hamilton set the case for trial - Alex was acquitted of the DUI by a judge- and then plead to a wet reckless with a probation violation. The acquittal reversed the DMV suspension and did away with the prior DUI conviction charge. 

Practice area(s): DUI / DWI

Court: Shasta County Court

Another driver reported Chris to law enforcement (bad driving). CHP caught up to Chris and observed him "weaving badly with erratic speeds" on I-5 North. Chris gave the CHP officer his driver's license, but had difficultly exiting his vehicle and could not complete the Field Sobriety Tests (FSTs). Chris told the officer he had "too much" to drink and "I'm drunk man, roll me up." After being arrested, Chris fell asleep in the back of the patrol car and multiple empty (and one partially empty) liquor bottles were found in his vehicle. Chris elected for a blood test - which came back as a 0.52 BAC (6.5 times the legal limit of .08). 

Case dismissed - but the story does not end there.

After his arrest for DUI, Chris was homeless. A Christian outreach organization found him on the street and took him in. He spent two years there (one year in recovery and one year as the director of the program). After the program he began working in the medical industry, married his soulmate, and now has two sons. He continues maintaining his sobriety and thanks God everyday for blessing his life. 

Practice area(s): DUI / DWI

Court: Shasta County Court

After running a stop sign, Derek was pulled over by CHP and the CHP Officer smelled alcohol. Derek admitted to drinking, performed poorly on the Field Sobriety Tests (FSTs), and blew well above .08 on the roadside breath test. Derek was then arrested and blew .17/.17 into the post-arrest chemical breath test. Mr. Hamilton filed a motion to suppress. The motion was granted. The District Attorney then moved to dismiss the case. The Judge granted the motion and the entire case was DISMISSED. Very happy client.

Practice area(s): DUI / DWI

Court: Shasta County Superior Court

Derek was stopped for going 73 mph in a 55 mph zone (speeding) by CHP. The CHP Officer discovered Derek's driver's license was suspended by DMV for driving with a .08 or more breath alcohol concentration (BrAC). Derek was arrested and charged with Cal Veh Code § 14601.2 After Mr. Hamilton filed a motion to suppress - all charges were dismissed.

Practice area(s): Criminal Defense

Court: Shasta County Court

All charges Dismissed. P. G was stopped in Trinity County (Junction City). Officers located a loaded handgun and suspected client of being under the influence. 

P. G. was charged with Cal Penal Code §§ 25400(a)(1), 25850(a). 

Diversion with the District Attorney was negotiated, successfully completed, and all charges were dismissed. 

Practice area(s): Criminal Defense

Court: Trinity County Superior Court

ACQUITTED (Not Guilty) after a 2 week jury trial in Shasta County for Felony Grand Theft/Embezzlement (Redding, California). Lot at stake and the right outcome was obtained for my innocent client. Intelligent jury saw the truth and justice prevailed. Her career was saved. She and her children are all feeling blessed.

Practice area(s): Criminal Defense

Court: Shasta County Superior Court

ACQUITTED (found not guilty) in Shasta County after a 3 day jury trial for driving under the influence (DUI) in Redding, driving with a BAC or .08 or more (and the enhancement of driving with a BAC or .15 or more), and driving with an open container. This result saved his career. He, his wife, and family are all feeling blessed - especially when one considers the fact that Shasta County is one of the most pro-law enforcement counties and jury pools in California.

Cal Veh Code § 23152(a) Driving Under the Influence of Alcohol. Acquited (Not Guilty);

Cal Veh Code § 23152(b) Driving While Having an 0.08% or Higher Blood Alcohol Concentration. Acquitted (Not Guilty);

Cal Veh Code § 23578 Special Allegation of Driving While Having a .15% or Higher Blood Alcohol Concentration. (Not True); and

Cal Veh Code § 23222(a) Possession of an Open Container While Driving. Acquitted (Not Guilty);

Court: Shasta County Superior Court

An unknown informant called law enforcement and said Patrick was driving poorly in Shasta County California. A Redding Police Officer also observed Patrick driving poorly (weaving, ran stoplight, etc). After failing the Field Sobriety Tests Patrick was arrested. Charges were filed and a blood test revealed a BAC of .15.

Mr. Hamilton filed a motion to suppress. The motion was denied and Mr. Hamilton filed an appeal of the Trial Court's ruling. A three judge appellate panel agreed with Mr. Hamilton, overturned the trial court's ruling, and ordered the blood evidence suppressed.

The Shasta County District Attorney's Office then moved the trial court to dismiss the case for lack of evidence and Patrick's DUI case was properly dismissed.

Practice area(s): DUI / DWI

Court: Shasta County Superior Court

Eric was stopped by CHP for making a right turn on a red light without stopping. He did the roadside field sobriety tests, refused the roadside (pre-arrest) breath test (which he has a right to do). After being arrested Eric then refused any chemical testing (this is the test that California law says you are required to take). The officer then obtained a warrant and took Eric to the hospital for a blood draw. Though not on probation, Eric also had a prior DUI within 10 years.

The blood test came back .13 and Eric was charged with (1) driving under the influence of alcohol and (2) driving with a BAC of .08 or more. He was also charged with two enhancements: (1) prior DUI and (2) refusing to take a post arrest chemical test.

Result: The District Attorney dropped all charges and enhancements and Eric plead to a wet reckless (meaning no enhancements, no ignition interlock (IID), 12-hour DUI school instead of an 18-month DUI school, no jail instead of the minimum 10-days on a second offense, no alcohol terms except when driving, no license suspension by the court, and a lesser fine).

Practice area(s): DUI / DWI

Court: Shasta County Superior Court

ACQUITTED (found not guilty) in Trinity County  after a 4 day jury trial for driving under the influence (DUI) in Weaverville. Great result for a deserving Client. He, his wife, and family are thankful and ecstatic — feeling blessed.

Practice area(s): DUI / DWI

Court: Trinity County Superior Court

After a 5 day Jury Trial in Shasta County, the trial court dismissed all charges. Poor Field Sobriety Tests (FSTs); .088 & .082 PAS; .08 &.08 Chemical Breath Test. Great result for an under 21 year old Santa Clara State Engineering Student on academic scholarship who got caught up in unfortunate circumstances and thought she had no where to turn.

Practice area(s): DUI / DWI

Court: Shasta County Superior Court

DUI ACQUITTAL - "NOT GUILTY". Because of the Acquittal Dylan gets to keep his Commercial Driver's License even though he had a prior DUI conviction. Upon being acquitted of the DUI, Dylan plead to a wet reckless. Fortunate result in light of being arrested for second offense DUI in Siskiyou County by a Deputy Sheriff who said Dylan failed the field sobriety tests (FSTs) and blew a .28 and .27 BrAC into the post arrest breath test.

Practice area(s): DUI / DWI

Court: Siskiyou County Superior Court

Austin was stopped for speeding in Lassen County. After refusing to take any Field Sobriety Tests (FSTs) and refusing a post-arrest blood test. The officer obtained a warrant and a nurse took a blood sample. After exhausting numerous procedural remedies, all charges were dismissed.

Practice area(s): DUI / DWI

Court: Lassen County Superior Court

Brenda was charged with DUI after blowing a .13 BrAC. She prevailed at DMV so they did not take her driver's license. She then plead to Wet Reckless so the court also did not take her driver's license.

Practice area(s): DUI / DWI

Court: Tehama County Superior Court

DUI ACQUITTAL - "NOT GUILTY." Wyatt was stopped for turning the wrong way on a one-way street in the city of Mount Shasta. After some field sobriety tests (FSTs), Wyatt blew a .07 BrAC. Though clear Wyatt was not under the influence, he was charged with DUI (Cal Veh Code § 23140). After a court trial, the judge acquitted Wyatt of the DUI. The pending one-year DMV suspension of his driver's license was also set aside (meaning no license suspension).

Practice area(s): DUI / DWI

Court: Siskiyou County Superior Court

After obtaining an acquittal in Mr. Burnett's criminal case, Mr. Hamilton filed a civil suit for malicious prosecution & False Arrest against the "witness" who made the false allegations to the police that resulted in Mr. Burnett's arrest, imprisonment, & prosecution. After the civil trial, the judge awarded Mr. Burnett $144,462.00 in damages which brought to a close any question regarding Jason's innocence.

Practice area(s): Civil Law

Court: Shasta County Superior Court

.13 DUI ACQUITTAL - "NOT GUILTY".

DMV Suspension Set Aside.

Because of the Acquittal Leonel's DMV license suspension will be set aside and he will have a clean driving record. After being stopped in Redding (Shasta County) by CHP, the Officers said Leonel failed the field sobriety tests (FSTs). After allegedly blowing a .12 BrAC into the pre-arrest breath test (PAS), Leonel was arrested for driving under the influence and taken to the hospital where a blood sample was obtained by a needle being inserted into a vein in his arm. The blood test revealed a .13 BAC.

Practice area(s): DUI / DWI

Court: Shasta County Superior Court

.12 DUI with Refusal DISMISSED

Templeton was arrested south of Chico on Highway 99 near Pentz Road. The pre-arrest breath test (PAS) registered .118 & .125 and officers said he refused the post arrest chemical test. The case was dismissed shortly after confirming the case for jury trial.

Practice area(s): DUI / DWI

Court: Butte County Superior Court

Type of Case: Car Accident

Result: $1.3 million Policy Limit Settlement

Description: Randy was injured while riding his motorcycle on Churn Creek Road just north of Dana Drive in Redding, California, when a vehicle pulled in front of him. He miraculously survived with substantial injuries and medical expenses. Fortunately, Randy has been recovering well and his medical expenses were substantially reduced. Because this settlement was obtained less than 9 months from the date of the accident - Randy and his family have been able to put much of this behind them and move on with the rest of their lives.

Practice area(s): Car / Auto Accident

Court: Shasta County Superior Court

ACQUITTAL BY JURY OF ALL CHARGES

Jason B. was acquitted by a jury. Arrested for trespassing while sitting on a log with a pocket knife near his accusers residence, he was charged with one count of Criminal Threats (a violent strike felony), one count of felony stalking, and one count of misdemeanor trespassing. Jason maintained his innocence and rejected multiple plea offers while incarcerated for 252 days. 

The Deputy District Attorney (DDA) prosecuting the case dismissed the felony stalking charge during the Pre-Trial Conference and case went to jury trial. As the facts unraveled, the judge granted the DDA's request to dismiss the trespassing charge on the second day of trial. After a short jury deliberation, Jason B. was ACQUITTED of the remaining count of criminal threats (serious violent felony strike) and the lesser included attempted criminal threats. 

Result: ACQUITTED  BY JURY IN SHASTA COUNTY

Practice area(s): Criminal Defense

Court: Shasta County Superior Court

.31 DUI ACQUITTAL and DMV Suspension Set Aside

.31 BrAC DUI (almost 4X the legal limit). Acquitted of the .08 count. Remaining counts dismissed. DMV suspension set aside because of the acquittal. Plead no contest to a lesser charge of Pen Code 647(f) - drunk in public. Trailing (separate and distinct) Pen Code 647(f) case dismissed.

Practice area(s): DUI / DWI

Court: Shasta County Superior Court

DUI DISMISSAL OF ALL CHARGES

An unknown informant called law enforcement and said Dale was DUI in Lassen County. After failing the Field Sobriety Tests, client was arrested by CHP. He blew a .23 BrAC and charges were filed.

Result: All Charges Dismissed.

Practice area(s): DUI / DWI

Court: Lassen County Superior Court

ACQUITTED BY JURY OF ALL CHARGES

Total of 4 Counts: 2 misdemeanor counts of dog at large killing livestock (one for each dog); 2 lesser included infraction counts of dog at large (one for each dog). Three (3) day jury trial in Red Bluff, California.

Result: Jury found Ken. S. NOT GUILTY OF ALL CHARGES.

Practice area(s): Criminal Defense

Court: Tehama

DUI DISMISSAL

PAS: .08 or more

EPAS:.09 and .09

S.K, was stopped for making an improper left turn in downtown Redding (Shasta County). According to the Redding Police Officer who made the stop, client failed the field sobriety tests (FSTs) and was arrested for driving under the influence after blowing .08 or more into the roadside breath test (PAS Test) and blowing a .09 & .09 into the post-arrest chemical breath test.

Result: DISMISSAL of all charges [Cal. Veh. Code §§ 23152(a) & 23152(b)] by the District Attorney.

Practice area(s): DUI / DWI

Court: Shasta

ENTIRE CASE DISMISSED and No License Suspension by DMV

After being arrest for DUI in Redding, California (Shasta County), David retained Mr. Hamilton and the entire case was subsequently dismissed. There was also no license suspension by DMV.

Practice area(s): DUI / DWI

Court: Shasta County Superior Court

Kerry was in the process of moving from California to Illinois. While traveling through Modoc County in 2013, he was stopped by CHP based on a "Be On the Look Out" (BOLO) call from someone driving in front of Kerry. The driver's passenger reported Kerry as a potential distracted or D.U.I driver. CHP quickly responded to the BOLO, pulled Kerry over, and begin a D.U.I investigation. Kerry was respectful and answered questions - but asserted his rights and refused all breath and chemical tests. Kerry was then arrested and charged with D.U.I. and a D.U.I refusal. 

Kerry maintained his innocence and proceeded to a Jury Trial. After hours of deliberating, the jury could not reach a unanimous verdict. They came back hung: 10 not guilty and 2 guilty. The judge then granted the Deputy District Attorney's request to dismiss the case. 

Result: Case Dismissed. 

Practice area(s): DUI / DWI

Court: Modoc County Superior Court

.08 or more DUI Dismissed and No DMV License Suspension.

Chris drove to her hotel after one or two glasses of wine with dinner and was stopped for no headlights at dusk (she'd had it serviced earlier in the day and the mechanic had turned the lights from "auto" to "off"). After blowing .08 or more BrAC in the roadside breath test she was arrested for DUI. If convicted, Chris was facing jail, fines, classes, etc., and the losing the best job she ever had. The alcohol related offense was dismissed, she plead to a dry reckless, and DMV never suspended her driver's license. Dry Reckless is a non-alcohol related offense.

Practice area(s): DUI / DWI

Court: Shasta County Superior Court

William ("Buck") was stopped in Big Bend after for no registration on his vehicle. The officer smelled alcohol and immediately suspected Buck was Driving Under the Influence of Alcohol. Buck refused all Field Sobriety Tests (FSTs) and was arrested for DUI. Mr. Hamilton set the case for trial and the judge granted the Deputy District Attorney's motion to dismiss all charges.

Practice area(s): DUI / DWI

Court: Shasta County Superior Court

DUI ACQUITTAL OF ALL CHARGES - "NOT GUILTY"

Under Age 21 DUI  .03 & .03 (PAS):

ACQUITTED - found "NOT GUILTY" (No DUI & No Loss of Driver's License)

Butte College Student stopped for running a stop sign. Upon smelling alcohol, the CHP Officer had Mitchell perform field sobriety tests (FSTs) - which included blowing into a Preliminary Alcohol Screening Device (PAS). The result was .03 & .03 - above the .01 or more zero tolerance for persons under 21 years old. It went to trial and Mitchell was acquitted. Because this was an acquittal, the impending one year license suspension by DMV was set aside. No loss of driver's license, no DUI school, no VIP Classes, no alcohol terms, and no Ignition Interlock Device (IID).  (Mitchell prevailed in court and at DMV).

Practice area(s): DUI / DWI

Court: Butte County Superior Court

DUI ACQUITTAL - "NOT GUILTY"

PAS Test: .114 & .109

EPAS Test: .10 & .10

Redding man stopped by CHP for weaving over double yellow line in Mt. Shasta (Siskiyou County).  According to the CHP Officers Frank failed the field sobriety tests (FSTs) and was arrested for driving under the influence after blowing a .114 and .109 into the roadside breath test (PAS Test) and a .10 & .10 into the evidential test at the local jail (EPAS Test).

Result: "DRY RECKLESS" - NO DUI. DMV license suspension was also set aside.

He was ACQUITTED - i.e., found "NOT GUILTY" - of all DUI charges [Veh. C. §§ 23152(a) & 23152(b)] by the court and simply plead to a dry reckless.

Practice area(s): DUI / DWI

Court: Siskiyou County Superior Court

DUI ACQUITTAL - "NOT GUILTY"

.18 BAC (high BAC)

"DRY RECKLESS" - NO DUI & NO LOSS OF DRIVER'S LICENSE. Government brought charges against Ken for allegedly driving with a .18 BAC. He was ACQUITTED of all DUI charges [Veh. C. §§ 23152(a) & 23152(b)].

Plead to a dry reckless and remaining charge amounting to a small fine & summary probation - no jail, never lost his driver's license, no DUI school, no VIP Classes, no alcohol terms, and no Ignition Interlock Device (IID). DMV also set aside the suspension (i.e., no loss of driver's license).

Practice area(s): DUI / DWI

Court: Tehama County Superior Court

DUI DISMISSED & DMV License Suspension Set Aside

DUI  .21% BAC reduced to PUBLIC INTOXICATION

"PUBLIC INTOXICATION" (No DUI & No Loss of Driver's License). Brian, a Shasta County resident just starting a family and beginning his career with the Forestry Service, was arrested for driving with a .21 BAC. Mr. Hamilton was able to get the DUI reduced to "public intoxication." He also won the DMV hearing.

Result: Small fine - no probation, no SR-22, no DUI school, no Jail (CTS), no Victim Impact Panel Classes (VIP), no alcohol terms, no Ignition Interlock Device (IID), no job loss, and no loss of his driver's license.

Practice area(s): DUI / DWI

Court: Butte County Superior Court

ENTIRE CASE DISMISSED and No License Suspension by DMV

Lisa was stopped for erratic driving after leaving a bar in Redding, California, and arrested after purportedly failing the field sobriety tests.  After a number of court dates and hearings, Lisa announced ready for trial and the District Attorney moved to dismiss the case.

Result: Case Dismissed.

Practice area(s): DUI / DWI

Court: Shasta County Superior Court

THREE COUNTS OF RESIST, OBSTRUCTION, DELAY OF PEACE OFFICER OR EMT (against a Police Officer and Two EMTs)

ALL THREE COUNTS DISMISSED.

Practice area(s): Criminal Defense

Court: Butte County Superior Court

SPOTLIGHTING GAME AT NIGHT

ENTIRE CASE DISMISSED.

Man accused of spotlighting game at night while driving with loaded rifle [Fish & Game Code § 2005(a)] - case dismissed.

Practice area(s): Criminal Defense

Court: Tehama County Superior Court

CARRYING LOADED GUN IN VEHICLE (Penal Code § 12031)

ENTIRE CASE DISMISSED.

Man on probation charged with Felon carrying a loaded firearm in his vehicle - case dismissed.

Practice area(s): Criminal Defense

Court: Shasta County Superior Court

DUI DISMISSAL

.12 BAC:

HUNG JURY (11 of 12 Jurors for Not Guilty) - ENTIRE CASE DISMISSED.

Ex-soldier who had recently completed a 15-month tour in Kuwait and was recommended for a "Purple Heart" was accused of driving under the influence of alcohol with a .12 BAC (Note: the prosecution was unsuccessful in attempting to amend their complaint adding injury to a passenger). After a 6-day trial, the jury returned 11 to 1 in favor of the soldier on the 7th day. The 11 jurors who voted Not Guilty, 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 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 in the Superior Court.

Mr. Hamilton was also able to negotiate reduced suspension terms with DMV.

(Note a BAC of .08 or more causes two separate and distinct actions - one by the court and one by DMV).

Practice area(s): DUI / DWI

Court: Lake County Superior Court

DUI DISMISSAL.

.14 BAC (PAS)/.12 BAC (EPAS):

HUNG JURY (9 of 12 Jurors for Not Guilty) - ENTIRE CASE DISMISSED.

Young single working mother with two small children was accused of Driving Under the Influence of Alcohol (DUI) in Anderson, California.  An Anderson Police Officer testified at trial that Amelia did poorly on the Standardized Field Sobriety Tests (SFSTs), blew a .14 BAC on the roadside breath test (PAS), and a .12 BAC on the chemical test after being arrested.  After approximately 6 hours of jury deliberation, the Foreperson held back tears as she announced to the Court that the jury was deadlocked - 9 jurors voted not guilty and 3 jurors voted guilty. After a 4 day jury trial in Shasta County, the entire case was then dismissed.

(Note a .08 BAC or more causes two separate and distinct actions - one by the court and one by DMV).

Practice area(s): DUI / DWI

Court: Shasta County Superior Court

DUI DISMISSAL

.094 BAC (PAS) & .09/.08 BAC (EPAS)

MOTION TO SUPPRESS GRANTED (Penal Code § 1538.5) - ENTIRE CASE DISMISSED.

Woman stopped for weaving between Redding and Shasta Lake City. After cross-examination of the police officer by Mr. Hamilton, the trial court granted the motion because there was insufficient reason for the arrest. The entire case was then dismissed.

(Note a .08 BAC or more causes two separate and distinct actions - one by the court and one by DMV).

Practice area(s): DUI / DWI

Court: Shasta County Superior Court

John was pulled from his vehicle after overturning it in a creek. He failed the field sobriety tests and was arrested after blowing a .267 BrAC in the PAS device. A chemical blood test later revealed a .25 BAC.

J.F. announced ready for trial and District Attorney later moved to dismiss the case.

Result: Case Dismissed.

Practice area(s): DUI / DWI

Court: Shasta County Superior Court

Brian was stopped for failing to maintain his lane in Redding, California. He was cooperative, performed the field sobriety tests, refused the roadside breath test (PAS) and blew into the chemical breath test at the Shasta County Jail - revealing a .12 BrAC.

B.A. announced ready for trial and the District Attorney moved to dismiss the case.

Result: Case Dismissed.

Practice area(s): DUI / DWI

Court: Shasta County Superior Court

DUI DISMISSAL

.12 BrAC

Client stopped for weaving on Shasta View and on Highway 44 in Redding, California (Shasta County). According to the Redding CHP Officer who made the stop, R.W. failed the field sobriety tests (FSTs) and was arrested for driving under the influence.

Result: DISMISSAL of all charges [Cal. Veh. Code §§ 23152(a) & 23152(b)].

Practice area(s): DUI / DWI

Court: Shasta County Superior Court

WET RECKLESS - high BAC and Prior DUI Allegation Dismissed (.15/.17)

Stopped in Anderson, California, by CHP Officer for weaving, running stop sign, no plates, and a report of bad driving by a 911 caller. The CHP Officer said Stanley failed the Field Sobriety Tests (FSTs). Stanley refused the pre-arrest breath test and blew a .15 & .17 BrAC about an hour after being arrested. After setting the case for trial and much ado, the District Attorney agreed to reduce the charges to a Wet Reckless.

Practice area(s): DUI / DWI

Court: Shasta County Superior Court

WET RECKLESS

DUI .16 BAC (Blood Test), Suspended License, & Unregistered Vehicle

"WET RECKLESS"

After a high speed solo accident on I-5 south near Anderson, California, a 21-year old Oregon woman was arrested for DUI, driving on a suspended license, and driving an unregistered vehicle. Result: Small fine, No jail time (CTS), no IID, No Victim Impact Panel Classes (VIP), No Court Ordered DUI Classes, & No alcohol terms (except when driving).

Practice area(s): DUI / DWI

Court: Shasta County Superior Court

2 PRIOR DUIs DISMISSED

.19/.20 BAC (and high BAC) & Two Prior Offenses.

Both Prior Offenses Dismissed.

Shasta College student transferring to University of California, Berkeley, was stopped for speeding on Hilltop Drive in Redding, California. Although Richard plead to Veh. C. § 23152(b) with a High BAC, both alleged prior offenses were dismissed. Note: A Second Offense DUI carries a minimum of 10-days Jail - and a third offense DUI carries a minimum of 120-days in jail - plus numerous other consequences.

Practice area(s): DUI / DWI

Court: Shasta County Superior Court

WET RECKLESS - PRIOR DUI DISMISSED

DUI .10 &.09 BAC & Prior Offense

"WET RECKLESS" and Prior Offense Dismissed.

Redding man stopped for speeding. Charges were dropped to a "Wet Reckless" and the alleged prior offense (within 10-years) was dismissed. DMV also only suspended the driver's license under the terms of a first offense.

Practice area(s): DUI / DWI

Court: Shasta County Superior Court

REDUCED CHARGES

DUI .10 BAC (PAS) & .09 BAC (EPAS) while on Probation for Prior DUI

"WET RECKLESS" - No Probation Violation, No Prior Offense, No Jail Time.

Working single mother (with 3 small children) was charged with DUI while still on probation for a prior DUI. Mr. Hamilton was able to get the probation violation dismissed and the charges were dropped to "Wet Reckless" (with no probation violation and no prior offense).

Note: A Prior Offense usually carries a minimum of 10 days or more in jail - and a Probation Violation usually carries a minimum of 10 days or more in jail.

Practice area(s): DUI / DWI

Court: Glenn County Superior Court

WET RECKLESS & GUN RETURNED

DUI  .12 (PAS) & .09 (EPAS) BAC & CARRYING LOADED GUN IN VEHICLE (Penal Code § 12031)

"WET RECKLESS" (Gun Charge Dismissed & Gun politely Returned).

An Oregon artist was involved in an accident while driving with a .12 roadside PAS Test and a .09 Chemical Test (indicating a declining BAC). The woman was also charged with carrying a fully loaded 45-caliber pistol in her vehicle.

Practice area(s): DUI / DWI

Court: Shasta County Superior Court

WRIT OF MANDATE GRANTED BY THE COURT'S APPELLATE DIVISION

Trial court judge denied a motion brought by Mr. Hamilton in a civil case - Mr. Hamilton took the matter to a higher court. The three judge appellate panel agreed with Mr. Hamilton and overturned the trial judge's ruling. This was the second Writ by Mr. Hamilton that was granted in this case.

Practice area(s): Landlord / Tenant

Court: Butte County Superior Court

WRIT OF MANDATE GRANTED BY THE COURT'S APPELLATE DIVISION

Trial court judge again denied a motion brought by Mr. Hamilton - Mr. Hamilton took the matter to a higher court. The three judge appellate panel agreed with Mr. Hamilton and overturned the trial judge's ruling.

Practice area(s): Landlord / Tenant

Court: Butte County Superior Court