RECENT DMV HEARING RESULT
isposition Date 06.30.2017 East Los Angeles
Criminal Charges filed – Several violations of the Los Angeles Municipal Code Proposition D ordinance regulating medical marijuana businesses. Under this section, a property owner may not permit the premises to be used for any medical marijuana activity, and an operator may not engage in the cultivation, possession, distribution or giving away of marijuana for medical purposes.
Potential Penalties – Violation of any section of the Los Angeles Municipal Code is a misdemeanor, punishable by six months in jail and/or a $1000.00 fine and a nuisance, subject to a daily civil penalty in the amount of $2500.00.
RESULTS – Entire case was dismissed against both clients after investigation proved that clients, the property owners, were unaware of nor reasonably would not have known of the illegal use of the premises by tenant and that said property was no longer being occupied and used illegally.
Disposition Date 09.21.2016 Alhambra
Criminal Charges filed – one count of Domestic Violence.
At the arraignment stage of this case, the Judge granted a request to not require the client to post bail but instead granted a request to allow the client to remain out of custody on her own recognizance.
During an office meeting with the district attorney, compelling evidence, which led to a Diversion resolution, was presented to include but not limited to, client’s attendance in counseling, there were no photographs of injuries to the other party, contents of a 911 call by a neighbor revealed mitigating facts about the case and the client had never been arrested nor charged with a crime previously.
RESULTS – Client was given a Diversionary Grant by the district attorney to complete 26 domestic violence classes over a six month to earn a dismissal of the case.
Disposition Date 09.16.2016 Glendale
Criminal Charges Filed – 1 count resisting, delaying or obstructing a peace officer in the discharge of their duties, 1 count of being drunk in public and 1 count of trespass.
Client had no prior criminal offenses and held a California Registered Nursing license. After, obtaining and highlighting additional discovery such as the 911 call and belt recording from the time of arrest and presenting a packet of personal mitigating factors at a scheduled conference with the district attorney, a resolution was proposed to have client complete AA, anger management classes and perform 5 days of community labor during a brief continuance of client’s case in exchange for dismissal if client completed agreed-upon terms.
RESULTS – Client successfully completed all required conditions, and therefore was not convicted and client’s case was dismissed pursuant to the Diversionary Grant by the District Attorney.
Disposition Date 07.19/2016 East Los Angeles
Criminal Charges filed – Several violations of the Los Angeles Municipal Code Proposition D ordinance regulating medical marijuana businesses.
Potential Penalties – 12-month diversion program or misdemeanor conviction
RESULT – Entire case was dismissed after proof was filed with the City Prosecutor that the premises were leased to a new tenant.
Disposition Date 06.28.2016 Pasadena
Criminal Charges filed – DUI, 23152 (a)(b) of the Vehicle Code, Blood Alcohol Level .11, .11
Potential Penalties – Standard DUI Terms, 3 years summary probation, 3-month alcohol program, $1800.00 fine (390.00 plus penalty assessments)
RESULTS – Conviction of a Wet Reckless, 23103.5 of the Vehicle Code, 2 years of summary probation, 12-hour alcohol program and total fine of $1113.00.
Disposition Date 04.15.2015 Burbank
Criminal Charges filed – 1 count of Cultivation of Marijuana and 1 count of Possession of Marijuana for Sale, Felony charges. Client’s original offer was a state prison sentence.
RESULTS – Client resolved his case with a Plea to a Wobbler drug offense, 11366(a) of the Health and Safety Code, commonly referred to as essentially operating a “drug” house, 3 years of formal probation which was converted to informal probation and reduced to a misdemeanor after the completion of 45 days of Cal Trans. Subsequently a motion was made for a return of the client’s cell phones and money which was granted by the court.
Dispostion Date 10.19.2015 Alhambra
No criminal charges filed – Domestic Violence. Met with the Victim on the case who did not
want charges filed against her husband. She had met with arresting agency and contacted the district attorney’s office but no avail. Gathered mitigating information, circumstances of case and met with District Attorney who agreed not to filed any criminal charges.
Disposition Date 03.09.2015 Criminal Courts Downtown L.A.
Criminal charges filed – 2 counts of domestic violence as misdemeanors with prior battery convictions, false imprisonment and resisting arrest. Client was represented by the public defender until the time of trial. The best offer on the table was 45 days in county jail with other terms and conditions of probation. Client retained me in the trial period. After seeking additional discovery and researching the victim’s prior history, Client plead “no contest” to resisting arrest pursuant to 148(a)(1) of the Penal code and received 24 months of summary probation and was required to pay a fine of $150.00.
Disposition Date 03/05/2015 Pomona
Criminal charges filed – Robbery with special allegation use of a deadly weapon, a knife. Original offer on the case was for 4 years state prison. A 995, Motion to dismiss for insufficient evidence based on the preliminary hearing transcript was filed,and we announced ready for trial, Case sent out to trial. At time of trial, offer from D.A. was reduced to Brandishing a knife, misdemeanor , 90 days in jail which client accepted.
Disposition Date 09.17.2014 West Covina, Citrus court
Criminal charges filed – Possession of Methamphetamine, Under the Influence with priors.
Motion to Suppress the Evidence pursuant to Penal Code 1538.5 Filed based on an unlawful detention/illegal search. Motion Granted. All Evidence Suppressed/Case Dismissed.
Disposition Date 05.21.2014 Rancho Cucamonga court
Criminal charges filed – Assault with a Deadly Weapon pursuant to 245(a)(1) of the Penal Code, felony strike. After investigation and plea negotiations, charged reduced to non-strike Assault. No jail time, no fine and reduce to a misdemeanor and dismiss after one year of probation.
Disposition Date 07.18.2013 L.A. Metro court
Criminal Charges filed – DUI (23152(a)(b) of the Vehicle Code, Hit/Run 20002 (a) of the Vehicle Code. Preliminary Alcohol Screening (PAS) results, .09, .09, Breath Results, .08/08
DMV Hearing , 09/11/2013, “Set Aside” Driver’s License Reinstated.
Court, All charges Dismissed, client plead “no contest” to Speed Exhibition, 23109(c) of the Vehicle code and received 36 months summary probation and a fine.
Disposition Date 06.28.2010
Criminal charges filed – 23152 (a)(b) of the Vehicle code
Potential Penalties (original offer) – 3 years of summary probation, fine of $1800.00 and the AB541 program, suspension of driving privilege
RESULTS – 06/11/2010, won DMV hearing, driver’s license reinstated filed 1538.5 with court , on day of motion, investigation provided to DA’s office, all charges dismissed.
Disposition Date 02.08.2011
Criminal Charges filed – 23152 (a)(b), .15 enhancement allegation per 23578 V.C.
Offer – 3 yrs. Probation, Madd program, 9 month alcohol program, fine
RESULTS – 1538.5 motion to suppress evidence was granted, case dismissed.
Disposition Date 12.08.11
Criminal charges filed – 23152 (a)(b) V.C.
Potential Penalties – 3 years summary probation, 3-month alcohol program, $1800.00 fine (390.00 plus penalty assessments)
RESULTS – conviction of 23103 V.C. Dry Reckless, 2 years of summary probation, fine of $250.00.
Disposition Date 11.30.2011
Criminal Charges Filed – 23152 (a)(b) V.C.
Potential Penalties – 3 years probation, $1800.00 fine, AB541 program, IID
RESULTS – client Plead “no contest” to 23103.5 Wet Reckless, 3 years probation, AB541 program, $145.00 fine
Criminal charges filed – 23152(a)(b) V.C.
RESULTS – Prosecutor amended complaint at arraignment to allege 23153 (a)(b) DUI with Injury as a felony.
1.) Plea to one count DUI, misdemeanor, for standard sentence of 3 yrs. Summary probation, 3-month alcohol program, fine of 390.00 plus penalty assessments and restitution hearing on property damage/medical bills. Felony charges dismissed.
- Subsequent Restitution hearing - $4500.00 in property damage requested, ongoing medical bills requested. Won restitution hearing – no restitution ordered
08/29/2011 – DMV won – set aside
Disposition Date 01.04.2011
Criminal Charges Filed – 23152 (a)(b) V.C. , High blood alcohol enhancement allegation, 148(a) P.C.
Potential Penalties – 3 yrs summary probation, fine, 9 month alcohol program, 5 days county jail
RESULT – original charges dismissed, conviction for 23103.5 V.C. Wet Reckless, 3 yrs summary probation , fine DMV – “set aside”
Disposition Date 06.07.2011
Criminal charges filed – 23152(a)(b) V.C., as 3rd offense
Potential Charges Filed – 120 days county jail, 5 years summary probation, fine , Sb38 program
RESULT – 1538.5 motion filed. Lost motion but as result prior conviction of 08/01/2005 stricken. Plead to one count of DUI for minimum 96 hours county jail, 3 years of summary probation,SB38 program, 30 day outpatient alcohol program, fine
Disposition Date 06.08.2011
Criminal Charges Filed – DUI 23152 (a)(b) V.C.
Potential Penalties – 3 years summary probation, $1800.00 fine, AB541 program, IID installation
RESULT – Original charges dismissed, conviction for 23103.5 V.C. Wet Reckless, 1 year summary probation, fine of 1088.
12/08/2011 – probation terminated, case dismissed by judge.
Disposition Date 05.2012
Criminal Charges Filed – 23152 (a) Dui with drugs, probation violation
Potential Penalties – 4 years summary probation, 30 days county jail, fine, SB38 program
RESULT – case dismissed, no probation violation.
Disposition Date 08.24.2011
Criminal Charges Filed – 23152(a)(b) V.C.
Potential Penalties – 3 years summary probation, fine $1800.00, 10 AA meetings, AB541 program, Morgue program, IID
RESULT – original charges dismissed, convicted of 23109(c) V.C. exhibition of speed, 3 years probation, AB541 program, $300.00 plus penalty assessments
Date of Disposition 11.22.2011
Criminal Charges Filed – 23152 (a) V.C., Refusal enhancement pursuant to 23157 V.C.
Potential Penalties – 3 years probation, 6-month alcohol program, 48 hours county jail, $1800.00 fine
RESULT – original charges dismissed, conviction for 23013 V.C. dry reckless, 2 years probation, 1085.00 fine