Wallin & Klarich Criminal Defense Attorney Sheldon E. Lee Convinces Prosecutor to Dismiss DUI Charges against Client – VC 23152(a), VC 23152(b)
Experienced Wallin & Klarich Criminal Defense Attorney Sheldon E. Lee recently helped a client avoid severe penalties following accusations of driving under the influence of alcohol (DUI). Top San Bernardino DUI defense Attorney Sheldon E. Lee assisted the client to dismiss the DUI charges against him after filing a motion to suppress all evidence. If convicted of both misdemeanor charges, our client faced up to one year in county jail and up to $2,000 in court fines.
“I always make sure to explore all feasible defenses when defending a client accused of a DUI,” said Attorney Lee. “A DUI conviction can result in serious consequences, so having the right attorney can often be the difference between facing such consequences or being exonerated.”
According to the record, our client was charged with two counts of misdemeanor DUI under VC 23152(a) and VC 23152(b). After our client finished work at an early morning hour, he entered a fast food drive-thru to get a meal. An off-duty police officer in an unmarked vehicle was behind our client in the drive-thru. This individual called the local law enforcement to report an alleged DUI. Our client was subsequently arrested by local police after performing a field sobriety test.
Attorney Lee argued that there was a lack of probable cause to arrest our client for DUI. Our client had simply visited the fast food restaurant to get a meal after leaving his work. There was no reason to believe that our client was under the influence of drugs or alcohol at the time of the incident. After reviewing all of the evidence, Attorney Lee filed a timely motion to suppress all evidence. Ultimately, the district attorney dismissed both counts of DUI against our client.
Due to Attorney Lee’s diligence in exploring all feasible defenses, our client did not have to serve any jail time or pay any fines. Furthermore, his reputation was restored and he was able to remain gainfully employed.
If you are confronted with accusations of DUI, it is critical to understand what the crime entails. The DUI defense attorneys at Wallin & Klarich have been successfully defending clients accused of a DUI for over 40 years. We know exactly what the prosecutor must prove in order to convict you of a DUI. The prosecutor must prove the following elements beyond a reasonable doubt in order to convict you of a DUI:
- You drove a vehicle; AND
- You were under the influence of an alcoholic beverage, a drug or the combined influence of both when you were driving the vehicle.
You are considered to be “under the influence” if, as a result of the alcohol and/or drug, you are so impaired that you cannot operate a vehicle with “ordinary care.” Ordinary care may be defined as the caution that a sober driver would use in similar circumstances.
