Recent Case Results Obtained by JD Law
DUI with BAC of .23% -
We currently had a client who was charged with VC23152(A) and 23152(B) Driving Under the Influence of Alcohol/Drugs and Driving While Having a Measurable Blood Alcohol Concentration (BAC), and it was further alleged that he had a blood alcohol concentration of 0.15 percent or more, by weight, within the meaning of Vehicle Code Section 23578. After pursuing an aggressive offense, Attorney James N. Dicks was able to have the charges reduced to VC 23013.5- a wet reckless. This is a lesser offense than a DUI, even though the client had a BAC of .23%.
Multiple Drug Charges -
A young man was arrested for Health & Safety Code Section 11377 (A)-Possession of a Controlled Substance, a felony charge, HS 11550(A)- Being Under the Influence of a Controlled Substance, HS11364.1 (A)- Possession of Paraphernalia Used for Narcotics, and Vehicle Code Section 12500(A)- Unlicensed Driver. This person has five prison priors, so this case was difficult to negotiate due to his extensive criminal history. After Attorney James N. Dicks filed a 1538 Wilder Motion (a motion to suppress evidence), he was able to plead the client to just one count of 11377 (A). The client was given credit for one day served and no additional jail time.
Felony DUI Causing Injury -
A very serious case came in with a young woman who was being charged with a felony VC 23153(A)(B)- Driving Under the Influence Causing Injury, Prior DUI within 10 years of VC23152 (A) conviction and VC20001 (A)- Hit and Run with Injury. This was a very serious case, as the initial Preliminary Alcohol Screen Information had her blood alcohol level at a 0.29%. She submitted to a blood test and it came back as 0.27% and was facing a maximum of three years in prison. After several meetings with the district attorney and the judge, Attorney James N. Dicks was able to have it reduced to a misdemeanor VC23153 (A) with VC23540 (a prior) and VC 23578. She had to enroll in the multiple conviction programs and, in lieu of jail time, she was ordered to do the SCRAM program for thirty (30) days.
Unlawful Possession of a Controlled Substance -
Attorney Dicks takes a very aggressive stance in investigating cases before charges have been filed. In many cases, it is possible to talk to the investigators before they make a recommendation to the District Attorney's office to have formal charges filed. In one instance, we had a young man charged with HS 11350(A)-Unlawful Possession of a Controlled Substance. Before going to his arraignment, Attorney Dicks talked to the detective and presented evidence that the client was lawfully entitled to have the controlled substance. The case was completely dropped and the client was extremely happy to not have this on his record.
Multiple Drug Charges -
Motions to suppress can be critical in the outcome of a case. Take for example, a client of ours that was arrested for HS 11379.6- Manufacturing of a Controlled Substance, HS 11359- Possession of Marijuana for Sale, and HS 11357 (A)- Possession of Concentrated Cannabis. After filing a motion to suppress to be heard at the preliminary hearing, the district attorney's office dismissed the case in its entirety because they were unable to proceed and justify a warrantless search and seizure in the case.
16 Felony Counts -
A couple came in to our office accused of 16 felony counts of Penal Code Section 118(A) Perjury by false information for aid, one felony count of WI10980(C)(2) Aid by misrepresentation in the amount of over $950 and one felony count of WI14014 False statement to receive health care. Each count was a maximum of 4 years in custody, thus it was imperative to reduce the charges. We were able to reach a settlement with the San Diego City Attorney's office and have our clients pay a restitution fee to the Office of Revenue and Recovery. Once our clients satisfied that requirement, the case was completely dismissed.
Domestic Disturbance -
Penal Code Section 273.5 (A) makes it a felony to inflict corporal injury on current or former spouse or cohabitant with a punishment of imprisonment in state prison for two, three, or four years, or in a county jail for not more than one year. We represented a mother of two children who had been charged with this because she had been the victim of a domestic disturbance and in the process had injured her husband.
She was been arrested, but bailed out of jail. Mr. Dicks had a conference with the District attorney and explained that she had acted in self-defense to protect herself and their children since her husband had been intoxicated at the time of the incident. After we provided corroborating statements to prove that her husband had been the aggressor and that our client had been the victim, the charges were dropped against her.
Attorney James N. Dicks had the pleasure of representing a woman for an alleged DUI that occurred last year. Our client had been unfairly accused of a DUI because she had been near her car at the time of an accident. She denied ever driving the car and told officers that one of her two friends was in fact the driver. She had been responsible in her actions and had opted to have a designated driver. Unfortunately, the police officer she encountered found that there was probable cause to arrest her due to the fact that she had failed the field sobriety tests (which could be very subjective). We were able to help her keep her license after introducing the witnesses to testify on her behalf during the Department of Motor Vehicles hearing. Ultimately the case was completely dismissed by the District Attorney's office after Mr. Dicks proved there was not enough evidence to take the case to trial and unfairly convict her of a crime she didn't commit. The client was extremely happy to be able to close this chapter of her life and begin a new one.
Penal Code Section 594(A)(B) Vandalism is "punishable by imprisonment…in a county jail not exceeding one year." We represented a student being accused of vandalism, but Attorney James N. Dicks was able to have the charges reduced to Penal Code 415(2) infraction of disturbing the peace. The client was ordered to attend 10 Alcohol Anonymous meetings and pay a small restitution fee.
Drug Charges and Concealing a Firearm -
A young woman's family came in to our office very distraught that their daughter had been arrested for drug charges and concealing a firearm. The District attorney ended up filing the case and she was charged with a felony charge of Penal Code (PC) 23900 of obliterating the identification of a firearm, a misdemeanor charge of PC 25400(A)(1) having a concealed firearm in vehicle, and a misdemeanor charge PC 25850(A) carrying a loaded firearm on one's person. After being able to prove that she had not been involved in any conspiracy with her co-defendants, she pled guilty to one misdemeanor count of Penal Code Section 27315 Gun Show-Display of Ammunition.
Reduced to Small Fine
We represented a young man who had been cited for Vehicle Code 23154(A) violation his DUI probation, VC 12500(A) misdemeanor charge of being an unlicensed driver, and VC 16028(C) having no insurance. Attorney James N. Dicks took a very proactive approach with this case and explored a settlement with the District attorney's office. In the end he was able to get the charges of VC 23154(A) and VC16028(C) dismissed. Our client had to pay a small fine to the court and his case was concluded.