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OAKLAND OFFICE

Our Oakland office is located across the street from the Oakland Criminal Courts Building at: 524 7th St., Oakland CA 94607

SAN FRANCISCO OFFICE

 

Our San Francisco Office is located in the waters edge and is used by appointment only at: 1750 Montgomery St., 1st Floor, San Francisco, CA 94111

MARIN OFFICE

Our Marin office is also by Appointment only and is convienietly located across from the Marin County Superior Court at:4040 Civic Center Drive, Ste. 200, San Rafael, California 94903

NEWS
ATTORNEY RODRIGUEZ HAS BEEN A FEATURED SPEAKER ON KGO, KCBS AND UNIVISION ON TRAFFIC AND DUI LAWS!

 

DOCUMENTED CASE RESULTS!

(The following reported case results are not a guarantee of future case results.) 

San Mateo DUI case

.12, .12 Breath case

RESULT: UNLAWFUL STOP GRANTED!

Oakland DUI case

.10, .10 Breath case

RESULT: DISMISSED!

Oakland DUI case

.10, .10 Breath case

RESULT: HUNG JURY!

Oakland 4 red light camera dismissed!

came after trials!

RESULTS: 4 POINTS SAVED!

San Mateo DUI & hit and run charges

DUI .14,.16 with accident

NEGOTIATED TO DRUNK IN PUBLIC 647(F)!

DMV record, point removal

4 points, removed one from record

RESULT: POINT REMOVED, NO SUSPENSION

DMV negligent operator hearing

Having 6 points on CDL record

RESULT: SET ASIDE, MEANS WON!

San Mateo County DUI trial

DUI, Breath .22, .24

RESULT: HUNG JURY!

Yolo County Speeding over 100

Speeding over 100 on I5

RESULT: NOT GUILTY, OFFICER TESTIFIED!

Hayward Felony Insurance Fraud

16 Felony counts of insurance fraud

RESULT: ONE MISDO COUNT AND NO JAIL

San Mateo County 2nd offense DUI

.11,.10 PAS, .08, .08 Breath

DISMISSED AT TRIAL!

Alameda County 2nd offense DUI

.10, .10 Breath, .11,.10 PAS

"DRY" WITH HELMANDOLLAR!

San Joaquin County firearm charge

Discharge of a firearm in city of Ripon:

NOT GUILTY!

Alameda County Speeding charge

Oakland Speeding, 85 in 55:

DISMISSED!

Alameda County traffic case

Oakland stop sign violation:

DISMISSED!

San Mateo County speeding charge (plane)

Speeding, 95 in a 65:

DISMISSED!

Alameda County speeding case

Hayward speeding violation:

DISMISSED

Alameda County driving on a suspended license 

Oakland driving on a suspended license:

REDUCED TO 12500

Alameda County driving on a suspended license

Hayward three driving on suspended license charges:

REDUCED TO 12500's 

San Mateo County Speeding ticket

Redwood City speeding ticket:

DISMISSED

San Francisco County red light camera

San Francisco red light camera:

DISMISSED

San Mateo County Red Light Camera

Daly City red light camera ticket:

DISMISSED

Alameda County speeding ticket

Oakland Speeding ticket result:

DISMISSED

Alameda County red light camera ticket

Hayward red light camera ticket: 

DISMISSED FOR NO POINT VIOLATION!  

 

MORE DOCUMENTED CASE RESULTS!

(The following case results are not a guarantee of future case results.) 

Hayward red light camera ticket

Red light camera ticket:

DISMISSED FOR NO POINT VIOLATION

Coalinga speeding ticket

Speeding at 105 m.p.h.:

REDUCED TO 1 POINTER W/TRAFFIC SCHOOL BEING GRANTED, CASE DISMISSED!

Newark red light camera ticket

Red light camera ticket:

DISMISSED FOR NO POINT VIOLATION!

Kern County Speeding ticket

Speeding 90 in a 70: 

 DISMISSED!

Marin speeding ticket

Speeding 85 in a 65:

DISMISSED!

San Mateo red light camera

2 Red light camera cases:

DISMISSED! 

Placerville misdemeanor

4 contractor charges: 

DISMISSED!

Placerville misdemeanor

5 contractor charges:

DISMISSED!

Palo Alto hit & run

Misdemeanor hit & run: 

DISMISSED!

Marin traffic ticket

Speeding on the Golden Gate Bridge:

DISMISSED FOR NO POINT VIOLATION! 

Palo Alto traffic ticket

Failure to yield to pedestrian: 

DISMISSED!

San Francisco traffic ticket

San Francisco red light camera: 

DISMISSED!

San Francisco no left turn: 

DISMISSED!

San Francisco red light camera: 

DISMISSED!

Richmond Petty theft:

Petty theft charge: 

DISMISSED!

Richmond DUI

.18,.18, breath case:

MISTRIAL GRANTED!

Oakland Misdemeanor

Oakland possession of substance:

DISMISSED!

Placerville traffic ticket

Speeding ticket over 100 MPH:

DISMISSED!

Oakland traffic ticket

Oakland Failure to yield:

DISMISSED!

Oakland Petty Theft

Petty theft charge: 

DISMISSED!

Santa Clara County sexual battery

San Jose Sexual Battery: 

NOT GUILTY!

Alameda County reckless driving

Hyaward reckless driving, speed exhibition:

DISMISSED!

San Mateo County traffic ticket

San Mateo red light camera:

DISMISSED!

Alameda County expungement

Oakland felony assault expungement: 

GRANTED!

Alameda County probation termination

Oakland felony Assault probation termination: 

GRANTED!

Marin County felony

Marin, criminal threats on Court Commissioner: 

NOT GUILTY!

San mateo County felony

Redwood City assault with a deadly weapon:

REDUCTION AT TRIAL TO MISDEMEANOR!

San Mateo County felony

Redwood City Felony embezzlement:

REDUCTION AT TRIAL TO MISDEMEANOR!

San Mateo County felony

South San Francisco assault on an Cop with deadly weapon:

NOT GUILTY!

Alameda County DUI

Oakland DUI, .09, .10 Breath:

DRY RECKLESS! 

San Francisco County DUI

DUI, .12 blood test:

DRY RECKLESS!

Sonoma County DUI

Reckless driving:

DISMISSED!

San Mateo County DUI

DUI, .12 Blood test:

REDUCED AT TRIAL TO 647(F)

Alameda County DUI

Oakland DUI, .11, .11, breath:

WET RECKLESS

Solano County DMV action

Fatal accident, lifetime license suspension:

WON SET ASIDE!

San Francisco County DUI 

.08, .07 Breath DUI:

DRY, AT CLIENTS DIRECTIVE!

Alameda County DUI

Oakland DUI, .08 blood:

DRY RECKLESS!

CHARGING AND SENTENCING STATUTES:

It is highly recommended that you know the charges against you and that you learn as much as you can about them. You should also educate yourself about the legal process. It is our opinion that the Attorney-Client relationship is more efficient when both parties understand what they are dealing with. Having said this, we also understand that it is our responsibility to educate the client about the law and procedure so that they can make intelligent and well informed choices in their case.

Most DUI cases are carry two charges: 23152/3 (a) and 23152/3 (b).  Many people don't understand the difference between the two.  What we in the field call the "B" count, alleges an alcohol level of .08 or higher and if true you will be found guilty of a DUI.  The "A" count alleges that your ability to drive was impaired by alcohol regardless of your alcohol level (you must have some alcohol but there is no need to prove that you were over a .08).  The "A" count is usually proved by your performance on the Field Sobriety Test as well as the results of the chemical test.

The reason why the government charges you with two counts in most DUI prosecutions is simple, if they can't get you with one, they will try and get you with the other.

The following is a list of statutes found in the Vehicle Code that deal with driving under the influence both as misdemeanors and felonies, both for charging and sentencing:

Sections 23152-23229.1:

These statutes set forth a definition of the misdemeanor and felony drunk driving, along with a few related sections.

Section 23136:

The so-called "zero tolerance" law applying to drivers under 21 with 0.01% blood-alcohol.

Section 23140:

Drivers under 21 with blood-alcohol of 0.05% or greater.

Section 23520-23521:

DUI "sentencing" in juvenile court.

Section 23502:

Further provisions for those convicted of Section 23140 (drivers under 21).

Section 23536 etc:

Sentencing provisions for misdemeanor DUI.

Section 23554 etc:

Sentencing provisions for felony DUI.

Section 23572:

Additional penalties ("enhancements") in misdemenaor drunk driving cases.

Section 23575 etc:

Provisions requiring installation of "ignition interlock devices" (IIDs).

Sections 23247-23249:

Further describes requirements for installing court-ordered ignition interlock devices.

Sections 23592-23596:

More sentencing provisions.

Sections 23600-23602:

Laws governing probation in drunk driving cases.

Sections 23610-23614:

The "implied consent" provisions for taking blood, breath or urine samples.

Sections 23620-23626:

The use of "prior convictions" to increase DUI punishment.

Section 23630:

Lawful use of a drug is not a defense to driving under the influence of drugs.

Section 23640:

Court-ordered "alcohol education" programs