Anyone arrested for DUI in Kern County should understand that these cases are aggressively prosecuted by the DA and getting a charge dropped is not always that easy but here is a case where it was done.
The client was arrested by the CHP after she was found behind the wheel, asleep with the engine running. The arresting officer claimed she told him she was on her way home and fell asleep. Her blood alcohol level was .13 and she was quickly taken to jail and booked. Thereafter, her licensee was confiscated and she was facing a mandatory suspension and permanent scar on her record.
A DMV hearing was commenced whereupon her license was suspended even though the attorney presented evidence she was not driving with an elevated BAC. Not deterred, Bruce set the case for trial in Bakersfield and presented evidence that the proof of her guilt was lacking. The DA agreed and consented to drop the charges to public intoxication. Mr. Blythe also obtained a “not guilty ” on the charge of driving with a BAC of .08 or more so that she can get a set aside of the suspension from the DMV.
Ultimately, she will walk away with nothing on her driver record, no requirement to attend classes, no SR22 requirement and no points on her record. Well Done!