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No Charges Filed in Albany/Berkeley DUI Case

Posted by Seth Chazin | Nov 01, 2013 | 0 Comments

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We are pleased to report that we have prevailed once again in a client's DUI case by not only ensuring that no charges were filed in court against her but also by prevailing in her Administrative Per Se DMV hearing in Oakland. The client was arrested by the Albany police department for a DUI in August when she was stopped for speeding on a local Street in Albany. Despite the fact that the officer claimed to have observed the standard symptoms of bloodshot and watery eyes, a strong odor of alcohol about her person and that the client failed the field sobriety tests, we prevailed in the client's DUI case by subpoenaing the police agency's maintenance and calibration records for the machine that was used to test our client and by employing the testimony of our top notch expert, Forensic Toxicologist Kenneth Mark. Mr. Mark testified that the Alameda County Sheriffs Department records indicated that the machine used to measure our client's blood alcohol content (BAC) was consistently reading high for the period of one month before, during and one month after the date that our client's blood alcohol content was measured. The Department of Motor Vehicles hearing officer conceded that there was no defense to our argument that the Department of Motor Vehicle's did not meet their burden of proving by a preponderance of the evidence that our client was driving with a .08 blood alcohol content or higher at the time she was observed driving.  Thus, the proposed suspension was set aside.  Similarly  the Alameda County District Attorney agreed not to file charges based upon a lack of evidence.

About the Author

Seth Chazin

Seth P. Chazin has aggressively defended clients in thousands of felony and misdemeanor cases for over 25 years. He has extensive experience representing criminal defendants in federal and state court, while handling both state and federal appeals as well.

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Seth P. Chazin is a San Francisco Bay Area Criminal Defense Lawyer with over 25 years experience.

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Seth P. Chazin is recognized by Super Lawyer. Super Lawyers® is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. This recognition is earned only by the top 5% of attorneys in the state. The selection process for Super Lawyers has many steps and includes independent research, peer nominations and peer evaluations. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis. To learn more about the selection process, click here.

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