Gold & Witham Case Accomplishments

The following is a very partial listing of court case results and DMV administrative action dispositions accomplished by Gold & Witham, Attorneys at Law, during the last ten years of our practice. With thousands of DUI arrests, injuries and fatalities occurring annually in California alone, the political lobby, Mothers Against Drunk Driving and their judicial agents the Courts and Prosecutors, act to punish the casual drinking driver in an extraordinarily severe fashion. Jail time for misdemeanor convictions, prison time for felony convictions are becoming increasingly the typical or “standard indicated” sentence being threatened and imposed to resolve DUI prosecutions.

The following list indicates the initials of the client (full name censored for confidentiality purposes), the Court and/or Department of Motor Vehicle Office in which the case was set, a brief description of blood-alcohol content (“BAC”), legal or factual “enhancements” (high blood-alcohol level above .15 BAC; high driving speed; property damage or personal injury accidents; other criminal charges; probation violation allegations) and the settlement accomplished at the Court and/or DMV Hearing.

Briefly, terms referenced in the following list are defined as follows. “DUI” or driving under the influence, drunk driving, is triggered by a certain level of physical impairment or an obtained blood-alcohol level at or above .08%. “Wet Reckless” is comparable to a blood-alcohol level of .06/.07%. “Dry Reckless” indicates no blood-alcohol involved (comparable to a .01/.02% BAC for a driver at/or over twenty-one years old). “Exhibition of Speed” is a misdemeanor rather than an infractionary Vehicle Code charge. “Set aside of license suspension” means the Department of Motor Vehicles administrative action to suspend the driver’s license has failed and the driver’s privilege to drive in California has been preserved. “Indicated Sentence”:  the Court or Prosecutor’s threatened settlement or sentence. “Plea”:  the client or defendant’s actual terms of conviction. “Refusal”:  the defendant’s alleged unwillingness to provide blood-alcohol evidence at the time of his DUI arrest. “Prior”:  a previous conviction of DUI within seven to ten years of a current DUI arrest or conviction. “Jail Time”:  incarceration in County Jail for twelve months or less. “Prison Time”:  incarceration in State Prison for twelve months or more.

RP. Irvine DMV. Accident. .20 breath. DMV set aside of license suspension.        

WR. Pomona Court. First DUI .08 breath test with excessive speed enhancement requiring sixty days county jail. Result: DUI dismissed, non-alcohol related Dry Reckless.

MW. El Segundo DMV. Metropolitan Court. .10 blood test. DMV set aside of Suspension. DUI dismissed. Plea:  No Contest, Exhibition of Speed.

SW. Pasadena Court. .08 breath. DUI dismissed. Plea:  No Contest, Exhibition of Speed.

RT. Harbor Court, Orange County. .11 breath test. DUI charges reduced to alcohol related reckless driving, Wet Reckless.

BO. .32 blood test with traffic collision. Indicated sentence:  20 days County Jail. Result:   Jail time avoided.

KN. Pasadena Court. Third offense DUI with refusal enhancement. Indicated sentence:  120 days county jail. Result:  Jail time avoided.

JC El Segundo DMV. Accident .16 breath test. DMV set aside of suspension.

SK. Metropolitan Court. Second offense DUI, accident, driving on suspended license, hit and run. Plea:  No Contest, Hit and Run. DUI and remaining charges dismissed.  Jail time avoided.

JP. El Segundo DMV. Traffic accident .17 breath test. DMV set aside of suspension.

TO. Inglewood DMV and Metropolitan Court. .26 BAC with traffic accident. Set aside of  suspension. Indicated Sentence:  30 days county jail. Jail time avoided.

MR .15 breath El Segundo DMV, Set aside of suspension.

SS. Harbor Court, Orange County and  Irvine DMV .09 breath. DMV set aside of suspension. DUI charges dismissed. Plea:  Wet Reckless.

LC. Second offense DUI in Santa Ana Court, Orange County with .22 BAC.  Irvine DMV set aside of suspension. Electronic home confinement. Jail time avoided.

WS. .09 Harbor Court and Irvine DMV. DMV set aside of suspension. DUI charges dismissed. Plea:  Wet Reckless.

DL. Glendale Court .23 accident with prior conviction. Jail time avoided.

BS. .11 breath test in Fullerton Court. DUI dismissed. Plea: Wet Reckless.

DS. Commerce DMV .10 BAC. DMV set aside of suspension. DUI dismissed. Plea:  Wet Reckless.

PB. Metropolitan Court. .18 BAC. DUI dismissed. Plea:  Wet Reckless.

DB. El Segundo DMV and Long Beach Court. .10 BAC. Set aside of suspension. DUI charges dismissed. Plea:  Wet Reckless.

TM. Ventura Court and Oxnard DMV .17 BAC.   Vehicular Manslaughter with great bodily injury  to victims. Set aside of suspension. 25 years State Prison indicated sentence. Result:  7 years State Prison.

RB. Harbor Court and Irvine DMV .12 Blood test. Excessive speed enhancement mandating 60 days county jail. Set aside of suspension. DUI charges and enhancement dismissed. Plea to Wet Reckless.

MC. Van Nuys DMV. Set aside of suspension.

NC. Beverly Hills Court. .14 BAC. Dui dismissed. Plea:  Wet Reckless.

AG. Pasadena Court and Commerce DMV. Refusal to submit to a chemical test. DUI charges dismissed. Plea to Wet Reckless. DMV set aside of suspension.

RG. Torrance Court and El Segundo DMV. .23 BAC. Accident. DMV set aside. DUI charges dismissed. Plea:  Wet Reckless.

RK. Pasadena Court. .16 BAC. DUI charges dismissed. Plea:  Wet Reckless. .

JS. Harbor Court and Irvine DMV. .09 BAC. DUI charges dismissed. Plea to wet reckless. DMV set aside of suspension.

TL. Long Beach Court and El Segundo DMV. .10 BAC. Set aside of suspension. DUI charges dismissed. Plea:  Dry Reckless.

BK. Newport Court. Felony DUI, assault with a deadly weapon and assault on a police officer. Indicated sentence:  16 month state prison. Result:  Prison and jail time avoided. Residential rehabilitation program.

BG. Torrance Court. .15 BAC. Accident. Indicated sentence, 30 days jail. Result:  Jail time avoided.

RR. Beverly Hills Court. Second offense DUI. .24 BAC.. Indicated sentence:  30 days jail. Result:  Jail time avoided.

EC. Pomona Court. Vehicular manslaughter. Felony DUI. Indicated sentence:  12 years state prison. Result:  8 months youth camp. Prison and jail time avoided.

DS. Torrance Court. Felony drug sales and conspiracy charges. Indicated sentence:  12 years state prison. Reduced to simple possession with Deferred Entry of Judgement. Case dismissed upon completion of DEJ Program. No Jail. 

JD. Fullerton Court. .14 BAC. DUI charges dismissed. Plea:  Wet Reckless.

TH. Ventura Court. Felony DUI  and felony possession of drugs charges. Persuaded DA to reject filing based on rehabilitation efforts. No conviction. No jail time.

WL. Torrance Court. .09 BAC. DUI charges dismissed. Plea:  Dry Reckless. No license suspension.

DE. Airport Court. Second offense DUI with refusal allegation and accident. No jail time.

LP. Pasadena Court. .08 BAC. DUI charge dismissed. Plea:  Dry Reckless. Judgment of Acquittal resulting in DMV set aside of suspension. 

JL. Long Beach Court. Second offense with refusal allegation. Indicated sentence:  120 days jail. Result: No jail time.

AF. Airport Court. Felony DUI with multiple priors. Indicated sentence, 3 years state prison. Result:  12 months electronic home confinement.

KK. Long Beach Court and El Segundo DMV. .11 BAC. DMV set aside of suspension. DUI charges dismissed. Plea:  Wet Reckless

EM. Torrance Court and El Segundo DMV .12 BAC. Set aside of suspension. Dismissal of DUI charges. Plea:  Wet Reckless.

NS. Compton Court and El Segundo DMV. DUI with refusal allegation and accident. DMV set aside of suspension and reduction of charges to Wet Reckless.

SA. DUI based on heroin. Indicated sentence 60 days county jail. Result:  No jail.  No DMV suspension.

MS. Rancho Cucamonga Court. .07 BAC. DUI dismissed . Reduced to an infraction:  failure to stop at stop sign. No suspension.

FM. Pasadena Court .10 BAC. DUI dismissed. Plea to Dry Reckless.

PC. Airport Court. Felony DUI with 16 months state prison indicated sentence. Charges reduced  to misdemeanor. No jail time.

SS. Vista Court, San Diego. Felony DUI based on accident with great bodily injury to victim. Indicated sentence:  five years state prison. Result:  ten days county jail with patient treatment program. Agreement to reduce to misdemeanor after one year.

PL. Metropolitan Court. DUI with 90mph speeding allegation. .08 BAC. DUI dismissed. Plea:  Exhibition of Speed.

CM. Metropolitan Court. .08 BAC. DUI reduced to Exhibition of Speed..

PB. Metropolitan Court. .09 BAC plus speed enhancement requiring 60 days county jail.. Charges reduced to Exhibition of Speed. No jail time. Set aside of suspension at El Segundo DMV.

LW. Harbor Court and Irvine DMV. .20 BAC. Second offense plus accident. DUI charges dismissed. Plea to Wet Reckless. DMV set aside of suspension.

MG. Torrance Court. .23 BAC. DUI dismissed. Plea:  Wet Reckless.

CA. Long Beach Court .14 BAC. DUI dismissed. Plea:  Wet Reckless.

TS. Compton Court and El Segundo DMV. .12 BAC. DMV set aside of suspension and reduction of charges to Wet Reckless.

CT. Fullerton Court. Second offense DUI with violation of probation on first offense. .11 BAC and accident. Result:  no county jail time.

DF. Downey Court. Second offense DUI reduced to Wet Reckless.

JA. Needles Court. DUI:  methamphetamine. 90 days indicated jail sentence. DUI dismissed with plea to Wet Reckless. No Jail.

TT. Pomona Court. .14 BAC. DUI charges reduced to Wet Reckless.

RK. El Segundo DMV and Torrance Court .12 BAC. DMV set aside of suspension and charge reduced to Wet Reckless.

DW. Van Nuys Court. DUI:  drugs. Accident. Health and Safety Code Charge of being under influence of drugs. Indicated sentence:  90 days county jail. Charges reduced to Wet Reckless. No Jail time.

JS. Harbor Court. Felony DUI with prior felony DUI alleged. Result:  Electronic Home Arrest. No jail.

DS. San Fernando Court. Van Nuys DMV .12 BAC. DMV suspension set aside and DUI charges reduced to Wet Reckless.

JL.  Long Beach Court. Fourth offense Felony DUI and violation of probation. Indicated 16 months sentence for DUI and 1 year for probation violation. Court accepted residential treatment program instead of prison and jail.

CH. Harbor Court. Felony DUI with prior conviction. Traffic accident with multiple victims and great bodily injuries alleged. Over one million dollars of restitution requested. Client facing over five years state prison. Result:  six months county jail and six months residential treatment.

JF. Inglewood Court. .09 BAC. DUI dismissed. Plea:  Dry Reckless.

IH. Metropolitan Court. BAC .08. Dismissal of DUI charges and plea to exhibition of speed. Set aside of DMV suspension at El Segundo DMV.

RB. Airport Court .16 BAC. DUI dismissed. Plea:  Wet Reckless.

MB. Torrance Court. El Segundo DMV. DUI with .14 BAC and accident. DUI charges dismissed. Plea to Wet Reckless. Set aside of DMV suspension.

MD. Long Beach Court. BAC .10. Reduction of charges to Wet Reckless and set aside of license suspension at DMV.

LP. Beverly Hills Court. BAC .10. DUI dismissed. Plea to Wet Reckless. DMV  suspension set aside.

JV. Second offense in Bellflower Court with .11 blood test. DMV suspension set aside and case dismissed at trial.

AC. Van Nuys Court. BAC of .16. Second offense with accident. Result:  no jail time.

AW. Laguna, Orange County. DUI with speed enhancement allegation of driving 127 mph. No jail. Speed enhancement dismissed.

SP .21 Blood test.  DMV set aside of suspension.

CC. Metropolitan Court. .12 PAS test. Speeding. .10 breath. Charges reduced to Wet Reckless. DMV suspension set aside.

SC. Van Nuys Court. DUI with drugs plus 11550 Health and Safety Code violation of being under the influence of drugs. Indicated sentence:  90 days in jail. Under the Influence charge dismissed. No jail.

ST. Glendale Court. DUI Felony  with accident. .17 BAC. Charges reduced to misdemeanor. No prison or jail time.

TS. Hollywood Court. Felony DUI. .11 BAC. Accident causing  great bodily injury. Indicated sentence:  16 months state prison. Reduced  to misdemeanor. No prison or jail time.

JP. Glendale Court. Second offense. .15 BAC. No jail time.

JS. Harbor Court. Second offense with refusal allegation. Three prior DUI convictions outside seven years. Indicated sentence:  one year county jail. Result:  30 days private jail with work furlough and six months residential treatment.

JP. Airport Court. BAC .14. DUI dismissed. Plea:  Wet Reckless.

BM. Newhall Court. DUI with BAC of .08 reduced to Dry Reckless.

PE. Harbor Court and Irvine DMV. BAC of .09. DMV set aside of suspension and reduction of DUI charges to Wet Reckless.

CL. Multiple DUIs based on drugs and alcohol. Felony possession of controlled substances, petty theft and multiple probation violations in Bellflower, Whittier, Downey and Norwalk Courts. Exposure:  five to ten years State Prison. No prison or jail time. Residential rehabilitation treatment program.

JA. Bellflower Court. DUI with .12 and 90mph high driving speed allegation. DMV set aside and charges reduced to Wet Reckless.

SM. Westminster Court. BAC .10. DUI reduced to Wet Reckless and DMV set aside of suspension at Irvine DMV.

NG. Long Beach Court. Second offense with .14 BAC. No jail time.

RO. Glendale Court. Felony DUI. 12-16 months state prison indicated sentence. Result:  no state prison, no jail time. Reduced  to misdemeanor.

AW. Barstow Court. Felony DUI with accident and injuries. .12 breath test. Reduced  to infraction with fine only.

SR. Metropolitan Court. .09 DUI reduced to Exhibition of Speed.

JB. Airport Court .10 DUI reduced to Exhibition of Speed.

EK. Airport Court. DUI refusal allegation. DUI and refusal enhancement dismissed. Plea:  Wet Reckless. DMV suspension set aside.

JS. Long Beach Court. Second Offense. .26 BAC and an accident. No jail time.

ML. Long Beach Court. DUI with accident and injuries reduced to wet reckless. DMV suspension set aside.

PT. Airport Court. .14 BAC. Third offense. No Jail time.

AB. Pasadena Court. DUI with .24 PAS test and refusal allegation. Charges reduced to Wet Reckless.

EA. Valencia Court. Second Offense DUI with accident and personal injuries. Reduced to Wet Reckless. Set aside of suspension at DMV.

JG. Glendale Court with .18 blood test. Second offense. Accident and hit and run. Indicated sentence:  1year county jail. Result:  No jail time.

AO. Metropolitan Court. .10 BAC reduced to Exhibition of Speed.

BB. Long Beach Court.  .09 BAC. DUI reduced to Dry Reckless.

EL. Pasadena .10 BAC. Reduced to Dry Reckless.

JL. Harbor Court. Third offense. Accident. .16 breath test. Violation of probation on second offense.. No jail time. Home arrest.

MB. Laguna Court, Orange County. Second DUI. Personal injuries caused in accident. Indicated sentence:  one year county jail. Result:  8 days county jail. SCRAM for one year.

SB. Westminster Court. Fourth offense felony DUI. .29 BAC with probation violation.  Indicated sentence:  16 months state prison plus one year for the probation violation. No Jail time. Residential treatment program

BK. Van Nuys Court. Third offense. Indicated sentence:  120 days jail. Settlement: 10 days jail. Indicated sentence felony probation violation under Execution of Sentence Suspended:  5 years state prison. No jail time.

CC. DUI with .09, reduced to Exhibition of Speed.

AG. Pomona Court. Third offense. No jail time.

PB. DUI in Federal Court, Los Angeles. .24 blood test with accident. Case dismissed.

JO. Pomona Court. BAC .08 DUI reduced to Wet Reckless. DMV suspension set aside.

CV. Harbor Court. BAC of  .09. DUI reduced to Wet Reckless. DMV suspension set aside.

BS. Third offense with probation violations. No Jail time. Home confinement.