DMV Set Aside - DUI with great bodily injury.

 

Mr. Huish's client was involved in a serious accident which left the other party paralyzed.  The DMV had argued that the blood alcohol level at the time of driving was over a .08.  In fact they had suggested the blood alcohol content was a .21. After a lengthy cross examination of the criminalist Mr. Huish demonstrated that the actual blood alcohol level was below a .06 at which time the matter was set aside by the DMV and all driving privileges were reinstated.

 

​Dismissal -  Second Time DUI with .20 BA level.

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Mr. Huish's client was a Mission Viejo man who was arrested in Laguna Beach for being under the influence with a blood alcohol level of .20.  The client had been convicted of a previous DUI three years earlier.  The District Attorneys Office had asked for a minimum 90 day sentence.  Mr. Huish filed a Motion to Suppress the evidence of the stop under Penal Code Section 1538.5.  The hearing lasted a full day as the officer's story was challenged on multiple levels.  Primarily the issue was that the Laguna Beach Police routinely stopped people without probably cause but merely on a "hunch."  The Court ruled in favor of Mr. Huish's client and the case was dismissed.



 

Dismissal -  First Time DUI with a BA Level of .15



Mr. Huish's client was an Orange County Executive with over 200 employees working directly under his leadership.  Late night after having dinner with a client, the gentleman was pulled over by the Irvine Police Department for failure to use his turn signal.   The client cooperated with the officer and was taken to the Police Station where his Blood Alcohol level was found to be a .15.    Mr. Huish obtained the video of the stop and in fact the client had failed to use his signal in making several lane changes.



The law however, requires that not only does one fail to use their turn signal but that it also effects traffic.  On cross examination Mr. Huish clearly established that the clients movement effected no one and the Court agreed.  The case was dismissed and thrown out of court for a lack of probable cause. Mr. Huish's client suffered no adverse trouble with his drivers license or criminal record.

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No Jail  - Fountain Valley third and fourth time DUI



Mr. Huish's client was arrested for his third time DUI and two weeks later for his fourth DUI in Fountain Valley.   There was no issues as to the liability of the clients actions and he in fact sought to take responsibility for his drinking issues.  At his Court appearance without Mr. Huish the Court appointed attorney had told him he was going to serve 18 months in State Prison.  The Client was upset and began feeling depressed and the family was concerned he would drink and drive again or perhaps worse.  

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The clients father called his attorney who recommended Mr. Huish.  After a full evaluation for substance and mental issues Mr. Huish obtained the correct treatment program for the client.  Now as the attorney of record, Mr. Huish was able to demonstrate the issues the client was facing to the Judge.  The client was allowed to stay in the treatment program in lieu of any jail time. More importantly, the client was able to obtain much needed assistance with both his drinking issues.  After a season of recovery he returned to his sales job and his family.

 





Life sentence avoided - DUI with multiple deaths



Mr. Huish's client was a young man accused of killing two people in an accident which occurred while the client was driving with a .20 BA. At the beginning of the case the DA sought for a life sentence on Second Degree Murder Charges.  Mr. Huish was able to demonstrate to the DA pre-filing that the "Watson" type murder charge would not prevail at trial and the DA lowered the charges to DUI with two death and great bodily injury to two others.  The client was still facing 25 years in prison.  

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For months the case was litigated in front of hundreds of on lookers who rightfully had a great interested in the case. The case additionally received a great deal of media attention due to it's serious nature.  After much discussion the Court took final arguments from both sides.  In a dramatic turn of events  and after an emotional plea from Mr. Huish, the Court agreed with the request for a reduced and compassionate sentence. The client would be out and home in less than six years.    





Charges dropped in DUI refusal case



Mr. Huish's client had been arrested while sitting next to his car waiting for a tow truck.  The officer claimed the client had been driving and took him to the station even though the client had explained that he was not the driver but was just waiting for the tow truck.  The actual driver had walked off the freeway to make a call (neither had a working cell phone).  The client was rightfully upset at being arrested and refused to give a blood or breath test.  The problem is that a refusal carries a full one year DMV suspension plus the potential of a criminal conviction. 



After months of extensive discovery, investigation and hearings the DMV set aside the suspension and their case was dropped.  The District Attorney's Office was a bit harder to convince.  A full presentation of evidence and testimony ultimately convinced the DA to dismiss the charges right before a full jury trial.  The client was able to return back to work with her license fully reinstated and no record of any type of conviction.





DMV Suspensions set aside



Mr. Huish is a veteran of more than 200 DMV hearings over the last twenty years.  During many of those hearings he has demonstrated, a lack of probable cause, technical errors and lower blood alcohol levels than required. His litigation skills have resulting in a large number of "Set Asides" which persevered the driving privileges of his clients.  



But not all DMV hearings can be won and it is unfair to suggest otherwise.  However, Mr. Huish has artfully found ways to minimize the potential problems to the clients driving privileges which have allowed the client to suffer the least amount of trouble as possible.  It is critical for a DUI Defense Attorney to not only win whenever remotely possible, but also know how to creatively minimize the problems in those cases when the DUI has actually occurred and the client wishes to take responsibility for their actions.