Patrick J. Silva Professional law Corporation


Mrs. M Success Story

Mrs. M was charged with a .17 BAC after she had submitted to a blood test. Mrs. M had been out with her girlfriends and she had stopped at a convenience store and someone called and said that these people may be drinking and driving. Well under the law, Harvey-Madden that person who called 911 would have to come in to court to testify in order to get around the hearsay rule. I file what’s called a motion to suppress under penal code 1538.5 and with all Harvey-Madden motions there is a 50 percent chance if the person will or will not show up. How ever in this case something very unusual happened. There was a challenge under a case called Birchfield because the officer did not document in his report that he gave my client a choice between a blood or breathe under vehicle code 23612 which would require the officer to come in and testify. What happen in this case. We found out the officer was fired. When the officer was fired that changed the ball game. We ended up getting her DUI dismissed.