Tim’s Success Story

Tim was accused of a 2nd time dui with a breath reading of .11. The CHP believed Tim failed all of the field sobriety test. At a jury trial the expert for the government stated that they believed Tim drank 14 beers. Here is the problem, it took the officers 4 hours to process Tim through the system and NOT once did Tim ask to use the restroom. How does a person drink 14 beers and not have to urinate? I also proved that that breath machine was not working as designed.

Here is what Tim wrote about our law firm:

When I received mu DUI I reached out to another lawyer I knew and he referred me to Patrick Silva based on his experience and reputation in the legal community. I believed I had a case and after reviewing the details Mr. Silva felt strongly in supporting me as well. My case was dismissed after going to trial. It was a very stressful situation for me and Patrick went above my expectations throughout the entire process. I found Mr. Silva to be very ethical, honest, and professional. The trial process was tedious at times and Mr. Silva is extremely confident and knowledgeable which made me very relieved to watch him work on my behalf. The Judge, court room staff, and even the DA all showed great respect for him. To the jury he came across as an advocate for justice. Mr. Silva never made me feel like my case wasn’t important. He was very responsive to my calls and kept me informed. I believe many attorneys will take your money, give you some weak advice, and get ready to move onto the next case, but Mr. Silva was extremely thorough and worked on the many details of my case until the very end. I was definitely happy he was on my side watching him work in the court room. I highly recommend Patrick Silva to anyone looking for an attorney and, although I don’t plan on ever needing his services again, he would be my first call without hesitation. He’s a worker and a fighter and has my respect for what he has done to help me and my family.

David’s Success Story

I met David when I was a young 20-something adult and I had bought a brand new airless sprayer from Home Depot. My buddy, Mark, David’s dad, was living in an older home and he said, “hey, come test out that sprayer over there, we’ll have a bar-b-que and drink some beers.” So I took my airless sprayer over there, and we ended up spraying that 1,100 square foot house in one day and it looked brand new. David was only four years old at the time. Almost 30 years later, I get a call from David, and he says, “I need help with a DUI.” I have not heard from David in almost 30 years, so it was kind of a surprise to hear from this young man that I last knew as a young child……

David told me that he was arrested for a DUI, and he did not think it looked good. He said that he was blowing off some steam and he had went to the local bar. I called the DMV to schedule an appointment to fight the license suspension, I received the police report about a month later. When I read the report I thought, boy, this does not look good, the cop wrote in the report that David was swerving over the left double yellow line three full times, and he went over the right white line twice before he pulled him over. David was arrested by California Highway Patrol which has a dash camera system, I subpoenaed the dash camera, and upon reviewing the video, there was some huge surprises. The video disclosed that it looked nothing like the police report that the cop wrote. Remember, the cop wrote that David went over the double yellow line three times and over the white line on the right twice.

This is what the video disclosed. David stopped at a red light, there’s a car behind him, the cop rolls up and he stops, they sit there another 10 seconds. As the light turns green, David proceeds straight. As he proceeds straight, the road dog legs to the right at about 15 degrees, David went straight, and as he got to the yellow line, he adjusted to the right, and continued driving in the middle of the lane. David’s wheels maybe got within two to three inches of the yellow line, but it never went over the yellow line three complete times like the officer wrote in his report. As I watched the video, it also disclosed that David did not go over the right white line even once. Based on the video, David drove completely perfect. He did not speed, did not swerve, and he definitely did not go over the lines as the officer described.

We held the DMV hearing, and I subpoenaed the officer to appear. When he appeared, he testified, and he said exactly what his report said, he said David went over the line three complete lines, his wheel was all the way over the double yellow line on the left, and that he went over the right white line two complete times. When I showed the officer the video, he stated, “oh, the videos can be wrong sometimes. That’s not what I saw that night”, I’ll give credit to that officer, as the country song goes, “that’s my story and I’m sticking to it”. Needless to say, I won the DMV and I saved David’s license. I did not mention that this was David’s third DUI, and his blood alcohol level was 0.17. A loss at the DMV would have required a suspension for a minimum of one year.

We went to court on his case, and I filed what’s called a motion to suppress under penal code 1538.5. Upon filing the motion, I came to court ready with a laptop, a DVD, and I was able to get a seasoned District Attorney who recognized the problem that the officer would have if he was going to take the stand and testify about what he allegedly saw. The DUI was dismissed, and ultimately, this saved David’s job and his license.