DUI & Criminal Defense Attorney Jonathan Rooker prides himself on getting results
Fresno's Premiere DUI Defense Attoreny
DMV Refusal of chemical Test
April of 2017:
Jonathan recently helped a Fresno driver accused of regusing the chemical test following a DUI Arrest to avoid the mandatory 1 year suspension. Following the DMV Admin Per Se Hearing, the action against her license was set aside, meaning she avoided the suspension at the DMV, with full driving privileges restored.
Criminal Defense & DUI Defense Attorney Jonathan Rooker of shares the results of a criminal defense case. Client was accused of DUI. The PAS results read .135/.116 with a EPAS (Breath) result of .09/.11 BAC. The trial lasted Four days at the BF Sisk Civil Court in Fresno County. The Fresno Courts have been very congested with the flood of criminal cases that should have been resolved, but the current the "Tough on Crime" mantra should actually read "Tough on your wallet" with all the cases that are forced to trial by a lack of realistic plea agreements that serve the public interest. However, the current state of affairs in Fresno County don't allow that, so a civil court housed the trial. Not saying a resolution should have occurred in this case, just that cases need to be resolved around the specifics of each case.
The Prosecutions expert from the Department of Justice tried to introduce a partition Ration of 2300 to 1 and testified that the actual blood alcohol content was nearly 10% higher than the read out on the breath machine. After my cross examination, an citing Title 17, the "Expert" was brought back to court to rebut his own testimony, and admitted this was an error.
At the prosecutions request, a limiting instruction was given to the Jury that they must use Title 17 required 2100-1 ration of breath to blood.
The results was a hung jury. My client excelled on the Field Sobriety Tests, which furthered my argument that he was NOT over the legal limit at the time of driving, and not in violation of the laws of this fine state. It was a hard fought case.
The CHP Officer was very honest, and admitted he's human and errors can always occur. It is one of those cases where the Officer did his job right, the client was not guilty of DUI, and a member of the jury understood that science dictated the proper vote to be Not Guilty.
2015 Permanent Restraining Order Hearing: This was a highly contested hearing for which the acts alleged were from late 2013. A mother and son had long been estranged from each other, and a reconciliation attempt was made due to health concerns, age, and a dying family member. The results of the reconciliation were not good, and eventually all attempts were halted. My client left his mother's home, never again to see his dying grandmother, even avoided going to the funeral due to his feelings about his mother and several family members who had sided with her. Several family members also sided with my client. Even after removing himself, with no desire to ever see or speak to his mother again, living outside the county of her residence, and having never deserved to have this occur, he was served with a temporary restraining order, and had to fight to keep his rights, including the right to own a firearm which is necessary for his desired field of employment, from being taken from him. Jonathan was able to litigate the hearing, and however sad the circumstances, Justice was served with the temporary restraining order was dissolved, and the permanent restraining order was NOT ISSUED. My client can now return to his life, absent this hindrance. Winning made all the difference in my clients life.