Richard Wagner Attorney

First Admitted: 1998, California

Professional Webpage: https://www.criminaldefensestrikeforce.com/attorney-profile-...

Bar/Professional Activity:

California Attorneys for Criminal Justice, Member, 2024
National Association of Criminal Defense Lawyers, Member, 2024
The National Trial Lawyers Top 100 , 2024
National College of DUI Defense,Member, 2024
California DUI Lawyers Association, Member, 2024
American Bar Association, Member, 2024
California Public Defender's Association, Member, 2024
Orange County Bar Association, Member, 2024

Verdicts/Settlements (Case Results):

Client arrested by a Riverside County Sheriff's Deputy for DUI in Riverside County. Breath tests: .13% and .11%. Deputy confiscated the client's driver's license. I represented the client at her DMV Admin Per Se Hearing held on 8-23-21 and prevailed. Her court case was in the Riverside County, Hall of Justice. I filed a PC 1001.95 motion for judicial diversion. On 12-3-21, the court granted the motion for diversion. Client was placed on diversion for 24 months. During that period, several California courts of appeal ruled that PC 1001.95 diversion was not available for misdemeanor DUI defendants. However, my client successfully completed her diversion period and got her DUI dismissed and arrest record sealed in January 2024. , 2024
In an Administrative Per Se Hearing, the Department of Motor Vehicles intended to suspend the driving privileges of my client for one year based on his third DUI arrest within 10 years. An officer with the Anaheim PD reported that he found my client passed out behind the wheel of his car in the middle of the street. The officer testified that the client smelled like alcohol, had an unsteady gait, and slurred speech. The officer conducted one Field Sobriety Test the HGN, which the client did not perform successfully. The officer did not do anymore FSTs because of the client's intoxication level. He was arrested for a DUI and took a blood test. The result of the blood analysis was .34%. On 2-13-24 the DMV issued its Notification of Findings and Decision, setting aside (dismissing) the suspension. , 2024
Client arrested by Costa Mesa PD for DUI. Preliminary Alcohol Screening Test results: .12%/.12%, and blood test .12%. On 2-1-22 I filed a PC 1001.80 motion for military diversion. This motion was granted by the court on 2-24-22. The client successfully completed his diversion, his DUI case was dismissed on 11-30-23 and his arrest record was sealed. , 2023
Client got into an accident. Cops arrived. They said my client's eyes were red and watery and speech was slurred. When cops approached the client's car, they said they smelled the distinct odor of marijuana. Cops said the client was stumbling and swaying as he tried to walk. They took his pulse and had him do sobriety tests, which cops said he failed. Arrested and later charged with DUI drugs. VC 23152(f). Blood results came back with THC. Orange County Jury could not unanimously agree on verdict. Hung jury. Judge dismissed DUI. , 2020
Los Angeles County Superior Court, West Covina, Dept. 10, Judge Robert Serna, Opposing Counsel: Matthew Bunnet LA District Attorney. Client pulled over by CHP for driving at a high rate of speed. Cops said they had to swerve out of the way to avoid collision with client's car. Client also was observed lane straddling, braked erratically, and was slow to react to stopping vehicles and patrol lights. Cops smelled a strong odor of alcohol, saw bloodshot and watery eyes, and her speech was heavy and slurred. She failed the HGN, Walk and Turn, and One Leg Stand, and was arrested. The results of the breath tests were .19% and .19% The jury voted unanimously to acquit. Found Not Guilty at Jury Trial., 2019
Client spotted by CHP going 85 mph in 60 mile zone. Cops smelled strong odor of alcohol coming from the client's breath. He failed all 5 field sobriety tests and blew .09 percent into the preliminary alcohol screening test twice. Then went to the CHP in Temecula and blew into the breathalyzer and it read .08 twice. Riverside County Jury could not reach a verdict on either count VC 23152(a) or VC 23152(b). Hung jury. , 2019
In Long Beach, my client was charged with four counts: Ct1: Penal Code 246.3 negligent discharge of firearmCt2: PC 25400 - carrying a concealed weaponCt 3; LAMC 55.00 - firearm w/o permitCt 4 - PC 25850, carrying a loaded weapon in public After a four day jury trial, Count 3 was dismissed by the judge. On Counts 1, 2, and 4 the jury could not reach a unanimous decision. Hung jury. , 2019

Pro bono/Community Service:

I volunteered through the National Association of Criminal Defense Attorney’s Cannabis Justice Initiative. Pursuing relief for a client convicted of federal cannabis crimes by filing a pro bono clemency petition. , 2024

Educational Background:

Chapman University School of Law - Law Review, 1998
UC Santa Barbara, 1989

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