[Please note: For confidentiality reasons, specific details of the cases must be omitted to protect the identity of the Clients. While attorney Ann Gottesman is dedicated to achieving the best possible results for her clients, there is no guarantee that your case will result in a dismissal, charge reduction, DMV set-aside, acquittal, probation or no incarceration. The facts of each case are different, and while Ann Gottesman has resolved many cases successfully, no attorney can guarantee a result in a particular case. Call Ann for a free consultation to discuss the facts of your unique case.]
In a court where DV cases are prosecuted heavily and often have to go to trial, justice won out in this case without Client having to pay attorney fees for trial. Client accused of committing an unseamly violent act against his girlfriend. Months of investigation revealed evidence that contradicted much of what victim claimed, and showed that Client acted reasonably in the face of an emotionally disturbed, angry, violent and vengeful woman. Initially, District Attorney was too busy to look and consider the evidence which was presented to show the "real" story. After the setting of a trial date, DA finally took a hard look at the phone records, prior incident report, and video of alleged victim vandalizing Client's property. After several discussions, District Attorney ultimately agreed to dismiss all charges, in exchange for Client taking 26 anger management classes. This agreement is called an "informal" diversion where Client does not have to plead guilty. Rather, case is simply dismissed after counseling sessions are completed.
Client and his wife got into a fight and wife called police. Wife had some minor injuries but wife was the initial aggressor and she caused bruises on Client. Officer still arrested client, despite the fact that it was her word against client's word and client had bruising to corroborate his story. After investigation was complete, District Attorney rejected the case and no charges filed.
This was a huge win for a client facing a second DUI suspension. Cop was subpoenaed and cross examined at the APS hearing. The high blood level, accident and impairment could not be disputed but there was not a valid arrest. DMV hearing officer set aside the suspension because the blood test did not follow a lawful arrest. This case is an example of why it’s so important to subpoena and cross examine the police officer in specific DUI cases. Officer testified that client was injured, so paramedics immediately transported him to the hospital. Blood was taken at the hospital. The officer testified that he never arrested the client. This technicality was fatal to the DMV’s case. Court case is pending but winning at the DMV and having a transcript of the officer’s sworn testimony will likely help to obtain a better resolution in court.
Client was a commercial driver. After being pulled over for weaving he was alleged to have a BAC of a .08 and .09 about 30 minutes after driving. We had a toxicologist testify at the DMV hearing (APS hearing). Evidence was presented to show client was in the absorption phase at the time of driving and the test, and therefore, his BAC was likely below a .08 at the time of the traffic stop. After several DMV hearing dates and court appearances, DMV set aside the suspension (one year suspension on client’s commercial license!) and the city prosecutor agreed to dismiss the DUI and allow client to plead to a charge for exhibition of speed. (Client did not want to go to trial due to the offer.) Client was able to keep his commercial license and his job, and suffered no suspension on his driving privileges.
Client charged with drunk in public. Client is a professional who argued with the officer when he was stopped without reasonable suspicion. He could not afford to have anything on his record due to his job and professional license. Case was set for trial and dismissed on day of trial.
Client charged with a second DUI and driving with a .12 blood alcohol level. Resolved for a wet reckless with 9 month class and no jail after case was set for a motion to suppress the evidence.
Client answered a Craigslist ad to buy methamphetamine. Client appeared with drugs and was arrested and charged with felony possession for sale. After long negotiations with the DA, client, who lives out of county and had medical issues, was allowed to complete an out-patient drug program in his home county in exchange for a full dismissal. This will save his career.
Client, a truck driver was accused by a 911 caller of driving drunk. He was stopped by a patrol officer and his vehicle searched. Officer never observed any bad driving or any vehicle code violations. Methamphetamine was found and client was charged with possession. Judge granted my motion to suppress the evidence due to their being a lack of reasonable suspicion to stop client because anonymous 911 caller did not provide sufficient details for an officer to independently determine if the driving was indicative of DUI.