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.
Client was an out of state rental car company owner and made the mistake of personally trying to repossess his business’s vehicle from a dead beat lessee. When Client learned his unreturned car was in California, he drove to the residential address and tried to reclaim it. A driver and passenger were in the rental about to leave the residence, when Client blocked their way in order to repossess his property. After an argument ensued and the driver and passenger would not get out of the vehicle, Client called police. The victims fled the scene and were gone when police arrived. However, a witness told police that he saw Client brandish or hold the gun and insert a magazine into it. When cops arrived, the gun was empty and the magazine was next to, but not inside, the gun. However, the loaded magazine was in close proximity to the gun, which is an illegal way of transporting a firearm in California. After negotiations, and convincing the prosecution that they had evidentiary issues and that there were strong mitigating facts and collateral consequences to any gun related conviction, the prosecution agreed to dismiss the charge and allow Client to plead to an infraction under PC 415(2) for disturbing the peace, to wit: disturbing others with a “loud and unreasonable noise.” Penal Code section 415(2) is the preferable subsection when resolving a case for disturbing the peace, because it applies to factual scenarios such as when a neighbor has a loud party after hours, or a person creates a loud noise. Section (1) of Penal Code 415 applies to fighting in public, which looks much worse on a person’s criminal record.
This case is an example of how important it is for an attorney to obtain all the evidence and to review it with a fine-toothed comb. The MVARS (dash-cam video and audio) of the entire interaction between the arresting officer and Client was obtain and transcribed. The Officer claimed he properly admonished Client regarding the consequences of a refusal in accordance with VC 23612, but this turned out to be a lie. After client was taken to jail, the dashcam recording was still on. The door to the small jail was very close in distance to where the police vehicle was parked, Therefore, the dashcam recorded the voices of the officer and Client as he was telling client to blow into the breath machine. After Client failed to provide a sufficient breath sample, the officer never gave her the option of a blood test, nor did he read or recite to her the refusal admonition and offer her a test after the warning, as required under section 23612 of the California Vehicle Code. When asked what her reading was, the officer rudely replied “You will find out in court.” He never even informed her that she was being cited for a refusal DUI! The DMV hearing officer did the right thing and set aside the suspension. Client was a medical professional and losing her driver’s license would have been devastating. But the court case was still looming.
While it is not always wise to show one’s entire hand to a prosecutor in case the matter proceeds to trial, in some cases it results in the prosecutor doing the right thing and dismissing the case. In addition to the evidentiary issues and credibility issues of the officer, as well as having no BAC, it was discovered that the officer stated something that was completely inappropriate. The Client was humiliated and ashamed about one of the questions the arresting officer asked during the pre-Field Sobriety questions. The question was sexual in nature and completely not relevant to the situation. This fact also had a big influence on the case.
After the criminal charges were dismissed and the APS (DMV) suspension set aside, Client was able to go on with her career without the devastating effect a DUI conviction or suspension would cause.
In this case Client was intoxicated and in possession of alcoholic beverages at a concert. After meeting with prosecution, it was agreed the case would be dismissed in 6 months after a few days of community service was completed.
Typically, in these kinds of cases, a diversionary offer which results in a full dismissal, can be worked out with a reasonable prosecutor. The facts of the case and a client’s prior criminal record, as well at the attorney’s rapport with the prosecutor, will impact whether informal diversion is possible.
Client charged with first offense DUI with preliminary breath test (“PAS”) results of .13/.11 BAC, and a subsequent blood test result of .10/.10 BAC. The issue was that the arresting officer had no reasonable suspicion to pull client over. All evidence was subpoenaed and carefully analyzed. Luckily, there was a dashcam video that showed the truth. Officer was subpoenaed to testify at the DMV hearing, at which time he was impeached with the video. The DMV hearing officer set aside the suspension on the spot, which is highly unusual. In court, a motion to suppress evidence under PC section 1538.5 had been filed and a hearing was set. To the District Attorney’s credit, after reviewing the officer’s DMV testimony and the video, she agreed to fully dismiss the case. Client avoided any conviction on his record and he did not have to suffer through any suspension of his driving privileges.
Client is facing a DUI involving a traffic collision with a .09/.10 Preliminary Alcohol Screening test (PAS) and a .08/.08 Breath test. After presenting expert toxicologist’s testimony and credible testimony from client regarding his drinking pattern, the DMV hearing officer issued a set aside of the suspension. Since client is a real estate agent, a suspension would be devastating. The Court case is still pending but whether case proceeds to trial or is resolved with a reduction of the charge, the DMV set aside means client will not have to experience any mandatory minimum license suspension.
Client was arrested for a DUI in Pasadena, California and a breath test and preliminary test showed a BAC of .09 percent with a .08/.09 about an hour later. She was required to drive far distances every day for work and school and a license suspension or DUI conviction would have resulted in the loss of her job. After presenting a toxicologist’s testimony, evidence of a credible drinking pattern, and revealing accuracy records for the breath test demonstrated the readings were about %5 high, the DMV set aside the suspension. In court, we were prepared to go to trial but client was happy to accept an offer of exhibition of speed which is a non alcohol related traffic offense with no suspension, no class and no ignition interlock device required. Client’s court fines were also dropped from $1850 down to about $625. This was a huge win and client's job and career was saved.
Client charged and held to answer at preliminary hearing for committing an arson of a vehicle as an aider and abetter. After nearly 2 years of negotiating, client was finally offered what he deserved--a misdemeanor. Client was able to keep his job and will not lose his pension.
Client was arrested for a DUI with a blood alcohol level of a .11 percent. Client was primarily concerned with an immigration issue and the effect an IID would have on his job. Ultimately, the DA agreed to reduce the charge to a wet reckless with a $100 fine. He did not have to install an ignition interlock device, did not have to suffer a court suspension on his license and his total court fines were reduced by about 75 percent.
Client had a .08 blood alcohol level after she was pulled over for stopping over the limit line at a traffic light. After presenting evidence and testimony at the DMV, we got a disappointing notice stating the suspension was issued. The hearing officer flat-out ignored the evidence we presented and the indisputable facts, and issued a ruling that appeared to be an abuse of discretion. However, that suspension was lifted and a set aside was promptly issued after securing a NOT GUILTY verdict in court by convincing the prosecutor that not only is there insufficient evidence of a DUI, but the evidence tends to show the accused was under a .08 BAC at the time of driving. Client was spared the financial expense of a typical jury trial since we were able to secure the verdict through a quick court trial. This process reversed the suspension issued by the DMV and the client does not have a DUI on her record, does not have to do a DUI class or install an interlock device in her vehicle.
Have You or a Loved One Been Charged of a Crime? Contact Ann For a Free Consultation.
Call now