[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 on numerous prescription medications including methadone. Clients stopped for traffic infractions and officer claimed he noticed objective symptoms of intoxication. Medication was found in the car without prescriptions. After contacting detective and providing valid prescriptions, District Attorney eventually rejected the case.
Client is here on a student visa and got into a physical altercation with his girlfriend. Police arrested Client for domestic violence, a crime of moral turpitude that would result in the loss of his legal status if convicted. After negotiating with the prosecution, Client will be allowed to plead to a lesser offense that is not a crime of moral turpitude, and after 52 counseling sessions, he will be permitted to withdraw his plea, enter a not guilty plea, and the prosecutor will fully dismiss the case.
Client is in school completing prerequisite classes for a nursing program. Client also is not a US citizen and under the specific type of immigration status she has, a DUI conviction was out of the question. She would lose her legal status and her entire future in this country would be jeopardized. Client blew a .19 BAC on the preliminary alcohol screening device and refused to provide a chemical test. After setting case for trial, and providing a substantial amount of evidence to show the collateral consequences Client would suffer if convicted, the District Attorney agreed to reduce the charge to a wet reckless which will not result in her deportation or revocation of her Visa.
Client blew a .11 BAC and was looking at up to a 4 month suspension of her driving privileges. It was discovered that the wrong officer signed the DS367 Officer’s Statement and swore under penalty of perjury that all of the information in the statement was true. Well, the officer that affixed his signature, was not the officer who initially detained my client or arrested my client. Since the DMV did not subpoena the officer to the hearing, a set aside was granted.
Client had felony drug conviction and never completed his probation requirements. Warrant was outstanding for about 3 years. Client left the state but got clean and was on the right path. Court allowed counsel to appear without client. After filing motion and presenting documentation of client's rehabilitation, Judge terminated probation and agreed to dismiss the case pursuant to Penal Code 1203.4.
About two years ago, client was a young student with a bright future, but sadly she used terrible judgment one night. She was at a club with a friend and while there, client stole two wallets and a purse from three different women. She also had a fake driver license in her possession. The amount of the theft exceeded $950 but was luckily filed as a misdemeanor. She was charged with several counts of petty theft and for possessing a fake I.D. After lengthy negotiations with the prosecutor, and after providing a lot of good character evidence, he agreed to offer diversion, where she could earn a dismissal if she completes community service and counseling. (This offer was made prior to the new Prop 47 law which allows judges to offer diversion in most first offense theft cases.) Two years later (now it is August 2015), I presented proof of completion of client's terms and her plea was withdrawn and the charges dismissed. Now client can move forward with her life without a conviction on her record.
Client crashed car into a street sign, causing it to fall over and come out of the ground. Client left the scene but evidence allowed a detective to identify Client as the driver. After presenting evidence in mitigation and demonstrating Client suffered from health issues, Charge was dismissed after Client's insurance paid the city for the cost of fixing the sign.
This was a wonderful but unexpected win for this client. At first glance, everything looked in order. Breath machine was properly calibrated, reading accurately, officer had reasonable cause to pull client over, and her BAC was above a .08. After careful review however, I noticed that the arresting officer who filled out the DS367, and who appeared to have signed it under penalty of perjury, had written an incorrect badge number in one spot. That badge number, while only one digit different from the correct number, matched the badge number of the officer's partner. Everything then unraveled and the DMV failed to subpoena to officer to correct this defect. Suspension was set aside. In court, the case was reduced to a wet reckless.