- San Diego County Charge: Out of county resident charged with felony assault and battery involving multiple victims and great bodily and serious injuries Result: Verdict, Not Guilty on All 7 counts of Assault and Battery with Great Bodily Injury and Multiple Strikes.San Diego County Charge: 69 year old man driving under the influence of methamphetamine onto oncoming traffic Result: Hung Jury and District Attorney Dismissed DUI San Diego County Charge: Mother of two evading police in hit and run charge with serious bodily injury Result: District Attorney Dismissed after Successful Line-Up Motion San Diego County Charge: Juvenile charged with running over her ex boyfriend at high school Result: Court Dismissed case after Argument Made In Mitigation San Diego County Charge: Spouse arrested for domestic violence after 911 calls and pictures of serious bodily injury Result: District Attorney Dismissed at Trial San Diego County Charge: Military member arrested for assault and battery Result: Court Dismissed after successful argument for Military Diversion San Diego Federal Charge: 19-year-old student charged with Alien Smuggling Result: Case Dismissed after negotiations with US AttorneySan Diego County Charge: Out of county resident charged with felony assault and battery involving multiple victims and great bodily and serious injuries Result: Verdict, Not Guilty on All 7 counts of Assault and Battery with Great Bodily Injury and Multiple Strikes.San Diego County Charge: 69 year old man driving under the influence of methamphetamine onto oncoming traffic Result: Hung Jury and District Attorney Dismissed DUI San Diego County Charge: Mother of two evading police in hit and run charge with serious bodily injury Result: District Attorney Dismissed after Successful Line-Up Motion San Diego County Charge: Juvenile charged with running over her ex boyfriend at high school Result: Court Dismissed case after Argument Made In Mitigation San Diego County Charge: Spouse arrested for domestic violence after 911 calls and pictures of serious bodily injury Result: District Attorney Dismissed at Trial San Diego County Charge: Military member arrested for assault and battery Result: Court Dismissed after successful argument for Military Diversion San Diego Federal Charge: 19-year-old student charged with Alien Smuggling Result: Case Dismissed after negotiations with US Attorney
Monder Law Group - News
What Is Assault and Battery on a Peace Officer?
The difference between assault and battery involving a peace officer, or with anyone for that matter, is important to recognize. In California, assault is the serious intention to physically harm someone. You don’t necessarily need to do any actual physical harm: a serious threat or missed punch, kick, shove,...
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Are You Allowed to Refuse An Alcohol Prescreening Test In a DUI Case?
Yes. The law that allows this is Vehicle Code 23612(i) and the Constitution. The Fourth Amendment states” “The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause,...
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Can I Reject a BAC Test?
Pursuant to implied consent to search per V.C. §23612, the police have the right to search a person’s body for evidence of blood alcohol content after a lawful arrest for DUI and could even lawfully forcibly extract a blood test from an arrestee without consent (assuming probable cause and done...
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Can My Silence Actually Be Used Against Me In A Criminal Trial?
No. But you have to make sure it isn’t! Take this common scenario at trial: The prosecutor cross-examines the defendant about his failure to mention the alibi previously, and argues such a failure in closing argument. The court held the cross-examination and argument are improper because using post-arrest silence against...
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Blood Test or Breath Test: Do I Have A Choice In A DUI Arrest?
Yes. You have a choice, per Vehicle Code §23612: a person has the choice of whether the test shall be of his blood or breath and the officer shall advise the person that he or she has that choice. And if not provided that choice than the defendant can argue...
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DUI – Hearsay
What is admissible or not in your DUI Trial What Is Hearsay? Hearsay is an out of court statement, any statement—written or oral, offered for the truth of what is written or said. And this is critical to DUI cases because prescreening tests are usually printed out, and the print...
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DUI – Due Process
Do You Waive Your Due Process Rights, If You Do An Alcohol Prescreening Test? Short Answer: No. You have the right to determine which test determines your blood alcohol content, and, if the chemical test chosen was breath, to have the Due Process right to obtain a back-up test of...
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DUI – Limited Consent
Limited Consent Defining Consent: Consent is an act of reason and deliberation. A person who possesses and exercises sufficient mental capacity to make an intelligent decision demonstrates consent by performing an act recommended by another. Consent assumes a physical power to act and a reflective, determined, and unencumbered exertion of...
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DUI – No Foundation
No Foundation For preliminary blood alcohol screenings to be admitted as evidence for DUI charges, the prosecution must first “lay foundation.” This means that the prosecution must authenticate the test results, the test administrator, the credentials, etc. This rule is known as the Adams rule, based from a 1976 California...
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DUI – Statutes
The principle statute for drunk driving in California is Vehicle Code §23152— (a),(b). These two subdivisions are applicable to cases where the drinking and driving incident does not result in injuries. Vehicle Code §23153—(a), (b)—covers the situations where injuries result. A statutory presumption is also set forth dealing with these...
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