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Brian Vincent Manchester

Brian Manchester’s Legal Cases

27 total

  • DUI Accident

    Practice Area:
    DUI & DWI
    Outcome:
    All Charges Dismissed
    Description:
    Defendant was involved in a car accident when he drove under the trailer of a commercial vehicle. Defendant was very badly hurt. He was given a blood test after he was air-lifted to a local hospital. The blood registered a high BAC. Defendant was later charged with two counts of DUI. The first count was incapable of safe driving and the second count was having a BAC greater than .16. Because I was familiar with the medical records that come from the hospital in trauma situations I knew that the hospital does not note who drew the blood. This knowledge became invaluable when at the preliminary hearing I kept out the blood test results because the Commonwealth lacked the foundation to get them in. The BAC charge was dismissed and the incapable of safe driving charge was bound over for court. A motion to dismiss the incapable of safe driving charge was filed, argued, and that charge was dismissed as well resulting in all charges against the Defendant to be dropped. My knowledge of hospital procedures, hospital records, and the law are what led to the charges being dismissed against my client without him haveing to go through the expense and torment of a trial.
  • DUI

    Practice Area:
    DUI & DWI
    Date:
    Apr 04, 2011
    Outcome:
    DUI dismissed and settled for a traffic ticket and 25 fine.
    Description:
    Defendant was arrested in a store parking lot and charged with DUI after a store clerk called the police to report a man passed out in a truck parked on their lot. The defendant's BAC was .22 and he was facing a maximum sentence of five years in jail for his second offense. The only way to prove he drove the truck to the store that was surrounded by bars was a surveilance tape from the store. The police claimed that had a tape to prove the defendant drove there as opposed to walking to his vehicle from the bar. The police failed to produce this alleged tape and I filed a motion to preclude its admission at trial. Prior to the trial beginning the DA agreed to dismiss the DUI charges and settle the case for a traffic ticket with a 25 fine. This is an example of never giving up and listing cases for trial.
  • Second Offense DUI withdrawn at preliminary hearing.

    Practice Area:
    DUI & DWI
    Date:
    Aug 31, 2011
    Outcome:
    Case dismissed at preliminary hearing
    Description:
    Woman was facing her second DUI offense based on alcohol and drugs. Her BAC was alleged to have been .27 and the Commonwealth stated she had marijuana in her system. I took the time to get her medical records and they showed the test used for the drugs wwas not an approved test and the records showed that the Commonwealth could not prove who drew my clients blood and who tested it. After showing the prosecutor those facts the charges were withdrawn and my client no longer is facing 90 days minimum to a maximum of five years in jail.
  • DUI

    Practice Area:
    DUI & DWI
    Date:
    Apr 06, 2012
    Outcome:
    DUI charge dismissd
    Description:
    Set case for trial. Exposed problems with blood test. DUI dismissed for a plea to summary public drunk and traffic offense. No license loss at all. No jail. No increased insurance.
  • DUI

    Practice Area:
    DUI & DWI
    Date:
    Apr 16, 2012
    Outcome:
    Complete not guilty
    Description:
    Client was charged with having a BAC of .214 and driving while impaired. At the close of the Commonwealth's case the judge granted my motion for acquittal of the BAC charge and then the jury found my client not guilty of the driving while impaired charge.
  • Robbery and Assault

    Practice Area:
    Criminal Defense
    Date:
    May 02, 2012
    Outcome:
    Charges dismissed at preliminary hearing
    Description:
    Defendant charged with robbery and assault. Defendant facing four to five years minimum and twenty years maximum in state prison on robbery charge alone. Charges were dismissed at the preliminary hearing.
  • DUI

    Practice Area:
    DUI & DWI
    Date:
    May 03, 2012
    Outcome:
    BAC based charge was withdrawn
    Description:
    Defendant charged with impaired driving and a blood alcohol over .16. Clients blood alcohol content was tested as .317. Through use of an expert we showed the DA that the blood sample had fermented before testing so the blood test was no good. On verge of trial DA dismissed the blood alcohol charge and defendant avoided doing a minimum of 90 days in jail.
  • DUI

    Practice Area:
    DUI & DWI
    Date:
    May 01, 2012
    Outcome:
    Charges reduced
    Description:
    Defendant charged with impaired driving and a BAC greater than .16. Defendants blood was tested at over .21. On verge of trial DA agreed to a plea in the middle tier saving 60 days minimum and four and a half years on the maximum.
  • Marijuana based DUI victory

    Practice Area:
    DUI & DWI
    Date:
    May 16, 2012
    Outcome:
    Multiple charges withdrawn prior to and after trial
    Description:
    Defendant charged with DUI based on marijuana in system and impairment by marijuana in addition to possession of marijuana and drug paraphernalia. Prior to trial the prosecution withdraws the impairment by marijuana DUI charge. Morning of trial prosecution drops possession of marijuana charge. Defendant found guilty of DUI based on marijuana in system and drug paraphernalia. During appeal trial court reverses his position on guilt and informs appeals court that he would have found Defendant not guilty based on insufficient evidence. Prosecution withdraws remaining DUI charge and Defendant is only facing one year probation on paraphernalia charge. Defendant's sentence of 90 days to five years and 18 months of license loss will be vacated.
  • Vehicular Homicide

    Practice Area:
    Criminal Defense
    Date:
    Jul 30, 2012
    Outcome:
    Probation
    Description:
    Client charged with vehicular homicide, reckless driving, reckless endangerment, and involuntary manslaughter. It was claimed he was driving almost 40 mph over the speed limit. On the morning of trial client pled to vehicular homicide and received probation.