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People v. Victor Bernie Ross

Practice Area: DUI & DWI

Outcome: Hung Jury

Description: May 29 – May 31st 2007. Three day trial before Judge David Rosenberg, Dept. 7 Yolo County. The D.A. Cousin’s was pretty green and the son of a Placer County Judge. He was pretty nervous and really wasn’t very nice to me. He thought I was out to trick him from the beginning and was suspect of everything I did. He ended up chasing red herring after red herring. It was a .086/ .085 PAS one-half hour after driving and .08/.09 45 mins later. I argued rising blood alcohol level and got into Partition Ratio’s. Maybe too much of a shot-gun approach but I just couldn’t limit myself and thought I should get into PR if permitted. Lesson learned: It is better to apologize than to ask and be denied. I think that if I had raised partition ratios in limini, the judge would have denied it. He and the DA did not appear to have much of an understanding of what PR before the trial. As it was I was educating the Judge and the DA on partition ratios in front of the jury. It came in quite naturally through the cross-examination of the people’s expert. The client was a Florida resident and was not present for this jury trial.

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