Paul Henry Neuharth Jr's Legal Cases (4)

Constitutional

Peruta v. County of San Diego, Case No. 10-56971

Feb 13, 2014

OUTCOME: 9th Circuit Court of Appeals rules that the San Diego County Sheriff had restricted 2nd Amendment rights in requiring "Good Cause" to issue concealed weapons permits, overturnig the Federal District Court for the Southern District of California.

We filed a civil action against the County of San Diego for the failure to issue the client a concealed weapons permit. The 9th Circuit Court of Appeals held that San Diego (and by inference, the Stat ... e of California) had encroached upon the 2nd amendment right to bear arms and reversed the ruling of the Federal Court for the Southern District of California..

DUI and DWI

Petrus v. DMV, 194 Cal.App.4th 1240 (2011)

N/A

OUTCOME: DMV suspension for 1 year overturned because of due process violations and DMV ordered to pay costs and fees.

Violation of Due Process by California DMV, lower court ruling overturned and fees/costs paid by DMV to my Client.

DUI and DWI

Arthur v. DMV, 184 Cal.App.4th 1199 (2010)

N/A

OUTCOME: Court interpreted failure to provide official indica of DUI Roadblock as merely a failure to give advance publicity.

Litigating the validity of a DUI checkpoint where there is little indicia of it being an official roadblock.

Criminal defense

Gikas v. Zolin, 6 Cal.4th 841 (1993)

N/A

OUTCOME: No Collateral Estoppel found by the court granting a 1538.5 on a DUI case. It does not bind the DMV.

Petition for review after the Court of Appeal reversed the judgment in an action for administrative mandamus. This case concerns the effect to be given criminal court rulings suppressing evidence perta ... ining to and dismissing a charge of driving with 0.08% blood alcohol at an administrative proceeding concerning suspension of the defendant's driver's license. (Veh. Code section 13353.2.) I did the Amicus opinion.

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