Attorney Philip Leo Gagnon Jr's Legal Cases

DUI and DWI

People v. Stephen G.

Dec 20, 2016

OUTCOME: Unsafe Lane Change infraction

DUI-Drugs case (alprazolam and MJ). Multiple 911 calls regarding erratic driver nearly striking cars on HOV lane of I-15. Vehicle located stalled in lanes of traffic on I-8. Driver appeared lethargi ... c. Tested at scene 0% BAC. Arrested. Taken in for DRE evaluation. High levels of alprazolam found in blood along with relatively low levels of delta 9 THC. Could not get an expert with a favorable opinion with levels and facts. Took the case to trial. Hung jury with a 10-2 split for NOT GUILTY. Case was resolved for an unsafe lane change infraction.

DUI and DWI

People v. Phillip M.

Dec 12, 2014

OUTCOME: Unsafe lane change infraction.

.24% BAC blood test. Client pulled over by CHP for weaving. Video showed less-than-perfect driving. Client tried to record interaction on his phone. Officer removed phone abruptly and took Client o ... ff camera and arrested him 3 minutes later. CHP audio was either turned off or not functioning, so no audio of the interaction either on or off camera. Blood sample taken and tested at .24%. Two trials resulting in hung jury mistrials both times.

DUI and DWI

People v. Raven R.

Nov 14, 2013

OUTCOME: NOT GUILTY

Client pulled over because rear lights not illuminated (though headlights were on) by CHP. Client taken off camera so that field sobriety tests were not recorded. Officer described performance as uns ... atisfactory. Officer claimed Client had slurred speech. Client submitted to PAS (preliminary alcohol screening) test, with results of .086/.081%. Evidential breath tests administered an hour after arrest were .068/.064%. After trial, jury acquitted Client of all charges.

DUI and DWI

U.S. v. Richard R.

Jun 13, 2012

OUTCOME: CASE DISMISSED BY U.S. ATTORNEY

Federal DUI (occurred on federal property). .147%/.151% PAS tests; .17% Evidential breath test. Client stopped by agents of the Bureau of Land Management in his dune-buggy, because a tail light was o ... ut. Had been drinking beer, admitted to drinking 8 beers. Imperfect performance of field sobriety tests, but no bad driving. Stop conducted by different officer than arresting officer. Poor documentation created opportunity to cripple prosecution case. US Attorney agreed.

DUI and DWI

P. v. Daniel G.

May 03, 2012

OUTCOME: NOT GUILTY

.16% BAC blood test. Deputy observed erratic driving while at a stop light, as client made left turn through intersection at 1:15 AM. Makes stop, client explains power steering on classic truck just ... died, so having to manually control truck. Officer claims odor of alcohol. Client denies drinking. Performs field sobriety tests imperfectly. Cop does abbreviated "investigation" and makes arrest. Client requests blood draw. Result attributed to him: .16%. Client has commercial driver's license. DUI places career in jeopardy. Referred by another attorney without expertise in DUI after losing DMV hearing and seeing no defense to the charges. Client wanted his day in court. Retest of the sample yielded .15%. However, devastating cross-examination of the arresting officer, coupled with close scrutiny of the chain of custody of the blood sample, provided just enough opportunity to obtain justice for my client.

DUI and DWI

People v. Kymberlee K.

Oct 28, 2011

OUTCOME: Hung Jury - Mistrial declared.

FELONY DUI WITH GREAT BODILY INJURY: Expedition vs. Harley DUI accident, with great bodily injury to the two M/C riders. .07/.07% BrAC results 90 minutes after accident. Prosecutor claimed Defendant d ... rove over double yellow lines while passing a car parking off the highway. CHP determined first contact between the vehicles occurred 2-3 feet into the motorcycle's lane of travel. Limited investigation was done, and facts confirming arresting officer's theory of how accident occurred were documented. Alleged poor performance on field sobriety tests at scene. State's lab expert opined Defendant's BAC was .09%-.10% at time of accident. First Jury trial in January resulted in hung jury. Case was retried October 11 - 26. District Attorney had taken position throughout litigation that there was no offer; that Defendant had to plead to the sheet. Defendant was facing 9 years in prison and approximately $300k in restitution for medical bills if convicted. Defense had scene photographed within days of the accident, and documented information ignored or excluded by CHP. Arresting Officer's bias and deviation from training and nationally recognized field sobriety testing protocols were exposed. Using evidence documented by the Defense, we were able to raise doubt about the opinions of the CHP as to how the collision occurred. Evidence suggested the Harley was in the airspace of the Expedition's lane of travel due to the curvature of the road leading up to the area of impact.

DUI and DWI

People v. Victor P.

Apr 14, 2011

OUTCOME: NOT GUILTY

FELONY DUI WITH ACCIDENT CAUSING GREAT BODILY INJURY: DUI with accident causing great bodily injury (rollover accident). Client came to see me shortly after his arrest. Decided to go with a cheaper ... attorney. Poor communication from attorney resulted in client failing to appear and issuance of a warrant. He was taken into custody 2 days before Christmas and bail set at $250,000. He asked his family to find me. Mother spoke only Spanish and hired another attorney because he spoke Spanish. New attorney told him he should plead to the felony and the Great Bodily Injury enhancement (which would constitute a strike), and he would only have to do six months custody and six months in a residential rehab facility and be on probation for 5 years. He wanted to fight the case. Got his brother to locate me. Family hired me a two weeks before the case was set for trial. Court gave me one continuance of 6 weeks for trial. Previous attorneys hadn't done any work-up of the case. Prosecutor was MADD attorney of the year. No money for experts and the court denied request for funds to hire accident reconstructionist or alcohol expert. Showed up for trial, asking to trail 3 days because I had just finished another trial. Court denied the motion and sent us out for trial. Went to office and gathered the trial binder, returned to court and tore up the investigating cops and lab "expert." Established insufficient investigation and evidence established accident and injury was fault of other driver.

Philip Leo Gagnon Jr's Legal Cases (7)

People v. Stephen G.

People v. Phillip M.

People v. Raven R.

U.S. v. Richard R.

P. v. Daniel G.

People v. Kymberlee K.

People v. Victor P.