Case Dismissed
Jan 01, 2013OUTCOME: Case Dismissed
The charges in a recent criminal matter werre dismissed after I convinced the prosecutor that the evidence was insufficient to convict. Ergo, a defense lawyer's favorite phrase: "case dismissed".
Geoff A. Dulebohn's Legal Cases (19)
Chico, CA
Domestic violence Lawyer at Chico, CA
Practice Areas: Domestic Violence, Criminal Defense ... +2 more
Mischarged
May 01, 2012OUTCOME: Most of the charges dismissed, no jail time.
A client was cited for driving on a suspended license, no proof of insurance and expired registration. Upon contact, the officer also discovered marijuana in the vehicle, which added an additional cha ... rge. The officer saw that the client had a previous DUI conviction and assumed that he was driving on a license suspended for DUI. In reality, although he had indeed suffered the DUI, the license had been suspended by the DMV because he could not afford to renew his insurance policy. Through negotiation with the DA's office, all charges were dismissed except a less-severe suspended license violation upon proof that he reacquired his driver's license. Ultimately, my efforts saved this client thousands in potential fines and at least 10 days in jail, all of which would have been the consequence if he had gone to court alone and pleaded guilty.
Wrongfully Accused
Feb 14, 2012OUTCOME: DUI dismissed
A young woman drinks several beers and [wisely] realizes that she is in no condition to drive. She then calls her boyfriend to come and pick her up. While she is waiting, she sits in her parked car ( ... it is cold and raining outside). The police approach her and ask her when she last drove. She cooperates and explains that she had driven to that location hours earlier and is presently waiting for her boyfriend to pick her up. In fact, her boyfriend arrives to pick her up during her discussion with police, thereby corroborating her explaination. Nonetheless, she is arrested upon suspicion of DUI. One of the first things that I noticed when reviewing the police reports was a conflicting account of the exact location of the vehicle when observed by the police. The narrative depicts the vehicle as stopped in the middle of the road, whereas other portions of the report indicate the car was lawfully parked at the curb. The arresting officer honestly testified at an evidentiary hearing that the car was, in fact, parked at the curb and not stopped in the middle of the road. An emotional recording clearly verified the client's denial of driving after drinking. Not surprisingly, the District Attorney's Office was reluctant to dismiss the matter despite clear evidence and testimony that she was lawfully parked and waiting for a ride. It was unfortunate that she was ever arrested or charged with a crime when she excercised sound judgement and decided to call for a ride home. However, many months of my efforts eventually yielded a dismissal of the alleged DUI and justice was ultimately served. This case is a reminder of how diligence and patience are sometimes necessary for the truth to ultimately prevail.
Case in Point for DUI Reform
Jan 02, 2012OUTCOME: Ongoing
A young man pulls off the freeway upon suffering a flat tire. Meanwhile, another driver calls 911 to report suspicious driving: the result of a front tire suddenly losing pressure. While he is changi ... ng the tire, the police arrive and begin investigating the young man, ultimately discovering that his Blood alcohol concentration is above the legal limit. The officer clearly fabricated details of the report, indicating that the man admitted to hitting a curb, which caused the flat tire. The officer tells him to blow into a preliminary alcohol screening (PAS) device without the advisements required under California Vehicle Code section 23612(i). The law requires the officer to 1.) inform the citizen that the PAS is not the required chemical test of blood or breath and, if arrested, another test would be required, and 2.) inform the citizen of the right to refuse the PAS test. The arrest is then based upon probable cause generated by the PAS result that was obtained unlawfully. The officer then transports the man to the hospital for a blood test. The officer fails to advise the man that under other provisions of Vehicle Code section 23612, he has a right to choose whether to blow into a breathalyzer machine or provide a blood sample. The officer denies him the choice, thereby violating the law yet again, and subjects the man to a compulsory blood test. Be aware that the Fourth Amendment search and seizure principles apply to arrests a searches. An invasive search occurs when a police needle pierces the skin and enters the body. Sure, driving at over .o8% BAC is a threat to safety on our roads, but violators need not be punished contrary to existing law and the Constitution. Instead, citizens deserve to be treated with dignity, and not akin to livestock as what occurred in this case. The problems that developed in this case are not uncommon; rather, similar abuses of authority occur in almost every case that I see. Government lawlessness must be confronted at higher levels with ongoing vigilence or our ability to trust law and government's adherence thereto will be compromised.
Family Law/Criminal Law Crossover
Jan 01, 2012OUTCOME: Ongoing
I was retained by a man cited for driving under the influence. During our discussion, it became evident that he struggled with alcohol addiction and that it had come to affect his family life. In fac ... t, his wife called law enforcement on the day of his arrest and sought a restraining order. There was, however, no evidence of a crime at that point, and he was not arrested. Apparently, the officers that responded continued patrolling in his [remote] neighborhood and later pulled him over and cited him for DUI when he left his residence. The client sought help for his addiction and checked himself into a residential rehabilitation facility. I spoke to his wife, and she expressed her frustration at his alcohol consumption but indicated that she was inclined to give him another chance. This is a prime example of how being "accused of a crime" should be considered "caught making a mistake". The client is now sober and he and his wife are making a fresh start.
Prescription Forgery
Feb 08, 2011OUTCOME: Sentenced to Prop. 36 Rehab Program
This client suffers from legitimate pain stemming from old sports injuries. When a pharmacist received a suspicious prescription, he began to investigate its legitimacy. It was later determined that ... the prescription was not validly issued. The police investigated the matter and discovered that other individuals were involved. I was able to negotiate an outcome in which the client now participates in an outpatient treatment program and avoided a jail sentence. There was no conspiracy or forgery conviction and the client obtained necessary pain-management counseling.
Police Brutality?
Jan 01, 2011OUTCOME: Drunk in Public
This client was asleep in his vehicle when several law enforcement officers arrived. Apparently, someone had seen his vehicle and called 911. He was startled when he awoke and a brief struggle ensued ... . He was taken to a hospital for his injuries, blood was forcibly drawn from his body, and he was charged with DUI and resisting arrest. Since the government was unable to prove whether he drove or when he drove, the charges were reduced.
Mother Trucker
Jan 01, 2011OUTCOME: Client pleaded to alternate Vehicle Code violation
This long-haul trucker was cited for speeding in a local jurisdiction. Unfortunately, another point on her license would have led to a revocation by the DMV. Negotiations with the citing officer avoi ... ded a trial and the client peaded guilty to another violation: coasting. Luckily, these negotiations ultimately saved the client's license.
People v. Davis
Nov 08, 2010OUTCOME: Set aside at the DMV and dismissed in the Superior Court
This case came down to the finest scientific margin applicable in DUI cases, 1/1000 of one percent. It was proven that the instrument which tested the client was calibrated, but off my a margin of 7/1 ... 000 of one percent. Since 6/1000 of one percent theoretically put the client under the legal limit, the government could not prove its case.
Warrant recall
Jan 01, 2010OUTCOME: Warrant recalled
This client became aware of an outstanding warrant for his arrest and came to me for help. Usually in this situation, it is beneficial to retain an attorney to petition the Court to recall the warrant ... and then calendar the case for further proceedings. The other options are: 1. turn one's self in to the Sheriff, or 2. wait to be pulled over or picked up in a warrant sweep. This client's case benefitted greatly from being proactive and petitioning the Court in good faith to confront the allegations against him. I believe that his case would have resulted in harsher punishment if he had not come to me for help.
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