Andrew Blair Leventhal's Legal Cases (15)

DUI and DWI

Emil G.

Jan 01, 2010

OUTCOME: MOTION FOR NEW TRIAL GRANTED; former jeapoardy entered during second trial to enhancement- PC 1004(5) demurrer to enhancement sustained; client thus secures better plea offer [no jail] in round 2.

Dense second time DUI allegations: VC 23152(a) with prior DUI conviction alleged and a VC 23582 reckless driving & speeding enhancement activating 64 CJ minimum if probation granted; maximum 1 year in ... jail. Officers had client admit on tape that client drank 4 beers shortly before driving. Client BAC was above .08. Motion for new trial granted after we successfully persuaded the court that the jury committed misconduct during deliberations. We examined the juror under oath and discredited the erroneous guilty verdict .

DUI and DWI

Case No. 9MP06496

Jan 01, 2009

OUTCOME: Not Guilty on both counts (VC 23152(a) and VC 23152(b)); NO ACTION on the alleged probation violation. Client walks.

Metropolitan Courthouse in downtown Los Angeles. Second time DUI; client facing up to 18 months in jail. The prosecutors alleged the prior or first DUI conviction and also alleged it as a possible p ... robation violation. Four breath test readings as follows: Preliminary breath alcohol readings = .094/.087; station house readings = .084/.087. This was NOT a no driving defense; we attacked the science, intoxication and the machines. People v. McNeal, 46 Cal.4th 1183, 210 P.3d 420 (Cal.,2009) came out right before we took the matter to jury trial. We used McNeal, a seminal California DUI decision, to mount, among other things, a breath to blood partition ratio defense to attack the machines during jury trial. This matter went to verdict.

Criminal defense

9CA05273

Jan 01, 2009

OUTCOME: HUNG JURY; DISMISSED PC 1385.

Downtown L.A. prostitution sting: Open PC 647(b))/8CA07743 (PV) (similar conduct) [PAROLE HOLD/violation trial; transgendered client accused of solicitation].

Domestic violence

Case. No 9CA25090

Jan 01, 2009

OUTCOME: Hung jury on both counts.

Domestic violence matter; PC 273.5(a) & PC 243(e)(1) lesser added before closing arguments [recanting witness]

Criminal defense

9CA03656

Jan 01, 2009

OUTCOME: HUNG JURY; DISMISSED PC 1385.

H & S 11377(a) [pocket and drop meth possession].

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