Attorney James H. Dippery Jr's Legal Cases

Criminal defense

Dismissal in DUI/marijuana case

Apr 10, 2012

OUTCOME: Dismissal during jury trial.

Client was charged with driving under the influence of marijuana. There was very little evidence of poor driving and client did pretty well on the field sobriety tests. There was marijuana in her syst ... em per test results. Mid-way through jury trial the DA requested a dismissal when he realized he would not be able to prove the case due to absent drug expert. But, in granting the motion the court stated that the evidence of impaired driving was lacking. The court granted our request to seal and destroy the arrest records and the court records.

Juvenile law

Burglary v. party hardy

Jan 01, 2012

OUTCOME: Dismissed on morning of trial.

A group of juveniles were invited over to party at the home of one of the juveniles' employer while the employer was gone. While there some of the juveniles stole a gun and other material. Client was ... charged with burglary when his only 'crime' was accepting the ill-timed invitation to 'party hardy.'.

Criminal defense

People v. Hall

Oct 14, 2010

OUTCOME: Not Guilty of Assault with Deadly Weapon - Chain saw

See www.trinityjournal.com/news/2010-10-20/News/Not_guilty

Appeals

People v. Hazle; 157 Cal.App.4th 567

Jul 21, 2008

OUTCOME: Termination of client's drug program reversed

California law provided that a defendant could be dismissed from a beneficial drug education program (completion of the program would result in dismissal of the conviction) after three violations. Her ... e, client's violations were tried as one, but were counted by the trial court as three or more violations and he was terminated from the program. I represented the defendant on his appeal and obtained a published reversal of the trial court's ruling, a new rule of law on the interpretation of the 'counting' process, and client was reinstated in program and successfully completed it.

Appeals

People v. Ruiz; 9 Cal.App.4th 1485

N/A

OUTCOME: Reversed and remanded for new hearing with informant to be present at hearing..

Appeal challenged denial of motion to disclose informant. Prosecution failed to present informant for testimony at in chambers hearing.

Appeals

People v. Gott; 26 Cal.App.4th 881

N/A

OUTCOME: Conviction for receiving without permit reversed. Court held client had been convicted of an offense she did not commit.

Client convicted of drug offenses, including receiving drugs from out-of-state without a permit.

Criminal defense

Not Guilty verdicts in 5 count Felony Arson case

N/A

OUTCOME: Not Guilty on all 5 counts.

Client was a volunteer firefighter, who was first on scene at three grassland fires and was first reporter on two others. He was questioned as a suspect, failed a polygraph test, and then 'admitted' h ... e had started one of the fires. At trial, I purposely allowed the DA to use an audio recording of the interview where client 'confessed' which included a comment that he had 'failed the lie detector test.' At the next recess the DA was 'amazed' I had let the tape be heard by the jury. When the arson investigator testified, however, he agreed that the fire could not have been started the way the client 'confession' said. I argued to the jury that client was simply nervous about being interviewed, that he had 'failed' the lie test because of nervousness and then had made the 'How I did it' confession up just to 'tell them something.'

Criminal defense

DUI case ?Was the dog driving?

N/A

OUTCOME: Not Guilty on the DUI

Client and friend leave bar in rural area. Before they get out of parking lot a woman has car trouble; they help her fix it and then drive away. Less than a mile down the road the car client is in dr ... ives off roadway and gets flat tire. A CHP officer drives by, stops to help, sees client and his dog in front passenger seat. Client displays evidence of alcohol intoxication and is arrested for DUI. The friend is 'long gone' when CHP arrives. At trial the woman they helped testifies that client and dog got into front passenger's seat and the other man (the friend) drove away.

Criminal defense

? Resisting arrest, or something else?

N/A

OUTCOME: Not Guilty of Resisting Arrest

Client is driving through town, minding her own business, obeying traffic laws, etc. Officer sees her, notices car registration is out-of-date and turns on red light to pull her over. Client continue ... s to drive for a mile, then pull over into a church parking lot. Client testifies, and other officers agree, that on several other arrests by the officer here client had been 'bloodied and bruised' because 'she had been abusive to the officer' and 'resisted arrest. She saw the red lights, but was frightened and wanted to get to the church parking lot where she knew there would be other people present.

James H. Dippery Jr's Legal Cases (9)

Dismissal in DUI/marijuana case

Burglary v. party hardy

People v. Hall

People v. Hazle; 157 Cal.App.4th 567

People v. Ruiz; 9 Cal.App.4th 1485

People v. Gott; 26 Cal.App.4th 881

Not Guilty verdicts in 5 count Felony Arson case

DUI case ?Was the dog driving?

? Resisting arrest, or something else?