Jury Verdicts for Oceanside DUI Attorney & Criminal Defense Lawyer Richard Duquette

CRIMINAL JURY VERDICTS

Matt T. (January 2012) – Attorney Duquette represented a law enforcement officer and three time Iraq war veteran in a .16 blood DUI case.  Pretrial investigation revealed that the MVRS (CHP – video) showed no bad driving.  Further, the lab methodology and results themselves were flawed.  Moreover, the handheld PAS (Preliminary Alcohol Screen) device was determined to have had the fuel cell (the engine of the instrument) replaced prior to arrest.  After a five day jury trial, the jury returned a verdict of not guilty on CVC 23152(a) – Driving impaired and 11-1 for not guilty on CVC 23152(b) – Driving with a .08 or higher blood alcohol level.  Post-trial, a PC 1385 motion/invitation to dismiss the charges was filed and the court ultimately dismissed the charges against Mr. Duquette’s client, thereby saving his career.  In closing, Mr. Duquette urged the jury to hold the laboratory to reliable testing methodology because their laboratory and the reliability of their results affect not only his client, but the community at large and hundreds of samples a year.

Samuel D-L. (8/24/09) Not Guilty on 2 Felony Rape charges. After a two week jury trial, Mr. D-L received two not guilty jury verdicts after just one hour of deliberation in a Vista rape case. The swift verdict was a contrast to the seven months Mr. D-L spent in jail pending trial, because he was unable to afford bail.

Extensive investigation and several pre trial motions were key to uncovering the alleged victims long history of alcoholism and resulting delusional behavior. She previously had filed a complaint against another maintenance man at a nearby apartment complex, then against Mr. D-L. She then testified Mr. D-L’s successor was following her on seventeen different occasions. Moreover, she claimed to have been raped while unconscious after drinking a can of beer and falling into a deep sleep on her living room couch. Whereas, the menstrual blood and semen stains as well as their location on the sheet covering the couch contradicted her position on the couch and her story. Mr. D-L testified the sex was consensual, as it had been two times before where he paid her $50 dollars each time. On this occasion (a day later) she asked for another $50 dollars for the sex but became upset when Mr. D-L didn’t pay as she came on to him while he was repairing a apartment towel rack at her request. Also, he was broke.

The jury verdict enabled Mr. D-L to return to his wife and two children and to continue caretaking his eighty year old friend who is on oxygen due to illness. As with all innocent defendants, he cried upon a reading of the verdicts, so did his family. Mr. D-L avoided prison, deportation and lifetime sex registration as well.

Larry B. - Felony Assault with a Deadly Weapon (Gory photos case) – Vista Jury 6-6 dead lock. (2006) After the verdict deadlock 6-6 mistrial declared – case settled for a reduced charge and credit for time served. Restitution ordered. Client avoided lengthy State Prison sentence. (old & New cases) My client (in self defense) fought off a drunk roommate who sustained bad facial injuries after falling into a glass living room table (15 stitches and 2-3 facial fractures). Prosecution blew up the victims hospital photos. Prosecution got consciousness of guilt instruction as my client left scene. My client admitted “kicking the s… out of victim.” My client had an extensive criminal history. Judge Casserly – Vista

Andreas H. – Not Guilty on Reckless Boating (2006) Jury Verdict 8-4 NG – case later Dismissed. Two sail boaters complained my client drove fishing boat past them and caused a big wake. Mr. H had no criminal history and was returning from marlin fishing with a friend; near Oceanside Harbor. On cross exam it was discovered the complaining sail boaters were related to a Harbor Patrol Officer. Judge Hockett – Vista

Jesus S. – Not Guilty on attempted murder; 9-3 for not guilty on lesser included offences. S. shot a man who approached his pick up truck. Three shots hit – one head shot, one shoulder, and one in back. S. fled for 6 months the returned to trial. Proved aggressor was a neighborhood bully, so he shot in self defense. S. feared the aggressor had a gun because he made motions like he had one. S. out drew the aggressor. No aggressors’ gun was found. S. was protective of his wife, two daughters and small son. Judge Maino presided – Vista.

Mindy W. – Hung Jury – Federal drug smuggling and distribution trial in San Diego. Defendant had been arrested months earlier with similar circumstances – but was released as passenger. This time, she was duped into driving across the border after assurances the car was clean. Mindy – a 22 year old single mother – went home with her son for Christmas after the trial. Judge Whelan presided – Federal Court – San Diego.

Dagaberto L. R. – (Not Guilty, Hung jury& Guilty) on a variety of charges – Kidnapping, Terrorist Threats, Assault with a deadly weapon, Spousal Abuse. X-wife claimed he cut her with a box knife and drove away with her in the car. Rivera said they were on lovers leap, argued and she set him up for a loss of child custody in a divorce. (This was the picador – matador case) Judge Maino presided – Vista.

Rosalinda M. – Not Guilty – Petty Theft from Albertsons. Disabled single mother shopping with her son was falsely accused. The store surveillance tape was destroyed. Tried by the Attorney General’s office. Mr. Duquette did the Jury Trial for free. Judge Meza presided – Vista.

Marie B. – Not Guilty – Petty Theft from a department store. Police had a signed written confession. Judge Ramirez presided – Vista

Guadalupe – Not Guilty – Possession of 26 pounds of marijuana for sale. Prosecutor tried to strike all minorities from the jury. San Bernardino’s historic main courthouse.

Lance R. – Not Guilty (in 15 minutes) of burglary and receiving $25,000 worth of stolen stereo equipment. Judge Morgan Lester presided – Vista

Roger – Not Guilty – Assault with a deadly weapon – tire iron – at a Shell gas station in Leucadia. Roger lost patience with drunk teenagers who tried to steal gas, then made fun of his tall and unusual appearance.

Scott T. – Dismissal during trial – in a co-defendant auto theft – receiving stolen property case. Judge Maino presided – Vista.

Joe F. – Mistrial – Felony PC69, 422, & 148 – disobeying and terrorist threats to a CHP Officer over a ticket on a motorcycle dispute. Defense believes the mistrial was granted the prosecution because they judge could see the prosecution was loosing and the Judge openly admitted he was a “strict conservative”. The CHP’s wife was a local prosecutor.

Arm Wrestling champion – Hung Jury – charged with PC647 indecent exposure (masturbating) in a downtown Oceanside Theater. Client tried to choke my neck in pretrial cross exam preparations late one night in my office. He appeared in court (against my advice) in a tank top shirt and skimpy dolphin running shorts.

David H. – Burglary and receiving of almost $1,000,000 in stolen antique jewelry. Judge Gill presided – San Diego.

Keith C. – Hung Jury in a PC148 case. Retired case a second time. New Murrieta Court. Visiting LA Trial Judge who handled Tony Serra’s SLA bombing soccer mom case presided.

Michael C. – Hit and Run trial in Judge Zalman Schere’s Court on Christmas Eve – Vista

Road Rage Mother (Patricia) – Hung Jury and Guilty for hit and run, assault with deadly weapon on slaughter alley in Oceanside. Excessive bail reversed on appeal by writ of Habeas Corpus – Judge Lisa Guy-Schall. Trial Judge David Ryan – Vista.

Dan P. – Insurance fraud. He was a paralegal in an Orange County Law Office. Judge Robert (construction defect expert) presided – San Diego.

DUI JURY VERDICTS

Ryan S. – (2009) Attorney Duquette represented a two-tour Iraq war veteran who was charged with DUI causing injuries to three people, but the client said he was not at fault in the collision (a crash which totaled both cars). However, very serious injuries exceeding $200,000 were involved and the client did test positive for alcohol in the blood. Attorney Duquette conducted focus groups of the facts to determine juror biases and the client elected to go to trial. After a three week trial, the jury returned Not Guilty verdicts on two Felony counts of impaired driving causing injuries, Not Guilty on the misdemeanor impaired driving count and a Guilty verdict on driving with a blood alcohol level above the legal limit count. Ryan obtained an honorable discharge from the Marine Corp. and was sentenced to volunteer work and attendance at an alcohol treatment program. There was no jail time. Vista Superior Court

Lucio B. - Jury Verdict – Not Guilty on DUI; 6-6 Driving with a .08 or higher blood alcohol level. (2008) Hispanic trash truck driver – City of Escondido – no criminal record. .10/.10 PAS results, .09 blood test by police. State criminalist opines client is a .11 at the time of driving – Re-test by Defense Expert Toxicologist shows a blood alcohol level of .07, with an opinion of .03-.05 at the time of driving. No settlement offer. Team tried case. Prosecution used an altered “red tinted” photo that made my client’s eyes look red. Phlebotomist – photographer distanced self from the prosecutor. Judge Brown – Vista.

Robert W. – Jury Verdicts – Four Not Guilty – DUI with Great Bodily injury on passenger and lesser included offenses. (November 2007) Robert was exposed to 6 years prison. Mr. W. was a construction superintendent with no criminal record. Mr. W. was alleged to be a .20-.22 Blood Alcohol Level. The Victim failed to buckle up because he was drunk and stoned. Victim wanted to cash in with a civil suit for damages even though he failed to take responsibility off roading without a seat belt at night at Devils Slide – Ocotillo Wells. 75K in medical bills. Jury Verdict; Not Guilty on all four counts, (2 felonies and 2 misdemeanors). Client and his family cried with relief as the verdicts were read in the courtroom. (10 day Vista Jury Trial during the San Diego Wild Fires) Judge Ruben.

Gerardo C. – Jury Verdict (2007) Gerardo C. charged with a .21 blood alcohol level. No settlement offer. Driving issue. Helicopter pilot observations in San Marcos.

Christina H. - Arizona DUI client won a Writ of Prohibition/Mandate exempting her from having to attend her jury trial. The San Diego Appellate Panel ruled 3-0 in her favor, upholding her rights under Penal code section 977.

Robert T. – Not Guilty.18-.19 DUI solo crash on railroad tracks in Del Mar. Hung jury on other charge. Judge Luther Leeger presided – Vista.

Susan P. – Not Guilty (.09/.10 breath .11 pas) DUI – Breath machine subject data breath history showed machine was unreliable. Dr. Bill Holly noted forensic toxicologist testified for the defense. Paccica attracted the officers’ attention when she pulled out of a side street in close proximity to his patrol car.

Kathy – Not Guilty – a school teacher was acquitted of DUI – refusal charges. She agreed to take a test but the police refused her offer to take it. She was on a date with a sailor when arrested. Judge Lim presided – Chula Vista (see “School Teacher wins” article on my web site.)

Harry B. – Hung Jury (11-1 for Not Guilty) in a felony DUI where a drunk pedestrian walked into the middle of the dark road and was run over. Client had a .18 Blood alcohol level. Tried by Attorney Generals office – Vista

Jimmy S. – Hung Jury – DUI refusal trial where client was video taped smoking his rear wheels at a traffic light. Case dismissed before retrial. South Orange County – Laguna Niguel courthouse.

Mike B. – Two hung Juries in back to back felony DUI Jury Trials. Case finally dismissed. Judge Einhorn presided in one trial – Vista

Penny L. – Two hung Juries in a DUI case. The DUI charges were dismissed and the case ultimately settled for a drunk in public plea bargain.

Male Vietnam Vet – Not Guilty DUI, guilty of carrying a concealed loaded pistol into the “Alley” piano bar in Carlsbad. Pistol displayed from his waistband while singing Karaoke. All patrons evacuated. Jury brought us cookies during the trial and flowers afterwards.

Sergeant T. B. – Hung Jury in a .20 blood alcohol content DUI hit and run case where Sergeant crashed into three parked cars according to the police. The defense was “no driving” – as the police found him in the passenger’s seat alone (and asleep) in the car upon arrival at the scene.

Paul D. – Not Guilty of CVC23152(a), guilty (b) – DUI. West Orange County Court.

John – Not Guilty DUI where officer clearly and unequivocally stated client drove over the sidewalk as he rounded the corner, but it was shown to be impossible due to undamaged telephone pole and mail box.

Donald S. K. – Not Guilty, Hung Jury, Guilty in a PC148, DUI, Escape from police custody case. Vista Court.

Robert B. – DUI jury trial for M.D. – Vista court.

Bruce S. – DUI and PC148 Jury Trial. Gloria McMichael’s DDA – Vista Court.

Joseph G. – DUI trial “square dance case” – Judge Larry Brainard – El Cajon.

Mike G. – H.B. computer programmer – DUI trial in San Diego Court against City Attorney, Deputy Public Defender David Thompson second chaired – Judge Larry Sterling presided.

Brian S. A. – DUI trial due to arrest near Dick’s Last Resort in San Diego (Gas lamp district). He lived in San Clemente and was visiting when arrested.

Richard L. – DUI trial – Vista.

Jeff A – PC148 – Jury Trial – Escondido backyard party and falling into a pond. (prior DUI case for him was reversed on appeal.) Mr. Knoblock Sr. was his original DUI trial attorney.

Tom Malloney, Esq. – prominent San Diego Attorney referred a young male for a DUI trial – Judge Harley Earwicker presided – Vista

Crying with Happiness (client) – Not Guilty DUI client got a win and vindicated in front of daughter – Vista.

These testimonials do not guarantee or warrant the successful outcome of your injury or criminal case. All cases are from my archives, memory and research over my years of practice (since 1983). There have been other Jury Trials and settlements.

If you have been arrested for a DUI or need to be re-referred to an alcohol program to clear your DMV record, contact me HERE or give me a call: 760-730-0500. I offer a FREE no obligation consultation and look forward to helping you with your San Diego Court or Vista Court legal matter.