Recent Case Results: Pasadena Criminal Defense Lawyer Ann Gottesman
Please note: For confidentiality reasons specific details of the cases must be omitted to protect the identity of the Clients. While attorney Ann Gottesman is dedicated to achieving the best possible results for her clients, there is no guarantee that your case will result in a dismissal, charge reduction, DMV set-aside, acquittal, probation or no incarceration. The facts of each case are different and while Ann Gottesman has resolved many cases successfully no attorney can guarantee a result in a particular case. Call Ann for a free consultation to discuss the facts of your unique case.
2013
Metropolitan Court (Los Angeles): DUI CHARGES, SET ASIDE AT DMV, REDUCED TO EXHIBITION OF SPEED
Client did poorly on field sobriety tests due to medical issues with her hip, blew a .090 and .088 at the station about 50 minutes after driving in an allegedly erratic manner (slight weaving and speeding). Video/audio of stop showed client telling officer “I’ve driven drunk so many times and you are pulling me over now, when I only had a few drinks?” Presented evidence at the DMV hearing that her alcohol level was rising, and she was therefore under the legal limit at the time of driving. DMV set aside the suspension. Client did not want to go to trial due to the expense but I was able to negotiate a dismissal of the DUI charges and she only had to plead no contest to “exhibition of speed”. Since there was no suspension of her license, no interlock required and no priorability issues for an exhibition of speed conviction, Client was able to keep her job, her driver’s license and prevent her criminal record from showing a DUI related conviction.
2013
Los Angeles Court (LAX ): Hit & Run w/ Injuries, 5 prior DUIs, NO JAIL
Client, a recovered alcoholic with 5 prior DUI conviction over the past 15 years and a prior hit and run committed while on probation for her last DUI, was arrested for committing another hit and run, this time causing the victim, a bycicalist, to suffer a fractured collar bone. Client was an older woman with health issues who was terrified of going to jail. Fought and won O.R. release by convincing judge to let client where a SCRAM bracelet. After a few months, I was able to convince the City Prosecutor to offer a misdemeanor sentence with informal probation, NO JAIL and just a few AA meetings.
2013
Pasadena Court: DUI /DMV Refusal, SET ASIDE & NO SUSPENSION
Client was intoxicated and hit a parked car. Officer claimed he admonished her properly regarding the law that she must submit to a chemical test or else her license will be suspended for at least one year and failing or refusing to provide a test is a crime in itself. The truth is that the officer never told her these things. The officer was annoyed that client could not give a sufficient breath sample because her chest hurt from hitting the steering wheel. Cop accused her of “playing”. He threw her in jail and never advised her pursuant to Vehicle Code section 23612 that she must provide a blood test if she can’t give a breath test. At the DMV hearing client and officer testified. During cross examination of the officer, I was able to show he was lying in his report, he did not know what the proper admonishment was, he contradicted himself numerous times and appeared angry, and frustrated for having to appear at the hearing. The officer was rude and refused to answer some simple questions. The Hearing Officer determined the officer was lying, not credible and that my client was telling the truth. The suspension was “set aside” which means the DMV threw out the case. The court case is still pending but will likely resolve in a positive way.
2013
Pasadena Court: Obstructing or Resisting Officer, CASE DISMISSED
Client, who was off his meds and was trying to get through a road block manned by several officers, blatently disobeyed an officer’s command to not pass through the street. Client did and was charged with a misdemeanor 148. After making an appointment with the supervising DA, the DA decided to dismiss the case. Client will now be able to continue with his dream of getting a job in the entertainment industry as an editor or production assistant.
2013
Alhambra Superior Court: DUI w/accident Charges Dismissed, DMV Set-Aside
Client was in a solo vehicle accident, causing injury to herself and was alleged to have been driving with a blood alcohol level of .20. The District Attorney’s Office waited 10 months to file the charges and by that time I discovered the blood sample had been destroyed. I wrote a motion to dismiss for a violation of my client’s Due Process Rights and her Speedy Trial Rights. I also argued in the motion that the destruction of evidence that resulted from the District Attorney’s negligence, resulted in the loss of material and potentially exculpatory evidence that prejudiced my client’s defense (“Trombetta-Hitch” motion). In addition, I filed a motion arguing the type of blood test administered at the hospital was not the kind of test normally performed on a DUI suspect and that test was not shown to be scientifically reliable (“Kelly-Frye” motion). On the day of trial, after numerous hearings, the District Attorney announced they were unable to proceed and all charges were dismissed. The DMV suspension was set-aside as well so the client did not suffer any suspension on her driver’s license.
2013
Van Nuys Court, Assault Charges Dropped
My senior citizen client was in a minor altercation with a man at a party. The alleged victim’s friend, who never liked my client, called police and claimed my client pushed the victim, causing him to fall into a chair. My client claimed he did no such thing and that it was the victim who pushed my client, causing the client to push back in self defense. I spoke to an unbiased third party who was present at the time of the incident who corroborated client’s claims. I contacted the City Attorney’s Office and requested an “office hearing” prior to the arraignment date. After discussing the case with the City Prosecutor, the Prosecutor decided to not pursue charges.
2013
Pasadena Court: Felony Vehicle Theft Case Dismissed
Client had an old felony warrant for a charge of unlawful possession of a vehicle without the owner’s consent. (Grand theft auto) My client had been living with a heavy burden for several years, knowing she had an outstanding warrant but no way to deal with it. She did not currently live in the area, had little finances, and was in poor health. I was granted permission by the Judge to appear in court without Client despite the charge being a felony. The warrant was recalled and held for about one month. During that time, I was able to obtain some case information from archives with the help of the court clerk and spoke to the District Attorney. I explained the unusual and mitigating circumstances of my client’s predicament, the implausibility that the charges could be proved so many years after the incident, and the constitutional issues that arose due to the lack of notice of the warrant (i.e., Speedy Trial and Due Process). After considering all this, the District Attorney did the right thing and dismissed the case.
2013
West Covina Court: Vandalism Charged Dismissed on Eve of Trial
Client charged with vandalizing another person’s vehicle. The evidence strongly corroborated my client’s version of events which indicated he was factually innocent and did not commit this offense. This case was set for a jury trial and we were ready to proceed. After numerous discussions with the prosecutor, the case was dismissed a day before trial was to begin.
2012
Torrance Court, NOT GUILTY of Attempted Murder & NOT GUILTY of Attempt Voluntary Manslaughter
Client was charged with committing a willful and deliberate attempted murder and faced a mandatory sentence of 15 years to life if convicted. We showed the jury that Client was followed and severely beaten by the alleged victim and his brother just prior to alleged crime. With a broken jaw, Client managed to escape from the victim and victim’s brother and ran to his vehicle. When client attempted to leave the gas station where the beating had just occurred, he ran into the alleged victim, causing the victim’s right leg to be severed upon impact with a gas station pump pole. The incident was captured on the gas station’s security video camera. Victim claimed Client yelled out of his window that he would kill him, as he drove towards the victim. The victim and his brother were impeached and their credibility damaged during cross examination. The jury acquitted Client of attempted murder and also found client not guilty of attempted voluntary manslaughter. Client was convicted of a much less serious charge of assault with a deadly weapon and mayhem, and was sentenced to 6 years in prison with credits for time served, resulting in only 3 more years of custody. There was no reasonable offer made by the District Attorney prior to trial despite the obvious weaknesses in their case. Instead of facing a life term, client will be back with his family in approximately 3 years.
Have You or a Loved One Been Charged of a Crime? Contact Ann For a Free Consultation.
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Our Practice Areas
Criminal Defense
DUI Defense
