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.
Client and his wife got into a fight and wife called police. Wife had some minor injuries but wife was the initial aggressor and she caused bruises on Client. Officer still arrested client, despite the fact that it was her word against client's word and client had bruising to corroborate his story. After investigation was complete, District Attorney rejected the case and no charges filed.
This was a huge win for a client facing a second DUI suspension. Cop was subpoenaed and cross examined at the APS hearing. The high blood level, accident and impairment could not be disputed but there was not a valid arrest. DMV hearing officer set aside the suspension because the blood test did not follow a lawful arrest. This case is an example of why it’s so important to subpoena and cross examine the police officer in specific DUI cases. Officer testified that client was injured, so paramedics immediately transported him to the hospital. Blood was taken at the hospital. The officer testified that he never arrested the client. This technicality was fatal to the DMV’s case. Court case is pending but winning at the DMV and having a transcript of the officer’s sworn testimony will likely help to obtain a better resolution in court.
Client was a commercial driver. After being pulled over for weaving he was alleged to have a BAC of a .08 and .09 about 30 minutes after driving. We had a toxicologist testify at the DMV hearing (APS hearing). Evidence was presented to show client was in the absorption phase at the time of driving and the test, and therefore, his BAC was likely below a .08 at the time of the traffic stop. After several DMV hearing dates and court appearances, DMV set aside the suspension (one year suspension on client’s commercial license!) and the city prosecutor agreed to dismiss the DUI and allow client to plead to a charge for exhibition of speed. (Client did not want to go to trial due to the offer.) Client was able to keep his commercial license and his job, and suffered no suspension on his driving privileges.
Client charged with drunk in public. Client is a professional who argued with the officer when he was stopped without reasonable suspicion. He could not afford to have anything on his record due to his job and professional license. Case was set for trial and dismissed on day of trial.
Client charged with a second DUI and driving with a .12 blood alcohol level. Resolved for a wet reckless with 9 month class and no jail after case was set for a motion to suppress the evidence.
Client answered a Craigslist ad to buy methamphetamine. Client appeared with drugs and was arrested and charged with felony possession for sale. After long negotiations with the DA, client, who lives out of county and had medical issues, was allowed to complete an out-patient drug program in his home county in exchange for a full dismissal. This will save his career.
Client, a truck driver was accused by a 911 caller of driving drunk. He was stopped by a patrol officer and his vehicle searched. Officer never observed any bad driving or any vehicle code violations. Methamphetamine was found and client was charged with possession. Judge granted my motion to suppress the evidence due to their being a lack of reasonable suspicion to stop client because anonymous 911 caller did not provide sufficient details for an officer to independently determine if the driving was indicative of DUI.
Client charged with 7 counts of residential burglary, all felony strike offenses. The offer was initially 4 years which would have to be served at 80 percent. When an additional burglary was discovered, the DA took 4 years off the table and client was facing even more prison time. Client was young and a methamphetamine addict. After getting her evaluated by a drug counselor and a psychologist, and negotiating with the District Attorney supervisor, Client received probation with one year in a live in drug program. This outcome was not only better for the client but for society as a whole.
Client charged with DUI and after all the evidence was subpoenaed it became obvious that client had a good "rising blood defense". After a real battle at the DMV and three hearings, DMV finally set aside the suspension. Client accepted a plea to a dry reckless with no class.
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