Here's a summary, kinda long:
Client was charged with 4 counts: Domestic Violence, Child Endangerment and DUI x 2
Wife was driving home from Del Mar horse races. Client was in the back seat next to their 10-month old baby. On the car ride home, they got into a heated verbal argument that turned physical. What happened in the car after that is what was disputed. Wife eventually pulls car over and gets out and opens client's door to try to physically remove him.
A passerby called 911 and told saw a couple fighting outside of a car. The wife got back into the driver seat and drove to client's parent's house about 1/4 mile away. 911 caller follows them. Wife and baby get out and went inside. After 911 caller leaves and before cops arrive, Client hops in the car and drove about 3 miles to their house.
Deputies responded to the first house to investigate. Cop testified that wife said husband was highly intoxicated and he was the agressor, grabbing her shirt and ripping her bra off of her body, and made her lose control of the vehicle while driving. He wrote all kinds of BS in his report and made several mistakes, which I exposed.
The officers leave to go to 2nd house. Client comes downstairs to meet cops and is hammered. Admits to driving and denies drinking since he's been home. This was 30 minutes after the 911 call and client had been home for probably 20 minutes. They take him to the station and he denies drinking again to another officer who did SFST's. He also blows .17% twice. Client arrested for above charges.
Started trial on Monday, got done this afternoon. They called wife, Arresting Officer, Second Officer that did SFST's and Breath test and State Expert Raegan Carter. Wife recanted on stand, they tried to grill her as a liar. I exposed Arresting Officer on tons of mistakes in his reports. Didn't paint him as a liar, but just as a sloppy investigation. The SFST officer, I asked very few questions. Just got out of him that he had no idea if he was UI or <.08 at time of driving. Got basically the same thing out of their expert. All assumptions.
I called 911 caller, client's mom and dad who testified he didn't appear intoxicated. My client testified to pretty much what victim did, but testified he drank close an almost full pint glass of Vodka and then passed out before the cops got there. Final witness was Leo Summerhays, who was unbelievable. If you guys haven't used him, you need to. The jury absolutely loved him and his presentation.
Jury was out for just under an hour and Not Guilty on all counts. Client was a High School Special Ed teacher before this and was fired when they found out about his arrest. He has been unemployed since this incident happened on July 27th, 2012. He will be able to go back into teaching because of the acquittal and will be getting his license back because we lost the DMV Hearing.
My client cried and hugged me repeatedly after the trial. This is the most proud I have ever been to be a Criminal Defense Attorney.
