888.909.7896

Category - Defenses

21
Nov

Law Offices of Mary Prevost: CALIFORNIA COURT REVERSES VANGELDER….BUT THERE’S A SILVER LINING.

This morning People v. Vangelder came down. it was argued by Chuck Sevilla. The Court reversed the Court of Appeal which had reversed a DUI conviction for excluding an expert who would have testified that the breath test machines used: 1) measure no alveolar air, and 2) had unreliable test result from variable in the …

9
Nov

VOLUNTARY AND INVOLUNTARY INTOXICATION AND UNCONSCIOUSNESS AS A DEFENSE

The defendant took prescription Ambien and then fell asleep. He ended up driving and was arrested and convicted of DUI drugs. His defense was that he was sleep driving. This Court of Appeal articulates the rules governing involuntary intoxication (a complete defense) as opposed to voluntary intoxication (no defense). They uphold instructions telling the jury …

1
Dec

REVIEWING THE SUFFICIENCY OF THE EVIDENCE ON APPEAL

The deputy district attorney was able to prove up two counts without the victim, but not four other counts. The defense motion to dismiss under PC 1118.1 was denied. After the defense rested, the DA found the victim and she testified to all counts. On appeal, the California Court of Appeal rejects the DA’s claim …

close