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DUI Case Results

Oceanside DUI Defense Attorney

Over the past 34+ years, DUI Lawyer Richard Duquette has achieved an impressive track record of positive results in a broad spectrum of DUI cases. Below is a small sample of the results Attorney Duquette has won for his clients over the years:

Dyanne B. – November 2013

Third DUI by a USMC Sargent, with combat exposure, nets her 162 day Scram. No Jail. This allowed her to obtain medical treatment at the VA hospital and alcohol treatment. Dyanne B. – November 2013

Jason R. - August 2012

Guilty plea to a felony PC 191.5(b) DUI – Homicide. No jail time for US Marine. Insurance policy limits were paid to victim’s family – offsetting a potential restitution claim. After 3 years successful probation, plea allowed case to be reduced to a misdemeanor. Jason R. - August 2012

Leonard T. – October 2013

Serious freeway DUI rear end crash. Client facing 6 years custody, reduced to 90 days work furlough, no jail. Plea was to a Felony DUI/with GBI. Full restitution to the victim was made by coordinating insurance payment. Leonard T. – October 2013

Ray S. – October 2013

US Marine avoids jail in cocaine & DUI case. Negotiated plea that allows felony to be dismissed after probation ends. Drug expert proves no sales of cocaine involved. Ray S. – October 2013

Gary W. - March 2014

Felony DUI (rear end crash) case reduced to a misdemeanor. Investigation exposed no serious injuries to victim – reasonable restitution was paid by insurance. Gary W. - March 2014

Victor Y. – December 2013

Felony DUI with crash and with prior vehicular homicide conviction resolved for no jail time and use of Scram bracelet. Inflated Restitution claim by victim was corrected, after investigation into prior workers comp claims for similar injuries. Victor Y. – December 2013

Crying with Happiness (client)

Not Guilty DUI client got a win and vindicated in front of daughter – Vista.

Tom Malloney, Esq.

prominent San Diego Attorney referred a young male for a DUI trial – Judge Harley Earwicker presided – 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.

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.

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.

Joseph G

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

Bruce S.

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

Robert B.

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

Donald S. K.

Not Guilty, Hung Jury, Guilty in a PC148, DUI, Escape from police custody case. Vista 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.

Paul D.

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

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.

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.

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.

Mike B.

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

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.)

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.

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.

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.

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.

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.

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.

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

Matt T.

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.
Law Firm of Richard L. Duquette - Oceanside Criminal Defense Attorney
3642 Ocean Ranch Blvd., Oceanside, CA 92056
Phone: (760) 545-5563 | Local Phone: (760) 730-0500.
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