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JURY TRIAL RESULTS
Injury,
Criminal & DUI...please scroll down

PERSONAL INJURY VERDICTS
$94,000.00
Jury Trial Verdict against GTE (Phone Company).
Insurance company offered ZERO (Terri & Sandy)
While out, family’s house burned down due to
an “electrified” telephone “ground wire”
illegally wrapped around a propane flexline. Twenty
days later Father suffers stress related mild
heart attack. (See SCE Electric Company
settled before trial.)
$84,000.00 Jury Verdict for injured
bicyclist after insurance company offer of
$7,500.00 (Keith) Bicyclist rear
ends illegally parked landscape truck in bike
lane, police report says bicyclist looking down
and back on curve, soft tissue damage and nerve
root irritation C-7.
$82,658.00 Jury Verdict for injured
bicyclist. Bicyclist (Dennis)
suffers aggravation of a bad knee that had been
operated on three times before when a driver
made an abrupt U-turn across a single lane of
traffic. The accident delayed bicyclist’s
goal of qualifying for the triathlon at the
Olympic trials.
$80,000.00 - Indio Jury Trial Injury
Verdict (auto)- (Fluet)
$50,303.00 Jury Verdict for injured
bicyclist. Bicyclist (Theresa)
suffers leg laceration when hit by a phone
company truck as it was making a left turn.
$51,713.00 Jury Verdict for injured
bicyclist. Bicyclists (John)
suffers compressed Thoracic disc fracture after
being cut off by a driver making a right turn at
an intersection.
$48,500.00 jury verdict ($54,000 after
award of costs) for injured bicyclist
after insurance company offer of $25,001.
(Al) Bicyclist suffers A-C joint grade one
separation when jeep makes illegal turn over
median into bike lane.
Jury
Verdict – (Patricia) – Rear end soft
tissue (auto).
Jury
Verdict – (Andreas)- Lane change
dispute between two cars in stop and go traffic
at the merge.
Jury
Verdict – (Josephine) – Very minor
damage low impact rear end auto accident on
freeway off ramp.
Jury
Verdict – Bicyclist (Kenny)
claimed defective highway condition on Palomar
Mountain.

CRIMINAL JURY VERDICTS
Larry B. - Felony
Assault with a Deadly Weapon (Gory photos case)
- Vista Jury 6-6 dead lock.
(2006) After the verdict deadlock 6-6 mistrial
declared - case settled for a reduced charge and
credit for time served. Restitution
ordered. Client avoided lengthy State
Prison sentence. (old & New cases)
My client (in self defense) fought off a drunk
roommate who sustained bad facial injuries after
falling into a glass living room table (15
stitches and 2-3 facial fractures).
Prosecution blew up the victims hospital photos.
Prosecution got consciousness of guilt
instruction as my client left scene. My
client admitted "kicking the s... out of
victim." My client had an extensive
criminal history. Judge Casserly - Vista
Andreas H. -
Not Guilty on Reckless Boating (2006) Jury
Verdict 8-4 NG - case later Dismissed.
Two sail boaters complained my client drove
fishing boat past them and caused a big wake.
Mr. H had no criminal history and was returning
from marlin fishing with a friend; near
Oceanside Harbor. On cross exam it was
discovered the complaining sail boaters were
related to a Harbor Patrol Officer. Judge
Hockett - Vista
Jesus S. –
Not Guilty
on attempted murder; 9-3 for not
guilty on lesser included offences. S.
shot a man who approached his pick up truck.
Three shots hit – one head shot, one shoulder,
and one in back. S. fled for 6 months the
returned to trial. Proved aggressor was a
neighborhood bully, so he shot in self defense.
S. feared the aggressor had a gun because he
made motions like he had one. S. out drew
the aggressor. No aggressors’ gun was
found. S. was protective of his wife, two
daughters and small son. Judge Maino
presided – Vista.
Mindy W. –
Hung Jury –
Federal drug smuggling and distribution
trial in San Diego. Defendant had been
arrested months earlier with similar
circumstances – but was released as passenger.
This time, she was duped into driving across the
border after assurances the car was clean.
Mindy – a 22 year old single mother – went home
with her son for Christmas after the trial.
Judge Whelan presided – Federal Court – San
Diego.
Dagaberto L. R. – (Not
Guilty, Hung jury& Guilty) on a
variety of charges – Kidnapping, Terrorist
Threats, Assault with a deadly weapon, Spousal
Abuse. X-wife claimed he cut her with a
box knife and drove away with her in the car.
Rivera said they were on lovers leap, argued and
she set him up for a loss of child custody in a
divorce. (This was the picador – matador
case) Judge Maino presided – Vista.
Rosalinda M. –
Not Guilty –
Petty Theft from Albertsons. Disabled
single mother shopping with her son was falsely
accused. The store surveillance tape was
destroyed. Tried by the Attorney General’s
office. Mr. Duquette did the Jury Trial
for free. Judge Meza presided –
Vista.
Marie B. –
Not Guilty –
Petty Theft from a department store.
Police had a signed written confession.
Judge Ramirez presided – Vista
Guadalupe –
Not Guilty –
Possession of 26 pounds of marijuana for sale.
Prosecutor tried to strike all minorities from
the jury. San Bernardino’s historic main
courthouse.
Lance R. –
Not Guilty
(in 15 minutes) of burglary and receiving
$25,000 worth of stolen stereo equipment. Judge
Morgan Lester presided – Vista
Roger –
Not Guilty –
Assault with a deadly weapon – tire iron – at a
Shell gas station in Leucadia. Roger lost
patience with drunk teenagers who tried to steal
gas, then made fun of his tall and unusual
appearance.
Scott T. –
Dismissal
during trial – in a co-defendant auto theft –
receiving stolen property case. Judge
Maino presided – Vista.
Joe F. –
Mistrial –
Felony PC69, 422, & 148 – disobeying and
terrorist threats to a CHP Officer over a ticket
on a motorcycle dispute. Defense believes
the mistrial was granted the prosecution because
they judge could see the prosecution was loosing
and the Judge openly admitted he was a “strict
conservative”. The CHP’s wife was a local
prosecutor.
Arm Wrestling champion –
Hung Jury –
charged with PC647 indecent exposure
(masturbating) in a downtown Oceanside Theater.
Client tried to choke my neck in pretrial cross
exam preparations late one night in my office.
He appeared in court (against my advice) in a
tank top shirt and skimpy dolphin running
shorts.
David H. – Burglary and
receiving of almost $1,000,000 in stolen antique
jewelry. Judge Gill presided – San Diego.
Keith C. –
Hung Jury in
a PC148 case. Retired case a second
time. New Murrieta Court. Visiting
LA Trial Judge who handled Tony Serra’s SLA
bombing soccer mom case presided.
Michael C. – Hit and Run
trial in Judge Zalman Schere’s Court on
Christmas Eve – Vista
Road Rage Mother (Patricia)
– Hung Jury
and Guilty for hit and run, assault with deadly
weapon on slaughter alley in Oceanside.
Excessive bail reversed on appeal by writ of
Habeas Corpus – Judge Lisa Guy-Schall.
Trial Judge David Ryan – Vista.
Dan P. – Insurance fraud.
He was a paralegal in an Orange County Law
Office. Judge Robert (construction defect
expert) presided – San Diego.

DUI JURY VERDICTS
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
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.
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.
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.
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.
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.
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.
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.)
Harry B. –
Hung Jury
(11-1 for Not Guilty) in a felony DUI where a
drunk pedestrian walked into the middle of the
dark road and was run over. Client had a
.18 Blood alcohol level. Tried by Attorney
Generals office – 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.
Mike B. –
Two hung Juries
in back to back felony DUI Jury Trials.
Case finally dismissed. Judge
Einhorn presided in one trial – Vista
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.
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.
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.
Paul D. –
Not Guilty
of CVC23152(a), guilty (b) – DUI. West
Orange County 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.
Donald S. K. –
Not Guilty,
Hung Jury, Guilty in a PC148, DUI, Escape from
police custody case. Vista Court.
Robert B. – DUI jury trial
for M.D. – Vista court.
Bruce S. – DUI and PC148
Jury Trial. Gloria McMichael’s DDA - Vista
Court.
Joseph G. – DUI trial
“square dance case” – Judge Larry Brainard – El
Cajon.
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.
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.
Richard L. – DUI trial –
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.
Tom Malloney, Esq. –
prominent San Diego Attorney referred a young
male for a DUI trial – Judge Harley Earwicker
presided – Vista
Crying with Happiness
(client) – Not Guilty
DUI client got a win and vindicated in front of
daughter – Vista.
These testimonials do not guarantee or warrant
the successful outcome of your injury or
criminal case. All cases are from my
archives, memory and research over my years of
practice (since 1983). There have been
other Jury Trials and settlements.
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