Proven Results

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.

Client rear ended in an auto accident.

(Josephine) – Very minor damage low impact rear end auto accident on freeway off ramp.

Indio Jury Trial Injury Verdict (auto)- (Fluet)

(James) Low impact auto accident to athlete who was stopped in traffic, and had prior neck injuries.

(Brenda) – settlement (on eve of trial) for a woman who fractured her clavicle in an auto accident, after insurance offer of $40,000.00.

(Kathy) – settlement for fractured ankle in auto accident.

(Patricia) – Rear end soft tissue (auto).

All felonies dismissed in Bar Fight, resulting in a broken jaw. USMC Captain received a misdemeanor with no Jail time.

Bicyclist suffers A-C joint grade one separation when jeep makes illegal turn over median into bike lane. Jury Verdict for injured bicyclist after insurance company offer of $25,001.

(Lain) – BICYCLE INJURY (broken collar bone) After Arbitration.

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.

Bicyclist (Kenny) claimed defective highway condition on Palomar Mountain.

Young child suffers from dog bite.

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

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

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.

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. (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.

Robert B. - DUI jury trial for M.D. – Vista court.

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

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.

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.)

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.

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.

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

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

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.

Samuel D-L. Not Guilty on 2 Felony Rape charges. After a two week jury trial, Mr. D-L received two not guilty jury verdicts after just one hour of deliberation in a Vista rape case. The swift verdict was a contrast to the seven months Mr. D-L spent in jail pending trial, because he was unable to afford bail. Extensive investigation and several pre trial motions were key to uncovering the alleged victims long history of alcoholism and resulting delusional behavior. She previously had filed a complaint against another maintenance man at a nearby apartment complex, then against Mr. D-L. She then testified Mr. D-L’s successor was following her on seventeen different occasions. Moreover, she claimed to have been raped while unconscious after drinking a can of beer and falling into a deep sleep on her living room couch. Whereas, the menstrual blood and semen stains as well as their location on the sheet covering the couch contradicted her position on the couch and her story. Mr. D-L testified the sex was consensual, as it had been two times before where he paid her $50 dollars each time. On this occasion (a day later) she asked for another $50 dollars for the sex but became upset when Mr. D-L didn’t pay as she came on to him while he was repairing a apartment towel rack at her request. Also, he was broke. The jury verdict enabled Mr. D-L to return to his wife and two children and to continue caretaking his eighty year old friend who is on oxygen due to illness. As with all innocent defendants, he cried upon a reading of the verdicts, so did his family. Mr. D-L avoided prison, deportation and lifetime sex registration as well

(Jill) – Nighttime commuter fractured her elbow when she crashed into a piece of wood left from a nearby construction site.

(Sherry) – Bicyclist doored on Pacific Coast Highway in Solana Beach

(Sherry) – Bicyclist doored on Pacific Coast Highway in Solana Beach

(Karen) – Bicyclist suffered laceration to her arm from a car door

(Rich) – Bicycle mechanic sustained a partial ACL tear when he was doored in Encinitas

(Michael) – Bicyclist doored by a contractor truck in Oceanside

BICYCLE INJURY – Fractured finger when motorist illegally opened car door into his hand while he was riding in the bike lane.

(Gene) Bicyclist injured when “illegally parked” motorist unlawfully opened their car door striking him while he was riding in the bike lane.

(Brian) Bicyclist injured while riding in a bike lane when hit by a drunk driver

(John) – Triathlete suffers right shoulder injury & fractured ribs when inattentive driver runs stop sign into path of oncoming traffic and then swerves into bike lane and stops her vehicle directly in front of bicyclist.

(Marcus) – Bicyclist suffers ankle and knee injury when hit by police car.

(Judy) – Commuter cyclist side swiped by a truck on her way to work.

(Michael) – Road bicyclist hit by a catering truck

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.)

Jason R. – 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

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.

(David) BICYCLE INJURY – Sustained fractured clavicle and three ribs as well as a mild concussion when rode his bicycle into a construction trench in road that was not properly marked.

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.

(Glenn) – Road Bicyclist suffers a knee injury

MOTORCYCLE ACCIDENT – Fractured leg when motorist made illegal left turn. There was a secondary settlement from property owner who’s landscaping obstructed motorist’s vision.

Mildred - pedestrian injured when struck in cross walk.

Pedestrian (William) injured when struck in cross walk.

(Mike) – A retired Police Officer suffered a shoulder injury when a motorist made an illegal turn.

(David) – Wheel chair athlete who was hit by an 80 year old woman driving on four medications with poor eyesight.

Marie B. – Not Guilty – Petty Theft from a department store. Police had a signed written confession. Judge Ramirez presided – Vista

(Greg) Bicyclist riding in bike lane injured when motorist turned in front of him, violating his right of way.

(Jennifer) Bike Commuter injured when vehicle turned in front of her violating her right of way.

(Frank) Bicyclist injured when motorist illegally turned in front of him violating his right of way.

(James) Bicyclist riding in bike lane injured when vehicle violated his right of way.

(Maxime) Bicyclist seriously injured when a motorist turned in front of him violating his right of way.

(Sean) – Triathlete received punitive and other damages against a road rage motorist who intentionally braked in front of the following bicyclist

65 year old woman slipped and fell in a puddle of water in VONS, fracturing her femur in 3 places. VONS under oath twice denied water, until we found past store manager in Colorado who verified two cups of water, photos and report. VONS was “unable” to verify who signed their floor sweep-inspections records. Also dairy case maintenance records showed poor equipment maintenance and request for “band-aid” fix. Offer ZERO, mediator ultimately convinced VONS to pay six figures one month before trial. State Medi-Cal recouped $12,000.00 of “out of pocket” payments paid to client’s medical providers, thereby saving California taxpayers from paying for VONS’ negligence.

(Mark) – Ironman Triathlete hurt when an inattentive driver made a left turn into the sun and hit the athlete broadside

(Camila) Bicyclist seriously injured when stuck by a motorcycle.

(James) – Road Cyclist fractured his shoulder when a motorist made an abrupt turn into the cyclist’s path

(Jim) – Bicyclist fractured his thumb and was briefly knocked unconscious when a motorist made an abrupt attempt to “thread the needle” in between oncoming traffic while turning

(Stephanie) – Bicyclist suffers fractured clavicle requiring internal fixation. Motorist turned into bicyclist path causing injury.

(Gregory) – Bicyclist suffers neck & back injury and tinnitus after motorist pulls out of a parking lot into his path

(Mike) – Bruised his shoulder and fractured his tooth when a motorist illegally changed lanes into the cyclists

Jury Verdict for injured bicyclist. Bicyclist (Theresa) suffers leg laceration when hit by a phone company truck as it was making a left turn.

(Lane) – Road Bicyclist sustained a re-injury to his low back while on a ride in San Diego, when a car made a right hook turn

(Max) – Bicyclist tears his knee ligament when a car makes an illegal turn across a bicycle lane.

(James) Bicyclist seriously injured when struck by an aggressively passing vehicle.

Jury Verdict 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 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.

Dyanne B. – 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

(Andreas) - Lane change dispute between two cars in stop and go traffic at the merge.