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Dismissed
Intoxication Assault
Blood Test – .168

Client and his neighbor had been drinking at a local bar.  Both were highly intoxicated.   Client’s vehicle was traveling at a very high speed when it struck another vehicle from behind and then proceeded to flip end over end.  The neighbor was ejected and suffered serious bodily injuries.  Client told EMS personnel that he was the driver.  After sobering-up, client began to question whether he was actually the driver. Attorney Segura retained a company specializing in DNA testing to retrieve blood, tissue and fluid samples from the vehicle to determine whether client had been sitting in the driver seat at time of the accident.  DNA testing showed client’s blood on passenger side.  Blood and fluid from an unknown male were deposited on driver side airbag.  After sharing these results with the prosecution, Client was cleared of all charges and case was dismissed.  

 

State v. P. J. R.
DISMISSED
Assault of Peace Officer

Client slapped a police officer who was trying to arrest her. Attorney Kiatta was able to show that the arrest was unlawful.  Client received seven stitches as a result of the arrest.

State v. R. B.
NOT GUILTY
DWI
Breath Test – .214

Client stopped for driving on wrong side of road.  Officers observed a strong odor of alcohol and vomit in car and on client.   After performing fairly well on sobriety tests, client was arrested. Client failed breath test blowing 0.214, almost three times legal limit.  Case proceed to trial where Attorney Segura pointed out contradictions between police reports, testimony and scene and jail videos.  During cross-examination, officers admitted that prosecutor has coached them to give misleading testimony.  Attorney Segura demonstrated that the prosecution’s breath test expert kept very few records and could not or refused to answer many basic questions.  Attorney Segura a breath result contradicted by sobriety tests and that officers’ testimony was not trustworthy.  Jury returned verdict of Not Guilty.

State v. B. J. H.
DISMISSED
Aggravated Assault with Deadly Weapon

Client accused of pointing a handgun at alleged victim.  Attorney Kiatta was able to produce witness statements showing that the Client was attacked and acted in self-defense.

State v. M. D.
NO BILLED
Sexual Assault of Minor

19 year old client accused of having sexual intercourse with 15 year old whom he met on the internet.  Our office was able to establish that the minor had lied about her age and gone to elaborate lengths to convince our client that she was much older.  We were able to demonstrate that our client did not have malicious intent, was unaware of the minor’s true age and was in reality a victim of ongoing deception. The grand jury rejected the State’s request to prosecute.

State v. A. A.
NOT GUILTY
DWI
Breath Test - .153

Defendant was found asleep at traffic light with car in gear and foot on the brake. Officers disagreed whether odor of alcohol was present.  Client detained for DWI investigation and consented to breath test with result of .153.  At trial Attorney Segura got initial officer to admit that client appeared normal for person who had just been awakened and that there was nothing to indicate intoxication. The Judge granted Segura’s motion for Instructed Verdict agreeing that there was insufficient evidence to justify a detention to investigate for DWI.

State v. J. B. H.
DISMISSED
Aggravated Assault with a Deadly Weapon on a Peace Officer

Client alleged to have fired a rifle at police officers.  Case resulted in a jury trial that ended with a hung jury.  The Government dismissed the case.

State v. G. S.
DISMISSED
DWI
Blood Test – .238

This case highlights the importance of fully litigating the ALR case.  The transcript from that hearing was then used to convince the prosecutor to dismiss all charges even though blood testing revealed a blood alcohol concentration of .238.  

At the ALR hearing, the officer testified that Client was detained because he had been parked outside a former girlfriend’s house and it was reported that he had been “known to drink alcohol and was possibly intoxicated.”  The officer agreed that Client’s driving was normal and legal.  The officer acknowledged that although he smelled an odor of alcohol, Client’s mental and physical faculties appeared normal at all times prior to arrest.  Client refused all tests and was arrested   Segura used ALR transcript to convince prosecutor that police had no constitutional basis to detain Client and that search warrant was obtained without probable cause due to inadequate affidavit.  Prosecutor agreed and case was dismissed a few days before trial.

State v. K. D. S.
REDUCTION
Possession – Over 200 lbs.

Client arrested in the driveway of a marihuana grow house.  A search of the car and house resulted in the seizure of over 200 pounds of marihuana.  After Attorney Kiatta discovered defects in the search warrant for the house, the charge was reduced to a misdemeanor.  Client paid a fine and did not serve jail time or receive probation.

State v P. K.
Not Guilty
DWI
Breath Test – .134

Client stopped for defective headlight and running a stop sign. After performing poorly on sobriety tests, Client was arrested and provided breath specimen of .134.  At trial, officer claimed that every mistake Client made was a sign of intoxication.  On cross-examination, Attorney Segura forced the officer to admit that he had committed the same driving violations which were all captured on his gps-enabled camera system.  The officer acknowledged that his driving “was a lot worse than” client’s driving and that on that evening Client was a safer driver.  The officer agreed that he had conducted a poor investigation and that the detention was an unconstitutional seizure.  The jury’s verdict was Not Guilty.  

 

State v. O. O.
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