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DISMISSED
Aggravated Robbery with a Deadly Weapon

Client alleged to have robbed and stabbed two drug dealers at a hotel.  Client identified by the alleged victim.  Client passed defense polygraph.  Attorney Kiatta produced cell phone location records and witnesses to prove that Client was not at scene of the robbery.  

State v. B. P.
DISMISSED
DWI
Blood Test – .259

Client’s unoccupied vehicle was found with engine running and driver door open in a residential area.   Client had passed out in a yard in a highly intoxicated state.  After struggling for several minutes to wake client, police were able to obtain statements indicating that client had operated the vehicle.  Client was transported to emergency room and where blood testing showed alcohol concentration of 0.259, more than three times the legal limit of 0.08.  Attorney Segura informed the prosecutor that he would be taking the case to trial as there was no evidence that Client had driven vehicle on night of arrest or while he was intoxicated.  Prosecutor dismissed all charges after Attorney Segura told the judge he was ready for trial.

State v. J. K.
NOT GUILTY
Assault – Family Violence

Client was accused of choking his wife.  They were separated at the time.  Attorney Kiatta was able to show the jury that the alleged victim lied to help her in the divorce and child custody case.

DISMISSED
Assault – Family Violence

Client accused of punching his girlfriend.  Attorney Kiatta’s investigation produced surveillance video showing that Client acted in self-defense after his girlfriend attacked him with a knife.

State v. Z. C.
NOT GUILTY
DWI
Blood Test – .180

Client hit a parked police car after leaving bar and admitted to 4 drinks.  Client failed sobriety tests and gave a sample of blood with an alcohol concentration of .18.  At trial, Attorney Segura was able to get DPS trooper to admit that he did not know the proper procedures for storing or transporting blood samples. There was no evidence that the blood had been refrigerated while in police possession and no explanation for delay in blood reaching crime lab.  Attorney Segura convinced the judge to suppress blood test results because a proper chain of custody could not be established. The Court then granted defense motion for Instructed Verdict of Not Guilty.

State v. W. A. E.
DISMISSED
DWI
Breath Test – .147

Client stopped for disregarding DPS trooper who was directing traffic.  Client displayed a strong odor of alcohol and had red blood shot eyes.  After failed field sobriety tests and being arrested, Client blew a .147.  Attorney Segura hired a surveyor who discovered that Client had not operated his vehicle in the county of prosecution.  The case proceeded to trial and after a jury was selected and empaneled, Attorney Segura informed the prosecutor that the case had been filed in the wrong county.  After a brief discussion with the trooper, the case was dismissed.   Double jeopardy prevented the case from being re-filed in the proper county.  

State v. J. W.
DISMISSED
DWI
Breath Test – .149

Client driving with no headlights at night.   This the officer’s first DWI arrest.  Attorney Segura forced officer to admit that she was not confident in her ability to properly administer and score the tests.  Officer acknowledged that if tests were not properly administered, they don’t count and the case should be thrown out.  The case was dismissed.

State v. L. L. W.
DISMISSED
Felony DWI with Child
Breath Test – .127

Client allowed his vehicle to drift into the right lane for no more than 3 seconds.  Client was very nervous and failed all sobriety tests.  Client was arrested and blew over legal limit.  Attorney Segura was able to demonstrate that that since there was nothing unsafe about Client’s driving, there was an absence of facts to justify a reasonable suspicion that client had committed a traffic violation.   After a meeting with the prosecutor, all charges were dismissed.   

State v. N. M. R.
DISMISSED
Felony DWI – 4th Arrest

Client had just left baseball stadium parking lot when he was stopped for weaving and almost hitting guardrail.  Client performed poorly on sobriety tests and was arrested.  A sample of blood showed Client to be over the legal limit.   Attorney Segura’s strategy was to have all evidence ruled inadmissible.  Segura argued that although Client did weave within his lane, there was nothing unsafe about those movements and therefore officer did not have reasonable suspicion to stop client’s vehicle.  All charges were dismissed.  

State v. R. S. W.
NOT GUILTY
DWI

65-year-old Client ran a red light causing a major accident.  Client smelled of alcohol and could not stop crying.  Sobriety tests were administered with poor results.  Client exercised her right not to provide a sample of breath.  At trial, Attorney Segura argued that the sobriety tests were not fair because client was more than 80 pounds overweight.  Client testified and told the jury that she was not intoxicated but simply grieving after the death of her husband.  Client was cleared of all charged when the Jury returned a verdict of Not Guilty.

State v. L. A. F.
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