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Law Offices of Virginia L. Landry, Inc. Law Offices of Virginia L. Landry, Inc.
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  • All Charges Dismissed BAC Breath .17 – 4th Time DUI – Driving on Suspended License – Hit & Run

    West Orange County Justice Center – Department W15 Client fled the scene after a traffic collision and was later found and detained by law enforcement. Law enforcement determined that the client was driving at an unsafe speed for the dark conditions on the road and failed to stop before colliding with the rear of another vehicle. Police officers conducted a DUI investigation after detecting an odor of an alcoholic beverage emitting from the client’s breath. A check through the system revealed that there were three outstanding warrants for previous DUI cases and the client was also on probation.

    Defense and Result: After a significant amount of time was spent on reviewing all evidence in the case, several court appearances and many discussions with the District Attorney, an agreement was made that sentencing would run concurrently with all cases. The probation violation was dismissed, charges of driving without a valid license were dismissed, and the Failure to Appear charges were dismissed.

  • Case Dismissed BAC Breath .09 – 1st DUI/Under 21/Zero Tolerance and Providing False Information to Police Officer

    West Orange County Justice Center – Department W15 Client was driving a motorcycle and was pulled over by to law enforcement for allegedly failing to signal while changing lanes and for allegedly running a red light. Client was under 21 at the time of the stop. The officer documented symptoms of being under the influence, field sobriety test results and preliminary alcohol screening results. The officer formed an opinion that driver was under the influence of an alcoholic beverage leading to client’s arrest. Client was charged with 2 counts of driving under the influence and 1 count of unlawfully providing false information to the police officer.

    Defense and Result: Defense attorney conducted thorough investigations and evidence review. Paperwork for a motion to suppress evidence hearing was filed and the hearing was heard in front of a Judge. Witnesses, including the police officer, were sworn in and testified. The motion to suppress evidence was granted and all 3 charges were dismissed.

  • All Charges Dismissed Driving under the Influence of Drugs, Under the Influence of Controlled Substance

    Harbor Orange County Justice Center - Department H1 Client was allegedly involved in a road rage incident and law enforcement conducted an investigative stop. A Drug Recognition Expert (DRE) evaluated client at the custody facility and conducted psychophysical and sobriety tests on client. The DRE’s opinion was that client was under the influence of drugs. Other types of drugs, both illicit and prescription drugs, were found in client’s vehicle.

    Defense and Result: Several pre-trial court appearances were made and discovery was received by defense attorney. Discovery was reviewed extensively, including the evidentiary blood samples. Months of negotiations took place and charges were dismissed.

  • Case Dismissed BAC Blood .11–1st DUI, 2 Vehicles Code Charges with 3 Charges of Child Abuse & Endangerment – 5 Charges Total

    Harbor Orange County Justice Center - Department H1 Law Enforcement received a radio broadcast for a possible DUI driver on the road. A description of the vehicle and location was provided. Police officer observed client driving and stopped vehicle after he allegedly observed the vehicle failing to track the curving roadway properly. There were 3 persons under the age 18 in the vehicle. A DUI investigation followed and field sobriety tests were administered. Client was arrested for driving under the influence of alcohol. In addition, client was charged with 3 counts of child abuse and endangerment.

    Defense and Result: After months of investigations and evidence review, a motion to suppress evidence hearing was held in the Harbor Justice Center. Witnesses were questioned and cross-examined. Exhibits were submitted into evidence. After considering all the facts and evidence submitted, the Judge granted defense’s motion to suppress evidence. The people stated they were unable to proceed further with the case and all 5 charges against client were dismissed.

  • Case Dismissed Blood Test for Drugs – 1st Time DUI/Drugs

    North Orange County Justice Center - Department N7 Client was contacted by law enforcement after allegations of suspicious activity. While officer checked the parking lot for criminal activity, he allegedly heard the sounds of voices and car doors closing from an adjoining business complex. Officer then allegedly observed brake lights illuminate to a vehicle and ran back to his own patrol. He then allegedly observed a vehicle exit the adjoining business complex. Officer proceeded to initiate a traffic stop of the vehicle and a DUI investigation followed shortly thereafter. Defense and Result: After thorough investigations and witness interviews, defense had enough information to believe that the search of client was based on illegal conduct. The search was based on illegal conduct. A motion to suppress evidence hearing was scheduled. Witnesses were called to the stand, questioned and cross-examined by defense. Exhibits were entered into the record as evidence. As a result, the Judge granted defense’s request and motion to suppress all evidence against client. The case was subsequently dismissed.

  • Case Rejected BAC Breath .06 – 1st DUI/Under 21/Zero Tolerance

    Bellflower Justice Center - District Attorney’s Office - Law Enforcement contacted client during the course of a traffic collision investigation. The time of the collision was established from a 911 call received by law enforcement dispatch. The police officer administered a series of field sobriety tests and determined that client was driving under the influence of alcohol at the time of the collision.

    Defense and result: At the courthouse, the defense attorney discussed the case and specific issues with the District Attorney in regards to this incident. After some time and a lengthy conversation, the District Attorney determined that he would not be filing the case against our client and officially rejected the case.

  • Charge Reduced BAC Blood .08 – 1st DUI

    Los Angeles Metropolitan Justice Center - Department 60 Client was stopped by law enforcement for allegedly not having his rear tail lights activated and for crossing over double solid yellow lines on the road. Once stopped law enforcement said they noticed signs of impairment (red, watery eyes, distinct odor of alcohol) and allegedly smelled marijuana in the vehicle. There was an open, empty bottle of liquor found in the vehicle. Field sobriety tests were administered to client which were performed unsatisfactorily according to the police. Client was arrested and refused to take a chemical test for blood alcohol concentration.

    Defense and Result: It was proven that client did not knowingly refuse the chemical test. After reviewing all evidence, there was insufficient evidence to sustain the refusal issue. Client was able to keep his driving privileges with the DMV and the case was reduced to a Wet Reckless in court.

  • Case Reduced to Wet Reckless BAC Blood .08 – 1st DUI

    Orange County North Justice Center - Department 9 - Law Enforcement was dispatched to a scene where client collided with a vehicle and fled the scene. The authorities located the client and held an investigation to determine if client was the driver of the vehicle involved in the collision. Client admitted driving the vehicle to law enforcement. A DUI investigation ensued and client was subsequently arrested for driving under the influence of alcohol. Client chose to take a blood test after the arrest was made.

    Defense and Result: Several court appearances were made which included lengthy discussions with the Assistant District Attorney. Issues included a language barrier and witnesses involved in the case. After thoroughly reviewing all evidence, the case was reduced to the Wet Reckless.

  • Case Reduced to Wet Reckless BAC Blood .09 – 1st DUI

    Los Angeles County Long Beach Justice Center-Department 6 - Client was contacted by law enforcement for allegedly having a headlight out on his vehicle. The officer stated that client had bloodshot, glass and watery eyes. Officer also stated that client’s speech was thick and slurred. Officer administered Field Sobriety tests on client including the Horizontal Gaze Nystagmus, Vertical Gaze Nystagmus, One Leg Stand and Finger to Nose tests. Client admitted to having a glass of wine. Client was subsequently arrested and chose to take a blood test.

    Defense and Result: The Assistant District Attorney assured Defense Attorney that they do not reduce cases with blood levels at .09. After several court appearance, discussions with the D.A. and reviewing the evidence in the case including the video, the case was reduced to the Wet Reckless.

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