DUI HERO OF THE DAY AWARD GOES TO.... Josh Price!!! After battling the San Diego City Attorneys office and demanding a speedy trial, which the DCA initially said they needed a continuance because they did not have their analyst (who they claimed just left for vacation), decided they would instead announce ready and move forward with a substitute analyst (despite the U.S. Supreme Court saying a defendant has a 6th Amendment right to confront his or her accuser) who was simply going to parrot other analysts work (although she had no personal knowledge of the testing of the blood, which was claimed to be a .33% BAC). Josh objects, court says, thats fine and sends the case to presiding to be sent out for trial. Prosecutor says theyll go forward and if trial court doesnt allow parrot testimony, theyll ask for another continuance from the trial judge. Trial judge agrees with Josh that Prosecutor cant use parrot witness and grants continuance of trial over defense objection to a date beyond the statutory time limit. On 30th day (last lawful day for trial) Josh files motion to dismiss. Client is a small business owner who had made arrangements to be in town for original trial date. She gets jerked around as Prosecutor shucks and jives. Case gets sent out for trial on the continued trial date. Judge denies speedy trial motion, even though Josh establishes new analyst could have retested the blood and had the result within the statutory speedy trial deadline (making her a witness with personal knowledge instead of a parrot), but made no effort to do so. Judge denies speedy trial motion. Josh ask for a stay (halt) of the proceedings so he can do more work and file a Writ challenging his decision. Judge gives him time. Josh works his ass off and gathers the record, puts together a Writ and gets it filed ASAP. In a 9 page tentative ruling, the Appellate Division (no friend of DUIs, particularly .33% DUIs) states it will be issuing an order directing the trial court to rescind its order denying the motion to dismiss and replacing it with an order granting the motion to dismiss! GO JOSH!!!! LEGAL HERO OF THE DAY/WEEK/MONTH!!!
Posted on: Tue, 09 Sep 2014 22:20:00 +0000
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