Jury Trial Just Completed on a Drunk Driving Case. Case Dismissed After Jury Returns with a Hung Jury Verdict.
PEOPLE v. RODRIGUEZ, Dept. 70, Metropolitan Courthouse – Los Angeles
Copy of the Minute Order Reflecting The Verdict and Dismissal Will Be Updated Shortly
Mr. Feyzjou recently tried a case where the prosecution alleged a violation of Vehicle Code 23152(a) and 23152(b). The case went to jury trial. Mr. Feyzjou cross-examined the police officer and chemist. The jury deliberated for a day and returned indicating that they could not come to a unanimous decision regarding guilty. The jury was deadlocked 10 votes for not guilty and 2 votes for guilt on the issue of impairment. Additionally, the jury was deadlocked 7 votes for not guilty and 5 votes for guilty on the issue of whether the client was driving on a blood alcohol concentration of .08 or more.
After the jury returned with their verdict, Mr. Feyzjou filed a motion to dismiss the entire case pursuant to Penal Code 1385. The judge granted this request on the theory that the Judge, as the 13th juror, could independently evaluate the the case and determine whether the matter should be refiled.
After hearing the evidence, the court determined there was insufficient evidence to warrant a re-trial and the case was dismissed.