To all our current and prospective clients: In light of the National Emergency, our office will still be operational from either our office or remotely depending on the status of events. Either way, we still answer all of our calls directly 24/7. The best way to get a hold of us would be through our office number (951) 686-4818 or email (kia@kialaw.com). Our day-to-day operations depend on the safety of our staff and the courts being open for business. Feel free to reach out to us to inquire about your case or discuss any new cases with Mr. Feyzjou at the number above. Stay safe and we remain hopeful that this too shall pass with everyone’s health and safety in mind.

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

SEE PDF OF DISMISSAL OF ALL CHARGES AFTER JURY TRIAL

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.

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