Not Guilty Verdict at DUI Trial and Motion for New Trial Granted as to Other Charges
Our client was charged with CVC 23152(a) and CVC 23152(b), commonly referred to as driving under the influence of alcohol. Our office represented the client at trial. On June 3, 2019, the verdicts were read by the Court. The jury found the defendant NOT GUILTY of driving with a blood alcohol concentration of .08 or more (CVC 23152(b)) and guilty of driving while impaired (CVC 23152(a)). During closing arguments, attorney Kia Feyzjou objected to certain statements made by the prosecutor to entice the jury to return a guilty verdict. Mr. Feyzjou felt that the statements were contrary to law and aimed to influence the jury’s passion in voting guilty.
CLICK HERE TO SEE THE CASE PRINT (PAGES 1-3) SHOWING THE VERDICTS
Since there was a split verdict of guilty and not guilty, the court set sentencing for August 2, 2019.
However, prior to sentencing, on June 27, 2019, Mr. Feyzjou filed a MOTION FOR NEW TRIAL alleging prosecutorial misconduct.
CLICK HERE TO SEE THE DEFENSE MOTION FOR NEW TRIAL BASED ON PROSECUTORIAL MISCONDUCT
On July 26, 2019, the Riverside District Attorney’s Office filed the opposition to the defense motion for a new trial
CLICK HERE TO SEE THE PROSECUTOR’S OPPOSITION TO THE MOTION FOR NEW TRIAL BASED ON PROSECUTORIAL MISCONDUCT
On August 2, 2019, the court granted the motion for new trial as to the GUILTY CHARGE. As such, our client was never found guilty of that DUI charge and a retrial will be scheduled soon.
CLICK HERE to see the COURT ORDER GRANTING THE MOTION FOR NEW TRIAL
In summary, we learn one thing. If you’re on our website and deciding which lawyer to hire, you’re doing the right thing. Spend time to review the attorney’s awards, achievements and accolades. Also, it is important to see if your proposed attorney is aggressive in a courtroom. When Mr. Feyzjou determined that there is a violation of the law, he immediately filed an objection and a Motion for New Trial. The motion was ultimately granted.
Be aggressive and find the right lawyer to defend you against charges that you feel may be unjustified. We can be reached at (951) 686-4818 and always offer a free consultation.