Officer’s lack of knowledge as to tinted windows when testifying at a DMV hearing results in a set aside, DMV case dismissed!

An Upland Police Officer failed to adequately testify that he observed illegal car tinting windows that he stopped in April 2016.  The DMV set aside or dismissed the case because the officer was unable to recall the level of tint.  The officer was unable to recall the the level of tint, whether it was “limo” tint or whether he asked the driver if it was after market tint or that the tint was over 30%.  Lacking other observations to establish probable cause, the case was dismissed and my client’s license was returned to him.

The law requires that at least 70% of light be able to transmit through window tinting from the dealer.  Nearly all after market tint is illegal including limo tint.

Drunk in Public case dismissed in Victorville Courthouse, San Bernardino County.

On August 31, 2016 my client’s case of drunk it public was dismissed because the officer submitted only a citation and not a full police report, which is commonly done.  In order to prove a drunk in public, a blood alcohol test is not required.  The standard of proof is whether the defendant is blocking the roadway or else is so intoxicated to be a danger to himself and/or others.  Since there was no report, the DA could not determine whether this standard was met.  As a result, my argument to dismiss the case was granted.  All charges were dropped on the first pretrial hearing.

Proposition 47

Did you know that under Proposition 47, a law passed in 2014, that all convicted felons who plead guilty to certain low grade felonies like fraud (less than $950), theft (less than $950 excluding Penal Code section 666) or drug possession may be able to able to reduce their cases to a misdemeanor?  If the applicant registers as a sex offender under penal code section 290(c) or the applicant has a serious offense charged on Penal Code Section 667(e)(2)(C)(iv), no matter how long ago, he or she cannot reap the benefits of Prop. 47 reduction to a misdemeanor.  Charges such as possession of a controlled substance, marijuana, cocaine and others can be reduced as well as petty theft with prior cases.  In the case of petty theft with a prior, if your prior theft charge is excluded under Penal Code Section 667(e)(2)(C)(iv), then you cannot reduce the charge.  But the vast majority of cases would be reduced.  Penal Code Section 667(e)(2)(C)(iv) specifies any serious or violent felony offenses punishable by life in prison or by death.  If you plead to or were found guilty of any of these charges, odds are you would still be in prison.

MP900341775

New Rules for Recalling Misdemeanor Warrants in Victorville Court

The Victorville Courthouse has recently changed their rules for reserving court dates.  Traditionally a person could recall a warrant for a felony or misdemeanor the same day they “walk the case in” as long as you arrived at the criminal window prior to 8 a.m.  Now, a defendant must reserve a court date to have a misdemeanor warrant recalled.  The same day rules for recalling a felony still apply.  I recently recalled a misdemeanor warrant in court and was given a calendar date about 10 court days out.  What this means is that even though you place yourself on calendar in court, you can still be arrested by the police until that warrant is recalled.  This court policy will increase the possibility that defendants will be picked up on a misdemeanor warrant because the warrant time will be extended between the dates the defendant goes into court and the actual date that the warrant is recalled.

Nedron Green is Acquitted of Rape

On April 14, 2015 before the Honorable John Tomberlin in the Victorville Superior Court, Nedron Green was acquitted by a jury of his peers of the charge of forcible rape.  Nedron Green hired Attorney Brian Skibby of the Law Offices of Brian E. Skibby who represented him in his 5 day trial.

Below is the original article from Mr. Green’s arrest.

By Jose Quintero
Staff Writer
Posted Sep. 9, 2014 at 4:54 PM
Updated Sep 9, 2014 at 4:57 PM

VICTORVILLE — An Adelanto man accused of raping a woman while she baby-sat at his friend’s Barstow home over the weekend was facing felony charges in a Victorville courtroom this week.

Nedron Lavoy Green pleaded not guilty Tuesday to rape by force or fear charge, a felony, court records show. Green, 24, in due back in court Sept. 17 for a pre-preliminary conference, court records show.

Barstow police arrested Green early Saturday morning at Mollie’s Pub, located at 1309 East Main Street, after the 19-year-old victim reported the rape Friday night.

Police responded to an apartment on the 500 block of East Fredricks Street for a report of a rape at approximately 10:47 p.m. Friday night, police said. The victim told police a man pushed in the “unlocked, slightly ajar” front door and walked inside while she was baby-sitting a child.

The victim allegedly told the man to leave, but he forcibly raped her and then left the apartment, police said.

Police began their investigation and learned the alleged suspect was an acquaintance of the woman for whom the victim was baby-sitting. Police immediately began a search for Green and received a tip at approximately 1:30 a.m. Saturday morning that he was at Mollie’s Pub.

“When the victim told the mother what happened, the mother provided Green’s name and his Facebook profile to officers who were able to locate him,” Lt. Mike Hunter said.

Police arrived at the pub, then detained and arrested Green on suspicion of rape by force or fear, police said.

Green is currently being held at High Desert Detention Center in Adelanto in lieu of $250,000 bail, booking records show.

The investigation is ongoing and anyone with information is asked to call the Barstow Police Department at 760-256-2211. Those wishing to remain anonymous can call the WeTip Hotline at 800-782-7463 or leave information on the WeTip website at http://www.wetip.com.

Jose Quintero can be reached at 760-256-4122 or JQuintero@DesertDispatch.com. You can also follow him on Twitter at @DD_JQuintero.