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Todd Landgren
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My congratulations to Micheal Phillips of my office.  Two motions to suppress were granted last week resulting in a dismissal of both DUI cases.  It's difficult to win "PC to stop motions" and the judge was very complimentary of his knowledge and arguments in the mattersw.

My congratulation to Michael Phillips of my office.  Two recent motions to suppress for lack of "probable cause" to stop and detain, were granted in the Harbor Justice center.  This resulted in both DUI cases being dismissed!  Good Job Mike!

ALMOST TOO GOOD TO BE TRUE!  SIX DMV SET ASIDES SO FAR THIS YEAR.  With a little research and  a mini brief for the hearing officers, they seem to be coming around.  Probable cause issues are NOT dead.  Police videos are also  helping to discredit the officers testimony and leading toward more wins!

A RARITY OF RARITIES! MARY ANN PHAM OF ORANGE DRIVERS SAFETY SET ASIDE A REFUSAL SUSPENSION! IN THIS CASE, MY CLIENT, A YOUNG LAWYER, TESTIFIED THAT HE DIDN'T "REFUSE" BUT RATHER DID NOT ANSWER THE COPS QUESTIONS , INCLUDING "WILL YOU TAKE A TEST" BY EXERTING HIS FIFTH AMENDMENT RIGHTS AND REFUSING TO ANSWER ANY QUESTIONS OF THIS OFFICER WHO WAS VERY INTIMIDATING AND THREATENING ADDITIONAL CHARGES RELATING TO ANSWERS TO HIS QUESTIONS. CLIENT TESTIFIED THAT " I NEVER REFUSED TO TAKE A TEST, I JUST REFUSED TO ANSWER ANYTHING THIS SPECIFIC COP ASKED OF ME, INCLUDING WILL YOU TAKE A TEST" IM GOING TO FRAME TO NOTICE!

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Probably old news to all that care, but just a reminder,  ALL Costa Mesa filings, both misdemeanor and felony, after Monday the 18th, will be filed in West Justice Center, NOT in Harbor Court.  Make sure to check BOTH courts for awhile, in case there is a screw up. Don't just assume that it's just another Harbor DA late filing when it doesn't appear on calender.

I will soon be starting an on-going blog to discuss what NOT TO DO if stopped and questioned concerning a suspected DUI. I believe it will be very helpful for individuals faced with the predicament of what to do or say if stopped and they have been drinking.  I will be interested in your feed back.

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The fewer questions you answer, when detained for a DUI investigation, the better.  Wrong answers get you convicted.  You have the right NOT to answer their questions, exercise that right.  Ask to speak with your attorney before you talk and incriminate yourself. The police questions are designed to convict you, think, don't talk.  Don't however,  refuse test if arrested.
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