Criminal Case Results
DUI CHARGES DISMISSED-SUNDAY SCHOOL TEACHER ARRESTED FOR DUI AFTER TAKING AMBIEN
Our client, a Sunday school teacher and single mom from Highlands Ranch, took Ambien and went to sleep. When she woke up she was in the county jail. She had no memory of what happened in between. After thoroughly investigating this case, we were able to piece together that she had gotten out of bed, got in her car and left her house entirely unaware of what she was doing. Other drivers called the police because of her erratic driving. When the police found her, the car had high-centered on the median, and was asleep behind the wheel. The officer then arrested her for DUI. Fuicelli & Lee hired reputable experts to analyze the case. These experts determined that this was a classic case of sleep driving caused by Ambien. Thus, the client was not acting voluntarily when she got behind the wheel, which meant she cannot be legally responsible for her actions. Faced with this strong evidence, the District Attorney dismissed the DUI charges.
CASE DISMISSED-COLLEGE STUDENT ARRESTED FOR DOMESTIC VIOLENCE FOR SLAPPING BOYFRIEND TO WAKE HIM UP
Our client, Jane Doe, had been out drinking with her boyfriend. The boyfriend became very intoxicated and was on the verge of passing out. In the past, when her boyfriend became this drunk he had assaulted Ms. Doe. Because of this past, when her boyfriend started to fade in and out of consciousness she slapped him on the face to keep him awake. Although she succeeded in keeping him awake, the two began to argue about his drinking. Eventually, he called the police so that he could get his things from the apartment. Upon learning of the events of the evening, the police arrested our client for slapping her boyfriend. We were able to show the District Attorney that our client was actually a victim of Domestic Violence herself and had slapped her boyfriend to keep him from passing out. With this information, the District Attorney dismissed all charges.
FUICELLI & LEE SECURES NOT GUILTY VERDICT FOR YOUNG MAN WRONGFULLY ACCUSED OF RAPE
The "victim" in this case was claiming that our client had non-consensual sex with her after she passed out drunk at a high school "pants party." Apparently a "pants party" is a party where people exchange their pants with others at the party. The firm's client maintained the "victim" fully consented to the sexual encounter and that he had no idea how drunk she later claimed to be. In this case there was no dispute the two had sex that night because the "victim" had the client's child nine months later. In fact, before that night the two did not know each other and they had not seen each other since. Interestingly, the claim of "non-consensual" sex only arose after the child was born and after the "victim" learned the father was not her boyfriend at the time. After making the allegation, the police had the "victim" make a pretense phone call to the firm's client. The client had no idea the police were monitoring the phone call. The "victim" begged the client to admit to raping her "so she could get closure." Shocked by the allegation of non-consensual sex, the firm's client adamantly denied the sex was anything but 100% consensual. He was also interviewed by a police detective who also tried to get him to admit the sex was non-consensual. The firm's client again denied the allegations of rape. In fact, throughout the entire ordeal the firm's client maintained his innocence. Ultimately the case went to trial in Jefferson County District Court. Throughout the trial we were able to demonstrate multiple inconsistencies with the "victim's" story as well as the shocking shortfalls of the police investigation. Faced with the lack of evidence in the case, as well as the numerous problems in the investigation, the jury found the firm's client not-guilty of the accused sexual assault.


