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The results described are based on the specific facts and circumstances of those matters. Past results do not guarantee or predict a similar outcome in any future case.

Dismissed at preliminary hearing

Firearm possession and concealed weapon — Norfolk

The situation
Our client faced charges of possession of a firearm by a convicted felon and second-offense carrying a concealed weapon at a preliminary hearing in Norfolk General District Court.

The work
Dante Wright cross-examined the officers about the evidence linking our client to the firearm. Officers found an object resembling a gun holster on our client, but no firearm. The gun was recovered elsewhere outside an apartment complex, away from our client. No link to the client or the holster was established; fingerprint testing was inconclusive, and no DNA evidence connected him to the firearm.

The result
Both charges were dismissed at the preliminary hearing and were not certified to circuit court.

Domestic assault and battery dismissed

Domestic assault and battery — Newport News

The situation
Our client, a Navy servicemember, faced a domestic assault and battery charge involving her child’s father.

The work
Dante Wright called our client to testify about the incident, introduced photographs showing bruising and redness on her neck and injuries to her face, and cross-examined the complainant.

The result
The Newport News Juvenile and Domestic Relations District Court dismissed the charge. Considering our client’s injuries and the absence of evidence of significant injuries to the complainant, the judge could not determine who was the aggressor.

Nolle prosequi

Felony eluding

The situation
A vehicle registered to our client was clocked at more than 100 mph and crashed near a wooded area after police gave chase. It was empty when the officer arrived. Our client was charged with felony eluding.

The work
The vehicle’s registration and personal items linked it to our client, but the officer had no description identifying him as the driver. Phoenix challenged whether the evidence established who was driving. Our client reported the vehicle stolen that night and said he was elsewhere with a sibling.

The result
The Commonwealth chose not to proceed with the felony-eluding charge, which was resolved by nolle prosequi in circuit court.

Strangulation dismissed

Strangulation — Chesapeake Circuit Court

The situation
Our client faced strangulation and domestic assault and battery charges in Chesapeake Circuit Court following a physical altercation with a partner.

The work
Dante Wright cross-examined the complainant about the reported effects of the altercation. The testimony included no loss of consciousness, no neck marks or bruising, and no hospital treatment or documented neck injury. The defense challenged whether the evidence established the bodily injury required for the strangulation charge and moved to strike.

The result
The court granted the motion to strike and dismissed the strangulation charge. On the separate domestic assault and battery charge, the court found sufficient evidence but granted a first-offender deferred disposition. That charge was not dismissed at this stage.

Car Accident

$730,000

The situation. Our client was a passenger in a vehicle when the driver turned into oncoming traffic. A severe arm injury required emergency surgery.

The work. The vehicle’s policy provided $250,000 in coverage. Phoenix pursued an underinsured motorist claim and stacked multiple policies for an additional $480,000 in coverage.

The result. We recovered $730,000 for our client.

Not Guilty

DUI: 2nd Offense

The situation
A stop for failing to obey a highway lane marking led to charges of second-offense DUI and refusal of an official breath test.

The work
The officer reported a slight odor of alcohol and slightly slurred speech. There were no field-sobriety or chemical test results. Phoenix challenged whether the evidence proved DUI beyond a reasonable doubt.

The result
The court found the client not guilty of second-offense DUI because the evidence did not establish guilt beyond a reasonable doubt. The client was convicted of the separate refusal charge.

Case Dismissed

Reckless Driving

The situation
Our client faced a reckless-driving charge involving a radar speed measurement.

The work
At trial, the officer could not confirm that the radar had been checked before and after the shift and found accurate. No calibration certificate was presented. Dante Wright moved to strike the evidence.

The result
The court granted the motion to strike and dismissed the reckless-driving charge.

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