Client Keeps His Taxicab Permit After Assault & Battery Case Aquittal
Assault & Battery
My client, a taxicab driver, was charged with committing a battery against another taxicab driver at the Millbrae BART Station. The District Attorney's theory at trial was that my client hit the alleged victim due to his anger at the victim for cutting in front of him in the taxicab line to pick up fares. The charge was very serious to my client because if he was convicted he would lose his permit from the city of Millbrae to pick up fares within their city. This would have meant that he could not operate his taxi within the city of Millbrae where he had developed his client base. At trial, the District Attorney's case consisted of three witnesses, including the victim, the arresting officer and a minister who all testified that my client punched the victim in the face two times without provocation. The District Attorney also presented photographs depicting significant black eyes of the alleged victim that they purported were taken at a hospital following the alleged incident. On cross-examination we exposed that the alleged victim had lied on a previous welfare application and was actually the initial aggressor in the altercation. On cross-examination we presented photographs of the scene to the jury and the eyewitness. After carefully weighing the evidence the jury found my client not guilty of all charges, including the lesser included offense of assault. In speaking to some of the members of the jury after trial I learned that they jury acquitted my client because they believed that my client was acting in self-defense and that the District Attorney's star eyewitness could not have witnessed the incident from where he testified that he was standing at the time of the alleged battery. Therefore, after my client's acquittal my client was able to keep his taxicab permit with the city of Millbrae and his only source of revenue.