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Luby Law Firm

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8215 S.W. Tualatin Sherwood Rd., Ste. 200
Tualatin, OR  97062-8441
Office (503) 404-2468
Fax (503) 404-3356
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Davenport Wins (Again)

Posted on 04/22/2011
Attorney Kevin Davenport obtained "Not Guilty" verdicts on all charges following a two day jury trial in Clackamas County Circuit Court on April 21, 2011. The client, Greg S., was facing four Class A Misdemeanor charges related to a minor collision on SE 82nd Ave. near the Hwy 224 exit. Greg S. was charged with three separate misdemeanors related to accusations of recklessly and/or intentionally causing contact between his truck and another vehicle traveling the same direction. Although the collision occurred the defense was that it was an accident, the result of the other vehicle being in the client’s right rear blind spot. The other vehicle skidded into the right side guard rail after the collision. Greg S. was also charged with Failure to Perform the Duty of a Driver [Hit and Run] for failing to stop his truck immediately at the scene. The defense was that Greg S. stopped his truck at the nearest, safest place he could find on the roadside, which was about 500 yards from the collision scene, where he waited for law enforcement to arrive.

Following the trial, the jury deliberated for approximately two hours. During deliberations the jury requested review of a short video recording that was put into evidence by the defense to show the scene of the collision, the road conditions, and the distance of travel by the client. Also important for the not guilty verdicts was the expert opinion of Bernard Maddox, a forensic engineer withTalbott and Associates, Inc. who was retained to help with collision scene analysis and to testify for the defense.

After the jury verdict, Greg S. stated that the favorable outcome was absolutely necessary. "Now I will keep my driver’s license, and therefore I keep my job." The client is employed as a copy machine supervising service technician, a position he has held for nearly 20 years.