PEOPLE VS. B.M.
In this case the client was charged with a DWI, DWI above .08, and Aggravated DWI above .18. The client was adamant that he had not been intoxicated as the officers and paperwork suggested. He didn’t deny that he might have been slightly impaired but would not plead to something he didn’t believe himself to be guilty of. We were working in a county were they would not reduce the case to a DWAI. Thus we prepared the case and the client to go to trial. The facts from the law enforcement allegations and paperwork were bad. However, after talking with several witnesses and preparing their testimony, we were able to draw a picture that our client felt much more accurately represented the night. Our client had been involved in an accident after an animal jumped in front of him. He hit another parked car and hit his head. We believe this caused a concussion which in turn caused our client to become disoriented an vomit. The disorientation accounted for his poor performance on the field sobriety tests and we believe the vomit may have altered the results in the breath test, contaminated his air with his stomach contents. During trial we had a jury who listened carefully to the case and concluded that there was reasonable doubt as to our client’s guilt on each of the DWI charges. They did convict our client of a DWAI, which he was more than willing to accept as he believe he was impaired. This result showed the hard work of our attorneys on a case with difficult facts. It also allowed our young client to avoid a criminal record and continue with his schooling and career goals.