PEOPLE VS. D.M.
In this case, our client was charged with DWI as a misdemeanor, refusal to take a preliminary breath test, and a traffic infraction. Our client was also alleged to have refused to take the breathalyzer. The case carried with it potential consequences that reached far beyond a misdemeanor conviction, given that our client was a licensed professional who needs to be in good standing to practices his given profession. As such, our client knew that he needed to fight the case all the way through trial if necessary. We were first able to win the refusal hearing and allow the client to keep his license while the case was pending. After that we proceeded towards trial because the only offer we were able to procure was an alcohol related offense. On the day of two members of our trial team, Kevin O’Brien and Michael Viscosi, were prepared and ready to litigate the case. Given the result and transcript from the refusal hearing, the ADA made a new offer immediately prior to the commencement of the trial. This new offer of a parking ticket and a 2 point violation of the vehicle and traffic law allowed our client to avoid any potential consequences to his professional license, to keep his New York State driving privileges, and avoid any alcohol related conviction.