PEOPLE VS. M.D.
Our client was charged with a DWI and failure to stop at a stop sign. The prosecutor could not offer a reduction to our client based on the county policy of not reducing charges of anyone alleged to have refused the breath test. However, our client was adamant that he was not guilty of DWI and insisted that he would not plead guilty to anything other than Driving while Ability Impaired (DWAI), a traffic infraction. Kevin O’Brien, a member of our trial team handled a probable cause hearing, where we were able to elicit valuable testimony that was favorable to our client. Mr. O’Brien was then able to use this testimony at the subsequent trial of our client. At the trial our client was found not guilty of DWI, a misdemeanor. He was convicted of DWAI and failing to stop at a stop sign, both traffic infractions. This allowed our client to maintain a clean criminal history and avoid having to install an Ignition Interlock Device on any vehicle that he owned or operated.