PEOPLE VS. S.D.

This case our client was charged with two misdemeanor counts of driving while intoxicated, allegedly blowing above a .08 on the breathalyzer. We were first able to keep our client’s Commercial Driver’s license at arraignment, this allowed him to avoid the mandatory suspension while the case was pending. Our client has a CDL and drives for a living so we needed to make sure that he was able to keep his job and business which requires him to have his license. The original offer was a DWAI but that reduction did not help our client as it would result in him having his license suspended and not being able to drive commercial vehicles. We filed motions and appeared for a hearing. At the hearing we watched the video with the ADA and pointed out the legal issues with the stop and subsequent arrest. The ADA offered an out of policy plea to Reckless Driving. Our client was able to plea to this charge without losing his license. This result was not only outside of this particular DA’s office policy, it also allowed our client to keep his job and avoid any conviction related to alcohol. If our client had plead to any alcohol related job his CDL would have automatically been revoked for a minimum of one year, because of our efforts he never missed a day of driving.

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