Results For Aggravated DWI In NY Cases

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People vs. KJ

Our client was charged with DWI and DWAI-drug after an accident in a parking lot this summer. Those charges were dismissed after demonstrating to the DA that their cops’ investigation was poorly performed and after explaining the blood draw to them.

The blood draw revealed amphetamine and marijuana. However, our client had a prescription for Adderall. We explained to the DA that their toxicology report couldn’t differentiate between amphetamine that was being taken as prescribed versus something taken beyond a prescribed dose, and I reminded them that amphetamine only helps people focus. Although she didn’t get her medical marijuana card until after the accident, 11-nor-9-carboxy-THC was the only metabolite present and it has no psychoactive qualities that would have impaired her while she was driving. This suggested she hadn’t smoked in a few days. Law enforcement’s observations of her at the accident scene were simply not supported by what was actually in our client's blood, which made us question their credibility and believability. In fact, the allegations of both slurred and fast speech were contradictory. Moreover, the findings of 6/6 clues for the HGN test suggested that the deputy administered the test incorrectly as opposed to there being a substance causing nystagmus, especially because neither cannabis nor amphetamine causes nystagmus.

People v. MH

Our client’s initial offer was to plead guilty to a DWI, with a BAC of .27.  This would leave our client with a criminal record for the rest of his life.  We believed there was an issue with the stop, so we pushed forward.  At hearings the officer said he stopped the vehicle because of a welfare check. He admitted there were no traffic infractions and that the stop was based solely on the concern for the wife.  After the hearings, we submitted a memo of law outlining our issues.  In the end, the Judge ruled that this was in fact, a bad stop and suppressed all the evidence and as a result, the case was dismissed.

PEOPLE V. C.W.

Our client was arrested for DWI, Leaving the Scene of a Personal Injury Accident, and Failed to Keep Right. It was unclear if our client or his friend was driving. Our client was very concerned as he is in the process of becoming a Corrections Officer and a DWI conviction would make that difficult, if not impossible. Our attorneys discovered our client was in possession of valuable information that could assist the DA’s Office in felony prosecutions. In exchange for our client’s cooperation with all testimony at Grand Jury the DA’s Office dismissed the case in the interests of justice. Our client was left with no criminal record and his career plan of becoming a Corrections Officer intact.

PEOPLE V. A.R.

Client was arrested for DWI after he swerved to avoid an animal in the road and his car went into a ditch. Police arrived and put him through FSTs and gave him a breathalyzer. After blowing a .00, he consented to a blood draw. Client had a prescription he was taking as prescribed. However, client had an extensive criminal history and the arresting officer told our client that even prescription drugs were covered by DWI. Our attorneys pointed out the legal problems with the police work and conclusions. Although our client was on parole for other charges, the DA agreed with our attorneys allowed our client to plead guilty to one Moved from Lane Unsafely traffic ticket in full satisfaction.

PEOPLE V. J.T.

Our client is an air traffic controller for the Army and holds a security clearance. He was snowmobiling the night of his arrest and was stopped on his way home for operating a snowmobile after midnight. He was arrested and taken to the station where he blew a .23. Our attorneys explained that our client would lose his job/career with a misdemeanor conviction. By presenting legal proof regarding the BAC and equities tied to his career, we were able to obtain an SWAI (no criminal) result, protect our client’s job, and have the record of his conviction sealed.

PEOPLE V. G.H.

Our client is a combat veteran currently serving in the Army who has been diagnosed with severe PTSD. Our client was approached by Troopers after he pulled over to rest. He submitted to a breath sample and blew a .15. He was ticketed with two counts of DWI, No Stopping/Standing on Pavement, and Improper use of 4 Way/Hazard lights. Our attorneys met with the ADA before the client’s arraignment and explained that he wanted to be a firefighter, was leaving the Army soon on a medical discharge. Through extensive negotiation and presentation of equities our client was offered a plea to one count DWAI, with the minimum fine. This allowed our client to pursue his chosen post-military career as a firefighter.

PEOPLE V. D.F.

Our client was driving back from a party and became distracted which caused him to stop paying attention and swerve out of his lane. He was stopped and ultimately took a Breathalyzer yielding a .13. Our client is enlisted in the Army, and the Army is currently reducing its numbers. Anyone who receives an alcohol related conviction can be discharged and their benefits are terminated. Our client confirmed this with his chain of command. After ongoing negotiations, our client was allowed to plead to one count of Reckless Driving and one count “Moved from lane Unsafely.” Our client was very happy that his Army career was not affected, as he plans on serving a full career and retiring from the Army.

PEOPLE V. M.B.

Our client was involved in an accident when one of his tires “blew out” and his vehicle left the road and struck a tree. Client did not remember anything else as his head went through a window. He was transported to a hospital by helicopter due to severe bleeding. Troopers responded and had a blood sample drawn which indicated a BAC of .13. Client has a prior AI from 2004. He had a previous attorney who secured a DWI offer but due to lack of communication the case was pending for close to two years. Our attorneys took over the case and submitted proof that the BAC result was likely inadmissible. Our client was able to enter a plea to one count of Reckless Driving, a non-alcohol related charge, in full satisfaction. Despite the new tough New York DWI laws, our client was able to keep his license.

PEOPLE V. B.S.

Our client was operating a Jetski out near Alexandria Bay when he was stopped for speeding. Our client had a criminal record as well as a current order of protection against him. He was coming back from a party when he was stopped. These factors aside, our attorneys pointed out the weaknesses in the prosecutions’ case. The reason for the stop was suspect (supposed speeding), and Field Sobriety Tests were conducted using two moving boats. Despite a BAC of .23 our client was offered and accepted a plea to one count of BWAI in full satisfaction. Our client ended up saving a lot of money in fines and surcharges and ended up with a violation despite having a BAC almost three times the limit.

PEOPLE V. R.P.

Law enforcement said our client had a BAC of 0.21 and had caused an accident in which he rolled his vehicle. During extensive negotiations with the prosecution, we were able to demonstrate that the accident was caused by inclement weather and our client had extensive equities from prior military combat experience. The result was an offer to a DWAI which is a non-criminal traffic infraction that – due to the accident and high BAC – was significantly outside of the District Attorney’s reduction policy.

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