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Our client was charged with Aggravated DWI for having an alleged 0.21 BAC. A non-criminal disposition was extremely important as the client was finishing her doctorate in physical therapy and a criminal conviction would likely have prevented her from becoming professionally licensed. After negotiations with prosecutors, including the bureau chief of the DWI unit, we were able to have the charge reduced to a non-criminal DWAI by discussing our client’s unique equities and problems with the People’s evidence.
Police charged our client with an Aggravated DWI for having an alleged BAC of 0.18, Unlawful Possession of Marihuana, and Drinking Alcohol in a Motor Vehicle. Our client also had an extensive criminal history that included multiple felony convictions which including state prison. By exploring potential issues with the People’s case with the District Attorney, we were able to negotiate a reduction to DWAI, a traffic infraction, and Disorderly Conduct, a noncriminal offense. We also were able to convince the court to impose minimum fines for these offenses.
Client was involved in a minor accident where he became stuck in a ditch. When officers arrived they believed he was under the influence of alcohol. He was arrested and subsequently charged with DWI, DWI above .08 and Aggravated DWI above .18, all misdemeanors. Client blew a .18 at the police station which made him ineligible for a reduction to a DWAI according to the county policy. Upon viewing the evidence though, our attorneys noticed that a lot of the evidence was not consistent with someone that was accused of having a .18 BAC. Investigating further we realized our client was using chewing tobacco nearly until he blew into the breath test machine. We believe that when viewing this information in conjunction with the evidence from the scene our client may have been much lower than the .18 BAC alleged. We were able to discuss these factors with the ADA who listened and agreed that there were issues in the case. Our client was able to plead to one count of DWAI, as significant reduction from the Aggravated DWI he was originally charged with. This allowed him to avoid a criminal record and some of the more significant penalties that come along with a DWI.
In this case we had a client who had potential career ramifications based on her being charged with an Aggravated DWI (alleged .20 BAC), common law DWI and speeding. The DA’s office was sympathetic to our client’s concerns but could not reduce such a high BAC to a non criminal DWAI during several negotiation sessions. Ultimately because of the client’s career we prepared and went to hearings on the matter to challenge the probable cause for her arrest. At the hearing our team was able to poke serious holes in the case and demonstrate to the Court and the ADA that the officer had failed in several aspects of administering the field sobriety tests. As such, we were able to re-conference the case with the ADA. She acknowledged that she had issues in her case because of the hearings and offered a DWAI in full satisfaction of all the charges. This allowed our client to avoid a criminal conviction and to continue on her career path. Without the efforts of our team on this case the results could have been much different for our client and the consequences could have continued to haunt her indefinitely.
No Guarantee of Results: The outcome of a particular matter can depend on a variety of factors—including the specific factual and legal circumstances.