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Our client in this case has had ongoing issues of PTSD due to his military service. These issues facilitated his making a poor choice to drink and drive, he was ultimately stopped and arrested at a roadblock. Our client had a previous DWAI so it was the DA’s policy to not reduce this charge as it was his second offense. Our team wanted to help our client with not only his mental issues but to avoid a criminal conviction. We helped our client get into some intensive counseling that was specific to his PTSD and his military service. Through such counseling and treatment, our client was able to demonstrated that in dealing with his ongoing issues he was taking this matter seriously and that it should not be an issue for him in future. Our team was able to demonstrate these factors to the ADA and show that while our client had made poor decisions, he was particularly deserving of some consideration due to his service of our country. We were able to persuade the prosecutor to deviate from the policy and give our client another chance to avoid being labeled as a criminal. The hard work of our team and our client made it possible for him to plead to the non criminal violation of DWAI. Without the extra efforts of our team and client he could have ended up in a much worse situation.
In this case our client was a veteran in the U.S. Military. He had been out with some friends having drinks and on his way home drove into a ditch. From there he started walking home. While walking he got a call from the police where he admitted to being in the accident and gave the officers his address. He was ultimately charged with two misdemeanor counts of DWI after allegedly blowing a .09 BAC. The client was concerned about his security clearance and his career. We were able to convince the ADA to offer a plea to driving across the hazard markings and leaving the scene tickets, emphasizing that our client was very cooperative and in fact directed the officers to him. His low BAC and our extensive work to help this client allowed him to avoid and alcohol conviction and continue serving our country without any additional ramifications.
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.
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.
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