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In this case the client was charged with a DWI, DWI above .08, and Aggravated DWI above .18. The client was adamant that he had not been intoxicated as the officers and paperwork suggested. He didn’t deny that he might have been slightly impaired but would not plead to something he didn’t believe himself to be guilty of. We were working in a county were they would not reduce the case to a DWAI. Thus we prepared the case and the client to go to trial. The facts from the law enforcement allegations and paperwork were bad. However, after talking with several witnesses and preparing their testimony, we were able to draw a picture that our client felt much more accurately represented the night. Our client had been involved in an accident after an animal jumped in front of him. He hit another parked car and hit his head. We believe this caused a concussion which in turn caused our client to become disoriented an vomit. The disorientation accounted for his poor performance on the field sobriety tests and we believe the vomit may have altered the results in the breath test, contaminated his air with his stomach contents. During trial we had a jury who listened carefully to the case and concluded that there was reasonable doubt as to our client’s guilt on each of the DWI charges. They did convict our client of a DWAI, which he was more than willing to accept as he believe he was impaired. This result showed the hard work of our attorneys on a case with difficult facts. It also allowed our young client to avoid a criminal record and continue with his schooling and career goals.
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.
Client was charged with Aggravated DWI for seating in a reclined driver seat with the engine running outside of the bar in which he was said to have been drinking. Despite an alleged BAC of 0.20, we were able to negotiate an Adjournment in Contemplation of Dismissal (meaning all charges would be dismissed 6 months afterwards should there be no new criminal charges) by convincing the prosecution that our client had no intention of driving as he had already ordered a taxi cab.
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.
No Guarantee of Results: The outcome of a particular matter can depend on a variety of factors—including the specific factual and legal circumstances.