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Client had a CDL and worked for the municipality, and had no chance of saving his job without CDL privileges. The Judge didn’t suspended pending prosecution, so motions were filed and the hearing was held in late 2017. The delay was due to several miscommunications between DA’s and our office. We argued the Trooper’s “welfare check” was improper because it was actually a Debour level four arrest based on insufficient facts not surmounting to reasonable suspicion and all evidence should be suppressed accordingly.
Our client had a Commercial Drivers license, being unable to drive for work meant that he would be unable to take care of his wife who has cancer. Through tough negotiations we were able to save not only his license, his job, but according to the client we “saved his wife’s life and he will always be grateful”
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 If our client had plead to any alcohol related job his CDL would have automatically been revoked for a minimum of one year, because of our efforts he never missed a day of driving.
Our client was charged with DWI and Reckless Driving, both misdemeanors. He was also charged with failure to keep right, speed not reasonable and prudent, unlicensed operation, no seat belt and refusal to take a breath test. The client possesses a CDL and thus would be unable to work if he were to lose his license due to an alcohol related conviction. Through negotiations and legal arguments, we were able to convince the DA’s office to offer a non alcohol related plea deal. Our client was able to plead to Reckless driving and a parking ticket. This result allowed our client to keep his license and his job.
No Guarantee of Results: The outcome of a particular matter can depend on a variety of factors—including the specific factual and legal circumstances.