Case Conclusion Date:June 2, 2003
Practice Area:DUI / DWI
Outcome:Probation 5 years. No jail time.
Description:The defendant was charged with Homicide by Motor Vehicle while Intoxicated. He fell asleep at the wheel after drinking earlier in the evening, his car went off the road and crashed into a house. The elderly home owner was asleep at the time of impact and she was injured and ultimately died. The defendant had led an extremely responsible life. He followed each of my recommendations which included undertaking a massive community service commitment to a retirement home for the elderly. In addition, he made a very strong commitment to his own alcohol education and counseling. I was able to negotiate a plea agreement before a very enlightened judge who read everything we presented and listened to all of our witnesses at sentencing. We presented Judge Burns with several sentencing options, including community service. Judge Burns did not impose a jail sentence. Instead, Judge Burns required that the defendant complete 780 hours of community service at the retirement facility where the defendant did his pre-sentence community service. The Judge required that the community service be completed within 18 months at the rate of 10 hours each week. Sentencing was a life changing moment for the defendant and his family. Judge Burns told the packed courtroom that he believed the defendant truly sorry for the homeowner's death and sincere in his own efforts with alcohol education and counseling. Judge Burns went on to say that the Pre Sentence Report presented by the Probation Department was the most favorable report he had seen on a defendant in a long time. The Judge noted that he was truly impressed and persuaded by the letter and testimony we presented regarding the defendant's community service with elderly residents. The Defendant went on to complete his probation and his case was closed successfully.