Practice Area:DUI / DWI
Outcome:Negotiation During Closing Argument of trial: guilty of not having a license on person: DUI and Suspended License Charges Dismissed
Description:Unbelievable case! Client was on probation for a DUI and had a suspended drivers license. His car ran out of gas and a police officer found him drunk and in the back seat. The officer ran the license and found out it was suspended. Defendant admitted driving the car to the scene and refused field sobriety. He did submit to a breath test of .254 at the station. Unable to reach an agreement, we tried the case. The prosecutor could not present valid evidence of a suspended license. Further, after presenting case law as to why the DUI charge should fail. I negotiated with the officer and prosecutor to a no license charge which the judge accepted. Before trial and even during the trial, I walked over to the prosecutor and offered a negotiated settlement. However, I was turned down. It was not until closing argument where the prosecutor and the cop saw things were not going well, that we were able to reach a settlement. The state was unable to prove less safe driving or show signs of impairment. My client has been sober since the arrest date and his life has been changed.Fortunately, he will not have another DUI and suspended license to deal with.