Practice Area:DUI / DWI
Outcome:Reckless Driving after trial
Description:I have won a number of cases, but this is as good as it gets. My client was charged with having an unlawful alcohol level in his body. He was involved in an accident and threw up several times. He failed field sobriety tests as well. In addition, there was no video. We were in a very difficult jurisdiction to win a trial. However, based upon the way the ticket was written, we determined that this was his best chance to win. I had the officers admit that their training mandated them to rinse my client's mouth with water after vomiting. They did not follow their training. The judge still appeared as if he was going to convict my client. I had an expert witness testify about the problem with not rinsing after vomiting. The judge wanted to wait and then issue a ruling. I was able to have the officer's agree to reduce the case to a reckless driving charge. The judge stated in 28 years on the bench he had never accepted a deal on a breath result so high, but agreed that this was a fair case to take a lesser plea. Everybody left the courthouse tht day feeling like justice was served.