Client was charged with two separate Operating After Habitual Motor Vehicle Offender (HO) misdemeanor charges and one count of violating a condition of release. Each HO carries a mandatory minimum sentence of 30 days and $500 fine none of which can be suspended. We did not have an agreement with the prosecution who wanted 90 days in jail and $1,000 in fines. The facts of the cases did not lend themselves to a trial and my client decided to plead open throwing himself upon the mercy of the court. We were able to convince the court to impose a sentence of 35 days concurrent on all counts and a $1,000 fine. Considering the nature of the evidence against my client, the client's six prior Operating After Suspension convictions, the commission of a new HO while out on bail for an HO, and the mandatory minimums I feel this was an excellent resolution.
DUI and DWI
Jan 01, 2011
Client was outside of his ex-girlfriend's house yelling. This resulted in the police being called. Client was found extremely intoxicated when the police arrived and his vehicle had two flat tires from hitting the curb. Client did Field Sobriety Test poorly and refused to submit to a chemical test. The BMV suspension was rescinded and the underlying OUI was not guilty. The police never searched the car or client for car keys. We were able to demonstrate that another individual was driving who left the scene to avoid police interaction.
Sep 27, 2007
Not Criminally Responsible by Reason of Insanity
Client returned home from his first year of college and stabbed his father in the back with a steak knife. The father passed away.