Attorney Kevin Kelly O'Brien's Legal Cases

DUI and DWI

People v. C.K.

Oct 05, 2015

OUTCOME: Case Reduced from a Felony to a Misdemeanor with no Jail or Probation

Felony DWI was charged after the client had an accident on the highway. The client was unwilling to accept a felony on their record as it would have caused severe issues with his employment. We wer ... e able to negotiate the case down to a misdemeanor plea when the original offer was a felony with jail and probation. The best part of the misdemeanor plea is that the client will not be subject to any jail or probation and and continue working at his chosen profession.

DUI and DWI

People v. E.R.

Sep 18, 2015

OUTCOME: Not Guilty Felony Leandra's Law, child in car; Not Guilty DWI Common Law; Not Guilty DWI .08 BAC or more, Not Guilty on all other charged crimes.

This was the First Leandra's Law Case taken to trial in Albany County. We were able to successfully defend our client. The Client was found not guilty of Felony Leandra's Law DWI/Child in Car; DWI Co ... mmon Law; DWI above .08; Endangering the Welfare of Child; Reckless Driving; and crossing the double yellow line. The client was found guilty of two traffic infractions only. The client was able to avoid both misdemeanor and felony convictions. He avoided jail/prison, as well as possible probation or parole.

DUI and DWI

People v. B.G.

Mar 10, 2015

OUTCOME: Reduction from Felony DWI to Misdemeanor DWI with no jail

Client was alleged to have committed a felony DWI after becoming involved in a property damage accident. Client was able to avoid a felony conviction which would have altered his future career optio ... ns. A misdemeanor offer was made to the client after the first day of jury selection and prior to the proof being presented by the government. This offer had not been offered prior to the start of trial and had always been the single most important goal of this client. If he had been convicted of a felony he would have faced a maximum of four years in the New York State prison system.

DUI and DWI

People v. M.S.

Mar 05, 2015

OUTCOME: Not Guilty Felony DWI

Client was accused of Felony DWI. The client was alleged to have had a motor vehicle accident, hitting a pole and rendering his vehicle inoperable. After exposing many inconsistencies in the governme ... nt's proof, the jury found the client not guilty of the felony DWI and guilty of two traffic infractions instead. This result allowed the client to avoid up to four years in prison, keep his job, and he avoided more serious license consequences.

DUI and DWI

People v. A.H.

May 23, 2014

OUTCOME: Not Guilty of Felony DWI

Client was charged with Felony DWI after the client was pulled over for erratic driving and allegedly hitting a curb. The client was alleged to have failed all of the field sobriety testing. She hire ... d me after another attorney tried to get her to take a plea. She insisted that she was innocent of the felony and that the law enforcement officers were exaggerating the allegations against her. There was a video at the station in which the client was acting quite belligerent. She explained that she was acting this way because she felt she was being mistreated. After five days of trial she was acquitted of the Felony DWI. She faced a big risk of state prison by going to trial. However she was unwilling to admit to something she didn't do and ultimately the jury got it right and found her not guilty.

DUI and DWI

People v. A.C.

Nov 22, 2013

OUTCOME: Not Guilty Felony DWI

This case involved a E felony DWI charge. The client was offered various sentences which required state prison and/or significant county jail time due to the client's lengthy criminal history. In th ... is case the client insisted that he was not guilty of driving while intoxicated and gave various reasons for that belief which I adopted. The case ultimately went to trial where my client prevailed with on the felony charge. My client was ultimately convicted of only traffic infractions, which carried a maximum penalty of 15 days in local jail. This was a huge win for my client because not only was he not guilty of the felony charge, it allowed him to save his job, stay with and provide for his family, and not serve any state prison sentence.

DUI and DWI

People v. J.R.

Jun 27, 2013

OUTCOME: Not Guilty Felony DWI and Not Guilty DWAI

This case was a retrial on a partial hung jury from January 2013. My client was originally acquitted of common law DWI and DWAI. The jury could not come to a decision on the DWI per se .08 or above. ... On the retrial of the one remaining charge my client was found not guilty of felony DWI per se .08 BAC or above, he was also found not guilty of the lesser included DWAI. Thus after both trials the client was acquitted of all charges against him. This allowed him to avoid a felony conviction and get his license back.

Criminal defense

People v. C.E.

May 24, 2013

OUTCOME: Not Guilty Vehicular Manslaughter; Not Guilty Criminally Negligent Homicide; Not Guilty DWAI Combined Drugs and Alcohol; Guilty Aggravated DWI; Guilty Reckless Driving; Guilty Failure to Keep Right

This case was a particularly difficult case as it involved an alleged DWI and another vehicle which resulted in a fatality. Originally my client was charged with a 13 count indictment, including 7 f ... elonies. The maximum exposure my client faced was 8 1/3 -25 years in state prison. By the time the trial started we were able to get all but two felonies dismissed. After a week long trial my client was acquitted of all felony charges. Ultimately there were convictions on two misdemeanors and one traffic infraction. This result allowed my client to avoid State Prison and a felony record, which had been the primary goal throughout the case.

DUI and DWI

People v. J.M.

Mar 21, 2013

OUTCOME: Not Guilty of DWI Common Law; Not Guilty of DWI above .08; Not Guilty DWAI

Client was charged with two Felony DWIs. Professionally the client could not keep his job if he were to be convicted of a felony. Through careful analysis of the case we were able to come up with a p ... lan to demonstrate that the client was not in fact guilty of the crimes charged. After doing a probable cause hearing, the case proceeded to trial.

DUI and DWI

People v. J.R.

Jan 31, 2013

OUTCOME: Not Guilty Felony DWI; Not Guilty DWAI; Mistrial (Hung Jury) on DWI above .08

This case was a case in which my client believed he was not guilty of the Felony DWI with which he was charged. He believed that he was sober when he was driving and had actually absorbed alcohol into ... his system after he came into contact with the police. I was able to demonstrate that my client showed no signs of impairment or intoxication. The jury found my client not guilty of DWI and not guilty of DWAI. The jury was hung on the issue of whether or not my client had .08 or above BAC.

Kevin Kelly O'Brien's Legal Cases (15)

People v. C.K.

People v. E.R.

People v. B.G.

People v. M.S.

People v. A.H.

People v. A.C.

People v. J.R.

People v. C.E.

People v. J.M.

People v. J.R.