Attorney Kevin Kelly O'Brien's Legal Cases

DUI and DWI

People v. R.C.

Sep 13, 2012

OUTCOME: Not Guilty DWI; Guilty DWAI (as a traffic infraction)

In this case my client was charged with felony DWI. It was our position that the client was not guilty of DWI but was instead guilty of the lesser violation of DWAI. The DA's office was unwilling to ... offer a reduction to the DWAI. During the trial I was able to show the jury that my client's actions were much more consistent with someone who was impaired rather than intoxicated. The jury ended up concluding that my client was not guilty of DWI and was in fact guilty of the DWAI. This had a huge impact for my client allowing her to avoid the felony conviction and possible ramifications on her career.

DUI and DWI

People v. J.B.

Sep 07, 2012

OUTCOME: Not Guilty All Counts

This case was a felony DWI where operation was the issue at question for the jury. The client was charged with being involved in an accident while his BAC was above a .18. At trial we were able to de ... monstrate to the jury that the client was one of three passengers in the vehicle. The People were not able to establish beyond a reasonable doubt who was driving. As such, my client was found not guilty of all charges pending against him.

DUI and DWI

People v. R.K.

Jun 06, 2012

OUTCOME: DWI-Dropped, %08 of 1% or more-Dropped, Unreasonable Speed-Dropped

Client needed to avoid a misdemeanor criminal record, which he did. He also avoids the possibility of probation, which was the offer prior to trial. The facts of the case were not the greatest for us ... as there were 7 prosecution witnesses who testified, each of them testifying that at one point on the evening in question that our client was intoxicated. There was testimony that he had vomited; urinated on himself; and was so drunk that he could not form sentences or stand up. Later he was the driver in a car that was in a serious accident that totaled the vehicle. He was subsequently examined by an EMT who stated he believed he was intoxicated. Deputy Avard gave the client Standardized Field Sobriety tests, he failed all three according to the deputy. He was then arrested and given the Breath Test with a .12 being the result. The client admitted to drinking 2 cups of vodka earlier in the night to the deputy. Client testified that he blacked out and didn’t remember the hours before the accident or driving at all. However he had a seatbelt mark indicating that he was the driver. The video was also good because he looked pretty good in it and talked without any real problems.

DUI and DWI

People v. K.D

Feb 21, 2012

OUTCOME: All charges dismissed

This case was dismissed after hearings in Schoharie. The case had some issues that I was able to expose after the hearing. The trooper never observed him driving; the client had diabetes (which the ... trooper acknowledged could alter the FSTs); the trooper admitted that he didn’t know when the client last drank and the car was in a ditch (as if it were backing out of a driveway) thus it may never have been on a public highway. The trooper actually gave me a lot in this hearing and came across as a very good guy just doing his job. The client was thrilled and this result was all the more special because before the hearing the offer was a DWAI with a CD. However DA said as soon as we started the hearing he would be asking for a jail sentence and thought the judge might give it if we lost. The client having a bit of courage went forward even though I told him it was risky. Client loves us and everything is taken care of for him and disposed of.

DUI and DWI

People v. D.B.

Sep 09, 2011

OUTCOME: DWAI Alch-Dismissed, DWI Common Law-Dismissed

On this particular case the client who was under 21, was caught driving in the morning after being out partying. He blows a low number, .07, but was charged with the Mist common law DWI. We were look ... ing for a zero tolerance and the judge wanted to do the same. In the end the DA’s office was only willing to offer the AI. We end up going to hearings on a misd common law dwi. The cop who took the stand was a good guy but an awful witness who remembered almost nothing. In the end the court decided to dismiss all charges and plea to a V7T, which has now been reduced to a parking ticket.

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

People v. R.C.

People v. J.B.

People v. R.K.

People v. K.D

People v. D.B.