Superdrunk OWI to Reckless for Doctor with .28 BAC and Rollover Accident
Oct 18, 2024
OUTCOME: Reckless no probation fines and costs only
After lengthy negotiations with prosecutor, the super drunk driving charge was reduced to reckless. Client received fines and costs only, no probation. The doctor's license to practice medicine was sav...ed.
DUI and DWI
OWI Causing Serious Injury Reduced to Misdemeanor: No Jail Time Probation only
Aug 19, 2024
OUTCOME: Misdemeanor with probation only
Case Summary
Our client faced serious criminal charges stemming from an accident on I-696 near Telegraph Road during treacherous winter weather. A sudden snow squall blanketed the freeway, dramatica...lly reducing visibility and road traction. As our client attempted to pass a slower-moving car, the vehicle ahead began to fishtail into his lane, resulting in a rear-end collision. Tragically, an elderly passenger in the struck vehicle suffered severe injuries.
Adding to the complexity of the case, our client appeared intoxicated during the roadside investigation, and a subsequent blood test indicated a BAC of .113, above the legal limit. The client was charged with OWI causing serious injury, a felony carrying a potential 5-year prison sentence.
Legal Strategy and Litigation
Our defense focused on the critical issue of proximate causation. We argued that the weather conditions and the other driver's negligence—specifically the fishtailing—were significant contributing factors to the collision. This argument was vital to demonstrating that our client was not solely responsible for the accident.
We filed a motion asking the trial court to allow evidence of the other driver’s negligence, but the motion was denied. Undeterred, we appealed the decision, taking the case all the way to the Michigan Supreme Court. This intensive appellate litigation was a testament to our commitment to achieving justice for our client.
Resolution and Sentencing Mitigation
After extensive litigation, we successfully negotiated a resolution. The felony charge of OWI causing serious injury was dismissed, and the case was settled with a plea to OWI—a 93-day misdemeanor.
We then focused on presenting a compelling sentencing mitigation strategy. Through a detailed sentencing memorandum, we highlighted our client’s character, their responsibility and remorse, and the extraordinary circumstances of the accident. As a result, the judge imposed no jail time and only a brief period of probation.
Conclusion
This case demonstrates how tenacious legal advocacy and a focus on the facts can lead to remarkable outcomes, even in the face of serious charges. By challenging causation and emphasizing mitigation, we were able to protect our client from the life-altering consequences of a felony conviction.
DUI and DWI
DUI Causing Death Reduced to County Jail Sentence
Apr 16, 2024
OUTCOME: Short term of county jail time
Case Summary
Our client faced a deeply challenging case: they were charged with DUI causing death after a devastating rollover accident that tragically claimed the life of a passenger. Compounding t...he severity of the situation, the client's blood alcohol content (BAC) measured at .235—nearly three times the legal limit. This charge carried the potential for a 15-year felony sentence, a life-altering consequence for anyone.
Legal Strategy and Litigation
Our team immediately recognized that this case required meticulous preparation and vigorous litigation. One critical issue we raised was proximate causation. This legal concept questions whether the defendant's actions were the direct and substantial cause of the fatality. Through extensive litigation and expert analysis with a top accident reconstructionist, we challenged the prosecutor's theory of the case and brought significant attention to factors that might have contributed to the accident, aside from our client’s conduct.
These efforts resulted in lengthy and contentious negotiations with the prosecutor. Ultimately, they agreed to reduce the charge from a 15-year felony for DUI causing death to a 5-year felony for causing serious injury. This reduction also excluded the high BAC enhancement, which would have added further penalties.
Focus on Sentencing Mitigation
Once the plea agreement was secured, we shifted our focus to preparing a compelling sentencing mitigation strategy. We delved deeply into our client's personal history, highlighting their acceptance of responsibility, genuine remorse, efforts at rehabilitation, and the support system they had in place to prevent future issues. We also worked to demonstrate to the court that a lengthy prison sentence was neither necessary nor appropriate under the circumstances.
Our efforts paid off: the judge sentenced our client to 12 months in the county jail—a remarkable outcome given the potential penalties they initially faced. Furthermore, our client was released in less than nine months due to good behavior and participation in rehabilitative programs.
Conclusion
This case underscores the importance of an aggressive yet thoughtful legal defense. By challenging the evidence, negotiating strategically, and emphasizing mitigation, we were able to help our client move forward with their life after a tragic event.
DUI and DWI
.086 OWI Dismissed at Trial
Jul 17, 2023
OUTCOME: OWI Dismissed
Client, who had an operating under the influence of controlled substance case pending, got into accident, and was later pulled over after being observed driving recklessly. He made many incriminating s...tatements, and failed the field tests. His blood draw came back at .086. Prosecutor would not budge, so we repeatedly set the case for trial, and case was repeatedly adjourned. Finally Judge gave a final trial date, we didn't back down. On the day before trial, the prosecutor dismissed the case.
DUI and DWI
.17 BAC Felony Drunk Driving Reduced to Misdemeanor, no Jail
Mar 14, 2023
OUTCOME: Felony OWI reduced to Misdemeanor, client received no jail
Client was facing a third offense drunk driving that could have resulted in client losing her business. We were able to persuade the prosecutor to reduce the case to a misdemeanor, and client received ...a no jail sentence
DUI and DWI
Felony Drunk Driving Dismissed
Oct 06, 2022
OUTCOME: Plead to Misdemeanor, no jail, client remains driving.
Client arrested after almost colliding with police car after failing to stop at stop sign with four-way stop. Client crashed into a street sign on opposite side of road in a downtown residential busine...ss area. Client performed poorly on all sobrieties, and a later blood test revealed a “super-drunk” level high BAC. After meeting with client, we agreed on a defense strategy and sentence mitigation plan. Client executed on the plan, and after extensive negotiations, the felony charge was dismissed, and client plead to a misdemeanor second offense OWI. Case was pending before a Circuit Court Judge known to be among the toughest, if not the toughest, when it comes to sentencing. We were able to persuade the Judge to not impose any jail time at sentencing and client remains driving.
Criminal defense
2 Felony Counts Resisting and Obstructing Dismissed
Sep 02, 2022
OUTCOME: Plead to Misdemeanor OWVI Impaired Driving
Police received BOL (be on lookout) for intoxicated driver. Police on patrol soon observe a car matching the description given by dispatch and stop the vehicle. Client cooperated in all regards with th...e police investigation, until police grabbed his shoulder and, without telling this 70-year-old very large man that they were placing him under arrest, began to turn him around so they can cuff him. He pulled away and police began increasing the amount of force needed to restrain him. The more restraint they used, the more the client resisted. Two officers were involved, and they repeatedly told client "stop resisting or you'll catch a felony." Client was eventually arrested, and true to their word, the police charged him with two counts of R & O, and one count of OWI. Plea negotiations with the prosecutor resulted in an agreement to dismiss both felony counts in return for plea of guilty to reduced charge of impaired driving.
Sex crime
Rape Charge Dismissed
Aug 22, 2022
OUTCOME: First Degree Criminal Sexual Conduct Reduced to Simple Assault, No Jail/No Record/No SORA
Client was 15 year old boy accused of forcing a class-mate to perform oral sex on him. After an extensive case work, and lengthy negotiations, prosecutor agreed to dismiss the first degree sex assault ...charge in favor of a new charge of simple assault. Furthermore, Judge agreed to "consent calendar" which if successfully completed, means that client will have no public criminal record and will not need to file on the SORA, the sex-offender registry.
DUI and DWI
Operating Under Influence of Controlled Substance Reduced to Knowingly Allowed
Feb 25, 2022
OUTCOME: Knowingly Allowed Intoxicated Person to Drive - no jail, no points, no license sanction
Client stopped for speeding. Failed field tests. Blood test showed THC and Alprazolam. Negotiations resulted in reduction to "knowingly allowed intoxicated person to drive, resulting in no points, no d...river license sanction, no raised insurance rates, no impact on driver's record, no probation no jail. Total slam dunk. And here's the kicker - client picked up another OWI while this one was pending, and we got that one dismissed!