VICTORY! Here we go again! 2nd OWI (Drunk Driving) dismissal within 30 days! After my thorough investigation and negotiations, my client will only pay a small fine for a minor traffic ticket and have N...O criminal record. I am grateful that the prosecutor in this case kept an open mind and didn't just focus on the BAC. Remember, just because you are arrested and charged with an OWI does not mean you are guilty. There are many factors, in addition to one's BAC (alcohol level), that must be considered in an OWI investigation.
Oh, by the way, this same client was also accused of Refusing a Breath Test (called an Implied Consent Refusal which would have meant a mandatory suspension of his driver's license for at least one year) and we recently won that hearing too.
Criminal defense
City v. R.H.
May 21, 2015
OUTCOME: Super Drunk DISMISSED
ANOTHER CLIENT VICTORY! Client was arrested and charged with OWI-High BAC (Super Drunk). During my thorough investigation I found some inconsistencies with the police report so I filed a motion to su...ppress and I put the arresting officer on the stand and let the officer testify to everything that he saw. THEN – I played the dashcam video in court. It kind of went like this -
Officer testified: Vehicle drove on street (A).
Video showed: Vehicle was actually on street (B).
Officer testified: Vehicle made an erratic turn – almost losing control.
Video showed: Vehicle came to a complete stop. Used a turn signal. Made a nice slow, steady turn.
Officer testified: Vehicle was now on street (C).
Video showed: Vehicle was actually on street (D).
Officer testified: Vehicle drove on the wrong side of the street and there were no parked vehicles or snow on the side of the road which would cause that.
Video showed: Vehicle drove around a parked vehicle and unplowed snow in the road and continued in its own traffic lane.
Officer testified: When they turned their emergency lights on, the vehicle would not stop so they had to hit the siren several times.
Video showed: Soon after the emergency lights came on, the vehicle’s brakes lights came on as it slowed down, the right turn signal came on, and as the vehicle was stopping, the police hit the siren once.
Officer testified: Driver’s speech was slurred, his balance was unsteady, and he failed the alphabet by getting three specific letters wrong.
Video showed: Driver’s speech was not slurred, his balance was very firm, and he recited the alphabet perfectly.
Officer testified that he personally watched the driver, who was placed in the back seat of the police vehicle, continuously as required for 15 minutes before he gave him a breath test. He further testified that during this time, he was NOT, up by the driver’s vehicle interviewing the other passengers. He was adamant that his partner did that while he stood watch at the back of the patrol car.
Video showed: Officer AND his partner both were at the driver’s vehicle interviewing the passengers and neither watched the driver (who was on his cell phone in the back of the patrol car). The video further showed the officer walk back from the driver’s vehicle (that he swore he was not near) and the driver was asked to provide a breath sample about three minutes later.
After this lengthy investigation and the court hearing, ALL criminal charges against my client were dropped and he has no criminal conviction for this (though he did pay a small traffic fine for something else.)
Remember, if you drink, call a cab. If arrested, “Call Ed Instead!”
(Note: This is not about cop-bashing, nor is this a promotion of drunk driving. This true case is a reminder of the importance of hiring a good attorney immediately upon arrest. Law Office of Edward J. Sternisha, PLLC (616) 233-CALL-ED.)
Criminal defense
People v. K.H.
May 06, 2015
OUTCOME: Reduced
Client was charged with OWI-High BAC (Super Drunk) for rolling her vehicle on the freeway. She immediately pled guilty at her arraignment but then hired me because she wished to withdraw her guilty pl...ea. I was able to get her guilty plea withdrawn and she eventually pled to a reduced charge and avoided the more serious consequences the super drunk conviction would have caused.
Administrative law
GRPD v. K.B.
Apr 27, 2015
OUTCOME: License REINSTATED
CLIENT VICTORY! My client was charged with an Implied Consent refusal for allegedly refusing to submit to a breath test by the police. My investigation revealed a very weak case on the part of the poli...ce - so much so that I was really looking forward to cross-examining the officer and using his own dashcam video to contradict what he wrote in the police report. Turns out it didn't matter because the officer failed to appear at today's hearing so my client won in default. (It's still a win!) If my client would have lost, his driver's license would have been suspended for one year.
As soon as I first spoke with my client on the phone, I realized we needed to file for the hearing and he is glad we did. Remember, if you drink, call a cab. If arrested, "Call Ed Instead!"
Criminal defense
People v. M.M.
Apr 14, 2015
OUTCOME: Reduced
Client was charged with OWI. When all was said and done, client had a reduced charge, no jail, and no probation. Client was very happy with the outcome.
Criminal defense
People v. K.H.
Apr 08, 2015
OUTCOME: Dismissed
VERY HAPPY CLIENT - Charges Dismissed! Client was charged with domestic violence after an ex-girlfriend claimed he assaulted her at his home. My thorough investigation revealed evidence that the allege...d victim was not only the initial aggressor, but that an independent witness had to keep pushing her away from him as she repeatedly tried to assault him further. After being removed from the home, she called others who arrived and vandalized his home as they tried to break in and continue the assault on him.
The client ended up paying a small civil fine (which was much less than the costs of going to trial) and the case was closed with no criminal conviction.
When this client was faced with a criminal conviction and jail time, he decided to "Call Ed Instead!" He is now a free man.
Criminal defense
People v. A.W.
Jan 12, 2015
OUTCOME: Reduced charge
Client charged with OWI. 911 calls reported client had crossed several lanes of the roadway and jumped the curb. It was now partway in the road and partway over the curb on the grass with client sleep...ing.
Although my client was over the limit, the BAC was not all that high. It was a combination of the BAC and working so many hours and being sleep deprived. Client was only in town for a bachelor party and this was very much out of character for him. Client was able to plead to the lesser charge of Impaired and received no jail and only 6-months probation. This client, in all other respects is very responsible and has a very clean record and a good employment history. Jail simply was not the right option for him. I am glad to have been able to obtain a better outcome for him.
Criminal defense
People v A.J.
Dec 12, 2014
OUTCOME: Reduced
Client was charged with OWI-2nd Offense, Obscene Conduct, and Refusing a PBT. Essentially the police stopped my client for driving in a manner to suggest she was intoxicated. During the roadside inve...stigation, she was unable to provide a breath sample due to asthma and because she has other medical conditions that prevented her from controlling her bowls and bladder, she relieved herself on the sidewalk.
Although her conduct was less than desirable, working with the prosecutor, I was able to obtain a resolution satisfactory to the court, the prosecutor, and my client. In the end she served no jail and the charges for obscene conduct and refusing the PBT were dismissed. For this elderly client, jail was not the right answer. She was held responsible but working with the prosecutor and the court, a proper remedy was developed.
Criminal defense
People v P.N.
Dec 10, 2014
OUTCOME: Reduced
OWI-Child Endangerment (Drunk Driving with children in vehicle). A thorough investigation revealed several problems with the prosecution's case. During my cross-examination of the officer on the stan...d it was revealed that the officer knowingly and intentionally violated the statutory regulations regarding OWI investigations. After several appeals, I was able to negotiate an outcome that all parties agreed to and my client was pleased with.
Criminal defense
People v. J.N.
Nov 21, 2014
OUTCOME: Fines/Costs
Client was charged with drunk driving (OWI) after 911 callers said he drove a semi tanker truck around a truck-stop lot striking other semi trucks and a brick wall. At the end of the case, client was ...sentenced to fines & costs but received no jail and non-reporting probation. Sometimes it is more important to express to the court who the client really is as a person than what he or she did on a specific moment in time.
