Practice Area: DUI and DWI
Outcome: Careless Driving
Description: Alex had handled hundreds of DWI cases, and this demonstrated that stubbornness pays off. Client was pulled over for allegedly “crossing” the fog line. Evidence was clear he hugged the fog line pretty closely on the left, but no evidence of an actual legal violation. While it is true that case law allows for a good faith mistake of fact by the officer when justifying a stop, each court and circumstance is different. The prosecutor, realizing that Mr. De Marco was prepared to make a robust challenge to the stop, agreed to dismiss the DWI for a plea to careless driving. As a result, Alex’s client gets to keep his job, which was in jeopardy if client had suffered criminal conviction.