2cd DWI - No Breath, No Blood, Slurring on tape, bad driving, no accident - DISMISSED
I am just getting home after a 4 month dragged out 2cd DWI case that has been dismissed. My decision to choose Mark Thiessen has obviously paid off but if you are reading this you will most likely be either going through your case, determining a possible lawyer, or wondering how the hell is he so go...od.
I have learned more then I like about Judicial process as I come from a business background. I am am educated, 29 years old, working professional, about to apply for MBA programs next year. I consider myself average in relation to most 29 years old - I am not making millions and really just in the middle class. However, my decision to choose Mark was more about protecting my reputation, increasing my odds in court, and not having to go through the same pains I did when I was convicted 7 years ago of my first DWI in college. My 1st DWI tape was so bad I couldn't get my DWI dismissed, and being charged for a second you know kind of what to do after a stop which helped my case. This time I cooperated with the police officer, but did not take a breath or blood which is important. The fact that I had a skull fracture last year and told the police officer that on tape yet he only did the HGN and did not do the WAT or one legged stand was important.
But, more importantly was my representation in noticing my strengths of my case, having the experience, reputation, to get dismissal. Mark won my ALR even though a police officer showed up which happens really rarely. Through a lot of readings online I read somewhere that 93% of the time a cop shows up to the ALR you lose. Because they only need to prove they followed procedure. Other lawyers say its a coin toss or 65% loss if they show up. The fact of the matter it is never good when they show up to ALR unless you can lock in there testimony. That can win your criminal case, but the fact that he locked in the cops testimony, won my ALR, and got my case dismissed is impressive. It isn't by luck, or chance, Mark knows the law, knows when the DA has a weak case, and has a reputation of winning HARD cases. So, if your case is in a grey area with Mark on your side the DA is much more likely to dismissed when faced against a good DWI lawyer. I got a lucky break, but my decision to choose Mark is going to pay dividends for years to come.
The first time the cop didn't show to my ALR and Mark tried to get it thrown out but couldn't. The second time he showed up but Mark questioned him on the stop and the cop testified I swerved out of my lane. However, in the police report and the tape said I failed to signal lane change.
Mark locked his testimony down which was really 1 of the 2 things left the DA had. 1 being me slurring all over tape and bad driving at 4:30AM on a Sunday morning, and lastly the cop testimony. During the ALR the Administrative Judge agreed that there was insufficient evidence to detain me to arrest me just for HGN. The police officer pulled me over, I cooperated, did HGN, and then he arrested me. He did not offer me breath, blood, or to do any other tests. When I was detained he wanted me to do the walk the line test but after realizing if I wouldn't be let go if I'd passed I decided not to take any tests.
So, the DA essentially had tape with me slurring, a cop testimony. Mark had medical records (skull fracture, medications (even though they didn't play a part), and a sleep study where I was prescribed a CPAP machine. This all sounds ridiculous and is absolutely ridiculous that the charges of 2cd DWI are so steep so being pulled over I already knew I had to submit everything I could find to Mark.
I also paid him upfront so while he was in court he never had to worry about not getting paid.
By not losing the ALR, I avoided having restricted driving hours for 2 years. By winning my criminal case I avoided $1,500 surcharge for 3 years, 1-2K in court fines, $2,700 in probation, interlock, DWI, SR-22, and increased ins. cost the next yea