Stephen Bowling

This case was a Class A DWI with a BAC of .206, a car accident (hitting a series of signs on the sidewalk counts as an accident), the refusal to give a breath or blood sample, and the officer’s assertion that you were belligerent. Even with all this we DID IN FACT GET IT REDUCED in the end (it's all public record). The offer the State gave us was the same the entire time: 24 months probation (18 months if you did the CES and MADD classes up front), a $1,000 fine, 80 hours of community service, an ignition interlock device on your vehicle for the full term of probation, the CES and MADD classes (if not done upfront), keep driver’s license with insurance, and restitution for the accident. However, that was on a Class A DWI with a BAC of .206. That would also make the DPS surcharges $2,000 per year ($6,000 total) rather than $1,000 per year ($3,000 total). As mentioned above, if the CES and MADD class were taken up front the state would reduce probation to 18 months; however, that would still be on a Class A. The final outcome was: REDUCE THE CHARGE to a Class B with 18 months probation, $300 fine, CES with recs and MADD within 3 months, 60 hours community service, IID or portable alcohol monitor for 1/2 term (9 months). This outcome also reduced your surcharges to the Class B DWI amount, saving you $3,000. The savings on this outcome was over $5,000 compared to the offer the State insisted on. However, the biggest advantage is the possibility to seal the conviction. “Delaying the case”: We would like to get cases completed faster, just like you would, but we don’t delay them. What happens is it takes a long time for blood results to get analyzed at the lab or for the videos to come in that the case isn’t filed by the State so we are unable to do anything before it is. We still have to go every month on the court date and stand in line only to be told by the State they aren’t ready and get a new court date for a month later. It’s just as frustrating for us as it is for you. I agree it is an absurdly long time for the State to file the case but by law they have 2 years from the date of the incident to file it. The classes: Part of achieving the best outcome usually involves taking the 12 hour DWI education class and MADD panel. We tell everyone to take those classes. I vaguely remember you saying you didn’t have time because of school. However, it’s irrelevant in your case because the outcome we were able to get for you is better than most get with the same case facts even if they complete the classes up front. If you had plead guilty (or no contest) to the Class A DWI without the classes the prosecutor would have insisted on 24 months probation instead of 18 months. However, with the agreed reduction to a Class B it made it so the max they could do was 18 months. It also mandated a lower number of community service hours and, as a college student, I was able to get the fine reduced. The probation issues: I agree probation is not easy but getting through it is up to the person. When the State attempted to revoke your probation for 1. alcohol violations and 2. still not completing the CES and MADD classes eight months into probation (the deadline per probation was three months). At your probation revocation hearings we didn’t even charge you because you were a full time student. That was November and December of 2018, however, the classes still hadn’t been completed in June of 2019. I have no doubt probation also mentioned needing to get these classes done at every meeting; just as we mentioned them. With those still not completed the Judge extended your probation for 6 more months. The good news is we spoke to the Judge and she agreed to release you from probation as soon as you complete the classes. I don’t know if she had already mentioned that to you or not (you went alone to that court date) but once those classes are done we can do that motion and get you off probation.