Criminal defense Lawyer
Practice Areas: Criminal Defense, Family ... +2 more
OUTCOME: All charges dismisssed
November 2, 2011 Driver was involved in an accident from driving the wrong way on a one-way street. One officer responded, then called for another officer to investigate. Driver was arrested for DUI ... , his second in five years. Counsel filed a motion to exclude evidence based on the State’s inability to show certain evidence was legally and properly obtained. On trial day, all charges were dismissed.
OUTCOME: Reduced to reckless driving
October 25, 2011 Driver was stopped for “kind of weaving inside the lane†and investigated for driving under the influence. When performing the one-leg stand, the driver did not sway, hop, use he ... r arms, or put her foot down. When the officer arrested her, she asked why, since she had done well on the fields. The officer replied, “It takes a lot of training to understand the things that we’re looking for out here during these types of encounters, so it would take a lot of explaining to you about what I was doing, but it will all be in a report for you to view at a later time.†On trial day, Counsel and Defendant appeared for the specially set jury trial and announced 'ready.' There was no trial. The prosecutor reduced the charge to reckless driving and dismissed all other charges.
OUTCOME: Reduced to reckless driving
October 24, 2011 Driver was stopped for speeding and improper lane change. The officer talked with the driver about almost causing an accident with the officer. The officer requested field sobriety ... evaluations and a breath sample. The driver refused to provide a breath sample. At arraignment, counsel showed the prosecutor some issues with custody attaching before performing the field sobriety evaluations. The DUI charge was reduced to reckless driving. All other charges were dismissed.
OUTCOME: All charges dismissed
October 24, 2011 Security at a hospital called the police, who met the husband of a patient who was having outpatient surgery that day. The officer smelled alcohol on the husband’s breath and arres ... ted the individual for DUI. Counsel went to the hospital to interview security, who had no record of the event. Counsel went to the restaurant across the street, to which the husband had walked for lunch and at which he had two beers and three courvoisiers. Counsel interviewed the manager and the bartender, who remembered the patron and provided video of him in the restaurant and walking in the parking lot back to the hospital. In court, the charge was dismissed and the defendant was excused from the court.
OUTCOME: Reduced to reckless driving
Driver was stopped for making a wide left turn. When the investigating Officer arrived, the driver was out of the vehicle. The Officer observed a VIP bracelet on the driver’s wrist and requested fi ... eld sobriety evaluations. The driver showed the Officer that he had injuries from being hit in an accident in South Carolina. The Officer arrested the driver and requested a breath sample, which the driver refused. The Officer took the driver’s license and issued a DPS form 1205. Before the trial date in the Municipal Court, the Officer appeared at the Administrative License Suspension hearing date and obtained a twelve-month suspension of the driver’s license, with no limited permit or early re-instatement. Within a week following the issuance of that ruling, counsel negotiated a reduction of the charge from driving under the influence to reckless driving, effectively ending the twelve-month suspension and allowing an immediate reinstatement of the license and a plea to a non-alcohol-related charge.
OUTCOME: Reduced to reckless driving
Driver was stopped for waiting too long at a green light before moving, which the video showed was about ten seconds. The Trooper said he smelled alcohol and requested field sobriety evaluations. For ... the Walk and Turn, the Trooper did not demonstrate a turn with a series of small steps. The driver did not have a coat on, and the temperature was near freezing. The Trooper arrested the driver and requested a breath test, which the driver took and showed a breath alcohol concentration of .122 grams. On trial day, the Solicitor evaluated the case and decided the City had a good case and would proceed with a trial. Counsel pointed out that any valid reason for stopped the vehicle in the first place was not apparent on the video, and that the Defendant was prepared to proceed to a motion hearing to challenge the validity of the stop. After further negotiations as the time for trial approached, the Solicitor revisited the City’s offer and reduced the charge to reckless driving.
OUTCOME: Not Guilty
Defendant walked from home to where his car had been wrecked in a ditch and got there before Officers did. Officers investigated defendant for DUI and arrested him without field sobriety evaluations. ... Defendant blew .126, but Officer could not identify at motion hearing whether Implied Consent Notice was read before or after arrest, so breath test results were excluded from evidence before trial. At trial on eight charges, only three went to the jury, the others being dismissed for lack of evidence. After less than one hour, the jury returned a verdict of NOT GUILTY on DUI and Reckless Driving. Defendant paid $145 for not having an updated address on his license.
OUTCOME: Reduced to reckless driving
Driver was awakened and investigated for DUI. After arrest, driver provided a breath sample over 0.08 grams. Before trial, DUI charge was reduced to reckless driving.
OUTCOME: Reduced to reckless driving
Driver was stopped based on "time of night, area of town, and she was driving in the bicycle lane." Driver declined to perform field sobriety evaluations and refused to provide a breath sample. After ... seven trips to court, the DUI charge was reduced to reckless driving and all other charges were dropped.
OUTCOME: Reduced to reckless driving
Driver was stopped for making a U-turn and was investigated for driving under the influence. The driver refused to do field sobriety evaluations and refused to provide a breath sample. Before trial, ... the DUI was reduced to reckless driving, and the U-turn violation was dropped.
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