OWI
Refusal (If you refuse a test of your breath or blood when you are pulled over by law enforcement
you may be charged with a "refusal" and the court may revoke your driving privileges for at
least 1 year, or more if you have prior convictions. This is true even if the police took blood from you after you refused.)
-Refusal dismissed and first offense OWI amended to failure to stop at stop sign.
-Convinced judge that police had failed to follow the law, resulting in judge dismissing a
refusal charge. Prosecutor subsequently amended the companion OWI to Reckless Driving, saving the client’s Commercial
Driver's License.
OWI First Offense
-OWI First Offense amended to Reckless Driving and dismissal of refusal charge on defense motion.
-OWI First Offense amended to failure to stop at stop sign. Refusal and PAC charge dismissed.
-OWI First Offense amended to Reckless Driving based on problems identified with anonymous tip.
-Convinced prosecutor to amend OWI First Offense to Reckless Driving after independent investigation
revealed that the arresting officer had no legal basis for the traffic stop.
-Convinced prosecutor to amend OWI First Offense to Inattentive Driving after motion hearing where police officer
admitted numerous mistakes in the process of administering field sobriety tests.
OWI Second Offense
-Negotiated settlement of OWI Second Offense case to Reckless Driving based on failure of the police to establish
the time of driving.
-Negotiated amendment of OWI Second Offense to Reckless Driving after vigorous
cross-examination of officer at an administrative suspension hearing. OWI Third Offense
-Judge granted defense motion challenging
officer's decision to pull vehicle over. All evidence was suppressed and prosecutor was forced to dismiss the case.
-Negotiated amendment of OWI Third Offense to Negligent Operation of a Motor Vehicle based
after judge granted motion to strip test result of its presumption of admissibility.
-Successfully
mounted collateral attack in OWI Third Offense case, which resulted in a conversion of the case to OWI First;
client served no jail time and was able to keep his job.
-Successfully argued motion
to suppress all evidence in OWI Third Offense case where the officer believed that client was committing a traffic
violation. Judge found that officer had no basis to pull the client over.
-Convinced prosecutor to move for amendment of OWI Third Offense to
Negligent Operation of Motor Vehicle in the middle of trial after prosecutor failed to establish compliance with statutory
requirements for breath-testing machine.
OWI Fourth
Offense
-Successfully collaterally attacked 2 prior convictions
in OWI Fourth case, resulting in the prosecutor amending the charge to OWI Second Offense.
-Successfully argued for amendment of OWI Fourth Offense
to Reckless Driving after prosecutor agreed that police violated client’s constitutional rights.
-Convinced prosecutor to dismiss OWI Fourth Offense,
Hit and Run, Operating after Revocation, and Inattentive Driving charges against client after defense investigation established
significant problems in prosecution’s ability to proceed.
OWI
Fifth Offense
-Challenged prior conviction
in felony OWI Fifth Offense, which resulted in preventing the prosecution from being able to obtain a felony conviction.
-Convinced prosecutor to amend felony OWI Fifth Offense case to misdemeanor Reckless Driving due to problem
identified in the stop and arrest of the client.
-Successfully attacked prior
conviction in felony OWI (5th) case, forcing the prosecutor to amend to a misdemeanor. -Convinced judge to strike prior conviction in OWI (5th) case,
converting a felony to a misdemeanor and preventing the client for going to prison.
OWI
Eighth Offense
-Convinced
judge to dismiss OWI (8th) charges based upon lack of probable cause.
-Argued for invalidation
of prior convictions in OWI (8th) case, saving client from prison and loss of job.
OWI Homicide
-Convinced judge to sentence client to probation in OWI
Homicide - kept client out of prison.
-Successfully argued for probation and four months jail
in OWI Homicide case.
