OUI / DUI And Criminal Defense Case Results

While many cases yield the best results through effective negotiation, sometimes a case must be defended at trial or motion hearing. I work tirelessly to defend my client’s at trial – and the results show. The following is a small sampling of how trial may be the solution to a legal problem:

OUI / DUI cases:

Result: Case dismissed
Intoxilyzer Reading: .24%
Defense: Jury trial – Hung jury
Notes:  This charge stemmed from an accident where my client had admitted to witnesses and the officer that he drove.The defense focused upon the fact that because the client was so intoxicated, he had thought he was the driver but in fact was a passenger.

Result: Case dismissed
Intoxilyzer Reading: .18%
Defense: Motion to Suppress  – Motion Granted
Notes: This case was inherited from another attorney who had recommended that the client plead guilty.  A constitutional violation was spotted and a Motion to Suppress was filed and granted after hearing

Result: Not Guilty
Intoxilyzer Reading: .09%
Defense: Bench trial
Notes: This case focused upon the margin of error in the intoxilyzer and also the physiological factors which create further variability in the intoxilyzer reading.

Result: Not Guilty
Intoxilyzer Reading: .11%
Defense: Bench Trial
Notes: This defense focused on the client’s rising blood alcohol, showing that although his BAC was over a .08% at the time that the Intoxilyzer test was administered, it may not have been over a .08% at the time of his operation.

Result: Not Guily
Intoxilyzer Reading: .08%
Defense: Bench Trial
Notes: This defense focused on the margin of error in the Intoxilyzer, and also attacked the arresting officer’s administration of the battery of Standardized Field Sobriety Tests.

Result: Dismissal
Intoxilyzer Reading: .23%
Defense: Investigation by Private Investigator
Notes: Through witness interviews this defense revealed that the client had consumed alcohol after her operation of the vehicle. The State ultimately agreed that it could not prove its case.

Result: Dismissal
Intoxilyzer Reading: .14%
Defense: Motion to Dismiss for Speedy Trial Violation
Notes: This defense raised the issue of delay in the State’s prosecution where the case languished for an unexplained length of time in the Courts.

State Criminal Defense Cases:

Result: Not Guilty
Charge:
 Possession of Cocaine
Defense: Jury Trial
Notes:  This client, a professional, faced job loss if convicted. The defense focused upon the inability of the State to show that this defendant as opposed to another passenger knew about the drugs.

Result: Not Guilty
Charge: Domestic Assault
Defense: Jury Trial
Notes:  This client was charged with assaulting an ex-spouse in front of several witnesses.  The defense focused upon discrediting the witnesses as biased, and upon showing that the motive for these allegations was to gain advantage in a child custody proceeding.

Result: Not Guilty
Charge:
 Receiving Stolen Property
Defense: Jury Trial
Notes:  This client, a professional, faced loss of professional license if convicted.  The defense focused upon discrediting the State’s cooperating witness and also attacking the way the investigation was conducted.

Result: Dismissal
Charge:
 Theft
Defense: Negotiation
Notes: This was a strong case for the State but ultimately the State agreed to dismiss the case in exchange for the client performing public service work, avoiding a criminal conviction.

Result: Dismissal
Charge: Aggravated Furnishing of Scheduled Drugs and Endangering the Welfare of a Child
Defense: Investigation and Negotiation
Notes: In this case the client was charged with furnishing CBD Oil to his minor child. This defense focused on educating the State about the legitimate medical uses for CBD oil.

Result: Dismissal
Charge:
Possession of Marijuana by a Minor
Defense: Negotiation
Notes: This was a strong case for the State but ultimately the State agreed to dismiss the case in exchange for the client performing public service work.