Monday, October 24, 2011
October 7, 2011: OWI-2nd Reduced to Reckless Driving
Few cases have such an insurmountable set of facts as State of Wisconsin v. TGR. In TGR, the client had an accident, admitted to drinking 7 to 8 beers, failed all the field sobriety tests, provided a blood sample of .266, and was charged with Failure to Notify Police of an Accident, Failure to Wear Seatbelt, and Hit and Run in addition to the drunk driving charges. This was further complicated by the facts that TGR was a commercial driver and this was his second offense, meaning he was facing lifetime disqualification of his commercial privileges if convicted. The State originally recommended 40 days jail and an 18 month license revocation, which also meant the end of TGR’s commercial driving career. However, Attorney Singh, knowing what was at stake, would not settle for an OWI conviction. There were certain facts in TGR’s case which made Attorney Singh question the legitimacy of the blood test result. He focused on this area and picked the case apart. He realized the State could not definitely prove what TGR’s blood alcohol level was at the time of driving, since the time of the accident was unknown. Attorney Singh pointed this out to the prosecutor and the case was amended to a reckless driving. This meant TGR spent no time in jail, never lost his license, avoided a drunken driving conviction, and most importantly, kept his job. Even with that bleak set of facts, TGR had never given up hope. And thanks to Attorney Singh, TGR could not be happier or more thankful.