Monday, February 2, 2015

January 14: 2015: OWI-1st/PAC-1st (with .138 blood test result) Reduced to 2 Minor Traffic Tickets in the Middle of a Jury Trial

This was a major victory for our client, MN. He had been arrested for drunk driving the night before he was scheduled to start a very lucrative new job with a large corporation...a job that required him to have a valid CDL. A drunk driving conviction would immediately disqualify his CDL and MN would lose the job he had worked so hard to obtain. He had no choice but to fight the case. Dealing with a very stubborn prosecutor, the case was destined for trial from the beginning and Dennis prepared it accordingly. Although Dennis was able to unearth several promising issues in the case, he was careful not to disclose them to this particular prosecutor, knowing he still would not budge off the drunk driving charge. Not wanting to needlessly tip his hand, Dennis waited until trial to unleash what he had discovered on the unsuspecting prosecutor. As it turned out, it was a strategic move that paid huge dividends. During the trial,  Dennis' cross-examination of the arresting officer was so effective in undermining the case against his client that during the first court recess afterwards, the judge asked to see both attorneys in his chambers. The judge literally told the prosecutor that he was going to lose the case if it went to the jury and strongly encouraged him to settle the case to avoid a complete loss. Initially reluctant (apparently he couldn't see the jury's eye rolls during the officer's testimony), the prosecutor finally, and grudgingly, agreed. And it was a settlement that couldn't have been much better for MN. Under the deal, the drunk driving charges were dropped. Instead, MN plead no contest to two non-alcohol-related minor traffic tickets: Inattentive Driving and Improper Stop at Stop Sign. Aside from paying fines, MN suffered no consequences. He never lost his license for even a single day and his CDL was completely saved. As was his job. Another very real result.