Friday, September 9, 2016
OWI/PAC - Third Offense Completely Dismissed
Around bar time, CP pulled off on a smaller side-street to manipulate his GPS device. An officer passing by pulled him over on the basis that there had been recent burglaries at the business where CP was stopped and also characterized the side-street as a driveway for the business, which it was not. That led to CP's arrest for OWI/PAC - Third Offense. After filing an open records request, it was discovered that there was one burglary at the business and it occurred over a year prior to the stop of CP. Attorney Murray filed multiple motions, with one being a challenge to the stop of CP's vehicle. The day of the motion hearing, the prosecutor agreed and dismissed all charges. CP could not be happier and neither could we.
OWI/PAC - Third Offense Amended to Negligent Operation of a Motor Vehicle and Saves Client's Career
JH had a lucrative trade career, which required that he travel throughout Wisconsin and the United States. Unfortunately, an OWI - Third Offense conviction results in mandatory penalties such as a lengthy jail sentence and a lengthy license revocation that would all result in the loss of JH's career. Given that this case involved a .217 blood-alcohol concentration and an accident, the prosecutor was unwilling to resolve the case in a way that allowed JH to keep his career. The case was destined for trial.
The morning of trial, after having picked the jury, the prosecutor was informed that the arresting officer was unavailable. Unfortunately for JH, the news reached the courtroom within minutes of the jury being sworn, which is when double jeopardy protections would have begun. Thus, the prosecution was free to dismiss the case and re-file it. Knowing this, Attorney Murray seized the opportunity and worked out a fantastic agreement. JH was convicted of Negligent Operation and agreed to pay a monetary penalty, complete alcohol treatment, and voluntarily install an ignition interlock device in his personal vehicle for two years. JH never lost his license and never served any jail time.
Sometimes you get lucky, but such an outcome could not have happened without the perseverance and knowledge necessary to fight the case. We would like to think Attorney Murray would have won the trial anyways, but the opportunity to save his career was too much for JH to risk.