Friday, July 19, 2019

Two More Amendments for Attorney Murray's Clients

Case # 1: .13 BAC First Offense Amended to Reckless Driving

CW was traveling on a motorcycle when his brother, who was on a bike in front of him, wiped out. CW called for an ambulance and despite his good intentions, ended up being arrested for OWI after allegedly failing the field sobriety tests. The allegations were six of six clues on the HGN test, three of eight on the Walk-And-Turn, and three of four on the One Leg Stand test. A preliminary breath test resulted in a .147 result and an evidentiary chemical test of CW's breath, the report was. 13. Attorney Murray filed various motions challenging the evidence in CW's case and the prosecutor ultimately agreed to a resolution whereby the OWI would be amended to a Reckless Driving citation.

Case # 1: OWI-Third Offense with .337 BAC Amended to Negligent Operation of a Motor Vehicle

KK was found asleep in the driver seat of her vehicle, in a ditch, with a half-consumed bottle of vodka next to her. The recordings received from law enforcement were awful. However, because the State had a problem proving whether KK drank before or after going into the ditch (they also did not know when the vehicle had last been operated on a roadway), they agreed to an amended charge. While KK agreed to be placed on probation as part of this agreement and id have to serve some jail time, the jail time imposed was approximately 160 days less than the sentencing guidelines called for on the OWI, KK never lost her license and she will not have to deal with the ignition interlock device requirement at all. Moreover, she is not subject to the .02 lifetime restriction that accompanies OWI-Third Offense convictions.