Friday, March 20, 2020

OWI-1st Amended to Reckless Driving for Another One of Attorney Murray's Clients

JP was pulled over in his driveway for Speeding (65 MPH in a 30 MPH zone). Upon approaching the vehicle, JP denied drinking and then attempted to enter his residence. He was restrained and put in handcuffs. JP now explained that he did not have "much" to drink and refused the balancing field sobriety tests due to a back injury. He passed the alphabet and counting test and was then arrested. He refused the evidentiary test to check his blood-alcohol concentration. As a result, JP was charged with Operating a Motor Vehicle While Under the Influence-First Offense (OWI), Unlawfully Refusing a Chemical Test and Speeding. An additional citation for Operating Without Proof of Insurance was also thrown in.

By filing a formal legal challenge to an inaccuracy on the form created to advise individuals of the consequences for refusal an evidentiary chemical test, Attorney Murray was able to gain leverage for negotiations and work out an agreement whereby the OWI was amended to a non-alcohol related citation for Reckless Driving. The citation for Speeding was amended to a non-moving equipment violation for Defective Speedometer and the Refusal charge along with the insurance citation were completely dismissed. This was a great result and JP was happy to accept the offer.