A Sample of Recent Results

Although the results of actual cases are displayed, Anelli Xavier cannot represent such results to be indicative of those that may be obtained in any particular case.

Felony DWI Case Results

People vs. J.M This is a case that had to go to trial as our client was charged with a felony DWI and could not continue in his career if he had a felony. The client was found walking about one mile away from his vehicle by law enforcement. He told the officers that he pulled his vehicle off the road when he ran out of gas and that he had drank since that time. The officers believed his version of the events but thought that he was likely intoxicated while he was driving before running out of gas. Our client had a bad history of DWI so the DAs office was unwilling to offer a reduction as they believed he had already had enough chances. Our client was an admitted alcoholic who was still struggling with his addiction at the time of the incident. He has since received the treatment he needed and explained to our attorneys that he had not drank until he had run out of gas. He drank the beer that he had while hoping that a car would pass by and offer him a ride home. That did not happen and he started walking towards his residence. When the police arrived they had him do field sobriety testing and arrested him based on his failure. He blew a .17 BAC at the station. There was a lack of communication between the officers and our client, thus they never asked him if he had drank before he drove. At the trial we were able to convince the jury that while our client was an alcoholic and probably made a bad decision by drinking in the car after running out of gas, that he had not drank until he ran out of gas. Thus he was found not guilty of all the charges alleging that he was driving while intoxicated. This result allowed my client to keep his job and continue supporting his family. It also helped my client realize the damaging effects that alcohol was having on his life and family. Even though our client was not guilty of the charges, he took the situation seriously and got the treatment he needed.

People vs. C.L. In this case our client made the very poor decision of drinking while he was driving with his teenaged son. When he went through a toll booth on the New York State Thruway, a trooper say our client drinking from a beer can. The trooper stopped our client and charged him with two felony counts of DWI because he had a person less than 17 years old in the car with him and an alleged BAC of .11. It is the policy of the DA in this particular county to not reduce these types of felonies. However, we were able to persuade the DA that it was an appropriate case to deviate from the said policy as this was our client’s first arrest and his actions where completely outside of his typically upstanding character. We were able to get a reduction to a misdemeanor DWI plea, thus allowing our client to avoid being labeled as a felon for the rest of his life but still allowing him to be accountable for his actions that day. The efforts of our team in this case allowed our client to continue living his life and working in his chosen field but also kept him accountable for his actions.

People vs. A.W. In this case our client was charged with a Felony DWI. She was pulled over for having no registration and insurance at the time of the stop. When she was taken back to the station, she was given a breathalyzer which indicated a BAC of .12. Originally the DA’s office made an offer of six months in jail and five years probation on a felony plea. We were able to get letters of recommendation on our client’s behalf and we went with our client to meet with probation prior to them giving a recommendation to the court and DA’s office. When we met with probation we stressed all of the positives about our client, ultimately probation recommended that our client be allowed to plea to a misdemeanor with fines, a surcharge and the ignition interlock device. Rather than accepting the first offer, we were able to push and help out client get a deal that allowed her to avoid a felony, avoid jail, and avoid probation supervision. Without our team pushing and fighting for our client, the consequences would have been significantly worse.

People vs. C.G. This was a client who had three prior DWI and DWAI convictions. He was stopped for having insufficient taillights and for failing to keep right. When he was stopped he failed all five field sobriety tests, stated that he had been drinking prior to driving and was ultimately alleged to have a BAC of .12. He was charged with two felony counts of DWI. While we were fighting the case, the District Attorney’s Office made an offer of an “E” felony disposition with one year in jail and $1500 in fines and surcharges, plus a one year license revocation and interlock requirement. We rejected that offer. Ultimately we made a motion to dismiss the case based on some technical deficiencies in how the case and evidence was handled. The motion was granted and all charges were dismissed against our client, allowing him to avoid another conviction and any potential penalties in this case.

People vs. W.L. This client came to us, charged with a felony DWI. He was in a position that if he plead to the felony, which was the original offer, he would lose his career. He had been previously convicted of a DWAI and a misdemeanor DWI within the previous 10 years. In this case he was charged with having driven with a BAC of .19, which is considered an aggravated DWI in NY. We made motions on the case and were set for hearings on the issues of the stop and probable cause for arrest. We made one final pitch to the prosecutor and judge. Our client fully admitted that he was an alcoholic and needed help with his addiction. We proposed that our client be allowed to plead into the county’s drug court program. If he was able to remain sober and comply with the directives of the drug court program, he would be allowed to plea to a misdemeanor DWI with a term of probation to follow. The judge and the prosecutor agreed that this would serve both the community and our client’s interests. Our client plead into drug court and upon successful completion he will be able to avoid a felony conviction and maintain his career all while getting the help he needs with his addiction.

People vs. J.B. Client was charged with three felony counts of DWI, including one count of Aggravated Driving while intoxicated. Client was alleged to have driven and provided a breath sample that registered as a .19, more than twice the legal limit. Our client had been convicted of a DWI within the previous 10 years which elevated the current charges to felonies punishable but up to four years in state prison. After extensive negotiations with the DA’s office and pretrial hearings we were unable to come up with a resolution that was acceptable to our client. Our client, an Army veteran who served in Iraq, could not plead to a felony and continue on the career path that he had chosen. Our trial team prepared and went to trial with the case arguing that our client was not in fact driving at the time that the government alleged. After a four day trial, our client was found not guilty of all charges by the jury. This result allows our client to avoid any criminal conviction and means that he does not need to serve any term of incarceration or probation.

People vs. S.T. Our client was charged with two counts of misdemeanor DWI. The client had a very bad history with DWI arrest, having been previously convicted on at least 5 alcohol related arrests for Driving while intoxicated. He had previously been convicted of at least one felony DWI. Due to the fact that there were issues with the stop of our clients vehicle and that we had pushed for hearings, the ADA ultimately offered our client a plea to the DWAI. This non criminal offense saved our client on the amount of fines he had to pay, did not require him to install the Ignition interlock device, and saved him from a further criminal record.

People vs. C.S. Client was indicted on two counts of Felony Aggravated DWI, child in vehicle; one misdemeanor count of endangering the welfare of a child, and a speeding violation. Punishments for the two felonies carried a maximum penalty of 1 and 1/3 – 4 years in State prison. Due to a no plea deal policy of the DA’s office, our team of attorneys were forced to prepare for and go to trial on this case. Through thorough evaluation of the case and preparation by our trial team, we were able to expose weaknesses in the case. This resulted in our client being found not guilty of the two felony charges and the one misdemeanor charge. The client was convicted of a DWAI and a speed violation. He was sentenced to fines and a one year conditional discharge after trial.

People vs. J.J. Our client was charged with his fourth DWI in ten years and felony aggravated unlicensed operation of a motor vehicle. These charges could have resulted in significant jail time, making it impossible for this Gulf War veteran to continue working at his job or continue to enjoy his weekend visitation with his two children. However, we worked with our client’s probation officer to reduce his jail time to 10 days and to fulfill the balance of his sentence by wearing a SCRAM bracelet.

Charged with a Felony DWI? Click here to contact us right now to help, or call us now: 1-877-394-3476.

Aggravated DWI Case Results

People vs. P.T. Client was involved in a minor accident where he became stuck in a ditch. When officers arrived they believed he was under the influence of alcohol. He was arrested and subsequently charged with DWI, DWI above .08 and Aggravated DWI above .18, all misdemeanors. Client blew a .18 at the police station which made him ineligible for a reduction to a DWAI according to the county policy. Upon viewing the evidence though, our attorneys noticed that a lot of the evidence was not consistent with someone that was accused of having a .18 BAC. Investigating further we realized our client was using chewing tobacco nearly until he blew into the breath test machine. We believe that when viewing this information in conjunction with the evidence from the scene our client may have been much lower than the .18 BAC alleged. We were able to discuss these factors with the ADA who listened and agreed that there were issues in the case. Our client was able to plead to one count of DWAI, as significant reduction from the Aggravated DWI he was originally charged with. This allowed him to avoid a criminal record and some of the more significant penalties that come along with a DWI.

People vs. B.M. In this case the client was charged with a DWI, DWI above .08, and Aggravated DWI above .18. The client was adamant that he had not been intoxicated as the officers and paperwork suggested. He didn’t deny that he might have been slightly impaired but would not plead to something he didn’t believe himself to be guilty of. We were working in a county were they would not reduce the case to a DWAI. Thus we prepared the case and the client to go to trial. The facts from the law enforcement allegations and paperwork were bad. However, after talking with several witnesses and preparing their testimony, we were able to draw a picture that our client felt much more accurately represented the night. Our client had been involved in an accident after an animal jumped in front of him. He hit another parked car and hit his head. We believe this caused a concussion which in turn caused our client to become disoriented an vomit. The disorientation accounted for his poor performance on the field sobriety tests and we believe the vomit may have altered the results in the breath test, contaminated his air with his stomach contents. During trial we had a jury who listened carefully to the case and concluded that there was reasonable doubt as to our client’s guilt on each of the DWI charges. They did convict our client of a DWAI, which he was more than willing to accept as he believe he was impaired. This result showed the hard work of our attorneys on a case with difficult facts. It also allowed our young client to avoid a criminal record and continue with his schooling and career goals.

People vs. J.J. In this case our client was put in unfortunate situation of having to deal with his friend who was being belligerent and fighting at a bar. The bartender told our client to get his friend out of there or he would be forced to call the police. Our client unfortunately made the poor decision of driving his friend away from the scene to diffuse the situation. Apparently the police had already been alerted to the fight and stopped our client’s car. Our client was arrested for Aggravated DWI (alleged BAC .18) and common law DWI, both misdemeanors. The policy of this particular DA’s office is not to reduce Aggravated DWIs to non criminal violations. However we were able to explain that while it was not the best choice, our client was trying to diffuse a volatile situation. Our team negotiated with the prosecutor and showed that while the policy may not warrant a reduction the facts of this case did. Our team was able to secure an exceptional offer of the non criminal violation of DWAI in full satisfaction of all the charges. This allowed our client to accept responsibility but took into account the fact that he was trying to help his friend and other patrons avoid a violent situation at the bar. Taking all the factors into account our team was able to secure a plea that was outside of the prosecutors policy and may not have happened without the team’s diligent work.

People vs. T.H. In this case we had a client who had potential career ramifications based on her being charged with an Aggravated DWI (alleged .20 BAC), common law DWI and speeding. The DA’s office was sympathetic to our client’s concerns but could not reduce such a high BAC to a non criminal DWAI during several negotiation sessions. Ultimately because of the client’s career we prepared and went to hearings on the matter to challenge the probable cause for her arrest. At the hearing our team was able to poke serious holes in the case and demonstrate to the Court and the ADA that the officer had failed in several aspects of administering the field sobriety tests. As such, we were able to re-conference the case with the ADA. She acknowledged that she had issues in her case because of the hearings and offered a DWAI in full satisfaction of all the charges. This allowed our client to avoid a criminal conviction and to continue on her career path. Without the efforts of our team on this case the results could have been much different for our client and the consequences could have continued to haunt her indefinitely.

People vs. J.B. In this case, we had a client with a government job that required him to drive for work. The client was charged with an Aggravated DWI and common law DWI, both of which are misdemeanors and require the Ignition Interlock Device (IID) if someone is found guilty. Our client could not accept a plea that required the IID, as his job would fire him with that condition. Our client had a previous DWAI conviction, so the initial offer was to plead guilty to DWI as a misdemeanor. The attorney has a particularly good relationship with DA’s office in the county where our client was charged. He had our client’s boss write a letter to the DA and made a strong pitch for a further reduction based on our client’s career. Mr. Viscosi was able to secure a plea of guilty to one count of DWAI, a violation. This allowed our client to avoid a criminal record, avoid the IID requirement, and ultimately to keep his job.

People vs. J.M.In this case, our client was charged with three misdemeanor counts of DWI, including aggravated DWI as it was alleged that he blew a .20. He had prior alcohol convictions from 1996 and 1999. We were able to secure a great offer for our client by demonstrating that there were issues with proof of operation. Our client was found sleeping in the drivers seat of the vehicle but the only person who allegedly saw him driving was a civilian. There were issues with the civilian’s allegations and we were able to convince the ADA that this warranted a reduction to the traffic infraction of DWAI. This allowed our client to avoid excessive fines, the Ignition Interlock device, and most importantly a criminal conviction.

People vs. D.W. In this case, the above client was charged in Onondaga County with DWI and Aggravated Unlicensed Operation in the 3rd degree, both misdemeanors. Through our review of the case documents and conversations with our client Derek Wild was able to negotiate a disposition that will result in no record, fines or license suspension. The client’s case was adjourned in contemplation of dismissal. This means that if she does not get in any further criminal trouble for a period of time, the entire case against her will be dismissed.

People vs. M.Y. Client was charged with Aggravated DWI, DWI common law, DWI per se, Improper or Unsafe Turn without Signal, Failure to Keep Right. Even though it was alleged that our client was above a .20 BAC and nearly ran another car off the road we were still able to negotiate a favorable disposition. The client was a medical student in a highly competitive program. By being creative and using our client’s positive attributes we were able to get the charge reduced to a DWAI and Failure to Keep Right in full satisfaction. This allowed him to continue to move forward with his career dreams and avoid a criminal conviction.

People vs. J.B. In this case the client was charged with DWI and Aggravated DWI, both misdemeanors, as well as two traffic infractions. The client’s BAC was alleged to be a .21. The initial offer was for our client to plead to a misdemeanor DWI with maximum fines and the ignition interlock device. We continued negotiating on our client’s behalf. We were finally able to secure a plea deal that allowed our client to plea to the non criminal offense of DWAI in full satisfaction of all the charges. This plea deal did not mandate the ignition interlock and allowed our client to avoid a criminal conviction.

People vs. A.G. Our client faced 14 charges including two Aggravated DWIs. If convicted, he would have lost his license for at least one year and possibly served jail time. Through vigorous negotiations with the Assistant District Attorney, we were able to negotiate a plea agreement that reduced our client’s penalty to a six month revocation of his license.

People vs. R.L. Our client was charged with several offenses including Aggravated DWI. If convicted, he faced a mandatory penalty of over $1000 in fines and at least one year revocation of his license. However, we were able to negotiate a plea to a reduced DWAI charge and limited the impact on our client’s driver license to a 90 day suspension.

People vs. A.S. Our client was involved in a single car accident. An officer who was driving near by actually witnessed the accident. The client was ultimately arrested and charged with DWI; DWI above .08; and Aggravated DWI above .18; along with other traffic infractions. The only way our client could continue to work as he needed was to avoid the Ignition Interlock requirement, as such we needed a reduction to the traffic infraction of DWAI from the 3 DWI misdemeanors he was charged with. We started negotiations immediately and sent a letter of equities on our client’s behalf. Through this we were able to show that the client was in treatment, provided a safe facility for ask risk citizens in his community, and had started volunteering to help raise awareness about the risks of DWI. The ADA was able to justify a significant reduction based on our representations and negotiations. Our client was able to secure a DWAI plea which allowed him to avoid a misdemeanor conviction, and the ignition interlock requirements which allows him to keep work as he needs to.

Charged with an Aggravated DWI? Click here to contact us right now to help, or call us now: 1-877-394-3476.

DWI Refusal Case Results

People vs. A.B. In this case our client was charged with DWI and failing to yield to an emergency vehicle. The client refused to submit to a breath test which meant that it was outside of the county’s policy to offer any reduction on the case. However, we were able to show the ADA that there were issues with the case and that our client had no criminal history. We were able to show the ADA through an alcohol evaluation that the client did not constitute an ongoing threat to society. Therefore we made the argument that our client deserved a deviation from their policy. We were also able to keep the client’s license intact during the pendency of the case by conferring with the officers and getting them to agree to an adjournment of the refusal hearing. As such, we were able to keep our client’s ability to driver for work and other necessities throughout the entire process. This case demonstrates our ability to get an equitable result for our client even when it is outside of a particular county’s policy. The client was happy to accept some responsibility for her actions, without the devastating results that could have come from a simple plea to the charge.

People vs. R.P. Client charged with DWI-Refusal and had a prior. Charged in a county that does not reduce refusals OR with someone having a prior DWAI conviction. After going to hearings we were able to convince the ADA if this case was to go to trial they would not get a DWI conviction, they agreed and offered a non-criminal offense without having to go to trial.

People vs. K.M. Our client was charged with several offenses including DWI and Refusal. Because we were able to expose factual errors in the arresting officer’s testimony, the case was dismissed and our client’s commercial driver license was unaffected.

People vs. R.R. Our client was accused of being in a hit and run accident which he denied. The police ultimately ticketed him with leaving the scene of a property damage accident and a DWI. The police alleged that he fled and was ultimately apprehended at a local grocery story. The officers said that they smelled alcohol on our client and that he had impaired speech and motor coordination. During our work on the case we were able to establish issues with the allegation that our client even operated the vehicle. As such we were able to win the refusal hearing and build some testimony for our argument to the DA. We were unable to get an acceptable offer through negotiations therefore we pushed for the case to head to hearings. When we arrived at the probable cause hearing we were able to point out the issues with the case to the DA. Ultimately the DA agreed with our assessment and offered our client a nonmoving parking ticket which carried with it a minimum fines and no effect on our client’s driver’s license and all the criminal charges included the DWI were dismissed.

People vs. R.K. Our client was charged with several offenses including DWI and Refusal. She also happened to live in an area of New York with very strict policies on the application of penalties. Nevertheless, we negotiated a plea to a single lesser charge of DWAI. Our client did not serve any jail time and retained her license.

People vs. D.K. Our client was charged with several offenses including DWI and Refusal. We were able to cast doubt on the field sobriety tests used against her, and she was acquitted.

People vs. K.D. Our client was charged with DWI and Refusal after being involved in a single car accident. We were able to expose weaknesses in the arresting officer’s testimony, and the case was dismissed.

Charged with a DWI Refusal? Click here to contact us right now to help, or call us now: 1-877-394-3476.

Misdemeanor DWI Case Results

People vs. T.B. In this case we had the unique circumstance of having a client who was charged with two misdemeanor DWI’s, allegedly with a BAC .12, who was not guilty of any crime. Client had gone to a house party and intended to call a cab when he left. However his cell phone was dead when he got back to his car so he chose to simply sleep in his car until the morning. At that point he could walk home. While he was sleeping he turned on the engine of the car simply to stay warm. During that time though the cops approached the vehicle and charged him with DWI. The case was exceptionally important to our client because he has a CDL and drives for a living. We were able to get letters from witnesses as to what happened with the client and the fact that the car had never moved after the client left the house party. We were able to provide these to the prosecutor and secure an adjournment in contemplation of dismissal. As long as our client is not arrested in the next six months the charges against him will be dismissed in their entirety. In this case it was important for the client to have a team that worked hard to clear an innocent driver from potentially devastating results of his arrest.

People vs. J.G. In this case, our client was charged with three misdemeanor counts of driving while intoxicated – the 1192.3, 1192.2 and 1192.2(a), allegedly blowing a .19 on the breathalyzer and was also issued a three-point traffic offense. We were able to keep our client’s license through arraignment, this allowed her to avoid the mandatory suspension while the case was pending. Our client works as a supervisor at a facility for individuals with disabilities. Given her responsibilities as a supervisor, any criminal conviction would result in an immediate loss of her job. Additionally, a plea to a misdemeanor would mean that our client would have a criminal conviction for life. We approached the Assistant District Attorney with issues we believe existed in our client’s case and appeared for a probable cause hearing. At the hearing, the ADA offered an out of policy plea to a DWAI- a traffic infraction. Our client was able to plea to this charge and keep her job while also avoiding a criminal conviction. This deal took intense negotiations and a willingness to litigate the case, without either of these to things our client likely would have ended the case with a much different result.

People vs. D.M. In this case, our client was charged with DWI as a misdemeanor, refusal to take a preliminary breath test, and a traffic infraction. Our client was also alleged to have refused to take the breathalyzer. The case carried with it potential consequences that reached far beyond a misdemeanor conviction, given that our client was a licensed professional who needs to be in good standing to practices his given profession. As such, our client knew that he needed to fight the case all the way through trial if necessary. We were first able to win the refusal hearing and allow the client to keep his license while the case was pending. After that we proceeded towards trial because the only offer we were able to procure was an alcohol related offense. On the day of two members of our trial team, Kevin O’Brien and Michael Viscosi, were prepared and ready to litigate the case. Given the result and transcript from the refusal hearing, the ADA made a new offer immediately prior to the commencement of the trial. This new offer of a parking ticket and a 2 point violation of the vehicle and traffic law allowed our client to avoid any potential consequences to his professional license, to keep his New York State driving privileges, and avoid any alcohol related conviction.

People vs. D.B. Our client was charged with one count of misdemeanor DWI, having refused to supply a breath sample when arrested. He was alleged to have hit a telephone pole and then driven away with damage to the front of his truck. The offer by the DA’s office was that our client plead guilty as charged. The prosecutor stated that our client did not deserve a reduction as he had previously been convicted of DWAI, DWI and then during this incident was involved in an accident and refused the breath machine. We suggested that our client undergo treatment, given his obvious issues with alcohol and driving, and that if we were able to successfully participate in real treatment he be offered a reduction to a DWAI. The prosecutor appreciated that we were taking the issue seriously and seeking ways to correct the behavior and gave us the offer of a DWAI based on participation in sanctioned treatment.

People vs. R.O. Our client was charged with three misdemeanor counts of DWI, including an allegation that he was driving with above a .18 bac. This case was particularly challenging because he had three prior alcohol convictions. The original offer was a plea with the potential for incarceration. We wrote a letter to the judge before pleading our client to that offer. We outlined the type of person our client is and how he didn’t deserve, nor could he afford to be incarcerated. The judge ultimately took our position and allowed our client to plead to a DWI but committed to no incarceration. This disposition holds our client responsible for his actions but allows our client to keep his job and continue being a productive member or society. Without taking the extra actions that we did on our client’s behalf this situation could have turned out significantly worse for him and his family.

People vs. M.D. Our client was charged with a DWI and failure to stop at a stop sign. The prosecutor could not offer a reduction to our client based on the county policy of not reducing charges of anyone alleged to have refused the breath test. However, our client was adamant that he was not guilty of DWI and insisted that he would not plead guilty to anything other than Driving while Ability Impaired (DWAI), a traffic infraction. Kevin O’Brien, a member of our trial team handled a probable cause hearing, where we were able to elicit valuable testimony that was favorable to our client. Mr. O’Brien was then able to use this testimony at the subsequent trial of our client. At the trial our client was found not guilty of DWI, a misdemeanor. He was convicted of DWAI and failing to stop at a stop sign, both traffic infractions. This allowed our client to maintain a clean criminal history and avoid having to install an Ignition Interlock Device on any vehicle that he owned or operated.

People vs. N.H. In this case, our client was charged with the misdemeanor charge of DWAI Drugs. She was alleged to have driven down a one way street the wrong way. Her BAC was relatively low and Hydrocodone was found in her system. We were able to show the ADA that she did not have a history of drug abuse nor was she a continuous offender. Our client had significant medical issues which made it necessary to take narcotics for pain. Even though her prescription itself was not a legal defense to the charge, it did sway the prosecutor to offer her a plea outside of the alcohol and drug category. She plead guilty to disorderly conduct and a parking ticket. This plea allowed her to avoid any criminal record and any charge associated with drugs or alcohol.

People vs. L.C. Our client was charged with two misdemeanor counts of DWI. She was traveling with some friends to an event and was pulled over by the New York State police. There were significant facts alleged that our client and her passengers disputed. While she was arrested and her breath test was above the legal limit, we were able to show the assistant district attorney that there were significant legal issues with the stop and subsequent arrest of our client. As a result of our relationship with the DA’s office and persistent negotiation on our client’s behalf we were able to secure a plea bargain that was not a crime or associated with the consumption of alcohol. Our client plead guilty to the non criminal offense of disorderly conduct in satisfaction of all the charges pending against her.

People vs. T.S. Client was arrested and charged with two misdemeanor counts of DWI. He was in an substantial accident and ended up blowing a .16 on the breath machine. Given the bad accident and the relatively high blood alcohol content the DA’s office was originally unable to offer our client a plea that would not result in a criminal conviction. After looking further at the case and breaking down the police paperwork we were able to determine that there were some legal issues in the case. We made our pitch to the ADA and were able to get our client a plea deal, the deal included one count of DWAI. This allowed out client to avoid the interlock device, potential probation and a criminal conviction.

People vs. S.W. This client was charged with two counts of misdemeanor DWI as well as driving across the hazard markings. After evaluating the case, we were able to use an expert to persuade the DA’s office to offer and adjournment in contemplation of dismissal on the DWI charges. The expert was able to show that it was likely that our client was below the legal limit when she was operating her vehicle. By employing this tactic the client avoided any alcohol conviction and as a result did not have her license suspended due to a conviction.

People vs. A.W. This client is employed as a teacher. He was charged with two counts of misdemeanor DWI after being stopped at a roadblock. Due to the fact that he had previously been convicted of DWAI within the previous five years, the initial offer from the DA’s office was a plea to one count of misdemeanor DWI. A misdemeanor could have had a devastating impact on our client’s ability to teach. As such we were able to attack the constitutionality of the road block and secure a plea arrangement that allowed him to plea to another DWAI, which is a non criminal offense. This result will have much less of an impact on our client’s ability to continue on his current career path.

Charged with a Misdemeanor DWI? Click here to contact us right now to help, or call us now: 1-877-394-3476.

DWI CDL Case Results

People vs. C.S This client was charged with a DWI for the third time, having two prior alcohol convictions in the past. His case was particularly important because the client had a CDL and he would be subject to a mandatory revocation of his Commercial Driving privileges (no conditional privileges on commercial operation) with any alcohol conviction. We were able to negotiate a non alcohol related office. The client plead to one count of Reckless Driving. The client was able to keep his CDL and by doing so he was able to also keep his job.

People vs. C.S.Our client was charged with DWI. Because our client relied on his commercial driver license (CDL) every day for work, it was critical that we avoid revocation of his CDL. We worked with the assistant district attorney on the case to negotiate a plea to the reduced charge of reckless driving. This plea resulted in one year of probation and a small fine. However, our client maintained his CDL and his job.

People vs. B.K.Our client was charged with DWI and Reckless Driving, both misdemeanors. He was also charged with failure to keep right, speed not reasonable and prudent, unlicensed operation, no seat belt and refusal to take a breath test. The client possesses a CDL and thus would be unable to work if he were to lose his license due to an alcohol related conviction. Through negotiations and legal arguments, we were able to convince the DA’s office to offer a non alcohol related plea deal. Our client was able to plead to Reckless driving and a parking ticket. This result allowed our client to keep his license and his job.

People vs. S.D. This case our client was charged with two misdemeanor counts of driving while intoxicated, allegedly blowing above a .08 on the breathalyzer. We were first able to keep our client’s Commercial Driver’s license at arraignment, this allowed him to avoid the mandatory suspension while the case was pending. Our client has a CDL and drives for a living so we needed to make sure that he was able to keep his job and business which requires him to have his license. The original offer was a DWAI but that reduction did not help our client as it would result in him having his license suspended and not being able to drive commercial vehicles. We filed motions and appeared for a hearing. At the hearing we watched the video with the ADA and pointed out the legal issues with the stop and subsequent arrest. The ADA offered an out of policy plea to Reckless Driving. Our client was able to plea to this charge without losing his license. This result was not only outside of this particular DA’s office policy, it also allowed our client to keep his job and avoid any conviction related to alcohol. If our client had plead to any alcohol related job his CDL would have automatically been revoked for a minimum of one year, because of our efforts he never missed a day of driving.

Charged with a DWI with a CDL? Click here to contact us right now to help, or call us now: 1-877-394-3476.

Additional DWI Case Results

People vs. J.W. In this case our client was a veteran in the U.S. Military. He had been out with some friends having drinks and on his way home drove into a ditch. From there he started walking home. While walking he got a call from the police where he admitted to being in the accident and gave the officers his address. He was ultimately charged with two misdemeanor counts of DWI after allegedly blowing a .09 BAC. The client was concerned about his security clearance and his career. We were able to convince the ADA to offer a plea to driving across the hazard markings and leaving the scene tickets, emphasizing that our client was very cooperative and in fact directed the officers to him. His low BAC and our extensive work to help this client allowed him to avoid and alcohol conviction and continue serving our country without any additional ramifications.

People v.s R.W. Client was involved in an accident on his motorcycle while he was on a charity ride. Client had an injury to his toe and had to be hospitalized. At the hospital, client had his blood drawn. The blood ultimately came back at a .13. Client was charged with two counts of misdemeanor DWI. Due to intense negotiations with the ADA handling the case, we were able to avoid having the client’s license suspended while we were attempting to negotiate a disposition. Eventually we were able to negotiate a DWAI plea. This was an excellent result for the client as it resulted in client not having to plea to a misdemeanor. It also was due to our extensive work on the case that we were able to get the ADA to go outside of the county policy. Typically the ADA would not reduce a DWI charge where there was an accident or where there was a prior DWAI conviction. In this case we were able to get the result we needed even though there was an accident and our client had previously been convicted or DWAI by showing the ADA the weaknesses of the case.

People vs. J.S. Our client in this case has had ongoing issues of PTSD due to his military service. These issues facilitated his making a poor choice to drink and drive, he was ultimately stopped and arrested at a roadblock. Our client had a previous DWAI so it was the DA’s policy to not reduce this charge as it was his second offense. Our team wanted to help our client with not only his mental issues but to avoid a criminal conviction. We helped our client get into some intensive counseling that was specific to his PTSD and his military service. Through such counseling and treatment, our client was able to demonstrated that in dealing with his ongoing issues he was taking this matter seriously and that it should not be an issue for him in future. Our team was able to demonstrate these factors to the ADA and show that while our client had made poor decisions, he was particularly deserving of some consideration due to his service of our country. We were able to persuade the prosecutor to deviate from the policy and give our client another chance to avoid being labeled as a criminal. The hard work of our team and our client made it possible for him to plead to the non criminal violation of DWAI. Without the extra efforts of our team and client he could have ended up in a much worse situation.

People vs. N.W. Our client was charged with speeding (88 in a 65) and a DWAI due to having a .07 BAC level according to the breath test. In this case our team of attorneys knew that the situation was much different for our client given that she had a New Jersey license. Even though her BAC was relatively low, a typical DWAI offer would not help our client as it could result in up to a two year suspension of her driving privileges in New Jersey. It took many lengthy conversations with the ADA handling the case but we were able to negotiate a disposition that allowed our client to two violations that were unrelated to speed and alcohol. The allowed our client to avoid any potential consequences to her license in NJ, escape with minimal fines, and no criminal record.

People vs. C.C. In this case our client was charged with boating while intoxicated, boating while above a .08, and reckless operation. The client was alleged to have been operating a boat while his BAC was a .19. The client insisted that it was not he who was driving the boat at the time that they were stopped by law enforcement. We told the prosecutor the client’s version of the events and provided him with an affidavit by another person on the boat who claimed they were driving the boat. Given the difficulties in the case the prosecutor agreed to an adjournment in contemplation of dismissal (ACOD). This allowed our client to avoid any penalties whatsoever. As long as he gets in not further trouble with the law during the next 6 months the case against him will be dismissed in its entirety.

People vs. M.M We were retained by a client who had blown into the interlock device on his vehicle and registered a .10. The DA’s office wanted the client violated on his previous conviction which included a conditional discharge. We argued to the judge and the ADA that the client actually was not in violation of any condition of his previous plea. The condition was that he have the interlock installed, which he did. There was no condition that he not drink or that he pass each time he blew into the interlock device. The judge agreed with our argument and kept our client on the original conditions. This allowed our client to avoid probation or jail, which could have resulted from a violation of the conditional discharge. By knowing the law and being able to apply it to this specific case our client received no new consequences due to his error in judgment.

People vs. J.H. Client charged twice in 4 months, in both situations we were able to plead client out to non-alcohol/non-criminal offenses. In the 2nd charge we took the case to trial, just before the trial we tried one last push based on the facts and circumstances of the case to get a non-alcohol/non-criminal offenses. The ADA went to speak with the officer after this conference and at this point the ADA agreed to drop the case and have the client plead guilty to “following to closely”.

People vs. E.B.Our client was involved in a head-on collision and charged with DWI. In light of her prior DWAI conviction, she faced possible jail time and revocation of her driver license. Our efforts on her behalf yielded a result that pleased the client and her husband. She pleaded guilty to the reduced count of DWAI and a traffic violation, and she avoided the more serious penalties allowed by law.

People vs. J.H. Our client was charged with DWAI while a prior DWAI charge was still pending. However, we were still able to leverage doubts regarding the proofs of intoxication used against our client, and he pleaded to a lesser non-alcohol related charge. Our client did not serve any jail time and retained his license.

People vs. W.L. Our client was charged with DWI. Despite a recent DWAI conviction, we were able to negotiate a plea to a reduced DWAI charge. Our client was not required to serve any jail time.

People vs. C.M. Our client was charged with DWI. Because he earned his living with his commercial driver license, it was critical we avoid revocation of his license. This goal was achieved when our client pled to a reduced charge, paid a small fine, and went back to work.

To view additional case results, please visit our results listing.