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.
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.