This deal took intense negotiations and a willingness to litigate the case, without either of these two things our client likely would have ended the case with a much different result.
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.