Vehicular Homicide - Truck driver charged with vehicular homicide. Due to challenging officer’s defective reconstruction and the inconsistencies of witness statements, case dismissed.
OVI/DUI- Accident - Client ran into side of Home Depot and was hospitalized. Client had priors and blood test was 3 times the legal limit. Because the time of the accident was undetermined and the blood viles arrived at the lab unsealed, case dismissed.
OVI/DUI - Client was arrested for OVI/DUI and refused all tests. Officer’s report indicated that the reason for having client exit the vehicle was because he smelled alcohol. A close review of the video indicated that the officer said to his partner “I don’t smell anything, luck of the draw.” Case dismissed.
Child Endangerment - Young mother left her infant in car seat on kitchen table to go to work believing her husband would be home within minutes. Husband was delayed and infant was found by third party several hours later. Mother was charged with child endangerment and infant was taken by children’s services. Grandmother intervened and attempted to obtain custody. Mother had good- faith belief the infant would not be alone more than a few minutes and could not anticipate father’s delay in arriving home. Case was dismissed and mother and infant were reunited.
OVI/DUI/CDL - Truck driver was charged with 3 OVIs/DUIs in 6 month period. Probable cause for stopping him was challenged and charges were dismissed or reduced and client did not have his CDL revoked and received no operator license suspensions.
OVI/DUI - Client was stopped for speeding and took breathalyzer and was found to be over the legal limit. Trooper determined client’s speed by pacing. The video showed trooper gaining on the client while pacing. The reason for the stop was challenged successfully and case was dismissed.
Domestic Violence - Client was accused of domestic violence on two separate occasions. Police reports indicated that the victims had been drinking. Photographs taken by the police showed empty bottles of vodka that were more than likely consumed by the intoxicated victims. The police never bothered to take the client’s statement. Verdict for the client on both counts.
Theft of Narcotics - Client had access was responsible for inventory of prescription medication. The inventory indicated pain medications were missing and client was charged. Police investigation failed to reveal that supervisor had access to medication and had an opiate problem. The case was dismissed.
Possession of Schedule II Narcotics - Client was arrested for OVI. Client’s purse was retrieved from vehicle and search at the police department found Schedule II narcotics resulting in a felony charge against client. The search of the purse was challenged and it was found that client’s purse could not be searched without her consent. Felony charge dismissed.
Felony OVI - Client was charged with felony OVI being his 6th in 20 years. A review of the prior cases indicated the prior convictions were defective and were challenged on the grounds that they could not be used to support a felony OVI. The felony OVI was dismissed.
Felony OVI/DUI - Client was involved in an accident and his blood was drawn at the hospital without his consent. The OVI/DUI charge was his 6th in 20 years and thus a felony. The results of the blood draw were challenged on the grounds that a warrant was needed to obtain his blood. Client’s motion challenging the blood draw was granted and the felony OVI/DUI was dismissed.