After a 20 minute argument,
I convinced the Judge that 2 of the prior OUIs should not count
against him.
Morris
irrs at windjammercapital.com
Sun Apr 29 23:42:28 PDT 2007
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" Then I demonstrated the 2 sobriety tests in front of the jury, pointed
out they were done at 1 AM on the fog line of a highway with CARS
SPEEDING BY just 2-3 feet away.
Result: the Police immediately wrote my client a letter stating they
would return his license and admitting the error.
The jury didn't agree: they acquitted him after deliberating less than
15 minutes.
The DA immediately agreed with me and reduced the charge.
At trial, I asked the officer, "Exactly how wide was that imaginary
line?
" and "How much did you have to drink tonight? When caught, she admitted
she was drunk.
After registering a .
On cross examination, I made all 3 officers admit they never actually
saw him drive. I negotiated a plea deal where 4 charges were dropped
outright.
We went back to Court immediately and the DA didn't even try to oppose
my Motion. I called the Police Prosecutor, pointed out the error and
faxed over the relevant statutes.
At trial, we admitted her medical records showing a back condition
explained the unsteadiness on her feet and difficulty exiting the car.
He stopped him and arrested him for OUI.
Though she tried to take the breath test 5 times, police mercilessly
accused of 'blowing out of the side of the tube. 15 after a bad
accident. " Then the officer asked him a series of questions in their
OUI computer form including, "Where were you coming from?
With 5 infractions already on his license, if responsible on all 5 of
the new charges, he would have triggered an additional 60 day suspension
for which no work license is available and lost his job. Under the new
law, anyone with a prior OUI over 10 years old may be treated as a 1st
offender again once in a lifetime.
" The officer and DA claimed they were "routine booking questions" they
always ask. " As he stammered to answer, the jury got the point.
Although his prior offense was just over the ten year "lookback" period,
I convinced the Judge to give him a chance to be treated as a first
offender.
He dismissed both criminal charges, saving her a 15 month license loss
and a criminal record.
His driving record was so bad that if he was found responsible of even 1
additional charge he would have had no chance for a work license.
Result: as soon as the Registry Hearing Officer saw my Memorandum she
immedi
0 GPA and worked as a waitress to go to school.
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