DWI Trial Results

People v. B.Z. (Monroe County, July 2018)

Practice Area: DWI  - .16% BAC 
Description: Client was stopped for swerving, and cooperated with police by taking the field sobriety tests as well as the breath test. There was no plea offer to a reduction, so we took the case to trial. At the first scheduled trial, the police officer who administered the breath test didn't show up, and the trial date was adjourned. At the second trial date, there was evidence that our client had a blood alcohol content of .16%.

Verdict: NOT GUILTY after trial of misdemeanor DWI; NOT GUILTY after trial of Unsafe Lane Change, guilty of the non-criminal offense of Driving While Ability Impaired. No jail, no probation, no ignition interlock device, and the minimum fine.

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People v. Y.N. (Monroe County, June 2018)

Practice Area: DWI  - Refusal

Verdict: NOT GUILTY after a trial of misdemeanor DWI; client was found guilty of the non-criminal offense of Driving While Ability Impaired. No jail, no probation, no ignition interlock device, and the minimum fine.

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People v. L.A. (Monroe County, May 2018)

Practice Area: DWI  - Refusal, Aggravated Unlicensed Operator 3rd Degree, Refusal to Take Roadside Breath Test, Illegal Window Tints
Description: Client with prior DWI arrest was stopped for excessive window tint. There was no offer from the prosecution, so we scheduled a trial. The arresting deputy misstated the law on the stand and came across as somewhat hostile, neither of which helped the prosecution's case.

Verdict: NOT GUILTY after trial of misdemeanor DWI; NOT GUILTY after trial of excessive window tint, the Aggravated Unlicensed Operator 3rd Degree and Refusal to Take Roadside Breath Test charges were dismissed on our motion. The client was found guilty of the non-criminal offense of Driving While Ability Impaired and Unlicensed Operator. No jail, no probation, no ignition interlock device, and the minimum fine.

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People v. S.B. (Monroe County, March 2018)

Practice Area: DWI  - Refusal, Unlawful Possession of Marihuana
Description: Client was stopped for running a red light and failing to signal. When police searched the vehicle they found a small amount of marijuana. After smelling the strong odor of an alcoholic beverage on our client's breath, the arresting deputy had him perform the Horizontal Gaze Nystagmus Test, Vertical Gaze Nystagmus Test, and Walk and Turn. The deputy testified that our client failed each and every test, and admitted consuming alcohol. The client refused to take the breath test, there was no offer of a reduction to the top charge, so we took the case to trial.

Verdict: NOT GUILTY after trial of misdemeanor DWI; the Unlawful Possession of Marihuana charge was dismissed, guilty of the non-criminal offense of Driving While Ability Impaired. No jail, no probation, no ignition interlock device, and the minimum fine.

 ***

People v. T.C. (Monroe County, March 2018)

Practice Area: DWI  - .14% BAC 
Description: Client was stopped for speeding, and cooperated with police by taking the field sobriety tests as well as the breath test. There was no plea offer to a reduction, so we took the case to trial. At the first scheduled trial, the police officer who administered the breath test didn't show up, and the trial date was adjourned. The same officer failed to appear at the second trial date, and the prosecution moved forward without testimony regarding the breath test result.

Verdict: NOT GUILTY after trial of misdemeanor DWI; guilty of the non-criminal offense of Driving While Ability Impaired. No jail, no probation, no ignition interlock device, and the minimum fine.

 ***

People v. K.B. (Monroe County, February 2018)

Practice Area: DWI  - Refusal 
Description: Client stopped and spoke with police when he came upon an unrelated traffic accident. After smelling the strong odor of an alcoholic beverage on our client's breath, the arresting deputy had him step out of the car. The deputy reported that he swayed and staggered. The deputy had our client perform the Alphabet Test, Horizontal Gaze Nystagmus Test, Vertical Gaze Nystagmus Test, Walk and Turn, and One Leg Stand. The deputy testified that our client failed each and every test, and then he gave a positive screen for alcohol when he blew into an Alco-Sensor. The client refused to take the breath test, there was no offer of a reduction to the top charge, so we took the case to trial.

Verdict: NOT GUILTY after trial of misdemeanor DWI; guilty of the non-criminal offense of Driving While Ability Impaired. No jail, no probation, no ignition interlock device, and the minimum fine.

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People v. D.B. (Monroe County, January 2018)

Practice Area: DWI  - Refusal with an accident and a prior Drinking and Driving conviction.
Description: Client with a prior DWAI conviction flipped her car after striking another vehicle. She admitted to drinking the prior evening, she failed the one field sobriety test given to her, and then she refused to take a breath test. The prosecution made no offer of a reduction from the charge of DWI, and the client opted for a trial by jury.

Verdict: NOT GUILTY after a jury trial of misdemeanor DWI; NOT GUILTY of Driving While Ability Impaired; charge of Unlicensed Operator was dismissed upon our motion for lack of evidence.

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People v. C.M. (Monroe County, January 2018)

Practice Area: DWI  - Refusal with an accident
Description: Client left the scene of an accident after exchanging insurance information with the other person involved in the collision. Police went to her home, at which point she refused the breath test and was arrested.

Verdict: NOT GUILTY after trial of misdemeanor DWI; guilty of the non-criminal offense of Driving While Ability Impaired. No jail, no probation, no ignition interlock device, and the minimum fine.

 ***

People v. S.M. (Monroe County, December 2017)

Practice Area: DWI  - .12% with a prior Drinking and Driving conviction.
Description: Client was stopped by police for a failure to use her signal. She failed the field sobriety tests and her Datamaster DMT result was .12%. There was no offer from the prosecution of a reduction to a lesser offense.

Verdict: NOT GUILTY after trial of misdemeanor DWI; guilty of the non-criminal offense of Driving While Ability Impaired. No jail, no probation, no ignition interlock device, and the minimum fine.

***

People v. N.V. (Monroe County, December 2017)

Practice Area: DMV Refusal Hearing
Description: Client was alleged to have refused to submit to a chemical test in a misdemeanor DWI case. When that happens, the DMV holds a hearing within 15 days of a defendant's arraignment to determine whether their license will be revoked for a full year with no conditional driving privileges. We appeared with our client, who had been in a motor vehicle accident and was accused of refusing to submit to a blood draw. The police officer who asked our client to take a chemical test came to the hearing, and we learned that he had absolutely no firsthand knowledge or evidence that our client was operating a motor vehicle.

Outcome: The Administrative Law Judge for the DMV reinstated our client's full driving privileges.

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People v. J.W. (Monroe County, December 2017)

Practice Area: DWI - Refusal
Description: I'm not happy with this result, but I'm posting it to try and be transparent about the fact that sometimes - particularly when our clients ignore our advice - we lose. Police stopped my client after he backed into another car in a parking lot. He told police he was having a diabetic attack and refused the BAC Datamaster test. He was arrested for DWI.  Despite the breath test refusal, I was able to secure a plea offer to a non-criminal Driving While Ability Impaired charge. Against my advice, our client refused the offer and asked for a jury trial.

Verdict: Guilty after trial of misdemeanor DWI. The jury simply did not believe that my client's symptoms were from diabetes instead of alcohol. When your lawyer warns you against taking a case to trial, then secures you a non-criminal plea offer and suggests you take it, please listen to that advice.

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People v. A.R. (Monroe County, November 2017)

Practice Area: DWI - REFUSAL
Description: Our client was arrested for DWI after being pulled over for speeding 75mph in a 55mph zone. Police alleged she failed five out of six field sobriety tests, and she refused the breath test. The prosecution did not offer a plea reduction and we took the case to trial.

Verdict: NOT GUILTY after trial of misdemeanor DWI. Our client was instead convicted of the non-criminal offense of Driving While Ability Impaired (DWAI), with no jail, no probation, no ignition interlock, and the minimum fine.

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People v. M.S. (Monroe County, September 2017)

Practice Area: DWI - REFUSAL
Description: Our client was arrested for DWI after being pulled over for speeding 88mph in a 55mph zone. Police alleged he failed five field sobriety tests, and he refused the breath test. The prosecution did not offer a plea reduction and we took the case to trial.

Verdict: NOT GUILTY after trial of misdemeanor DWI. Our client was instead convicted of the non-criminal offense of Driving While Ability Impaired (DWAI), with no jail, no probation, and the minimum fine.

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People v. T.H. (Monroe County, May 2017)

Practice Area: DWI & Criminal Possession of a Controlled Substance
Description: Our client was arrested after a car accident on the expressway. Police claim he failed the field sobriety tests and they found a small amount of cocaine in his car. Although our client submitted to a breath test that returned a result of .07%, the prosecution would not make a DWAI offer because of the cocaine and accident. Our client took a private drug screen that showed no cocaine in his system. We refused to accept the misdemeanor offer and scheduled a trial.

Verdict: On the day of trial, the Assistant District Attorney arrived at court and offered a plea to one count of DWAI (a non-criminal offense) with no jail and the minimum fine, in full satisfaction of the DWI and cocaine charges. Our client accepted.

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People v. L.A. (Monroe County, May 2017)

Practice Area: DWI - BAC .14%
Description: Our client was arrested after falling asleep at a drive-through. He failed field sobriety tests and took a Datamaster DMT (a.k.a. Breathalyzer) test, with a result of .14%.

Verdict: When the arresting officer failed to appear at trial without a good reason, the local court justice dismissed all the charges.

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People v. L.N. (Monroe County, May 2017)

Practice Area: DWI  - REFUSAL
Description: Client was stopped by police for using a cell phone while driving. She refused to take a breath test. She performed well on the Walk and Turn field sobriety test, but could not perform the Alphabet test at all - she jumbled all the letters. There was no offer from the prosecution of a reduction to a lesser offense.

Verdict: NOT GUILTY after trial of misdemeanor DWI. Our client was instead convicted of the non-criminal offense of Driving While Ability Impaired (DWAI), with no jail, no probation, and the minimum fine.

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People v. J.B. (Monroe County, April 2017)

Practice Area: DWI  - REFUSAL
Description: Client was stopped by police for traveling approximately 53 mph in a 35 mph zone. She refused to take a breath test. There was no offer from the prosecution of a reduction to a lesser offense.

Verdict: NOT GUILTY after trial of misdemeanor DWI. Our client was instead convicted of the non-criminal offense of Driving While Ability Impaired (DWAI), with no jail, no probation, and the minimum fine.

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People v. B.G. (Monroe County, April 2017)

Practice Area: DWI  - REFUSAL
Description: Client was stopped by police because her headlights were out. She refused to take any field sobriety tests or a breath test. There was no offer from the prosecution of a reduction to a lesser offense.

Verdict: NOT GUILTY after trial of misdemeanor DWI. Our client was instead convicted of the non-criminal offense of Driving While Ability Impaired (DWAI), with no jail, no probation, and the minimum fine.

***

People v. K.K. (Monroe County, March 2017)

Practice Area: DWI  - .12%
Description: Client was stopped by police for a moving violation. She failed the field sobriety tests and her Datamaster DMT result was .12%. There was no offer from the prosecution of a reduction to a lesser offense.

Verdict: Guilty after trial of misdemeanor DWI; no jail, no probation, and the minimum fine. It's extremely unusual for a defendant to be convicted of DWI with a breath test this low, but as you see, it can happen. While we might not be proud of the result, we posted this to be transparent and upfront about not just our wins, but the occasional loss.

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People v. K.R. (Monroe County, March 2017)

Practice Area: DWI - BAC .16%
Description: Client was stopped by a police officer for speeding and leaving his lane three times. This client lives in New Jersey, and his job requires him to drive, so we attempted to negotiate a non-criminal plea with the District Attorney's Office. No plea reduction was offered.

At trial, the arresting police officer testified that he administered four field sobriety tests, and then testified that the tests were not "pass/fail" tests, and that our client had performed "poorly" on three of the tests. (This is simply not the case - field sobriety tests can be passed, and they can be failed.) Perhaps even more strangely, the discovery package included two BAC test results - one that purported to show our client's BAC measured a .16%. The other test result purported to show that the arresting officer also took a BAC test that same night, and that his test registered a .14%.

Verdict: NOT GUILTY after trial of misdemeanor DWI. We asked the judge to consider the lesser, non-criminal offense of Driving While Ability Impaired (DWAI), and our client was convicted of that charge with no jail, no probation, and the minimum fine.

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People v. J.B. (Monroe County, February 2017)

Practice Area: DWI  - REFUSAL
Description: Client was stopped by police for speeding. The arresting officer testified that she failed three Field Sobriety Tests. Her Alcosensor result suggested a BAC of .159%. There was no offer from the prosecution of a reduction to a lesser offense.

Verdict: NOT GUILTY after trial of misdemeanor DWI. Our client was instead convicted of the non-criminal offense of Driving While Ability Impaired (DWAI), with no jail, no probation, and the minimum fine.

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People v. C.C. (Wayne County, February 2017)

Practice Area: DWI  - REFUSAL
Description: Client was stopped by a State Trooper for swerving outside his lane. After performing six Field Sobriety Tests, our client refused the Breathalyzer. The prosecutor offered a plea to misdemeanor DWI.

Verdict: NOT GUILTY after trial of misdemeanor DWI. Our client was instead convicted of the non-criminal offense of Driving While Ability Impaired (DWAI), with no jail, no probation, and the minimum fine.

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People v. B.R. (Wayne County, February 2017)

Practice Area: Aggravated DWI  
Description: This is a cautionary tale for prosecutors. Police responding to a 911 call found our client parked on the side of the road. When the deputy pulled in behind him and activated his emergency lights, our client re-entered traffic without signaling, he crossed into the wrong lane "by several feet," and eventually pulled over. Our client failed three field sobriety tests and consented to a breathalyzer test. The result was a .21% He was charged with Aggravated DWI and common law DWI. We reached out to prosecutors in an attempt to reach a plea, but because of the high BAC test result, they refused any reduction. The case was set for trial. On the day of trial, evidence surfaced that the police officer claiming to hold a Breath Test Operator Permit was not telling the truth, and all the breath test results were suppressed.

Verdict: NOT GUILTY after trial of Aggravated DWI, and NOT GUILTY after trial of common law DWI. He was instead convicted of the non-criminal offense of Driving While Ability Impaired (DWAI), based largely on the abysmal results of his field sobriety tests and his admission to police that he had been drinking that night. The lesson here is that you never know what is going to happen at trial, and you can't always count on the police to make good witnesses.

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People v. M.P. (Wayne County, January 2017)

Practice Area: Aggravated DWI 
Description: This is a cautionary tale for defendants. Police responding to a 911 call found our client's car in a ditch. The 911 caller told police our client had the strong odor of an alcoholic beverage on his breath. An hour after the initial call, police traced the car back to his home, where he was drinking alcohol. Our client agreed to perform field sobriety tests in his living room, and eventually agreed to a breathalyzer test. He blew a .20%. Despite the high breath test, we were able to negotiate a plea offer to a non-criminal Driving While Ability Impaired charge, but our client refused the offer and asked for a jury trial with the hope a "not guilty" verdict.

Verdict: NOT GUILTY after trial of the top count (misdemeanor Aggravated DWI). He was instead convicted of Driving While Intoxicated (DWI). The lesson here is that juries can be extremely unpredictable, and even when there is virtually no proof of intoxication at the point of driving, they can turn against you. When your lawyer manages to secure you a non-criminal plea and suggests you take it, listen to that advice.

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People v. E.P. (Monroe County, November 2016)

Practice Area: Aggravated DWI
Description: Client was arrested for misdemeanor Aggravated DWI after being approached by police while he was allegedly consuming alcohol in his car. His alleged BAC was .26%.

Verdict: NOT GUILTY after trial of misdemeanor Aggravated DWI. He was instead convicted of the non-criminal offense of Driving While Ability Impaired (DWAI). No ignition interlock device, no jail, no probation.

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People v. J.H. (November 2016, Wayne County)

Practice Area: DWI
Description: Client was arrested for misdemeanor DWI after being stopped by police for speeding. Her alleged BAC was .12%.

Result: After a conference with the presiding Judge, the prosecutor was good enough to let this first-time offender have a second chance, and she pled guilty to Driving While Ability Impaired (DWAI). No ignition interlock device, no jail, no probation.

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People v. B.J. (November 2016, Wayne County)

Practice Area: DWI
Description: Client with a professional license was stopped for speeding and arrested for DWI.

Result: By pleading to the non-criminal charge of Driving While Ability Impaired (DWAI), our client was able to avoid further sanctions from New York State as applied to her professional license. No Ignition Interlock, no jail, no probation.

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People v. J.M. (Monroe County, October 2016)

Practice Area: DWI
Description: Client was arrested for misdemeanor DWI after being stopped for speeding. His alleged BAC was .13%. The prosecution declined to make a plea offer.

Verdict: NOT GUILTY after trial of misdemeanor DWI and NOT GUILTY of speeding. Instead, he was convicted of the non-criminal offense of Driving While Ability Impaired (DWAI). No ignition interlock device, no jail, no probation.

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People v. J.P. (Monroe County, August 2016)

Practice Area: DWI - UNDER 21
Description: Client under the age of 21 was arrested for misdemeanor DWI after being stopped for speeding. He refused to take the Breathalyzer test, and police testified that he failed all the field sobriety tests, including the Vertical Gaze Nystagmus.

Verdict: NOT GUILTY after trial of misdemeanor DWI. Instead, he was convicted of the lesser, non-criminal offense of Driving While Ability Impaired (DWAI). No ignition interlock device, no jail, no probation.

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People v. A.H.-T. (Monroe County, August 2016)

Practice Area: DWI
Description: Client was arrested for misdemeanor DWI after being stopped for having tail lamps out. Her blood alcohol content was alleged to be .13%. The prosecution declined to offer a plea to a lesser offense.

Verdict: NOT GUILTY after trial of misdemeanor DWI. Instead, she was convicted of the lesser, non-criminal offense of Driving While Ability Impaired (DWAI). No ignition interlock device, no jail, no probation.

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People v. J.K. (August 2016)

Practice Area: DWI - REFUSAL
Description: Client was arrested for misdemeanor DWI after being stopped for having headlights and tail lamps out. He refused to take the Breathalyzer test.

Verdict: NOT GUILTY after trial of misdemeanor DWI. Instead, he was convicted of the lesser, non-criminal offense of Driving While Ability Impaired (DWAI). No ignition interlock device, no jail, no probation.

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People v. B.H. (June 2016)

Practice Area: DWI
Description: Client was arrested for misdemeanor DWI after being stopped for speeding. Her blood alcohol content was alleged to be .12%. The prosecution declined to offer a plea to a lesser offense.

Verdict: NOT GUILTY after trial of misdemeanor DWI. Instead, she was convicted of the lesser, non-criminal offense of Driving While Ability Impaired (DWAI). No ignition interlock device, no jail, no probation.

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People v. M.W. (May 2016)

Practice Area: DWI - REFUSAL
Description: Client was arrested for misdemeanor DWI after being stopped at a checkpoint. He refused to take the Breathalyzer test.

Verdict: NOT GUILTY after trial of misdemeanor DWI. Instead, he was convicted of the lesser, non-criminal offense of Driving While Ability Impaired (DWAI). No ignition interlock device, no jail, no probation.

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People v. T.E.

Practice Area: DWI
Description: Client was arrested with an alleged BAC of .14%. After a series of successful arguments to the court, most of the government's evidence was precluded or suppressed, and on the morning we were scheduled to begin a jury trial, the prosecution offered a plea to the non-criminal offense of DWAI, which our client accepted.

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People v. C.R.

Practice Area: DWI
Description: Client was arrested with an alleged BAC of .12%, and he admitted to being intoxicated to police.

Verdict: NOT GUILTY after a trial on two counts of DWI, instead he was convicted of the lesser, non-criminal offense of DWAI.

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People v. A.M.

Practice Area: DWI, Defendant under 21
Description: Client under 21 years old was arrested for DWI and was alleged to have a BAC of .14%. Despite an already spotty driving history, I was able to negotiate a plea to the non-criminal offense of DWAI.

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People v. K.T.

Practice Area: DWI - REFUSAL
Description: Client was arrested for DWI and was alleged to have refused a breath test. When the police officer did not appear at the DMV refusal hearing, the Administrative Law Judge temporarily restored our client's driving privileges. I negotiated a plea to the non-criminal offense of DWAI despite the refusal, allowing my client to avoid the one-year license revocation associated with a refusal.

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People v. S.D. (Genesee County)

Practice Area: Aggravated DWI
Description: Client was arrested for Aggravated DWI, with an alleged BAC of .24.
Outcome: After reviewing the facts of the case, we determined that the police had no probable cause to stop the vehicle our client was driving. Attorney Adam Militello took the case to a probable cause hearing, after which the judge determined that the vehicle stop was unlawful, and all the evidence collected was suppressed. The prosecution had no evidence to support the charges against our client, and the case was dismissed.

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People v. C.M. (Livingston County)

Practice Area: DMV Refusal Hearing
Description: Client is alleged to have refused to submit to a Breathalyzer test in a felony DWI case. When that happens, the DMV begins a civil process and holds a hearing within 15 days of a defendant's arraignment to determine whether their license will remain suspended for a full year with no conditional driving privileges.
Outcome: The Administrative Law Judge for the DMV reinstated our client's full driving privileges.

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People v. K.S.

Practice Area: DWI
Description: Client was arrested with an alleged BAC of .16, and charged with misdemeanor DWI.
Outcome: After extensive discussions with the prosecution about the evidence against our client, there was an offer to the non-criminal offense of DWAI, which was ultimately accepted before any hearings or trial.

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People v. I.C.

Practice Area: DWI, DWAI-Drugs
Description: Client charged with misdemeanor DWI and misdemeanor DWAI-Drugs.
Outcome: On the eve of a probable cause hearing, my client accepted an offer of the non-criminal offense Disorderly Conduct.

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People v. S.B.

Practice Area: DWI
Description: Client with a prior criminal record was arrested with an alleged BAC of .14, charged with misdemeanor DWI.

Outcome: our client pled guilty to the lesser, non-criminal offense of DWAI.

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People v. G.S.

Practice Area: Aggravated DWI
Description: Client's BAC was alleged to be .21, charged with Aggravated Driving While Intoxicated.

Outcome: On the eve of trial the district attorney's office made an offer of a reduction the non-criminal offense of Driving While Ability Impaired (DWAI) with no community service and the minimum fine.

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People v. W.P.

Practice Area: DWI
Description: Client's BAC was a .15, charged with DWI after a one-vehicle accident.
Outcome: Client pled to the non-criminal offense of DWAI.

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People v. B.Z.

Practice Area: DWI
Description: Client's BAC was .11, and he had a prior alcohol-related driving conviction. The District Attorney's office initially refused to offer a plea to the non-criminal offense of DWAI because of the prior conviction, but on the night of motion arguments, the DWAI offer was made and the client accepted.

Outcome: Client pled to the non-criminal offense of DWAI.

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People v. J.A.

Practice Area: DWI - REFUSAL
Description: On the morning of trial, the Prosecution offered our client a DWAI plea in satisfaction of a DWI charge that came following a refusal to take a breath test.

Outcome: Client accepted a non-criminal DWAI plea on a misdemeanor DWI refusal case.

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People v. R.L.

Practice Area: Felony DWI
Description: Client was stopped at a roadblock, where police allege he refused a breath test. The client was charged with felony DWI under Leandra's Law. After we brought to light questions regarding the arrest paperwork that called into doubt the identity of the person arrested at the roadblock, the case was sent to the Grand Jury.

Outcome: "No billed" at the Grand Jury, charges dismissed.

***

This is a sample of the DWI case results that we have achieved. I typically post results of cases where I suggest my clients go to trial, even if the results aren't what I had hoped for. Past results do not predict future outcomes, and this is not a comprehensive list of all our cases. This website constitutes attorney advertising.

10.0P. Adam Militello
P. Adam MilitelloReviewsout of 25 reviews
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The Militello Law Firm
2480 Browncroft Boulevard
Rochester, New York 14625
Phone: (585) 485-0025 Fax: (585) 286-3128