Why do we win so often? It's fairly simple - we put in the time and effort. Every trial and every hearing receives extensive preparation so that you walk away with the best possible results. Another nice effect of winning regularly is that the plea offers we seek and receive are better now than they have ever been.

More winning = better plea deals for you.

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. In a couple of instances, I reported examples of trials where the client did not take my advice, because there are important lessons to be learned. I've left out hundreds of the plea agreements that led to charge reductions for our clients because I don't want to discourage prosecutors from making those offers in the future.

People v. D.C. (Livingston County DWI Trial, June 2024)

Practice Area: DWI Trial, Refusal

Description: Client was arrested for DWI after police stopped them for speeding. After a trial the judge found our client guilty of the lesser, non-criminal Driving While Ability Impaired offense and speeding. No ignition interlock, no probation, no jail.

Verdict: Client was found not guilty of misdemeanor DWI, but they were convicted of the non-criminal offense of Driving While Ability Impaired.

***

People v. D.P. (Livingston County DWI Trial, June 2024)

Practice Area: DWI Jury Trial, Refusal

Description: Client was arrested for DWI after police stopped them for a window tint violation. Using dashcam video, the arresting officer's own testimony, and police paperwork that suggested our client was not intoxicated, we beat the misdemeanor DWI charge at a jury trial. After three hours of deliberation the jury found our client guilty of the lesser, non-criminal Driving While Ability Impaired offense. No ignition interlock, no probation, no jail.

Verdict: Client was found not guilty of misdemeanor DWI, but they were convicted of the non-criminal offense of Driving While Ability Impaired.

***

People v. J.S. (DMV Refusal Hearing, May 2024)

Practice Area: DWI Refusal Hearing

Description: Client allegedly refused a breath test after a motor vehicle accident. When the police officer did not appear for the DMV Hearing, Mr. Militello found a defect in the paperwork (there was no documentation of a lawful arrest) and moved to have the matter closed. The DMV's administrative law judge agreed, and our client received their license back.

Verdict: LICENSE RESTORED.

***

People v. N.H. (DMV Refusal Hearing, May 2024)

Practice Area: DWI Refusal Hearing

Description: Client allegedly refused a breath test after being pulled over for poor driving. When the police officer did not appear for the DMV Hearing, Mr. Militello found a defect in the paperwork (there was insufficient documentation of an actual refusal) and moved to have the matter closed. The DMV's administrative law judge agreed, and our client received their license back.

Verdict: LICENSE RESTORED.

***

People v. B.K. (Wayne County, May 2024)

Practice Area: DWI Trial, BAC .15%

Description: Client was arrested for DWI after police allegedly found him sleeping in his car. On the morning of our first scheduled trial date the prosecution requested an adjournment because a key witness was unavailable. When we returned on the adjourn date neither the prosecutor nor any of the witnesses came to court. This is exactly why - even when a case looks like it can't be won - it is so important to just show up. The judge made a quick calculation of the time that had passed since we requested a trial and dismissed the case in its entirety.

Decision: CASE DISMISSED

***

People v. E.R. (Wayne County, March 2024)

Practice Area: DWI Refusal (Under 21) Trial

Description: Client was pulled over for flashing hi-beams and Failing to Keep Right. Police said our client failed the field sobriety tests. Luckily, there was body cam video. After watching the body cam video, the judge found that police did not properly administer the so-called Field Sobriety Tests. The judge also found that the pre-screen breath test was not operating properly (despite police testimony to the contrary.)

Decision: NOT GUILTY of misdemeanor DWI. VTL 1192-a Operating a Vehicle after Consuming Alcohol While Under 21, DISMISSED.

***

People v. J.S. (Ontario County, March 2024)

Practice Area: Ignition Interlock Device Violation

Description: Client with a court-ordered ignition interlock device was accused of violating his conditional discharge by using alcohol before attempting to start his vehicle. Mr. Militello found a fatal flaw in the Declaration of Delinquency and moved for dismissal after oral arguments.

Decision: DECLARATION OF DELINQUENCY DISMISSED, CLIENT RESTORED TO THEIR CONDITIONAL DISCHARGE

***

People v. D.Y. (Monroe County, February 2024)

Practice Area: DWI .16%, Motor Vehicle Collision

Description: Client was charged with DWI after rear-ending a vehicle. Client allegedly gave a breath sample with a BAC of .16%. Prosecutors did not file a certificate of compliance within the 90-days allowed by law, and we moved to dismiss the case on speedy trial grounds.

Verdict: ENTIRE CASE DISMISSED ON MOTION OF THE DEFENSE.

***

People v. P.B. (Monroe County, February 2024)

Practice Area: DWI .12%, Failure to Yield to a Pedestrian

Description: Client was charged with failing to yield to a pedestrian and DWI. They allegedly gave a breath sample with a BAC of .12%. Prosecutors did not file a certificate of compliance within the 90-days allowed by law, and we moved to dismiss the case on speedy trial grounds.

Verdict: ENTIRE CASE DISMISSED ON MOTION OF THE DEFENSE.

***

People v. K.K. (DMV Refusal Hearing, October 2023)

Practice Area: DWI Refusal Hearing

Description: Client refused a breath test after a motor vehicle accident. We moved to have the case dismissed and closed, the DMV's administrative law judge agreed, and our client received his license back.

Verdict: LICENSE RESTORED.

***

People v. C.B. (Monroe County, October 2023)

Practice Area: Aggravated DWI, Sobriety Checkpoint, BAC .19%

Description: Client was stopped at a sobriety checkpoint, admitted to drinking, failed the field sobriety tests, and gave a breath sample that tested their BAC at .19%. Sobriety checkpoints are inherently unconstitutional because unless they fit a very narrow set of criteria, they are an unreasonable search and seizure. Mr. Militello raised this issue in motion practice, took the case to a pre-trial hearing, and argued that the Prosecution failed to establish the criteria necessary to prove the checkpoint was legal. His argument prevailed, all the evidence collected by police was suppressed, and the Prosecution had no evidence to take to trial.

Verdict: ENTIRE CASE DISMISSED ON MOTION OF THE DEFENSE.

***

People v. K.D. (Monroe County, October 2023)

Practice Area: DWI Refusal, Accident

Description: Client was leaving a law enforcement fundraising event when they allegedly hit a mailbox and damaged a lawn. They allegedly refused a breath test, then refused some field sobriety tests while failing the rest. Prosecutors did not file a certificate of compliance within the 90-days allowed by law, and we moved to dismiss the case on speedy trial grounds.

Verdict: ENTIRE CASE DISMISSED ON MOTION OF THE DEFENSE.

***

People v. D.B. (Monroe County, September 2023)

Practice Area: DWI Refusal, Accident

Description: Two sheriff deputies were having dinner when they heard a loud sound. After leaving to investigate they allegedly found our client attempting to gas up a vehicle with no front driver-side tire and a flat rear driver-side tire at a closed gas station. They questioned a person who was leaving the scene; that person told the deputies she was a passenger in the car. Our client was arrested for DWI, and he refused to take the breath test. Through motion practice we were able to keep all our client's statements from coming into evidence. At the end of the trial, Mr. Militello made a motion for a trial order dismissal, on the argument that the Prosecution presented insufficient evidence to make a prima facie case for a conviction. The motion was granted, and the entire case was dismissed.

Verdict: CASE DISMISSED AFTER TRIAL.

***

People v. M.M. (DMV Refusal Hearing, June 2022)

Practice Area: DWI Refusal

Description: Client was approached by police after 911 reported a "suspicious condition called in by a concerned citizen." Our client refused to submit to a chemical test of their breath, and was arrested for DWI. The deputy sheriff completed a 'Report of Refusal to Submit to Chemical Test,' which triggered a suspension of our client's driver's license and a hearing by the DMV. The deputy sheriff did not show up for two hearings in a row, and the DMV was forced to base their decision on the paperwork submitted by the deputy sheriff. In his paperwork, the deputy sheriff failed to allege operation of the motor vehicle by our client. We moved to have the case dismissed and closed, the DMV's administrative law judge agreed, and our client got his license back.

Verdict: LICENSE RESTORED.

***

People v. D.D. (DMV Refusal Hearing, March 2022)

Practice Area: DWI Refusal, Roadblock

Description: Client was arrested at a sobriety checkpoint after failing the field sobriety tests and refusing to submit to a chemical test of their breath. The DMV was required to hold a Refusal Hearing on the issue of whether Client's license was going to be revoked for one year as a result of the alleged refusal. In order to revoke a person's driver's license, the DMV has to demonstrate that there was a lawful arrest of the person. In this case, the issue of whether Client was lawfully arrested came down to how the sobriety checkpoint was being run. Most people know that it is unconstitutional to stop a vehicle in motion without probable cause to believe that a crime is being committed. An exception to that rule involves sobriety checkpoints that are carried out under specific circumstances. The Trooper who testified at the Refusal Hearing admitted that the checkpoint was being run unlawfully, and as a result, the arrest of our Client was illegal.

Verdict: LICENSE RESTORED.

***

People v. S.C. (Monroe County, February 2022)

Practice Area: DWI Refusal, Unsafe Lane Change, Failure to Signal Within 100'

Description: Client was arrested for DWI after being stopped for crossing a double yellow line during a wide turn, and failing to signal before coming within 100' of that turn. The arresting officer was a little sloppy during his investigation, and I took advantage of that. His notes were a little vague, lacking key facts that could have convicted my client, so during cross-examination I focused on what wasn't in his notes. For example, the officer noted that he could smell alcohol from the car but didn't note that it was coming from my client when she stepped out of the car. The officer noted that she made mistakes on the field sobriety tests so I focused on the things she did correctly during the test.

Verdict: TRIAL ORDER DISMISSAL on the charge of unsafe lane change. NOT GUILTY on the charge of failing to signal within 100'. Client was found NOT GUILTY of misdemeanor DWI, but she was convicted of the non-criminal offense of Driving While Ability Impaired.

***

People v. M.E. (Monroe County, January 2022)

Practice Area: Felony DWI

Description: Client was arrested for DWI after being stopped for driving 65 mph in a 30 mph zone. The evidence was shaky at best, but the District Attorney's Office declined to offer a reduction to a non-criminal offense.

Verdict: NOT GUILTY ON ALL COUNTS after trial.

***

People v. J. C.-S. (Monroe County, November 2021)

Practice Area: DWI

Description: Client was arrested for DWI after the vehicle he was in collided with a lamppost. He was brought to a hospital where they drew his blood. There was quite a bit of evidence that my client was not the driver of the vehicle, but the District Attorney's Office rejected our attempts to negotiate a dismissal.

Verdict: CASE DISMISSED. Prosecutors must announce that they are ready for trial within 90 days of a misdemeanor arraignment. In this case the prosecution announced readiness in a timely manner, but then repeatedly asked for adjournments because they were not ready to proceed to trial when they said they would be. Mr. Militello argued that the case was "speedy-trial dead," and the court dismissed the case against our client.

***

People v. R.B. (Monroe County, September 2021)

Practice Area: DWI, Refusal

Description: Client with an extensive criminal history was arrested for DWI after getting into an accident, driving into another jurisdiction, and getting into another accident. He was walking away from the car when he was apprehended by police.

Verdict: Client was found not guilty of misdemeanor DWI, but he was convicted of the non-criminal offense of Driving While Ability Impaired.

***

People v. M.V. (Ontario County, September 2021)

Practice Area: DWI, DWAI Drugs, Zero Tolerance Law, Blood Draw

Description: Client was arrested for DWAI Drugs after colliding with a tree. He was brought to a hospital where they drew his blood.

Verdict: Case Dismissed. Prosecutors must announce that they are ready for trial within 90 days of a misdemeanor arraignment, and they cannot announce readiness for trial until they have turned over all the discovery in the possession of law enforcement. In this case, the prosecution failed to turn over important documents related to a search warrant until well after the 90-day deadline. After two sets of motion papers, a motion argument, and then a written post-argument submission, the local court dismissed the case against my client.

***

People v. J. Doe (Livingston County, September 2021)

Practice Area: DWI, Refusal
Description: Client was arrested for DWI after running a stop sign and failing the field sobriety tests.

Verdict: The prosecution refused to offer a reduction to the charges in exchange for a plea, so there was very little to lose by going to trial. It was my advice that we have a jury trial, but my client was very concerned with privacy and chose to have a bench trial. (In bench trials, the judge decides guilt or innocence instead of a jury.) I want to note that I do not charge people extra fees for a jury trial; when we first meet I will give you a quote for your case that includes all attorney fees through a jury trial. Unfortunately, the judge found the client guilty of misdemeanor DWI. This happens sometimes, and I don't like it, but this is a case where I suggested that we go to trial, so I am publishing the result.

***

People v. M.T. (DMV Refusal Hearing, July 2021)

Practice Area: Chemical Breath Test Refusal Hearing
Description: Client's vehicle was stopped for speeding and he failed all the field sobriety tests. Police did not appear at the first hearing, so I subpoenaed two officers. Neither showed at the second scheduled hearing.

Verdict: CASE DISMISSED because the police officers failed to appear. Sometimes we win because we just bother to show up, and I'll take that win, thank you.

***

People v. W.F. (Monroe County, June 2021)

Practice Area: DWI, BAC .13%
Description: Client was arrested for DWI after police found him in a car parked on the expressway, leaning out and vomiting. He failed the standardized field sobriety tests, gave a breath sample that returned a BAC of .13%, and was arrested.

Verdict: The prosection declined to make a plea reduction offer and so the case went to trial. NOT GUILTY of misdemeanor DWI. After a trial our client was found guilty of the non-criminal offense of Driving While Ability Impaired. No jail, no probation, no ignition interlock device.

***

People v. A.B. (Monroe County, April 2021)

Practice Area: DWI Refusal
Description: Client was arrested for DWI after police approached his car that was parked on the side of the road, woke him up, and directed him to perform field sobriety tests. Client refused to perform a breath test.

Verdict: TRIAL ORDER DISMISSAL on the charge of consumption of alcohol in a motor vehicle, NOT GUILTY of misdemeanor DWI. After a trial and review of body cam footage, our client was found guilty of the non-criminal offense of Driving While Ability Impaired. No jail, no probation, no ignition interlock device.

***

People v. V.J. (DWI, Ontario County, March 2021)

Practice Area: DWI, Motion to Dismiss
Description: Client was arrested for DWI after a sheriff's deputy approached his car that was parked on the side of the road, woke him up, and directed him to perform field sobriety tests. Client agreed to give a breath test that returned as a .13% BAC.

Verdict: CASE DISMISSED IN THE INTEREST OF JUSTICE. A combination of factors led to an extended period during which my client was stuck in limbo; his license was suspended pending prosecution but the prosecution was delayed substantially through no fault of my client. It should also be noted that a Certificate of Discovery Compliance was never filed by the Prosecution, although the court specifically said in its decision that it was not addressing the speedy trial issue.

***

People v. E.C. (Monroe County, March 2021)

Practice Area: DWI Refusal
Description: A civilian witness testified that my client was crossing the median of the road and driving erratically, so she called 911. The first responding officer testified that my client smelled like alcohol and admitted to being "over the limit." The second responding officer testified that my client failed four different field sobriety tests. The prosecution closed by asking the Court to consider my client knew he was guilty because of his statements and because he refused the breath test. In his defense we pointed out that, (1): the civilian witness was never asked to identify our client after his arrest, (2) that the first responding officer said our client was dressed in an "orderly fashion," whereas the second officer said his pants were stained and he was disheveled; and (3) the second officer didn't really know that much about field sobriety testing despite claiming to have been trained on it.

Verdict: NOT GUILTY of misdemeanor DWI. My client was convicted after trial of the non-criminal offense of Driving While Ability Impaired (DWAI). No jail. No probation. No ignition interlock device. Minimum fine, surcharge.

***

People v. C.K. (Motion Hearing, Monroe County, August 2020)

Practice Area: Motion to Dismiss
Description: The arresting officer testified that he thought the driver and passenger of the car switched seats. He did not interview the person he thought was driving, and instead arrested my client - the person who he thought was a passenger. At the hearing, my client also testified that she was the passenger and not the driver.

Verdict: CASE DISMISSED FOR LACK OF PROBABLE CAUSE. My client did not drive the vehicle, nor did they touch any of the mechanical parts that would be used to operate the vehicle (did not touch the keys, stick shift, gas). The officer arrested the wrong person.

***

People v. A.R. (Ignition Interlock Violation, February 2020)

Practice Area: Ignition Interlock Device Violation
Description: Client was called back to court because they were alleged to have two IID tests that were positive for alcohol. I saw that the charging documents had a flaw that could not be fixed, and the case was dismissed on our motion.

Verdict: CONDITIONAL DISCHARGE RESTORED and case dismissed.

***

People v. C.K. (DMV Refusal Hearing, January 2020)

Practice Area: Chemical Breath Test Refusal Hearing
Description: Client's vehicle was stopped for "Moved from Lane Unsafely." Client took the Field Sobriety Tests and the alcohol pre-screen breath test but she refused the chemical breath test.

Verdict: LICENSE RESTORED because the officer's testimony did not establish my client's refusal to take the test.

***

People v. C.P. (Monroe County, December 2019)

Practice Area: Aggravated DWI - BAC .20%
Description: Client rear-ended another vehicle that had stopped at a light. The client did relatively well on the so-called Field Sobriety Tests, although she had a chemical breath test result of .20% BAC.

Verdict: NOT GUILTY of misdemeanor Aggravated DWI and all the related traffic infractions. Client was convicted after trial of the non-criminal offense of Driving While Ability Impaired (DWAI). No jail. No probation. Minimum fine, surcharge.

***

People v. L.P. (Monroe County, December 2019)

Practice Area: DWAI Drugs
Description: Client was in a one-car accident and passed a breath test for alcohol. Police drew blood with the client's consent (NEVER consent to that, BTW), and when the toxicology report came back, they charged the client with DWAI Drugs.

Verdict: Case dismissed on the motion of the prosecutor after we reviewed the toxicology report together and I made the argument that all drugs in my client's system were not only prescribed, but within therepuetic levels.

***

December 2019 TRIAL UPDATE

As I wrote above, I do not post specific plea outcomes. However, I have always said that excellent trial preparation and a reputation for excellent trial results leads to better plea outcomes. During month of November, leading into early December 2019, I had five (5) DWI cases scheduled for trial. In each instance the prosecutors made a last-minute (day-of-trial) plea offer to a non-criminal offense.

***

People v. D.S. (Monroe County, October 2019)

Practice Area: DWI - Refusal
Description: Client drove at a high rate of speed into a barrier where the road diverged into two lanes. When police arrived the client exited the car and attempted to walk away. Police reported a strong odor of an alcoholic beverage, poor coordination, and an uncooperative attitude. When asked to take a breath test, the client refused.

Verdict: NOT GUILTY of misdemeanor DWI. Client was convicted after trial of the non-criminal offense of Driving While Ability Impaired (DWAI). No jail. No probation.

***

People v. A.H. (Wayne County, August 2019)

Practice Area: DWI - BAC .13%
Description: Client ran approximately 50' off the road, and hit a mailbox. After failing five field sobriety tests, they blew a .13%.

Verdict: NOT GUILTY of misdemeanor DWI, NOT GUILTY of failure to maintain lane. Client was convicted of the non-criminal offense of Driving While Ability Impaired (DWAI). In this case, the prosecution had some issues demonstrating that proper breath test procedures were followed, and we were able to avoid a criminal conviction. No jail. No probation.

***

People v. E.C. (DMV Refusal Hearing, August 2019)

Practice Area: DWI - Refusal
Description: Client was arrested for DWI in a parking lot, and he allegedly refused to take a chemical breath test.

Verdict: LICENSE RESTORED. At a DMV Refusal Hearing, the testifying police officer has to demonstrate that (1) she had reasonable grounds to believe the defendant was operating a motor vehicle in violation of the DWI statute (VTL 1192); (2) she made a lawful arrest of the defendant; (3) she read the defendant the DMV Commissioner's DWI Refusal Warnings in "in clear or unequivocal language, prior to such refusal that such refusal to submit to such chemical test or any portion thereof, would result in the immediate suspension and subsequent revocation of such person's license or operating privilege whether or not such person is found guilty of the charge for which the arrest was made;" and (4) the defendant refused to take either a chemical breath test or blood test.

In this case, the police officer could not establish that a lawful arrest of the defendant was made. The testifying officer had not witnessed the arrest or spoken with a key witness. Most of the evidence produced at the hearing was double hearsay. The client's driving privileges were completely restored.

***

People v. B.W. (Monroe County, July 2019)

Practice Area: DWI - Refusal
Description: Client was pulled over for a loud muffler. He admitted to drinking when the police arrived, failed the field sobriety tests, and he refused to take a breathalyzer test.

Verdict: NOT GUILTY of misdemeanor DWI, NOT GUILTY of muffler violation. Client was convicted of the non-criminal offense of Driving While Ability Impaired (DWAI). As in most refusal cases, the client actually wanted a DWAI conviction. Why? Because in many refusal cases the DMV will completely revoke your license for one year (even before you have a trial.) However, if you are convicted of DWAI, the DMV will typically allow you to get a conditional license. Without a conviction of some sort, you can't drive for a year. In this case the client received the minimum sentence allowed by law. No jail. No probation.

***

People v. M.S. (DMV Refusal Hearing, July 2019)

Practice Area: DWI - Refusal
Description: Client performed a u-turn over a median. When police arrived they arrested him for DWI and claimed that he refused to take a chemical breath test.

In this case, our client never verbally refused to take a breath test, and the testifying deputy did not offer testimony to show that our client made a "constructive" refusal of the breath test. The client's driving privileges were completely restored.

***

People v. M.S. (Monroe County, May 2019)

Practice Area: DWI - Refusal
Description: Client went off the road in snowy conditions and put his car into a ditch. He admitted to drinking when the police arrived, and he refused to take a breathalyzer test.

Verdict: NOT GUILTY of misdemeanor DWI. Client was convicted of the non-criminal offense of Driving While Ability Impaired (DWAI). As in most refusal cases, the client actually wanted a DWAI conviction. Why? Because in many refusal cases the DMV will completely revoke your license for one year (even before you have a trial.) However, if you are convicted of DWAI, the DMV will typically allow you to get a conditional license. Without a conviction of some sort, you can't drive for a year. In this case the client received a sentence of no jail. No probation.

***

People v. D.M. (Monroe County, April 2019)

Practice Area: DWI - Refusal

Client was stopped for speeding and running a red light. The arresting officer testified that the client had slurred speech, bloodshot eyes, and poor balance. Luckily, the body cam video showed that the client had no slurred speech, no bloodshot eyes, and excellent balance.

Verdict: COMPLETE ACQUITAL - NOT GUILTY after a trial of DWI, NOT GUILTY after a trial of DWAI.

***

People v. M.E. (Monroe County, March 2019)

Practice Area: DWI - Refusal

Description: Client was pulled over for traveling 45 mph in a 30 mph zone, and arrested after failing the Field Sobriety Tests.

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.

***

People v. A.R. (Monroe County, March 2019)

Practice Area: DWI - Refusal
Description: Client rear-ended and totaled another vehicle.

***

People v. A.S. (Monroe County, December 2018)

Practice Area: Aggravated DWI - BAC .18%
Description: Client was stopped by police at a DWI roadblock. Body camera footage of the Field Sobriety Testing was not tremendously helpful to the defense; Client repeated herself while counting during the One-Leg Stand, and even on video she appeared to have bloodshot, watery eyes. When she agreed to take the chemical test, her BAC was more than twice the legal limit, and she was charged with Aggravated DWI, Common Law DWI (meaning she appeared to be drunk to the arresting officer), and per se DWI (meaning her BAC was above .08%). During the discovery phase of the case, we found some calibration issues with the chemical testing device (a BAC Datamaster), and decided to attack the accuracy of the test result.

Verdict: NOT GUILTY after a trial of Aggravated DWI; NOT GUILTY after a trial of Common Law DWI; client was found guilty of per se DWI. What does that mean? It means that the judge believed there was an accuracy issue with the BAC Datamaster, but not enough of an issue to completely exonerate our client. After beating two of the three charges (including the most serious count), our client received the statutory minimum sentence. No jail, no probation, and the minimum fine.

***

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

Practice Area: DWI - Refusal
Description: Client was stopped by police for speeding.

***

People v. A.W. (Monroe County, September 2018)

Practice Area: DWI - Refusal
Description: Client was approached by a police officer while sitting in his car in the parking lot of his apartment complex. Police alleged that a gas station attendant called them with an allegation that the Defendant was driving drunk. The attendant was never called as a witness at a pre-trial hearing. The police never witnessed the Defendant operating his vehicle.

Decision: All evidence from the Defendant's interaction with police was suppressed from coming into evidence at trial. The prosecution had no evidence with which to take the case to trial, and the charges were dismissed.

***

People v. M.S. (Monroe County, August 2018)

Practice Area: DWI - Refusal
Description: Client was stopped by a police officer who claimed he read a license plate, ran the plate manually, and then found an expired inspection. When called to testify at a hearing, the officer had tremendous difficulty offering accurate testimony about the events that he alleged in his report.

Decision: All evidence from the traffic stop was suppressed. The prosecution has no evidence with which to take the case to trial, and the charges will be dismissed once speedy trial time runs.

***

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

Practice Area: DWI - .12% BAC
Description: Client was stopped for crossing the white fog line twice, and cooperated with police by taking the field sobriety tests as well as the breath test. On the Walk & Turn test, he took the correct number of steps and performed the turn correctly. Nevertheless, the arresting deputy testified that our client failed all the Field Sobriety Tests.

Verdict: NOT GUILTY after trial of misdemeanor DWI; NOT GUILTY after trial of Failure to Maintain Lane, NOT GUILTY after trial of Failure to Update Registration Address, NOT GUILTY after trial of Uninspected Vehicle, NOT GUILTY after trial of Failure to Notify DMV of Address Change, 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. B.W. (Monroe County, August 2018)

Practice Area: DWI - Refusal
Description: Client with a prior criminal record was arrested for DWI after rear-ending another vehicle.

Decision: 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. 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.

***

People v. K.E. (Monroe County, July 2018)

Practice Area: DWI - Refusal
Description: Client was found asleep behind the wheel of a car allegedly in gear, but not moving in a residential neighborhood.

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

Practice Area: DWI - Refusal

***

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.

***

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.

***

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.

***

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

Practice Area: DWI - Refusal
Description: Police alleged that my client was driving in the center of a road with no lane markings, and they used that as an excuse to detain him.

Outcome: This is a very unusual case. It lasted ten months, in part because the court kept losing judges. In fact, this case was overseen by three different judges. It should have ended after we had a probable cause hearing, but the first trial judge incorrectly ruled that there was probable cause for the police to detain my client. After that ruling, the first trial judge left the court, and the case was overseen by a visiting judge until a permanent justice could be sworn in. The case finally went to trial in front of a third judge, who was not a lawyer. The client was convicted at trial, so he appealed his conviction to a Monroe County Court judge who found the stop to be illegal. The County Court judge reversed the trial court and the entire conviction was thrown out. NOT GUILTY.

***

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.

***

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.

***

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.

***

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.

***

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.

***

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.

***

People v. D.S. (Monroe County, October 2017)

Practice Area: DWI - Refusal
Description: Client was charged with DWI, Reckless Driving, Speeding, Refusal to Take a Breath Test.

Outcome: Client was charged with DWI in 2011, appeared in court, and then left the state before the case was concluded. He was then convicted of a second DWI in another state. The client contacted us to resolve the New York DWI charge, and we took the case to trial. At trial, there was very little evidence of actual intoxication, virtually no evidence of reckless driving, and no evidence that the client refused to take a pre-screen breath test. Despite the lack of evidence, the client was convicted. The client appealed. On appeal, the County Court judge overturned the rulings, acquited the client of Reckless Driving and Refusal to Take a Breath Test, and reduced the DWI conviction to the non-criminal charge of DWAI. No jail, no probation, no ignition interlock.

***

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.

***

People v. R.P. (Monroe County, July 2017)

Practice Area: DWI - BAC .11%

Client was stopped for speeding, and the prosecution did not make an offer to a plea reduction despite a relatively low BAC.

Verdict: NOT GUILTY after a trial of DWI, instead the client was convicted of the non-criminal offense of Driving While Ability Impaired. No jail. No probation. No ignition interlock.

***

People v. M.H. (Monroe County, June 2017)

Practice Area: DWI - BAC .14%

Client was stopped for running a red light, and police found alcohol in his vehicle.

Verdict: NOT GUILTY after a trial of DWI, instead the client was convicted of the non-criminal offense of Driving While Ability Impaired. No jail. No probation. No ignition interlock.

***

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.

***

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.

***

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.

***

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.

***

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.

***

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.

***

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.

***

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.

***

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.

***

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.

***

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.

***

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.

***

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.

***

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.

***

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.

***

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.

***

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.

***

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.

***

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.

***

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.

***

People v. D.M. (Monroe County)

Practice Area: DWI - Refusal
Description: Client with a prior DWI arrest was found by firefighters behind the wheel of his running vehicle, unconscious, in the middle of the road. Police were called, and the client was arrested for DWI after an investigation.

Outcome: This is not a case I am proud of, but I promised to report the results, good and bad. In this case the client was convicted of DWI after a trial. Client was sentenced to the minimums allowed by law. No jail. No probation.

***

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.

***

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.

***

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.

***

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.

***

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.

***

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.

***

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.

***

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.

***

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.

***

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.

***

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.

***

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.

***

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.

***

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.