Recent Case Notes

Client was arrested for his 5th OWI, a felony. His blood test was in excess of .30. His biggest concern was having a felony conviction, and the likelihood of being sent to prison. His OWI offenses dated back to the 1980's, thus, the judge would have concluded that the client had a longstanding problem. Despite the fact that the client had been represented by an excellent lawfirm in three of his early offenses, he represented himself in his 4th offense. A successful attack was made by Attorney Cohen to exclude his 4th conviction from being counted as a prior offense. The client was able to avoid a felony conviction, eliminated any probation, and will serve approximately 2 months in jail before being eligible for electronic monitoring/home detention.

Client was charged with OWI-3rd offense. Careful investigation of the breath test machine history showed that the machine failed an accuracy test within 10 days of the client's breath test, and was removed from service. This called into question the accuracy of the client's breath test. Four days before the jury trial, the prosecutor agreed to amend the charge to a reckless driving ticket with a $200 fine.

Client was charged with his 3rd OWI after a citizen called the sheriff's department about the client's driving. The caller was none other than the county highway commissioner, and knew the sheriff's department phone number by heart. He described the erratic driving to the dispatcher, agreed to follow the offending vehicle for miles, narrating its movements and location. The caller identified the vehicle and gave the license plate number. He agreed to stop at the scene of the traffic stop and give a written statement. After arrest, the client's blood alcohol was tested and showed .266. For a guilty plea the prosecutor offered to recommend 90 days jail, 36 month dl revocation, and a fine of $3500. In a pretrial hearing, the stop of the client's vehicle was challenged on the grounds that the deputy that stopped him did not have sufficient facts to believe the client was engaging in any unlawful behavior. The judge agreed and granted the defense motion for supression of all evidence.

Client came to me recently with a felony conviction for Maintaining a Drug House from a 2001 charge. Client had straightened his life around but was denied good jobs because of the old felony conviction on his record. Numerous negotiation sessions with the prosecutor finally resulted in agreement to vacate the felony conviction which would be replaced with 2 misdemeanors. The judge ultimately approved the negotiations. No additional sentence was imposed and the felony was vacated.

Client, a self-employed carpenter, was charged with OWI-3rd offense. The blood alcohol test showed .32 BAC, and the client appeared intoxicated on the squad car video. Client was facing a lengthy jail sentence and a 3 year driver license revocation, with a 1 year wait before being eligible for an occupational license. A conviction would have resulted in the loss of his business, and he was the sole breadwinner for the family. A successful challenge was made to exclude the counting of his last OWI conviction, resulting in the charge being amended to a first offense. The client was spared from any jail sentence and never was without his driving privilege.

Client was charged with OWI-2d and Open Intoxicant in Vehicle. He was stopped for travelling too slow, having a defective turn signal, loud exhaust, weaving out of his lane, and defective license plate lamps. He tested .10 on his breath test and had a nearly full Bud in the console. The trooper testifed in pretrial hearings that the client failed all field sobriety tests. A thorough review of the history of the breath test machine disclosed that the machine had failed its accuracy test 30 days after the client had been tested. When this was brought to the attention of the prosecutor on the day before the jury trial, the case settled. Client ended up with 3 minor traffic tickets and no drunk driving.

Client was an over-the-road commercial driver for nearly 30 years when he was charged with OWI-1st. He had a blood test of .13. A conviction for the OWI would have meant disqualification from operating a commercial vehicle for one year, loss of his trucking business and likely bankruptcy. Although the prosecution's case against the client seemed to be tight, on the day of the jury trial the prosecutor was convinced to amend the OWI charge and the client never lost driving privileges for even a day.

Client was charged with OWI-3rd and had 2 blood tests taken: both above .20. Investigation of the case revealed that the arresting officer had made some significant errors in his paperwork, leaving considerable doubt as to whether he had followed proper protocol in the arrest. Pretrial motions were filed challenging the arrest and the use of the blood test. At the motion hearing, the prosecutor conceded that the State would not likely be able to meet its burden of proof at either the motion hearing or at the jury trial, and agreed to dismiss all charges against the client. Needless to say, the client left the courthouse a happy camper.

Client operated his own interstate trucking business and was charged with OWI-3rd. After refusing the blood test, his blood was forcibly taken and tested above .25. Any suspension or revocation of driver license would have meant a loss of commercial driving privilege, and a conviction for the OWI or Refusal would have put the client out of business. Despite a squad car video showing the client's weaving while driving and poor performance on the field sobriety tests, the prosecutor was ultimately convinced to allow the client to perform probation and ultimately avoid conviction for the OWI. Client never lost driving privileges for even a day.

Client was charged with OWI-3rd and had a blood test of .318, which would have put him in the highest sentencing category. One of his prior OWI convictions was successfully challenged, and the current offense was reduced to a first offense OWI. No jail and no one-year wait for an occupational license.

Client was charged with OWI-2d (after we successfully got him out a another OWI). The trooper stopped him for having a loud exhaust and a defective license plate lamp. A mechanic testified that he examined the vehicle on the morning after the arrest and found the exhaust and the light to be working fine, just like it was on the day of the court hearing. The judge agreed to go outside and inspect the car himself, finding that the exhaust sounded normal to him and the light was working. The judge ultimately ruled that the prosecutor did not meet its burden of proof and granted the Motion to Supress All Evidence. Case dismissed.

Client was charged with Possession of Marijuana which was found in the car she was operating. The defense at trial was that she merely borrowed a friend's car, and had no knowledge that there was any pot in the car. Client was found not guilty and the charge dismissed.

Client was arrested for OWI after a doctor called 911 from his cellphone and describing the client's poor driving on the highway. After stopping the driver, the officer spoke directly to the doctor to obtain more details. The arrest was challenged in court on the basis that the officer lacked a proper basis to stop the driver. The judge agreed and threw out all evidence.

Client was charged with OWI-Causing Injury in a tough county, facing significant jail and no occupational license. This would have cost him his job.The charge was ultimately amended to a simple OWI, with no jail and an immediate occupational license.

Client charged OWI-3rd Offense risked losing his job which requires him to travel throughout the state, due to the one-year waiting requirement for an occupational license. A last minute trial was avoided when the prosecutor and judge were persuaded to back-date the conviction, allowing the client an immediate occupational license.

Client was charged with OWI-3rd Offense and, living out in the country, had no means of getting to work if convicted, due to the one-year waiting requirement for an occupational license. The attorney successfully challenged one of client's prior OWI convictions due to client not validly waiving his right to an attorney in that old case. Since the remaining OWI conviction was more than 10 years older than the pending case, the 3rd Offense was reduced to a 1st Offense. Client avoided a significant jail sentence, his license revocation was reduced to eight months from 2-3 years, and he had no waiting period for an occupational license.

Illinois client was charged with Speeding 45 miles over the limit. Charge was reduced and nothing appeared on the Illinois driving record.

Client charged with OWI-Causing Injury. Case was ultimately amended to a simple OWI, with no jail, using a defense that the driver did not cause the injury to the passenger.

Client was charged with Passing In Unsafe Manner, unfortunately into the path of an oncoming squad car. Charge was ultimately amended to a non-reportable violation with no points.

Client was charged with OWI-2nd with a very high alcohol level. The prosecutor asked the judge to impose the sentence according to the guidelines: 40 days in jail. The client had performed a substantial amount of communtiy service before his final hearing, and the judge was persuaded to impose the minimum 5 days in jail.