Monday, March 10, 2014

Multiple drunk driving client has charges dropped

I represented a gentleman with two prior convictions for drunk driving. In 2013 he was charged with his third drunk driving as well as driving while revoked, driving while suspended, fraudulent tags, no insurance, failure to produce registration among other traffic charges. Total points would be 12 points and he had exposure, in theory, to several years in jail.

After speaking with my client I reviewed the police alcohol incident report. He was apparently stopped because the police scanner showed that his license plate was suspended. Further investigation after the stop was that the license plate did not go to his vehicle. Further investigation revealed that his license was not only revoked because of points for alcohol convictions but also suspended for failure to pay child support. The officer had my client perform field sobriety test which were not done to his satisfaction. My client took the breath test.

It was important to my client to remain out of jail and win as much as he could. He was the foreman on a work crew and people were relying on him. If he was in jail not only would he likely lose his job but his crew would have problems. He was also a father with four children.

On the trial date I was able to successfully negotiate a guilty plea to one count of driving while suspended for failure to pay a ticket which is a three point offense with a maximum jail sentence of 60 days. My negotiation tactic was to give more jail time to get rid of more charges. This jail time was actually pretty easy jail time. Montgomery County has a weekend work-release program. In that program you show up Saturday morning and work all day and go home. You show up on Sunday morning and work all day and go home. You actually never see the inside of a jail. Each weekend counts for two days. Negotiation was for five weekends.

Based on the successful negotiation my client keeps his job, he only has an additional three points on his driver's license and he does not go to jail.

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