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D U I :  Client Win


November 2007


This was a tragic case.  Our client had two prior DUI’s that we did not handle.  She came to us with a DUI, 3 counts of Hit and Run and a felony Attempt to Elude a Pursuing Police Vehicle.  This client was a wonderful woman with a terrible drinking problem.  She came to us early on but did not think she could afford us so she elected to go with a Public Defender.

 
 
  Months later she returned to our office telling us that the Public Defender had been ineffective and wanted her to plead guilty to the felony.  She hired us.  We aggressively pursued negotiations but the prosecutor was unmoving.  Our client was in the financial industry and the felony (attempt to elude) would eliminate her ability to return to the industry and cripple her ability to rebuild her life.  The other charges were misdemeanors and she stood ready to plead guilty to these.  The felony was the problem.  Not only would it be devastating but she was adamant that she never saw the police and never attempted to elude them.

At trial we showed the jury that the “chase” was very very short, that both her side mirrors were broken, that her rear window was fogged and that she stopped on her own.  We took a gamble that the jury would understand that our client’s ability to perceive the presence of the police was eliminated by her intoxication and the lack of mirrors or clear windows that allowed her to see behind her.

The prosecutor laughed at our strategy and told us she had defeated this tactic before.  The jury deliberated for an entire day but emerged with a Not Guilty verdict on the felony.  They returned Guilty on the other charges but we had conceded these as a sort of “sacrifice fly” to the felony.

The client is out of jail and looking for a job in the banking industry.
 
         
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