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Cases Category: Alcohol Crimes

State v. CR

Charge

OUI Refusal

Result

A late-night traffic stop led to OUI charges for our client, who was seen leaving a bar. Despite the court upholding the stop, we focused on the deputy’s actions during the BMV hearing. Under cross-examination, the deputy admitted the client performed well on field sobriety tests but cited HGN and other test clues for probable cause. The refusal claim was debunked, as the client had requested a blood test. The BMV granted dismissal, deeming it not a true refusal. At trial, we emphasized fairness and innocence, highlighting the client’s willingness for a blood test. The jury, deliberating briefly, returned a swift NOT GUILTY verdict.
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State v. JR

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OUI with Blood Test

Result

Our client faced OUI charges after being wrongly stopped for alleged high beam use. Despite a legitimate basis for the stop, we contested the case at every phase. In the BMV hearing, positive observations about sobriety and the officer’s admission of improperly administered HGN test led to rescinding the suspension. The DA refused negotiation, relying on a questionable .16% BAC result. During the trial, cross-examination revealed unreliable testing methods and errors in blood samples. The jury, swayed by lack of scientific rigor and officer’s observations of sobriety, returned a NOT GUILTY verdict, highlighting the case’s flawed evidence and methodology.
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State v. EG

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OUI Refusal

Result

Our out-of-state client faced OUI charges in Maine after a long workday with minimal sleep. He drank three beers, attributing any appearance of intoxication to exhaustion rather than alcohol. Case went to trial on the theory that what the officer observed and mistook for intoxication was actually exhaustion. The client’s credible testimony about his exhausting day resonated with the jury. The officer in this case was experienced but wilted under a lengthy cross-examination that focused on poorly administered and scored field sobriety tests as well as issues that he failed to notate in his report that pointed towards actual innocence and sobriety. The jury delivered a verdict of NOT GUILTY.
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State v. BA

Charge

OUI Refusal

Result

In this OUI case, our client faced both a BMV hearing and a trial. We challenged the arresting officer’s lack of knowledge regarding key facts of the case during the BMV hearing, resulting in the rescinding of a 275-day suspension. Building on this success, we took the same theory to trial, emphasizing the officer’s poor administration of field sobriety tests to the NHTSA standard. A key component for the not guilty verdict was the initial work and cross examination of the officer done at the previous BMV hearing. The jury delivered a NOT GUILTY verdict, highlighting the importance of employing thorough defense strategies at different stages of the legal process.
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State v. C.R.

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OUI Refusal

Result

Not Guilty at trial!
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State v. C.V.

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2nd Offense OUI (.14% BrAC)

Result

Deferred Disposition with a Driving to Endanger charge at the end.
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State v. A.G.

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OUI Refusal (Class D), Reckless Conduct with a Deadly Weapon (Class C felony)

Result

OUI Refusal and felony Reckless Conduct with a Deadly Weapon dismissed. Client pled guilty to Driving to Endanger for a fine of $575.00 and a 30 day suspension of the client’s license. No suspension through the BMV.
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STATE v. D.R.

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OUI (.16%)

Result

Prior to the dispositional conference we’d been asking for discovery that was missing from the file.  We never received the missing discovery, which included the 911 tapes.  I successfully leveraged that failure to provide us with discovery into a dismissal of the OUI charge and a plea of guilty to Driving to Endanger for a 30 day loss of license and $575.00 fine.  Pennsylvania doesn’t have a DTE statute so the client’s PA DL was never suspended.
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STATE v. C.C.

Charge

OUI

Result

Client was a member of the US armed forces.  A conviction would likely have cost the client his / her career as the client had nearly 18 years of meritorious service and was close to retirement.  My client was pushing me hard for a DTE but I wanted a full dismissal.  Ultimately, the DA relented and agreed to file the case for $300.00 and 6 months.  Assuming the client stayed out of trouble, the case would be dismissed after 6 months.  My client still maintained their innocence and never pled guilty, therefore, allowing him / her to maintain his / her dignity, keeping his / her service record and career intact.
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