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Cases Category: Traffic Charges



BMV Suspension for Negligent Motor Vehicle Death


We got The Crash Lab involved to review the state’s expert crash report and to conduct our own reconstruction.  We learned that the state’s expert inputted critical data incorrectly, which accounted for a much higher braking efficiency (and thus, a higher speed prior to braking).  The expert’s opinion formed the basis for the suspension.  My expert also learned that the braking efficiency of the dump truck was reduced by 60% due to mechanical failures that the driver could not have reasonably been aware of.  As a result of our expert’s report and testimony before the hearing’s officer at the BMV, the suspension of my client’s license was lifted and he was immediately reinstated without further sanction.  Client was relieved to be able to go back to work as he’d been out of work for approximately 5 months prior to conducting the hearing.
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OUI Refusal, Aggravated OUI (Class “C” felony), Reckless Conduct with a Deadly Weapon (Class “C” felony), Aggravated Assault (Class “B” felony)


Local law enforcement did a shoddy investigation and failed to do a proper accident reconstruction in this case.  In addition, we had video evidence that supported our assertion that my client wasn’t impaired by alcohol and instead, was suffering from injuries sustained in the accident.  We also successfully argued that my client never refused to take a blood test and that the entire case was botched by the investigating officer.  As a result of our efforts, we secured dismissals of ALL four original charges.  As part of a plea agreement, my client pled guilty to a single count of Reckless Conduct (non-driving misdemeanor offense) and was placed on probation for a period of one (1) year.  Client was required to attend the 7 day alternative sentencing program.  Client, who’d never even had a speeding ticket, was able to avoid convictions on the felonies as well as the OUI Refusal, resulting in a clean criminal driver history.
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Leaving the Scene of an Accident (personal injury) and OUI (.28% BrAC)


The client initially retained another attorney to represent him.  The client’s first attorney told him that there wasn’t much he could do to help and that the DA was seeking (and likely to get) 30 days jail for the hit-and-run and OUI charges. The client was terrified of the prospect of jail and ended up retaining my services.  We did an extensive interview with the client and reviewed his medical records, where it was determined that not only had my client been diagnosed with hyperglycemia 6 days prior to the OUI, based on his glucose levels, he was diabetic.  We suggested a meeting with an endocrinologist for the purpose of evaluating the client and diagnosing him with diabetes.  We then got a forensic chemist involved who reviewed my client’s medical records and agreed with our defense that the client was likely in a state of hyperglycemia at the time of the accident and not actually intoxicated by the alcohol consumed.  The elevated breath test was due to the ketones on his breath, combined with the minimal amount of alcohol consumed earlier in the day.  Ultimately, we were able to negotiate a no-jail OUI plea for my client and the Leaving the Scene of an Accident with Personal Injury was dismissed.  My client was thrilled that the specter of jail was now just a bad memory.
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Operating with a Suspended Registration


Filed for a period of 1 year and a filing fee of $300.00.  Case to be dismissed after one year.
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STATE v. J.Nvt.


OUI (.17% BrAC); Leaving the Scene of an Accident; Disorderly Conduct


to the client’s excellent service history and the well known effects of PTSD on veterans, the DA agreed to dismiss all the charges as part of a deferred disposition agreement with the end result being a conviction on a Driving to Endanger charge with a $1,000.00 fine.  This allowed the client to remain in the military and finish out his service through retirement.
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