Thomas G. WitkopLaw Offices

Law Offices

Avoiding a DWI Conviction through Proper Preparation

Recently I was retained to represent a young man charged with DWI. Everything about the case was fairly normal except for the breath test. The results were .25 g of alcohol per 210 L of breath. That's almost 4 times the legal limit in Maryland.

Of course my client is presumed innocent unless the prosecution can prove his guilt beyond a reasonable doubt. I look at a DWI case from two perspectives. The legal side, can the prosecution prove their case beyond a reasonable doubt? The human side, what can my client do to mitigate punishment and maybe address a problem if he has one.

From the legal side the paperwork seemed in order. The client was stopped for weaving among several lanes. When he was stopped he showed signs which would give an officer probable cause to arrest for drunk driving. There read him his advice of rights form in Spanish and he appeared to understand them and he took the test. On the trial date they had all the necessary officers present. They had the officer who made the stop, the officer who provided the translation service, they had the breath test technician. The technician had his necessary documents to establish that the breath test machine was functioning properly.

From the human standpoint, I had my client obtain an alcohol evaluation and also participate in Alcoholics Anonymous. Those small reasonable steps were important in obtaining a favorable outcome. It is important that your attorney know who the judges are. Based on that extremely high breath test, there are many judges who would enter a conviction and even quite a few judges who would impose incarceration. I have been around long enough to realize that the particular judge that we drew had a reputation for being more lenient. Based on my experience I concluded we should go forward with a guilty plea. The results were as anticipated, my client received the benefit of probation before judgment (not a conviction under state law), did not receive any points on his license and he did not receive any incarceration. He did receive substantial probation including total abstinence from drinking, some community service, fines and costs, and continued enrollment in his alcohol classes. Nonetheless, nested not have a motor vehicle administration effect on his license and did not jeopardize his liberty.

When selecting your attorney, experience is a factor you should consider.
Comments
See More Posts...