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Troy MI License Restoration Blog

Wednesday, April 8, 2015

WORKING EVERY ANGLE TO GET DRUNK DRIVING CHARGES DISMISSED

Recently, a young lady retained me for representation regarding two charges; one for OWI (operating while intoxicated) and two for leaving the scene of a property damage accident.

During the initial interview with the client she informed me that while at home one night with her boyfriend, she was cleaning up the kitchen while he was working on some flooring in their foyer. She was in her pajamas. It was getting late (1:00am) and the boyfriend finished up and gave my client a kiss goodnight. He claimed she was stone cold sober.

The next thing she knew she was talking to the police at the scene of a property damage accident. Apparently, the client had consumed alcohol, gotten into her vehicle and drove off hitting a liquor store, of all places, and then her vehicle came to rest after bouncing off a telephone pole. She was in her pajamas and bare feet and had no awareness that she had been driving.

Upon further inquiry I discovered that my client had been brutally attacked with a hammer a number of years prior and that she was beginning to experience seizures as a result of the severe head trauma.

After sharing this information with the prosecutor I managed to get the case adjourned in order to compile documentation, get the necessary release of information authorizations signed by my client and delivered to the appropriate care providers. Thereafter, I put together a package outlining all of my clients injuries (none of which were her fault), her recent seizure history with all of the accompanying doctors’ appointments. (She had approximately eight seizures within a four month span and at least eleven doctor’s appointments trying to alleviate the problem.) Many medications were being tested to make the seizures subside with little success.

Regardless of the fact that her seizure problem had not been completely resolved by the time the case was back in front of the judge, the fact that my client was being very proactive in trying to rectify the problem helped, in my mind, with the disposition.

I was able to get a letter from her treating physician stating that one of the side effects of her seizure disorder was the type of blackout she encountered the night of the offense; the fact that she had another seizure while in her doctor’s office the very next day didn’t hurt our case either.

We were able to convince the prosecutor to dismiss the “leaving the scene of a property damage accident charge” (a separate misdemeanor) and amend the OWI (operating while intoxicated) to a non-drinking charge.

With the drinking/driving laws constantly being revised against the driver, it is necessary for the attorney to be creative and willing to go the extra mile to achieve favorable results for the client. There are very few guarantees in life and in the field of drunk driving law, if you don’t at least put forth an effort and provide a reason for an alternate disposition I can guarantee you will not get one.

If you have been charged with drunk driving call me to explore every possible avenue for favorable relief. The Law Offices of Martin Lievois can be reached in Troy at 248-419-1566 or in Flint at 810-250-4550.

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| Phone: 810-232-3223
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| Phone: 248-498-2525

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