OUR DISMISSALS

STATE V. Y.B. (DUI & 2 SEPARATE SUSPENDED LICENSE CHARGES)

The client was a single mother and owned her own small business.  She had a suspended license charge previously and was arrested for this case for DUI and a new suspended license charge.  This meant that she would face a 5 year habitual suspension if she took a plea to both charges.

To make matters worse, she picked up a new suspended license charge while her cases were pending!

Mr. O’Toole had no other option than to have all the cases dismissed in order to save this single mother’s driver’s license.  So, he went to work…

The DUI case involved an accident and a .25 blood alcohol level.  So, there was no chance at winning the case in front of the jury.  So, Mr. O’Toole filed several motions to exclude the blood alcohol result and the arrest for DUI itself.  After careful questioning of the officers involved during the motion to suppress the blood results, the judge ruled in favor of Mr. O’Toole and told the prosecutor that she would probably rule in our favor for the other motions.  Still, the prosecutor did nothing.  Instead, the prosecutor said they can still win.

Mr. O’Toole pushed on and the case ended up at trial.  However, just before trial, the prosecutor offered to dismiss the DUI charge only.  However, this would have left 2 suspended license cases pending which would have led to a 5 year habitual suspension.  Mr. O’Toole declined the prosecutor’s offer and told them he would take nothing less than a dismissal of all charges.  Otherwise, he would embarrass the officers in front of a jury.  Truth be told, there was no defense to the suspended license charges!  This was an example of excellent negotiating by Mr. O’Toole.

The suspended license charges were reduced to lesser and the client was able to keep her license!