Police claimed they were called to the scene by an anonymous tipster who claimed a man was driving under the influence. Defendant was found unconscious behind the wheel with the engine running in a parking lot. Police tried for several minutes to wake him. When the Defendant woke, he was ordered out of the vehicle. He was incoherent. The police claim they smelled alcohol on his breath. Because he could not properly complete the Field Sobriety Tests, Defendant was taken to the Police Station where he was ordered to take an Alcotest Breath test. When the Breath test showed no alcohol, the police called in a Drug Recognition Examiner who claimed that the defendant was under the influence of Drugs. Defendant was charged with his 4th DUI.
He hired Mark A. Schneider, Esq. We were able to get video tapes of the stop. It showed that the Defendant was asleep in the parking lot of his Doctor’s Office. Defendant had been in a severe automobile accident two years before this incident. He suffers from Traumatic Closed Head Brain Injury and had just visited with his doctor. One symptom of his brain injury is that he takes short naps instead of regular sleep. We hired Dr. Lance Gooberman, MD as our expert. Dr. Gooberman was able to prepare a report explaining all the defendant’s symptoms were related to his head injury and not drugs or alcohol. After almost one year, the State agreed to dismiss the DUI charge and the Defendant avoided six month in jail.
Defendant was charged with her second DUI, no insurance, and driving while suspended. Two days later, Defendant was charged with her third DUI and first Refusal, no insurance, driving while suspended and reckless driving. Over the next several months, Defendant was again charged with no insurance, driving on the revoked four more times. While we were representing this defendant on these charges, she was involved in a head on collision with a snow plow and again charged with her fourth DUI, no insurance, driving while suspended. When we were ready for trial, Defendant was facing 26 separate charges, 1 year in jail, 25 years loss of her license and thousands of dollars in fines. We were able to get hospital blood test records that showed the Defendant had no alcohol in her system for the second and forth DUI charges and they were dismissed. We were able to get the refusal charge dismissed. Defendant pleaded guilty to one DUI, one No Insurance and one Driving while suspended. All her suspensions ran concurrent so she lost her license for a two year period and did not go to jail.
Defendant was a commercial truck driver. He had one DUI conviction in 1997. If he was convicted for a second time, he would lose his CDL forever as well as his job. He hired me to save his CDL and his livelihood. His circumstances prevented us from hiring an Expert to help him. Over the course of 15 months, we worked very hard to narrow the amount of evidence the State could use against him. The Court granted what’s is called a Holup Order. It required the State to either put up its evidence or not be able to use it at trial. We appeared 9 times in Court ready to go. On several occasions, the State was unable to proceed and the case was marked preemptory. That means, the State would have to have a trial of the case or the Judge could dismiss the case. When the State was unable to produce its key witness for the trial, the case was dismissed.
Defendant was sitting in her car in front of her boyfriend’s house. Police officer claimed a neighbor called the police and said she was selling drugs from her car. The Officer pulled up, told her to get out of the car and immediately stuck his hand down the front of her pants. He found a small three inch pipe. He arrested her for the pipe and then searched the car and found 10 bags of heroin in a pocketbook on the back seat. Defendant was charged with possession of 10 bags of heroin, a third degree crime faced up to five years in jail. We challenged the search. The Officer said he searched her “for his safety” because he saw a bulge in her waistline and thought it was a weapon. We had the Defendant wear the same cloths to Court and showed the State how absurd the officer’s statements of a bulge or his fear truly was. The State changed its plea offer to a disorderly persons offense.
Defendant was charged with third degree possession of methadone. The State’s Plea Offer was one year in jail. We filed a Motion to Suppress the Evidence. Although the Suppression Motion was denied, the State realized it’s case was so week, it changed its plea offer to a disorderly persons offense with a $150.00 fine only.
Defendant was charged with possession of three pounds of marijuana. We applied the Defendant to the Pretrial Intervention Program. Defendant was rejected because the State claimed that he had been convicted of a Drug Offense in 1978. In fact his 1978 conviction was still on his Criminal Records Report. We were able to research his past and found an Opinion from the Appellate Division in 1979 which overturned his conviction. Defendant was then admitted into PTI.
*Prior results do not guarantee a similar outcome.