How We Fought a Second OWI Offense and Won

Most people shudder at the thought of receiving a drunk driving conviction. People fear jail, fines, driving sanctions and the stigma associated with an Operating While Intoxicated (OWI). Most people receive their first OWI and never end up back in the court system. However, for those few unlucky individuals, multiple OWIs result in life-altering consequences.

Outside of the possibility of jail, most people can't fathom the idea of the revocation of their license for at least one year. This penalty often results in the loss of employment and presents a significant strain on the household. Recently, I represented a client looking at this exact scenario.

My client faced his second OWI in two years. However, this time he was accused of driving under the influence of marijuana. The prosecutor needed to prove that my client was actually impaired by marijuana since he possessed a valid medical marijuana card. (The presence of marijuana in his system is enough to convict without a card).

Invaluable Evidence to Refute Second OWI Offense

We immediately reviewed the police body cameras. Often, a police officer’s body camera tells a much different story than the official police report. In this case, the body camera provided invaluable evidence that my client was not impaired. While the police report stated my client failed the field sobriety tests, the officer was poorly trained in how to administer them according to the body camera. Therefore, any conclusions from his observations were useless.

Then, I immediately sat down with my client and reviewed the evidence with him. He agreed that we needed to fight.

I filed 2 motions to dismiss the next week. Our case was set for a hearing when the prosecutor called to discuss. Not only did they offer to drop the civil infraction tickets, but they agreed to dismiss all OWI charges. Instead, my client pled guilty to a simple motor vehicle code violation. This does not appear on his criminal or driving record. Therefore, my client gladly paid the $300 fine and walked out of the courthouse victorious.

Why the Prosecutor Dismissed the OWI Charges

We forced them to review their evidence and see the major holes in their case. Through our efforts of discrediting every alleged sign of impairment, the prosecutor saw they had an uphill battle ahead of them. Rather than risk going to trial, where a jury can be completely unpredictable, my client decided the $300 was worth the charges being dropped.

While I selfishly would have loved to go to trial and argue our case for a "not guilty" verdict, I respected my client’s wise decision to pay a fine and move on with his life. Today, he possesses a fully valid license with no sign of this offense on his record.

Hiring an OWI Attorney is Imperative

When faced with this dire situation, people often look for the assistance of an attorney. However, not all attorneys are equipped to handle the complexities of an impaired driving case. I have dedicated my time and efforts to become one of the best OWI lawyers in Michigan.

Our countless hours of training and studying this law area allows us to find the weak points in the prosecutor’s case. This leads to outstanding outcomes for our clients. While not every case will end with this result, you can be certain that we'll defend your case and achieve the best outcome possible.

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