Albert was a patent / trademark / intellectual property rights attorney who got his first taste of criminal law when arrested for DWI after an accident with an open container. The man he hit observed Albert pouring out the contents of his open container on the ground while waiting for police to arrive. The three Complainants in the car Albert had hit then related to police his several indicia of intoxication: strong odor of alcohol, weaving gait, slurred speech, that he tried to flee the scene and that he confusedly offered his AAA card as his insurance. Police verified this in the O.R. and further added that he was “staggering at the scene” and that Albert claimed his odor came from having his alcoholic beverage poured on him by the Complainant. Red eyes, face and nose are sometimes caused by alcohol but Allbert has the medically verified condition of rosacea which also causes redness to the nose, face and eyes. A story change by a defendant is never good so Albert didn’t help his case when he changed his story to police at the scene as to how the accident happened. Police took crime scene photos of the accident which were submitted as evidence. Albert requested the Breath Test three times at the scene but was denied the right to give a sample. We also exploited several problems with the Sobriety Test including the offier’s improper administration of the HGN (eye movement) test which included several defects, among which was the failure to advise our client to remove his glasses. Albert needed surgery which required us to file a Motion for Continuance to reset our Jury Trial date but we used this additional time to further prepare. Compelling Pre-Trial Motions were filed and one of our team of experts was lined up to testify on the problems with the officer’s administration of the Field Sobriety Test. This was not an easy victory for us but we were able to win our Dismissal on the eve of Trial.
FINE ONLY – NO JAIL TIME
Our client was a professional consulting engineer with such prestigious contracts as the U.S. Treasury on his resume. Yet he became quite intoxicated at a nightclub and caused a serious accident just blocks from it after driving away. Although jail time is customary with DWI 2nd cases, and even more so when the defendant causes a serious accident as a result of his intoxication, Mr. Haggard handled his case in such a way as to keep him entirely out of jail, for which our client, a family man, was very grateful.