{"id":51,"date":"2018-11-15T07:08:40","date_gmt":"2018-11-15T07:08:40","guid":{"rendered":"http:\/\/www.mytsys.in\/personalinjury\/?p=51"},"modified":"2018-11-15T07:08:40","modified_gmt":"2018-11-15T07:08:40","slug":"state-v-y-b-dui-2-separate-suspended-license-charges","status":"publish","type":"post","link":"https:\/\/spanishinjury.aolegal.com\/?p=51","title":{"rendered":"STATE V. Y.B. (DUI & 2 SEPARATE SUSPENDED LICENSE CHARGES)"},"content":{"rendered":"

The client was a single mother and owned her own small business.\u00a0 She had a suspended license charge previously and was arrested for this case for DUI and a new suspended license charge.\u00a0 This meant that she would face a 5 year habitual suspension if she took a plea to both charges.<\/p>\n

To make matters worse, she picked up a new suspended license charge while her cases were pending!<\/p>\n

Mr. O\u2019Toole had no other option than to have all the cases dismissed in order to save this single mother\u2019s driver\u2019s license.\u00a0 So, he went to work\u2026<\/p>\n

The DUI case involved an accident and a .25 blood alcohol level.\u00a0 So, there was no chance at winning the case in front of the jury.\u00a0 So, Mr. O\u2019Toole filed several motions to exclude the blood alcohol result and the arrest for DUI itself.\u00a0 After careful questioning of the officers involved during the motion to suppress the blood results, the judge ruled in favor of Mr. O\u2019Toole and told the prosecutor that she would probably rule in our favor for the other motions.\u00a0 Still, the prosecutor did nothing.\u00a0 Instead, the prosecutor said they can still win.<\/p>\n

Mr. O\u2019Toole pushed on and the case ended up at trial.\u00a0 However, just before trial, the prosecutor offered to dismiss the DUI charge only.\u00a0 However, this would have left 2 suspended license cases pending which would have led to a 5 year habitual suspension.\u00a0 Mr. O\u2019Toole declined the prosecutor\u2019s offer and told them he would take nothing less than a dismissal of all charges.\u00a0 Otherwise, he would embarrass the officers in front of a jury.\u00a0 Truth be told, there was no defense to the suspended license charges!\u00a0 This was an example of excellent negotiating by Mr. O\u2019Toole.<\/p>\n

The suspended license charges were reduced to lesser and the client was able to keep her license!<\/p>\n<\/div>

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