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Client was pulled over by the police and was in the passenger seat. Apparently,
the person driving her car did not have a driver's license and Client
was given a citation for allowing an unauthorized person to drive. Later,
it was shown that Client did not have the requisite knowledge that the
driver did not have a valid driver's license and the case was dismissed.
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Reduced to reckless driving
DUI
Our client was operating his motorcycle in a congested area and attempted
to change lanes and hit a large orange traffic cone and hit two more cones
on the left shoulder of the road and then hit a three foot plastic barrier.
Also, our client almost struck the deputy he performed poorly on the field
sobriety exercises. Thereafter, client was asked to submit to a breath
test and he blew a .190/.202 and was arrested for Driving Under the Influence.
After further investigation, there appeared to be problems with the arresting
officer’s certifications and the case was eventually reduced to
a Reckless Driving charge which is a lesser included offense.
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Reduced to reckless driving
DUI
Client was a patron in a store and the clerk noticed that he might be impaired
by alcohol so the clerk approached the police who were already at the
store for a separate unrelated matter. The police officer advised Client
not to drive after the officer’s initial encounter with Client revealed
that Client smelled strongly of alcohol, eyes were bloodshot and glassy,
speech was mumbled and Client advised that he had consumed six beers.
Client did not heed such warning. The Client then drove away and the police
officer followed Client and did not witness any improper and followed
him into another jurisdiction. Client failed his field sobriety exercises
and he refused to submit to a breath test. After discussing the present
issues (no improper driving witnessed, lack of jurisdiction) with the
state attorney, the case was reduced to a Reckless Driving.
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Reduced to reckless driving
DUI
Client was witnessed to have hit a parked car and then parked in a space
nearby. Police were called to the scene and they observed Client in the
driver’s seat and approached Client and they observed that she smelled
of alcohol and had red, bloodshot eyes. A bottle of whiskey was found
in the car as well. Client performed poorly on field sobriety exercises
and she refused to provide the police a breath sample. Mr. Hager contacted
the prosecutor and convinced him to reduce the charge to reckless driving
due to police officer not witnessing any improper driving and not having
reasonable suspicion to conduct a DUI investigation based on the limited
observations made by the officer.
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Reduced to reckless driving
DUI
Client was involved in a traffic crash after attempting to make a turn
at the bend in the road at 80-90 miles per hour. Client had a friend in
the car who gave a sworn statement to the police that Client was the driver
of the vehicle and he was speeding and they had just left a party where
alcohol was present. Client had a strong odor of alcohol emanating from
his facial area and was asked to perform field sobriety exercises and
he performed poorly on them. Client then provided a breath sample of .104
and .107 and was arrested. Mr. Hager contacted the Assistant State Attorney
and advised that a Motion to Suppress Statements of the driver and passenger
was going to be filed due to Accident Report Privilege, which allows for
statements to be made truthfully during an accident and those statement
would not be used against the individuals. The prosecutor subsequently
decided to reduce this case to a Reckless Driving.
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Case dismissed
Criminal Defense
Client was alleged to have stolen her aunt's credit card and charge
over $1000. Based on the times that the credit card transactions occurred
and the location of Client at the time based on the GPS on her telephone
and the cell phone towers, Mr. Hager proved that there was no way that
Client could have made the unauthorized charges. Further, surveillance
evidence obtained at the stores where the credit card was used was obtained
and provided to the Office of the State Attorney and the case was dismissed.
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Client was driving a motorcycle and failed to have proper licensing for
the motorcycle and eventually sold the motorcycle. Mr. Hager convinced
the prosecutor to dismiss the charge since the motorcycle was no longer
owned by the client.
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