On Day of Trial, OWI/PAC Amended to Reckless Driving
The Palmyra Police Department stopped our client for speeding. Upon contact, the officer observed the defendant to have blood-shot and glassy eyes. The officer also smelled the odor of intoxicants. The officer had the client perform field sobriety tests. At the conclusion, the officer arrested the client, who agreed to submit to a blood test. The test result revealed an alcohol concentration of 0.09.
Our office litigated the case for several months. Our attorneys believed our client had a good defense at trial, but the prosecution repeatedly had extended the same offer. The client could plead to the OWI for minimum penalties. Our attorneys informed the client that even if convicted at trial, he would not be in a significantly worse position than if he simply accepted the offer. On the morning of the trial, the prosecutor reached out to Attorney Verhoff, who told the prosecutor he was ready to go and would see him in court. At that time, the prosecutor stated, "No, that's not going to happen." Attorney Verhoff asked what the prosecutor meant, and the prosecutor indicated he would be willing to resolve the entire case short of a trial with an amendment to Reckless Driving and a dismissal of the speeding ticket. It goes without saying that our client was ecstatic with the outcome and happy that he heeded our advice not to settle for the original offer.