OWI/PAC 1st- .14- Amended to Reckless Driving- Parked on Railroad Tracks
Our client awoke to realized he was parked on railroad tracks. He didn't know what happened, so he decided to call 911. Probably a bad idea.
When the police arrived, they begun to question the client regarding the odor of alcohol they could smell and were interested in how he got his vehicle on the railroad track. One thing lead to another and our client was ultimately arrested for OWI. Our client blew a .14 at the station. Our client originally tried to handle the case himself and was unable to get anywhere with the prosecutor. He then made the decision to hire Chirafisi & Verhoff to see if we could help him.
Yeah, we could. We reviewed the reports and not only was the client not driving on a roadway, but there was zero indication as to what time the vehicle went from the roadway onto the railroad track. Initially, the prosecutor was not moved by the argument. We then filed a motion to exclude the breath test, and she started to become moved. As the hearing approached, she came around.
An issue in the case was that our client drove the vehicle down the railroad tracks and simply parked it. That could be classified as impaired driving. So, at the end of the day, faced with our motions and arguments, the prosecutor offered Reckless Driving to our client. Our client happily accepted the offer, as his goal was to avoid an OWI conviction.