Misdemeanor DWI Plea, with no jail time and a low fine. The client refused the alcohol concentration test back at the station, making this first-time offense a gross misdemeanor. But, before then, she tested a very high level when given the PBT and, to make matters worse, her conduct was less than ideal - she resisted officers, engaged in verbal abuse, etc. As a result of this behavior, despite mandatory bail not being necessary, she was held for a couple days before getting this firm involved. Despite all of this, Mr. Adkins resolved this case with no jail time, the lowest possible fine by statute, and probation to the Court (saving the client several hundred in additional expenses). An early assessment, hustle by the client to get her license reinstated via the ignition interlock, and compelling use of the Bernard matter pending in the United States Supreme Court all combined for a remarkable outcome, for a remarkable young client.

Dismissed. This fantastic result was obtained due to the development of a personalized legal strategy that pushed the right legal defenses that were leveraged during negotiations with the prosecutor. The client's breath alcohol concentration came back at .056, yet the officer still demanded a blood test to determine the presence of a narcotic in his system. But, the client had a valid prescription for the narcotic, which was an affirmative defense raised via motion. The failure of the officer to do any further testing - such as a drug recognition evaluation - proved costly as the State was left with no evidence that the client was under the influence of the narcotic. This is a terrific result for a great client/veteran.

Washington County. Client was facing gross misdemeanor DWI charges for being under the influence of narcotics, along with a lengthy revocation of his driving privileges and forfeiture of his vehicle. Through his aggressive and effective advocacy, Mr. Adkins obtained a complete dismissal of the criminal charges, and successfully rescinded the license revocation and the return of the client's vehicle. Critical to the defense was the fact the officer did not complete a drug recognition evaluation and made a dubious statement while the stop was being recorded.

Washington County. Plea to a lesser included conviction with a sentence that did not include any jail time, house arrest, or sentence to service - a rare outcome for DWI offenders with priors and a refusal. This case points to the importance of being proactive. The client immediately obtained an alcohol-dependence assessment, readily accepted responsibility for his actions, and had an honest commitment to community-building conduct before the case is resolved. By dedicating a significant amount of time to community service in advance of any formal hearings, this client escaped nearly all of the pitfalls inherent to DUI prosecution. The benefit is limiting the criminal consequences, with less supervision and obligations while being supervised. A fantastic result for a truly exceptional client.

Dismissed. Mr. Gempeler pushed the case to a contested hearing, with a jury trial scheduled after it. Prepped to fight the unjustified stop, the charges were dismissed prior to the hearing.

Stay of Imposition to an amended count of careless driving and the DUI charges were dismissed. The blood test revealed an alcohol concentration level of 0.15. Despite the client being nearly twice the legal limit, Mr. Gempeler was undeterred in seeking and obtaining a Careless Driving – which is usually reserved for 0.10 or lower. Mr. Gempeler was skillful and diligent in negotiating with a talented prosecutor. The icing on the cake was that the client was not required to complete a significant amount of community service or jail time to earn this outcome. The negotiated sentence required no jail, no community service, a minimal fine, and probation to the court.

No additional jail service, minimal fine. In this matter, a high test and a recent prior conviction proved less relevant than Mr. Adkins’ negotiating prowess, and a thoughtful judge agreed that time already spent in custody was all that was necessary to prevent future misconduct. The client avoided a lengthy term of either jail or home monitoring, and can keep working without having a long interruption to complete either program.

Dismissed. Mr. Adkins obtained the dismissal after successfully raising the post-incident consumption defense. The client admitted to drinking prior to driving to a local restaurant, thereby giving the prosecution traction to pursue the DWI. Mr. Adkins’ thorough investigation into the night in question led to the discovery of multiple eyewitnesses that corroborated the client’s story that he consumed a number of drinks at the restaurant, which is what ultimately led to him being well-above the legal limit. An expert report concluding that the client could not have had an alcohol concentration higher than .06 at the time of driving was the final push the prosecutor needed in order to dismiss the case short of a contested hearing. Needless to say, the client is overjoyed with Mr. Adkins’ work.