A close friend referred his nephew to me. The nephew is an executive and was pulled over for his 2nd DUI, the first more than 20 years ago. He was foolish and made a mistake that many of us have, he thought he could drive after drinking alcohol.
We did not have much to work with. The stop was for failure to display headlights at night – he was coming out of a well lit parking lot in his wife’s car. Once stopped, alcohol was obvious and he was arrested. The blood test came out over 0.150 BAC without real problems.
The DA said no DWAI (the lesser) because the BAC was too high. We wanted the DWAI to keep his license because we did not lose the DMV hearing – many expensive aspects to losing your license on a DUI over 0.150. All other sentencing would be the same. Despite completing Level 2 education, some therapy and a MADD class, no deal.
So, we set it for trial.
At the first trial setting, the DA filed to continue because the toxicologist was in training. There is a due diligence argument that can prevail in front of the right judge, but it was denied here. Essentially, the trial had been set for months, the witness issue was found out a week prior to trial, and likely, the training was not set until after the date we set trial. No deal.
Speedy trial keeps running.
At the 2nd trial setting, there are 7 trials scheduled to go. They cannot conduct 7 trials in one week. Some need to get pled out. Some will be continued, if there is time left on speedy. Some could be dismissed. Certain cases, due to subject matter, in custody status, or age, have priority over other cases.
A week prior to trial, we got the deal we needed.
Happy client, happy friend.
This is why we set for trial.