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State of Missouri v. Un-Named DWI Client

Felony DWI criminal and Breathalyzer Refusal civil cases. Client was arrested and charged as a Persistent DWI Offender, a class D Felony and faced up to 4 years in prison, and revocation of his driver's license. The State's only offered plea agreement was for my client to serve 3 years in prison with the opportunity to be released after serving 120 days so we set it for a Preliminary Hearing. In the Refusal case the DOR would not grant our client a Confession due to a previous refusal on his driving record so I set it for trial. Outcome: Won both cases. After showing the State it could not prove the prior DWI's, and with no evidence to prove probable cause, the criminal matter was dismissed at the Associate level. In the Refusal case, after a thorough direct examination of the arresting police officer the police report was thrown out for being unreliable and inconsistent and the Court ordered the reinstatement of my client's driving privileges.

Outcome: Won both Criminal & Civil cases