Case Example: Client Details From DWI Arrest

The Importance of DWI Client Details

STL Cty DWI Logo_Web   In our cases, we go through great lengths to thoroughly investigate the facts of a DWI case.  Throughout the St. Louis area and all of Missouri, the facts in any individual DWI case vary greatly.  It is important for us to gain a thorough understanding of exactly what occurred.  Following our initial discussion, we ask our clients to provide us with a detailed written description of exactly what occurred, not just during the hours of the DWI arrest, but throughout the entire day.  No fact should be overlooked, because it is at times, that needle in the haystack that provides us with a critical piece of information to potentially have your case dismissed, or with a winning argument at trial.  No fact is too small to be potentially important.

Case Example:

Our client was charged with a DWI.  By all accounts, the case seemed airtight for the prosecution.  It appeared that the officer has legal authority to stop my client’s vehicle, he asked the proper questions, read the proper warnings, and the client had in fact, refused the breath test believing he had been treated unfairly.

As I spoke with the client, he attempted to tell me the details of what occurred.  He was terrified of the potential results, understanding how this matter would impact his life greatly.  Following out initial conversation, I asked the clients to detail what had occurred that day, before, during and after the stop.  He returned a few days later with an 8 page typed statement for our use.

Upon initial reading of the statement, nothing of critical importance seemed to jump out at me, that is until I read how he suffered from a certain medical condition that interfered with his balance, and eyesight, especially in the dark, or near flashing lights.

I discussed the facts of the case again with my client and learned even more about the interaction between the him and the officer.  I understood why he was upset with the officer, and though I wish he had just taken the test, understood why he didn’t at that time, and that place.  He was upset at what he perceived as being treated unfairly, and this explained why he did what he did, which was to refuse the test.  Note, in this situation, I would rarely if ever advise someone to refuse that test.

Trial ensued, and we were able to explain to a Jury his  understanding at the time.  We were also able to explain why he was unable to properly do many of the test.  We also pointed out that several of roadside sobriety test were conducted on a rainy hill, with his emergency lights flashing, a method which is clearly ill advised by the NTSA, the organization that sets the standards for training officers in the field sobriety test.

The Jury returned a Not Guilty verdict.  Primarily based on facts that my client had written out, but had not disclosed to me while we were speaking, believing that fact to be insignificant.  No fact is totally without significant, no two cases are alike, and you have to dig for this gems that make all the difference.

By Guss Markwell

 

Markwell Law, LLC
Floodman Law, LLC
d.b.a. St. Louis County DWI Lawyers
Bill Floodman and Guss Markwell
9979 WingHaven Blvd. Ste 210
O’Fallon, MO 63368
636-486-1093
636-265-0036
 
www.floodmanlawllc.com
www.stcharlesbankruptcylawyer.com