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RESULTS

Anelli Xavier DWI Case Results

Disclaimer: Although the results of actual cases are displayed, Anelli Xavier cannot represent such results to be indicative of those that may be obtained in any particular case.

Felony DWI Case Results

People v. S.I. Client was arrested after an off-duty police officer observed what he believed to be signs of intoxication. Our client had faced DWI charges before in his past, and the prosecution was unwilling to offer anything but 1-3 years in State Prison. Our attorneys reviewed the video tape showing the arrest and the evidence that supported that arrest. A number of weaknesses and inconsistencies were discovered, and our attorneys used these factors to convince the prosecution to offer a sentence of straight probation. Our client did not serve one day in jail and was able to continue his employment, although the first offer from the prosecution would have had him spending months, if not years, in state prison.

People v. R.B. Our client was changing a tire well off the roadside when approached by police. The police initiated a DWI investigation although our client was not alone and it was not clear who had been driving the vehicle. Our client failed the field sobriety tests and a breathalyzer revealed a BAC of .08. Our client was charged with 2 counts of felony DWI and other offenses as well. Our trial team took this case to trial and, after a 3 day jury trial, our client was found not guilty of all offenses. Our client was a decorated Veteran wounded in battle in Somalia, and after finding him not guilty, the jury came over and shook our client’s hand. Our client was spared an unwarranted felony conviction, his license was restored, and he avoided jail or prison, thanks to the hard work of the Anelli Xavier trial team.

People v. A.C. Our client charged with an E Felony DWI, speed and moving from lane unsafely at 2:11 a.m. Anelli Xavier took over this case after another attorney had it and was recommending that the client take a plea to the felony and spend 1 to 3 years in State Prison. Our client didn’t want to do any state time or plead to a felony because he works for his family business and it would have created a huge hardship for him to be away for any extended period of time. With the only option being to go to trial, our attorneys tried the case, and at the end of the trial, told the jury that there simply wasn’t proof beyond a reasonable doubt that our client was guilty. The jury agreed, and found our client guilty of the traffic offense of DWAI. This victory at trial means this Anelli Xavier client avoids state prison, a felony, Probation, and can keep working and supporting his family.

People v. C.D. Sometimes our reputation as trial attorneys is enough to achieve the desired result. In this case our client charged with a felony DWI and speeding. Our client was undergoing treatment for leukemia at the time. The original offer was a 5 days in jail and 5 years’ Probation. Our client had a limited criminal history and did not want a felony or Probation. We conducted Hearings and weakened the prosecution’s case. After the Hearing the offer was either the above offer or 60 days in jail with 3 year Probation on a misdemeanor. We rejected those offers and the trial was scheduled. When the trial was scheduled we were offered a misdemeanor 3 years’ Probation and no jail. We rejected that offer. We were then offered a misdemeanor with no jail or Probation and minimum fines. Our client accepted this offer, as that is what the client had hoped for all along.

People v. M.R. Our client is an Army Officer and a combat Veteran. He had a prior arrest in 2011. He was stopped when the police received a report of an erratic driver (the report had a license plate number). He was arrested for a number of offenses including felony DWI, felony Aggravated DWI, and felony Aggravated Unlicensed Operation. The Army was seeking to discharge him based on these charges. After extensive negotiation and presentation of equities, our client pled to a misdemeanor DWI with a fine and preserved his Army career.

People v. C.E. Our client was alleged to have crossed into the oncoming lane of traffic striking another vehicle and causing it to flip. The driver of the other vehicle was killed in the accident. A blood test shortly after the accident indicated our client had a 0.18 BAC and tested positive for both cocaine and marihuana. Among other offenses, she was charged with Manslaughter in the 2nd Degree and Criminally Negligent Homicide. The maximum period of incarceration for her original charges was 8 1/3 to 25 years in state prison.

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Aggravated DWI Case Results

People v. L.B. Our client was charged with Aggravated DWI for having an alleged 0.21 BAC. A non-criminal disposition was extremely important as the client was finishing her doctorate in physical therapy and a criminal conviction would likely have prevented her from becoming professionally licensed. After negotiations with prosecutors, including the bureau chief of the DWI unit, we were able to have the charge reduced to a non-criminal DWAI by discussing our client’s unique equities and problems with the People’s evidence.

People v. W. J. Police charged our client with an Aggravated DWI for having an alleged BAC of 0.18, Unlawful Possession of Marihuana, and Drinking Alcohol in a Motor Vehicle. Our client also had an extensive criminal history that included multiple felony convictions which including state prison. By exploring potential issues with the People’s case with the District Attorney, we were able to negotiate a reduction to DWAI, a traffic infraction, and Disorderly Conduct, a noncriminal offense. We also were able to convince the court to impose minimum fines for these offenses.

People v. K.S. Client was charged with Aggravated DWI for seating in a reclined driver seat with the engine running outside of the bar in which he was said to have been drinking. Despite an alleged BAC of 0.20, we were able to negotiate an Adjournment in Contemplation of Dismissal (meaning all charges would be dismissed 6 months afterwards should there be no new criminal charges) by convincing the prosecution that our client had no intention of driving as he had already ordered a taxi cab.

People vs. P.T. Client was involved in a minor accident where he became stuck in a ditch. When officers arrived they believed he was under the influence of alcohol. He was arrested and subsequently charged with DWI, DWI above .08 and Aggravated DWI above .18, all misdemeanors. Client blew a .18 at the police station which made him ineligible for a reduction to a DWAI according to the county policy. Upon viewing the evidence though, our attorneys noticed that a lot of the evidence was not consistent with someone that was accused of having a .18 BAC. Investigating further we realized our client was using chewing tobacco nearly until he blew into the breath test machine. We believe that when viewing this information in conjunction with the evidence from the scene our client may have been much lower than the .18 BAC alleged. We were able to discuss these factors with the ADA who listened and agreed that there were issues in the case. Our client was able to plead to one count of DWAI, as significant reduction from the Aggravated DWI he was originally charged with. This allowed him to avoid a criminal record and some of the more significant penalties that come along with a DWI.

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DWI Refusal Case Results

People v. K.R. Our client was driving home on snow-covered roads when she lost control of her vehicle and slid off the road, striking a snowbank. As a result of the accident she was knocked unconscious. Deputies arrived on the scene and awakened her so that they could conduct a DWI investigation. Despite having been in an accident our client was compelled to perform field sobriety tests and then refused the breathalyzer. She was charged with DWI, Refusal, and several other violations.

Our attorneys pointed out to the prosecution that our client should have been provided medical assistance and not forced to take part in a DWI arrest against herself. The prosecution reduced all charges to a single traffic infraction and our client paid a fine and surcharge. Due to the work of Anelli Xavier attorneys, the refusal our client was charged with was also dismissed, and the potential loss of her driver’s license for one year was averted.

People v. W.M. Our client was a Veteran of several combat deployments in Iraq and Afghanistan. While protecting our freedom, our client was wounded on the field of battle by an exploding IED. The explosion inflicted severe injuries on our client, including a TBI, PTSD, and injuries to his left leg that forced the amputation of that limb at the knee.

On the night of his arrest our client turned the wrong way down a one-way street in an area he was not familiar with. He was pulled over by police who initiated a DWI investigation. Despite the fact that our client had an artificial limb, he was put through filed sobriety tests like the “Walk and Turn” and “One Leg Stand.” He was arrested for DWI and several other violations. He refused to take any breath test, and was charged with a Refusal as well.

In this case our attorney team would not accept any initial offer and pushed the matter to trial. After the strengths of our client’s case were argued to the prosecution and to the Court, our client was able to resolve his case by pleading to one traffic ticket for driving the wrong way on a one-way street. Our attorneys also attended and won the Refusal Hearing. Our client’s license was protected, and he paid a small fine and surcharge.

People vs. A.B. In this case our client was charged with DWI and failing to yield to an emergency vehicle. The client refused to submit to a breath test which meant that it was outside of the county’s policy to offer any reduction on the case. However, we were able to show the ADA that there were issues with the case and that our client had no criminal history. We were able to show the ADA through an alcohol evaluation that the client did not constitute an ongoing threat to society. Therefore we made the argument that our client deserved a deviation from their policy. We were also able to keep the client’s license intact during the pendency of the case by conferring with the officers and getting them to agree to an adjournment of the refusal hearing. As such, we were able to keep our client’s ability to driver for work and other necessities throughout the entire process. This case demonstrates our ability to get an equitable result for our client even when it is outside of a particular county’s policy. The client was happy to accept some responsibility for her actions, without the devastating results that could have come from a simple plea to the charge.

People vs. R.P. Client charged with DWI-Refusal and had a prior. Charged in a county that does not reduce refusals OR with someone having a prior DWAI conviction. After going to hearings we were able to convince the ADA if this case was to go to trial they would not get a DWI conviction, they agreed and offered a non-criminal offense without having to go to trial.

People vs. K.M. Our client was charged with several offenses including DWI and Refusal. Because we were able to expose factual errors in the arresting officer’s testimony, the case was dismissed and our client’s commercial driver license was unaffected.

People vs. R.R. Our client was accused of being in a hit and run accident which he denied. The police ultimately ticketed him with leaving the scene of a property damage accident and a DWI. The police alleged that he fled and was ultimately apprehended at a local grocery story. The officers said that they smelled alcohol on our client and that he had impaired speech and motor coordination. During our work on the case we were able to establish issues with the allegation that our client even operated the vehicle. As such we were able to win the refusal hearing and build some testimony for our argument to the DA. We were unable to get an acceptable offer through negotiations therefore we pushed for the case to head to hearings. When we arrived at the probable cause hearing we were able to point out the issues with the case to the DA. Ultimately the DA agreed with our assessment and offered our client a nonmoving parking ticket which carried with it a minimum fines and no effect on our client’s driver’s license and all the criminal charges included the DWI were dismissed.

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Misdemeanor DWI Case Results

People v. D.S. Our client was stopped for speeding and was charged with numerous violations, the most serious of which were DWI and Driving with BAC Greater than .08. Among other factors the prosecution had in building their case was a breath test of .13 and our client’s failure on all standardized field sobriety tests. The case was made more complex as our client is a flight attendant, and even a reduced charge would have cost him his job of nearly 25 years. Our attorneys were able to argue this and other equities, and the prosecution agreed to dismiss the entire docket against our client, who now has no criminal record and who was able to maintain his employment.

People v. S.T. Our client, who just completed his Master’s Degree and hoped to be a teacher, was stopped for speeding nearly 30 miles per hour over the speed limit. The police discovered our client was driving on a suspended license for unpaid tickets in other courts. The client failed all field sobriety tests, and his .18 breath test resulted in his being charged with Aggravated DWI, three other misdemeanor offenses, and several traffic tickets. Our client feared he would never be able to teach, and that his one mistake would cancel years of higher education and hard work.

Anelli Xavier attorneys took the client’s case to pre-trial hearings, and after the weaknesses in the prosecution’s case were revealed at those hearings, our client was offered a non-criminal disposition that ensured our client would not have a criminal record and would be able to pursue his goal of teaching.

People v. B.F. Our client took a wrong turn and ended up driving the wiring was on a one-way street. Almost immediately our client was involved in a head-on collision. Fortunately no one was injured. Our client admitted to having 2 drinks, and this was verified by a .05 breath test. Despite this low test, our client was charged with 2 counts of misdemeanor DWI. Our attorneys attacked the legality of these charges and the facts that the police and prosecution relied upon in making these charges. Anelli Xavier attorneys also showed that all insurance had been paid. Facing a trial with our trial team, the prosecution offered a 3 point traffic ticket. Our client paid a fine and surcharge and did not lose his license for even a single day.

People v. M.L. Client was stopped for a supposed “inadequate headlight.” Client did well on field sobriety tests. A breathalyzer test showed a .07 BAC. Our trial team rejected the offer of DWAI and set the matter for trial. The officer did not show up for the trial and it was rescheduled over our objections. When the officer failed to show up the second time, our attorneys moved to have the case dismissed, and the judge agreed. All charges were dismissed and our client did not lose his license for even 1 day.

People v. J.W. Our client was pulled over and parked in a Thruway rest stop to send text messages when a Trooper knocked on his window and told him to exit the vehicle. Our client was told there had been a 911 call of “erratic driving” by a vehicle matching the description of the truck our client was driving. This report was made nearly 30 miles away from where our client was approached. Our client was compelled to take filed sobriety tests. He was told he failed these. He was also given a breathalyzer that yielded a .10 result. He was then arrested for DWI.

Anelli Xavier attorneys rejected the offer of DWAI, or Driving While Ability Impaired. Our trial team prepared and argued motions, maintaining that the “stop” of our client was not supported by sufficient evidence. The Judge agreed and the case against our client was dismissed in its entirety. Our client’s license was fully restored that same day.

People v. L.W. After a suppression hearing during which our experienced DWI attorney explored weaknesses in the District Attorney’s case, the prosecution offered to reduce our client’s charge of misdemeanor DWI to a simple non-alcohol traffic infraction. Our client had a prior DWI conviction and was alleged to have refused a chemical breath test after having been stopped a road block.

People vs. T.B. In this case we had the unique circumstance of having a client who was charged with two misdemeanor DWI’s, allegedly with a BAC .12, who was not guilty of any crime. Client had gone to a house party and intended to call a cab when he left. However his cell phone was dead when he got back to his car so he chose to simply sleep in his car until the morning. At that point he could walk home. While he was sleeping he turned on the engine of the car simply to stay warm. During that time though the cops approached the vehicle and charged him with DWI. The case was exceptionally important to our client because he has a CDL and drives for a living. We were able to get letters from witnesses as to what happened with the client and the fact that the car had never moved after the client left the house party. We were able to provide these to the prosecutor and secure an adjournment in contemplation of dismissal. As long as our client is not arrested in the next six months the charges against him will be dismissed in their entirety. In this case it was important for the client to have a team that worked hard to clear an innocent driver from potentially devastating results of his arrest.

People vs. J.G. In this case, our client was charged with three misdemeanor counts of driving while intoxicated – the 1192.3, 1192.2 and 1192.2(a), allegedly blowing a .19 on the breathalyzer and was also issued a three-point traffic offense. We were able to keep our client’s license through arraignment, this allowed her to avoid the mandatory suspension while the case was pending. Our client works as a supervisor at a facility for individuals with disabilities. Given her responsibilities as a supervisor, any criminal conviction would result in an immediate loss of her job. Additionally, a plea to a misdemeanor would mean that our client would have a criminal conviction for life. We approached the Assistant District Attorney with issues we believe existed in our client’s case and appeared for a probable cause hearing. At the hearing, the ADA offered an out of policy plea to a DWAI- a traffic infraction. Our client was able to plea to this charge and keep her job while also avoiding a criminal conviction. This deal took intense negotiations and a willingness to litigate the case, without either of these to things our client likely would have ended the case with a much different result.

People vs. D.M. In this case, our client was charged with DWI as a misdemeanor, refusal to take a preliminary breath test, and a traffic infraction. Our client was also alleged to have refused to take the breathalyzer. The case carried with it potential consequences that reached far beyond a misdemeanor conviction, given that our client was a licensed professional who needs to be in good standing to practices his given profession. As such, our client knew that he needed to fight the case all the way through trial if necessary. We were first able to win the refusal hearing and allow the client to keep his license while the case was pending. After that we proceeded towards trial because the only offer we were able to procure was an alcohol related offense. On the day of two members of our trial team, Kevin O’Brien and Michael Viscosi, were prepared and ready to litigate the case. Given the result and transcript from the refusal hearing, the ADA made a new offer immediately prior to the commencement of the trial. This new offer of a parking ticket and a 2 point violation of the vehicle and traffic law allowed our client to avoid any potential consequences to his professional license, to keep his New York State driving privileges, and avoid any alcohol related conviction.

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DWI CDL Case Results

People v. S.B. Our client, a commercial driver with a CDL license, was parked by the side of the road in his truck. He had a passenger that was also a commercial driver who was about to take over driving. Our client had a beer in his hand that he was drinking with his lunch. Despite this explanation, and the testimony of the other driver, officers who arrived on the scene ran our client through field sobriety tests and charged him with DWI in a Commercial Vehicle. This would have cost our client his employment, heavy fines and state surcharges, possible jail time, and would resulted in the loss of his CDL for at least one year.

Our attorneys prepared pre-trial hearings and held a conference with the judge and prosecutor. After Anelli Xavier attorneys described our client’s case and our potential arguments at trial, the prosecution resolved the case by offering our client a single count of “Parked on Pavement,” a no-point traffic ticket. Our client kept his job, his license, his CDL, and the money he would have had to pay in fines and surcharges.

People v. D.H. Our client holds a Commercial Driver’s License (“CDL”) and drives a truck for a shipping company. After drinking some beers he was involved in a property damage accident and blew a .15 after consenting to a Breathalyzer test. He was ticketed with 2 counts DWI, Speed Not Reasonable/Prudent, and Refusal to Take Breath Test. Any alcohol related conviction would result in a one year loss of his CDL and loss of his employment. After our attorneys submitted equities to the ADA handling the case, our client was allowed to enter a plea to one count of Reckless Driving, along with 90 days SCRAM, and a $2,000 dollar donation to the Wounded Warrior Project. Our client was thrilled he was able to keep his job. He called yesterday to thank us for allowing him to keep his career and provide for his family. He had no problem with the donation since his son is currently a United States Marine

People v. J.H. It was alleged our client had a BAC of 0.21 and was involved in a bad motor vehicle accident. He also had a CDL which he needed for his job. Any type of alcohol related conviction would have caused him to lose his CDL for at least 1 year and, as a consequence, his job. After a pre-trial hearing in which the weakness of the prosecution’s case was explored, the District Attorney offered a reduction to a non-alcohol charge of Reckless Driving that allowed our client to keep his CDL and his job.

People vs. C.S This client was charged with a DWI for the third time, having two prior alcohol convictions in the past. His case was particularly important because the client had a CDL and he would be subject to a mandatory revocation of his Commercial Driving privileges (no conditional privileges on commercial operation) with any alcohol conviction. We were able to negotiate a non alcohol related office. The client plead to one count of Reckless Driving. The client was able to keep his CDL and by doing so he was able to also keep his job.

People vs. C.S.Our client was charged with DWI. Because our client relied on his commercial driver license (CDL) every day for work, it was critical that we avoid revocation of his CDL. We worked with the assistant district attorney on the case to negotiate a plea to the reduced charge of reckless driving. This plea resulted in one year of probation and a small fine. However, our client maintained his CDL and his job.

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Additional DWI Case Results

People v. C.W. Our client was arrested for DWI, Leaving the Scene of a Personal Injury Accident, and Failed to Keep Right. It was unclear if our client or his friend was driving. Our client was very concerned as he is in the process of becoming a Corrections Officer and a DWI conviction would make that difficult, if not impossible. Our attorneys discovered our client was in possession of valuable information that could assist the DA’s Office in felony prosecutions. In exchange for our client’s cooperation with all testimony at Grand Jury the DA’s Office dismissed the case in the interests of justice. Our client was left with no criminal record and his career plan of becoming a Corrections Officer intact.

People v. A.R. Client was arrested for DWI after he swerved to avoid an animal in the road and his car went into a ditch. Police arrived and put him through FSTs and gave him a breathalyzer. After blowing a .00, he consented to a blood draw. Client had a prescription he was taking as prescribed. However, client had an extensive criminal history and the arresting officer told our client that even prescription drugs were covered by DWI. Our attorneys pointed out the legal problems with eth police work and conclusions. Although our client was on Parole for other charges, the DA agreed with our attorneys allowed our client to plead guilty to one Moved from Lane Unsafely traffic ticket in full satisfaction.

People v. J.T. Our client is an air traffic controller for the Army and holds a security clearance. He was snowmobiling the night of his arrest and was stopped on his way home for operating a snowmobile after midnight. He was arrested and taken to the station where he blew a .23. Our attorneys explained that our client would lose his job/career with a misdemeanor conviction. By presenting legal proof regarding the BAC and equities tied to his career, we were able to obtain an SWAI (no criminal) result, protect our client’s job, and have the record of his conviction sealed.

People v. G.H. Our client is a combat veteran currently serving in the Army who has been diagnosed with severe PTSD. Our client was approached by Troopers after he pulled over to rest. He submitted to a breath sample and blew a .15. He was ticketed with two counts of DWI, No Stopping/Standing on Pavement, and Improper use of 4 Way/Hazard lights. Our attorneys met with the ADA before the client’s arraignment and explained that he wanted to be a firefighter, was leaving the Army soon on a medical discharge. Through extensive negotiation and presentation of equities our client was offered a plea to one count DWAI, with the minimum fine. This allowed our client to pursue his chosen post-military career as a firefighter.

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