Albany, NY (PRWEB) November 30, 2012
New York Law Firm Anelli Xavier, announces recent favorable outcomes for Albany clients charged with Driving While Intoxicated (DWI).
In one recent case, People vs. J.B. (Town of Halfmoon Court, Case #11-0328), the client was charged with three felony counts of DWI, including one count of Aggravated Driving While Intoxicated. Client was alleged to have a BAC of a .19, more than twice the legal limit. Moreover, this client had been convicted of a DWI within the previous 10 years, increasing the current charge to a felony, which is punishable up to four years in state prison. After extensive negotiations with the DA's office and pretrial hearings, the firm was unable to come up with a resolution that was acceptable to the client. Since the client was an Army veteran who served in Iraq, he could not plead to a felony and continue on the career path that he had chosen. Following negotiations, the trial team successfully argued that the client was not in fact driving at the time that the prosecution alleged. After a four-day trial, the jury found the client not guilty of all charges. This result allowed him to avoid any criminal conviction, incarceration, or probation.
In another case, People vs. D.B. (Town of Rotterdam Court, Case #12-0404), the client was charged with one count of misdemeanor DWI, having refused to supply a breath sample when arrested. He was alleged to have hit a telephone pole and then driven away with damage to the front of his truck. The offer extended by the DA’s office was to plead guilty to the crime as charged. The prosecutor stated that the client did not deserve a reduction as he had previously been convicted of two drinking and driving offenses and then during this incident was involved in an accident and refused taking a breathalyzer. The firm suggested that the client undergo treatment, given his obvious issues with alcohol and driving, and that if he was able to successfully participate in real treatment, that he be offered a reduction to a DWAI. The prosecutor appreciated the fact that we were taking the issue seriously and seeking ways to correct the behavior and gave the firm the offer of a DWAI based on participation in sanctioned treatment.
In a third case, People vs. M.D. (Albany City Court, Case #12-0054), the client was charged with a DWI and failure to stop at a stop sign. The prosecutor could not offer a reduction to our client based on the county policy of not reducing charges of anyone alleged to have refused the breath test. However, the client was adamant that he was not guilty of DWI and insisted that he would not plead guilty to anything other than Driving while Ability Impaired (DWAI), a traffic infraction. A member of the trial team handled a probable cause hearing, where the team was able to elicit valuable testimony that was favorable to our client. The attorney was then able to use this testimony at the subsequent trial of our client. At the trial, the client was found not guilty of DWI, a misdemeanor. He was convicted of DWAI and failing to stop at a stop sign, both traffic infractions. This allowed the client to maintain a clean criminal history and avoid having to install an Ignition Interlock Device on any vehicle that he owned or operated.
“I am encouraged by the level lawyering being done firm wide and particularly by the Albany team. These results, as well as the others obtained by our firm, show that our ongoing commitment to be New York’s State’s best DWI firm is coming to fruition.” – states Tom Anelli, Founder/Senior Partner, Anelli Xavier.
If you are charged with a DWI in New York State, Anelli Xavier provides free DWI case evaluations. Please check out our recent Anelli Xavier reviews. "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."
About Anelli Xavier
Anelli Xavier is New York’s DWI focused law firm, made up of a team of lawyers with backgrounds in criminal litigation whose sole focus is DWI defense. The firm’s goal is to be the most powerful team of DWI defense lawyers in New York State. Learn more today by visiting the DWI attorney Albany website.