Operating While Intoxicated Second Offense & Operating While License Suspended Second Offense.
Defendant initially pulled over for allegedly having defective equipment, an exhaust that the officer felt was “too loud.” The officer ordered the Defendant from the vehicle and conducted the following field sobriety tests: Horizontal Gaze Nystagmus (HGN), One Leg Stand, and Walk and Turn. Defendant refused the preliminary breath test and was subsequently arrested. At the jail, Defendant submitted to an Evidential Breath (Datamaster) test. One test registered .09 and the other registered as a “refusal.” Reason unknown. Defendant entered a plea of guilty to OWI First Offense and Driving While License Suspended First Offense.
Thereafter, unhappy with his representation and plea, Defendant retains the Abood Law Firm to withdraw his plea. Abood Law Firm obtains the Police Report, Datamaster Logs, Preliminary Breath Test Logs, and Police Video Recording of the stop and Datamaster room, information, not all of which Defendant’s previous attorney even sought to obtain, and determined that Defendant had viable defenses that he was not informed of prior to entering his plea.
Abood Law Firm filed a Motion to Withdraw Plea, and the District Court, after a three day evidentiary hearing wherein Abood Law Firm raised errors in the original plea proceedings, zealously cross-examined the arresting officer and his improper administration of field sobriety tests and raised viable defenses with regard to the Datamaster machine, denied the Motion.
Abood Law Firm appealed said denial to the Circuit Court, which reviewed the transcript from the extensive three day hearing on Defendant’s Motion to Withdraw Plea. The Circuit Court reversed the District Court’s denial of Defendant’s Motion to Withdraw Plea. The Court ultimately held that the interest of justice required the Defendant be permitted to withdraw his plea and that the Abood Law Firm had raised meritorious defenses, including credibility issues as to the field sobriety tests and the Datamaster results. Client thrilled to be permitted to withdraw his plea and have his day in court.
Defendant initially pulled over for allegedly having defective equipment, an exhaust that the officer felt was “too loud.” The officer ordered the Defendant from the vehicle and conducted the following field sobriety tests: Horizontal Gaze Nystagmus (HGN), One Leg Stand, and Walk and Turn. Defendant refused the preliminary breath test and was subsequently arrested. At the jail, Defendant submitted to an Evidential Breath (Datamaster) test. One test registered .09 and the other registered as a “refusal.” Reason unknown. Defendant entered a plea of guilty to OWI First Offense and Driving While License Suspended First Offense.
Thereafter, unhappy with his representation and plea, Defendant retains the Abood Law Firm to withdraw his plea. Abood Law Firm obtains the Police Report, Datamaster Logs, Preliminary Breath Test Logs, and Police Video Recording of the stop and Datamaster room, information, not all of which Defendant’s previous attorney even sought to obtain, and determined that Defendant had viable defenses that he was not informed of prior to entering his plea.
Abood Law Firm filed a Motion to Withdraw Plea, and the District Court, after a three day evidentiary hearing wherein Abood Law Firm raised errors in the original plea proceedings, zealously cross-examined the arresting officer and his improper administration of field sobriety tests and raised viable defenses with regard to the Datamaster machine, denied the Motion.
Abood Law Firm appealed said denial to the Circuit Court, which reviewed the transcript from the extensive three day hearing on Defendant’s Motion to Withdraw Plea. The Circuit Court reversed the District Court’s denial of Defendant’s Motion to Withdraw Plea. The Court ultimately held that the interest of justice required the Defendant be permitted to withdraw his plea and that the Abood Law Firm had raised meritorious defenses, including credibility issues as to the field sobriety tests and the Datamaster results. Client thrilled to be permitted to withdraw his plea and have his day in court.
Labels: criminal
