STATE v. KC

The Result

DUI with .150 breathalyzer reduced to Reckless Driving

Client was arrested and charged with DUI, client original retained other counsel who after reviewing discovery and talking to the State Attorney’s office informed client that she had to either enter a plea to DUI or take her chances at trial. Client decided to obtain a second opinion and contacted Attorney Jeff Rich. Attorney Rich had an initial meeting with client and reviewed the discovery. Attorney Rich was able to identify an issue that had not been previously raised. After discussing this option with the client and the potential of filing a motion to suppress, client decided to retain Attorney Jeff Rich. Attorney Rich filed a stipulation of substitution of counsel and became attorney or record. Jeff Rich then drafted and filed a motion to suppress based on Miranda warnings not being read to the defendant the night of the arrest. On the afternoon of the hearing Attorney Rich provided the State Attorney addition case law that supported the defense position. The Assistant State Attorney reviewed the case law and offered to reduce the charge to reckless driving if Attorney Rich did not go forward with the motion. After discussing this option with the client she agreed to accept the state offer of reckless driving with very minimal sanctions.