PROBLEM: Client was charged with an OWI 5th (a felony), facing the following minimum and maximum penalties:
Fine (with Costs) $1168.00 $8900.00
Revocation 24 months 36 months
Jail 6 months (jail) 6 years (prison)
A Felony conviction also would result in the loss of our client’s right to vote, right to possess firearms and having to be classified as a felon for the rest of his life! Needless to say, Brabazon Law Office takes felony cases extremely serious.
RESULT: Upon review of our client’s traffic history, we were able to determine that one of his prior OWI convictions was constitutionally invalid. As a result, we were able to void one of his prior OWI convictions. Client was convicted of his 4th OWI (a misdemeanor). We were also able to use our client’s medical records to convince the judge (the harshest judge in the county no less) to sentence our client to just 60 days in jail, the absolute minimum. The judge also authorized that the jail could allow the client to serve the jail sentence at home on the electronic monitor.
I cannot explain in words the absolute elation this client experienced when at the start of the case he thought that he would spend two to three years in prison, when he ultimately spent 45 days (counting good time) in the county jail with work release privileges.