Operating While Intoxicated (OWI) Charges Dismissed
Another tremendous victory for the Defense Team with LEWIS & DICKSTEIN, P.L.L.C. that resulted in a dismissal of an Operating While Intoxicated in Oakland County out of the 52-1 District Court.
LEWIS & DICKSTEIN, P.L.L.C. were hired to defend a client who had consulted with several Lawyers who advised the client of all the penalties and consequences for an OWI conviction. The client was troubled because all the lawyers he talked with were advising him that a conviction was a certainty. A conviction would have ruined this client’s life because his employment would be terminated if he was convicted of an Operating While Intoxicated offense. The client was hoping to get his OWI charges dismissed.
This individual made the best decision when he hired LEWIS & DICKSTEIN, P.L.L.C. Our Defense Team quickly ordered the video of the stop and arrest so that it would not be destroyed or recycled, which is common in many jurisdictions.
Randy and Loren realized that the stop of the client’s vehicle by police was improper as the client had not committed any traffic infraction, and was hence a violation of the client’s 4th Amendment rights to be free from unlawful search and seizure. Although an automobile stop does not require probable cause, like a dwelling or house, it does require reasonable suspicion with specific and articulable facts.
The Prosecution Falsely Claimed the Stop was Justified
In this particular case, the client drove normally through an intersection in which the light turned yellow as the client the moving through the intersection. The video revealed this, and Randy took a position with the prosecutor that there was no traffic infraction. The prosecutor adamantly disagreed.
Randy and Loren filed a motion and brief to dismiss based on constitutional violations, and a hearing was conducted based on the stop of the accused client’s vehicle. The goal of the motion was to get the OWI charges dismissed. As you may imagine in Oakland County, the prosecution opposed the motion and did everything possible to get the judge to uphold the stop. An order dismissing all charges was issued and entered by the court. Our client told Mr. Lewis, a partner with LEWIS & DICKSTEIN, P.L.L.C., “you saved my life!”
Do you want the best possible representation by a criminal defense attorney?
With LEWIS & DICKSTEIN, P.L.L.C. your case will be given individualized attention, and we will do everything possible to get the best possible outcome. You will be treated with respect and dignity as we go to war for you with the prosecution to gain every possible advantage for you in the case. Getting your OWI charges dismissed will be our highest priority, if possible.
Call us today at (248) 263-6800 for a free consultation, or complete a Request for Assistance Form and we will contact you promptly.