Operating While Intoxicated (OWI) Charges Dismissed
Another tremendous victory for the Defense Team with LEWIS & DICKSTEIN, P.L.L.C. Our team achieved a dismissal of an Operating While Intoxicated in Oakland County out of the 52-1 District Court.
Motion to Dismiss for Constitutional Violation – Granted!
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 advised him that a conviction was inevitable. A conviction would have ruined this client’s life because his employer would fire him if he got 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 because the client had not committed any traffic infraction and violated 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 case, the client drove through an intersection where the light turned yellow as the client moved 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.
The Defense Team with LEWIS & DICKSTEIN, P.L.L.C. filed a motion and brief to dismiss based on constitutional violations. We conducted a hearing 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? We fight to get OWI charges dismissed.
With LEWIS & DICKSTEIN, P.L.L.C., we will give your case individualized attention and do everything possible to get the best possible outcome. You will be treated with respect and dignity as we go to war with the prosecution to gain every possible advantage for you in the case. Getting your OWI or DUI 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. We will contact you promptly and find a way to help you.