4th of July DWI Reality

I seat this morning in Jim Thorpe, PA awaiting our whitewater rafting adventure and as in every Fourth celebrating my son Sam's Birthday. Yeah, we have a son named Sam, and he was born on the Fourth of July. No, we didn't name him after Uncle Sam. We named him Sam after my great grandfather. He was the first to come to Ellis Island in 1906, escaping religious persecution in Russia.

I got a call from a client the other day, he is still thinking that the crime of DWI is like a shoplifting charge, or a harassment charge, or a reckless endangerment charge (all misdemeanors). Yeah, if you stole from me in New York, or threatened my life, or threw a rock in my general direction, and it was a first time offense it is likely to be reduced to a non criminal disposition ( a non crime ), like a disorderly conduct violation ....

BUT BUT BUT you can be a great student, a super father, a marvelous husband, a responsible parent, an honest tax payor, a hard working employee, a law abiding citizen of the great USA, and still your first time DWI will NOT be reduced just because of all of the preceding.

Yes, it is true Virginia there is no free lunch, and no automatic DWI reductions at those higher blood alcohol levels (usually 0.12 or >). This is what truly bothers most first timer DWI offenders... No special treatment or consideration...even for wonderful people, the best amongst us.

In fact, the opposite trend is now true. The zealous government prosecutors have no qualms with prosecuting even lower BACs or even Refusal cases. Yes I'm talking about misdemeanor cases, and in this politically correct day and age, the crime of DWI is very high on the list of horrible offenses.

How do I know this? I'm in these Courts day after day, and listen to some Judges call the offense of DWI a crime of violence. Just last week, I asked for a fine reduction in a very small town, now mind you the State Surcharge for a DWI is $400, and the Town Justice fined my client more than what the District Attorney was requesting in their offer, and then launched into a speech about how terrible DWIs are, and how my client was going to pay big.

Who was this client? Someone who had been driving for 40 years with not even a traffic ticket, married for 35 years, in the same job for 25 years, and all of these additional fines added (by the Judge) because of one single isolated incident. Now the facts in this case were stacked heavily against us, and the charges numerous... so a reduction to a DWI was an incredible offer in this situation. (as a disclaimer, past results in any cases do not guarantee anything). Any criminal defense attorney that offers you guarantees of outcomes, run away!! I can only offer predictabilities (is that a word?).

So on this 4th of July, let Freedom ring, I am proud to be an American, I am proud and honored to defend DWIs, I will not be deterred, I will continue to fight the good fight, I will challenge at every opportunity and at every point of contention, and I will not let them win.