Traffic Crimes Case Results
STATE v. M.A.
Offense: Leaving the Scene of an Accident & Driving to Endanger
Maximum Sentence: 360 days jail, $2,000.00 fine
Mandatory Minimum Sentence: 30 day loss of license & a fine of $575.00 if convicted of the DTE
Synopsis: Client was driving his truck at a high rate of speed when he experienced a roll over and he was completely ejected from the truck. The truck was completely destroyed as it collided with a telephone pole. Client awoke some unknown time later with a concussion and had no idea where he was. Client could not locate his phone and wandered aimlessly until he found his way home. His wife drove him to the hospital and a call was placed to the local PD. The police suspected that the client was driving drunk but couldn't prove it so instead charged him with the aforementioned crimes.
Result: The Driving to Endanger charge was dismissed in return for a plea of guilty to the Leaving the Scene of an Accident charge and a fine of $1,000.00. The plea saved the client from having to serve the mandatory driving suspension of 30 days and he also avoided having a charge that would put him in danger of being classified as an Habitual Offender.
STATE v. P.S.
Offense: Operating with an Expired Registration > 150 days (Class "E" misdemeanor)
Maximum Sentence: 180 days jail, $1,000.00 fine
Mandatory Minimum Sentence: none
Synopsis: Client was a very busy father that had lost track of when his registration was due to expire. By the time he was confronted by local law enforcement, his vehicle registration had been expired for nearly 1 year. Immediately after receiving his court summons, the client went and registered his vehicle.
Result: After paying a $500.00 filing fee, the State dismissed the charge on the spot.
STATE v. J.R.
Offense: Reckless Conduct, Driving to Endanger and Criminal Threatening
Maximum Sentence: 2.5 years prison and a fine of $5,000.00.
Synopsis: Client allegedly tail gated a car occupied by two women and two infant children. During the time he allegedly tailgated the women, he followed throughout Portland while screaming obscenities at them. Victims allegedly "shook his tail". However, client allegedly located the victims and drove straight at them, smashing garbage cans on a sidewalk with his truck and swerving at the last minute to avoid crashing into them. Victims called 911 and reported the client's actions.
Result: Client was in the midst of obtaining an advanced professional degree and had sterling criminal and motor vehicle history. Client vehemently denied the conduct. Client was prepared for trial and we apprised the District Attorney of our willingness to try the case before a jury. Client was placed on deferred disposition for a period of one year following a judicial conference on the merits of the case. After the deferment period the case was dismissed.
State v. T.T.
Maximum Sentence: 45 years prison & $45,000.00 fine
Charges included Reckless Conduct with a Deadly Weapon (motor vehicle) and Aggravated Assault (4 counts). Client was accused of playing "chicken" with his car. As a result, 4 people were suffered serious, life threatening injuries. Client was facing up to 45 years in prison if convicted on all counts. The client was indicted four years after the alleged incident. Most of the witnesses and victims had memory problems and the most damaging evidence in the case consisted of a poorly drafted accident reconstruction report filed by Sheriff's Department. We filed a Motion in Limine and Motion for Discovery Sanctions to exclude the accident report filed in the case on the grounds that the underlying data for the report had been lost or destroyed and therefore, we couldn't determine if the conclusions made by the State's expert was based on erroneous information. Following a contentious hearing, the Court agreed and ruled that the accident report could not come into evidence for any purpose. Following the ruling, the DA offered a no-jail plea to a misdemeanor conviction for Driving to Endanger, which the client accepted.