Additional Recent Results
Although the results of actual cases are displayed, Anelli Xavier cannot represent such results to be indicative of those that may be obtained in any particular case.
People vs. N.H. In this case our client was charged with the misdemeanor charge of DWAI Drugs. She was alleged to have driven down a one way street the wrong way. Her BAC was relatively low and Hydrocodone was found in her system. We were able to show the ADA that she did not have a history of drug abuse nor was she a continuous offender. Our client had significant medical issues which made it necessary to take narcotics for pain. Even though her prescription itself was not a legal defense to the charge, it did sway the prosecutor to offer her a plea outside of the alcohol and drug category. She plead guilty to disorderly conduct and a parking ticket. This plea allowed her to avoid any criminal record and any charge associated with drugs or alcohol.
People vs. L.C. Our client was charged with two misdemeanor counts of DWI. She was traveling with some friends to an event and was pulled over by the New York State police. There were significant facts alleged that our client and her passengers disputed. While she was arrested and her breath test was above the legal limit, we were able to show the assistant district attorney that there were significant legal issues with the stop and subsequent arrest of our client. As a result of our relationship with the DA’s office and persistent negotiation on our client’s behalf we were able to secure a plea bargain that was not a crime or associated with the consumption of alcohol. Our client plead guilty to the non criminal offense of disorderly conduct in satisfaction of all the charges pending against her.
People vs. J.B. Client was charged with three felony counts of DWI, including one count of Aggravated Driving while intoxicated. Client was alleged to have driven and provided a breath sample that registered as a .19, more than twice the legal limit. Our client had been convicted of a DWI within the previous 10 years which elevated the current charges to felonies punishable but up to four years in state prison. After extensive negotiations with the DA’s office and pretrial hearings we were unable to come up with a resolution that was acceptable to our client. Our client, an Army veteran who served in Iraq, could not plead to a felony and continue on the career path that he had chosen. Our trial team prepared and went to trial with the case arguing that our client was not in fact driving at the time that the government alleged. After a four day trial, our client was found not guilty of all charges by the jury. This result allows our client to avoid any criminal conviction and means that he does not need to serve any term of incarceration or probation.
People vs. T.S. Client was arrested and charged with two misdemeanor counts of DWI. He was in an substantial accident and ended up blowing a .16 on the breath machine. Given the bad accident and the relatively high blood alcohol content the DA’s office was originally unable to offer our client a plea that would not result in a criminal conviction. After looking further at the case and breaking down the police paperwork we were able to determine that there were some legal issues in the case. We made our pitch to the ADA and were able to get our client a plea deal, the deal included one count of DWAI. This allowed out client to avoid the interlock device, potential probation and a criminal conviction.
People vs. C.S This client was charged with a DWI for the third time, having two prior alcohol convictions in the past. His case was particularly important because the client had a CDL and he would be subject to a mandatory revocation of his Commercial Driving privileges (no conditional privileges on commercial operation) with any alcohol conviction. We were able to negotiate a non alcohol related office. The client plead to one count of Reckless Driving. The client was able to keep his CDL and by doing so he was able to also keep his job.
People vs. M.M We were retained by a client who had blown into the interlock device on his vehicle and registered a .10. The DA’s office wanted the client violated on his previous conviction which included a conditional discharge. We argued to the judge and the ADA that the client actually was not in violation of any condition of his previous plea. The condition was that he have the interlock installed, which he did. There was no condition that he not drink or that he pass each time he blew into the interlock device. The judge agreed with our argument and kept our client on the original conditions. This allowed our client to avoid probation or jail, which could have resulted from a violation of the conditional discharge. By knowing the law and being able to apply it to this specific case our client received no new consequences due to his error in judgment.
People vs. R.P. Client charged with DWI-Refusal and had a prior. Charged in a county that does not reduce refusals OR with someone having a prior DWAI conviction. After going to hearings we were able to convince the ADA if this case was to go to trial they would not get a DWI conviction, they agreed and offered a non-criminal offense without having to go to trial.
People vs. J.H. Client charged twice in 4 months, in both situations we were able to please client out to non-alcohol/non-criminal offenses. In the 2nd charge we took the case to trial, just before the trial we tried one last push based on the facts and circumstances of the case to get a non-alcohol/non-criminal offenses. The ADA went to speak with the officer after this conference and at this point the ADA agreed to drop the case and have the client plead guilty to “following to closely”.
People vs. S.T. Our client was charged with two counts of misdemeanor DWI. The client had a very bad history with DWI arrest, having been previously convicted on at least 5 alcohol related arrests for Driving while intoxicated. He had previously been convicted of at least one felony DWI. Due to the fact that there were issues with the stop of our clients vehicle and that we had pushed for hearings, the ADA ultimately offered our client a plea to the DWAI. This non criminal offense saved our client on the amount of fines he had to pay, did not require him to install the Ignition interlock device, and saved him from a further criminal record.
People vs. C.S. Client was indicted on two counts of Felony Aggravated DWI, child in vehicle; one misdemeanor count of endangering the welfare of a child, and a speeding violation. Punishments for the two felonies carried a maximum penalty of 1 and 1/3 – 4 years in State prison. Due to a no plea deal policy of the DA’s office, our team of attorneys were forced to prepare for and go to trial on this case. Through thorough evaluation of the case and preparation by our trial team, we were able to expose weaknesses in the case. This resulted in our client being found not guilty of the two felony charges and the one misdemeanor charge. The client was convicted of a DWAI and a speed violation. He was sentenced to fines and a one year conditional discharge after trial.
People vs. D.W. In this case, the above client was charged in Onondaga County with DWI and Aggravated Unlicensed Operation in the 3rd degree, both misdemeanors. Through our review of the case documents and conversations with our client Derek Wild was able to negotiate a disposition that will result in no record, fines or license suspension. The client’s case was adjourned in contemplation of dismissal. This means that if she does not get in any further criminal trouble for a period of time, the entire case against her will be dismissed.
People vs. M.Y. Client was charged with Aggravated DWI, DWI common law, DWI per se, Improper or Unsafe Turn without Signal, Failure to Keep Right. Even though it was alleged that our client was above a .20 BAC and nearly ran another car off the road we were still able to negotiate a favorable disposition. The client was a medical student in a highly competitive program. By being creative and using our client’s positive attributes we were able to get the charge reduced to a DWAI and Failure to Keep Right in full satisfaction. This allowed him to continue to move forward with his career dreams and avoid a criminal conviction.
People vs. S.W. This client was charged with two counts of misdemeanor DWI as well as driving across the hazard markings. After evaluating the case, we were able to use an expert to persuade the DA’s office to offer and adjournment in contemplation of dismissal on the DWI charges. The expert was able to show that it was likely that our client was below the legal limit when she was operating her vehicle. By employing this tactic the client avoided any alcohol conviction and as a result did not have her license suspended due to a conviction.
People vs. J.B. In this case the client was charged with DWI and Aggravated DWI, both misdemeanors, as well as two traffic infractions. The client’s BAC was alleged to be a .21. The initial offer was for our client to plead to a misdemeanor DWI with maximum fines and the ignition interlock device. We continued negotiating on our client’s behalf. We were finally able to secure a plea deal that allowed our client to plea to the non criminal offense of DWAI in full satisfaction of all the charges. This plea deal did not mandate the ignition interlock and allowed our client to avoid a criminal conviction.
People vs. A.W. This client is employed as a teacher. He was charged with two counts of misdemeanor DWI after being stopped at a roadblock. Due to the fact that he had previously been convicted of DWAI within the previous five years, the initial offer from the DA’s office was a plea to one count of misdemeanor DWI. A misdemeanor could have had a devastating impact on our client’s ability to teach. As such we were able to attack the constitutionality of the road block and secure a plea arrangement that allowed him to plea to another DWAI, which is a non criminal offense. This result will have much less of an impact on our client’s ability to continue on his current career path.
People vs. B.K.Our client was charged with DWI and Reckless Driving, both misdemeanors. He was also charged with failure to keep right, speed not reasonable and prudent, unlicensed operation, no seat belt and refusal to take a breath test. The client possesses a CDL and thus would be unable to work if he were to lose his license due to an alcohol related conviction. Through negotiations and legal arguments, we were able to convince the DA’s office to offer a non alcohol related plea deal. Our client was able to plead to Reckless driving and a parking ticket. This result allowed our client to keep his license and his job.
People vs. E.B.Our client was involved in a head-on collision and charged with DWI. In light of her prior DWAI conviction, she faced possible jail time and revocation of her driver license. Our efforts on her behalf yielded a result that pleased the client and her husband. She pleaded guilty to the reduced count of DWAI and a traffic violation, and she avoided the more serious penalties allowed by law.
People vs. J.H. Our client was charged with DWAI while a prior DWAI charge was still pending. However, we were still able to leverage doubts regarding the proofs of intoxication used against our client, and he pleaded to a lesser non-alcohol related charge. Our client did not serve any jail time and retained his license.
People vs. R.K. Our client was charged with several offenses including DWI and Refusal. She also happened to live in an area of New York with very strict policies on the application of penalties. Nevertheless, we negotiated a plea to a single lesser charge of DWAI. Our client did not serve any jail time and retained her license.
People vs. D.K. Our client was charged with several offenses including DWI and Refusal. We were able to cast doubt on the field sobriety tests used against her, and she was acquitted.
People vs. K.D. Our client was charged with DWI and Refusal after being involved in a single car accident. We were able to expose weaknesses in the arresting officer’s testimony, and the case was dismissed.
People vs. J.J. Our client was charged with his fourth DWI in ten years and felony aggravated unlicensed operation of a motor vehicle. These charges could have resulted in significant jail time, making it impossible for this Gulf War veteran to continue working at his job or continue to enjoy his weekend visitation with his two children. However, we worked with our client’s probation officer to reduce his jail time to 10 days and to fulfill the balance of his sentence by wearing a SCRAM bracelet.
People vs. C.S.Our client was charged with DWI. Because our client relied on his commercial driver license (CDL) every day for work, it was critical that we avoid revocation of his CDL. We worked with the assistant district attorney on the case to negotiate a plea to the reduced charge of reckless driving. This plea resulted in one year of probation and a small fine. However, our client maintained his CDL and his job.
People vs. W.L. Our client was charged with DWI. Despite a recent DWAI conviction, we were able to negotiate a plea to a reduced DWAI charge. Our client was not required to serve any jail time.