With a Little Help From Christmas Magic

January 8, 2021 | Case Results

Case results depend on a variety of factors unique to each case. Results seen here do not guarantee or predict a similar result in future cases.

I have not done a great job of keeping you guys posted on case results – partly because I don’t like bragging about my case results. When I get a great result for a client, I typically see it as 1) a team effort and 2) that I’m just doing my job.

However, I know folks like to see case results on a lawyer’s website – so I’ll try to keep them coming with more regularity.

I was super busy leading up to the holidays, but I have two favorite case stories from December that I’d like to share. One was a DUI and the other was a 113 mph Reckless Driving case. Both are unusual case results and could not have been possible without the help of a little Christmas Magic.

DUI Reduced – Sussex County, Virginia

So my first little Christmas miracle – a nice lady from DC is pulled over in Sussex County, Virginia for speeding and is ultimately charged with a DUI. She admits to drinking, blows in the PBT, fails field sobriety tests, and blows a .11 on the breathalyzer at the jail. She only had a couple of beers and had no idea her BAC could go up that quickly.

We got lucky in a few ways, but we also had to play those lucky cards right. Long story, short – the prosecutor’s office made a mistake concerning the breath test (that he could’ve fixed) and there was a minor legal issue related to the PBT. In conversations with the prosecutor, I was able to negotiate an agreement for this to be reduced to a Reckless Driving charge with only a fine and a driving class. No DUI conviction, no license suspension, no ignition interlock, no ASAP classes, no SR-22 insurance, and no jail.

High Speed Reckless Driving – To Be Dismissed

My second Christmas miracle was a doozy. I don’t know a Judge in any of the jurisdictions where I practice who wouldn’t be considering a nice stay in jail for someone charged with driving 113 miles per hour. These cases are tough, guys. Most of my clients charged with high-speed Reckless Driving are people who would never in a million years expect to see the inside of a jail cell. However, most Judges start giving jail sentences at either 90 mph or 100 mph, depending on the Court. Even if the mistake only lasts for a second, it can land you in jail. The Judges don’t see it as “no harm, no foul”. They see all of the ways driving that fast can go terribly wrong and send a clear message that it won’t be tolerated.

This guy was driving his muscle car up the interstate in the middle of the night – empty road – when another car started egging him on. The officer witnessed them take turns driving really fast and then slowing back down. They weren’t racing, but they were definitely goofing off. The craziest part is my client had a pristine driving record. Absolutely no tickets and now he was looking at weeks in jail on his first. He was also in the Army, with multiple deployments under his belt and another coming up.

I explained what he was looking at and we prepared the best we could with mitigation – my client did everything I asked of him. When we got to Court, we were just hoping to keep his jail sentence to a minimum, but by the time it was all said and done – the Judge agreed to dismiss his case. 113/65 Reckless Driving – to be Dismissed in April.

Author: Samantha Upton

Samantha is a person first, but “lawyer” is her chosen profession. She loves getting to know each client’s unique story and problems. She takes pride in being the person who stands up for them. “I like being there for people and helping them navigate difficult situations,” she says. “At the very least, I can provide some answers and guide them through the process. At best, I can solve their problem.”