Attorney William McNeil, Of Counsel for The Law Offices of Raymond Purdy, was retained by a student with a real problem. She had been placed on probation for a first offense MIP and 17 days later…she was arrested again for an MIP at a party.
We attacked this case head on and filed motions in the new case to gain leverage on the prosecutor. We also immediately contacted the probation officer of her current case and made her aware of our attack.
This tactic held off the probation violation as they would have the same problems in their case as we saw in the new case. The officer showed up at the hearing and was now going to testify that all the kids consented to the PBT even though no word of that in the police report and the audio in the case was conspicuously turned off!
Adapt and overcome. Attorney McNeil switched gears and negotiated a plea under HYTA which allowed the new case to be off her record after another term of probation.
Back to the underlying MIP…the client had paid all her fines and had completed all her community service early. We were able to argue to the probation officer and judge that she was 17 and did not take the process seriously until now.
The judge allowed her to stay on his diversion as well! This was a huge victory and the client has an opportunity for a clean record.
I have also been successful in getting second MIP cases treated under HYTA with some strict complaints with my requirements (daily PBT testing and alcohol assessment) and the right court and judge.
Don’t give up on these cases! Fight until you cannot fight any more. Your future career is worth that much