Diligent preparation and a courageous client led to a favorable resolution last week.  At 5:30 PM, the night before trial, the prosecution called to try to negotiate a plea and avoid trial.  Our client had already declined a "wet-reckless" plea.  A "dry" reckless was offered and communicated to Client, who stood by our systematic preparation for trial and the evidence we had to work with.  I communicated the rejection of the offer and said we would see them in the morning to begin motions and jury selection.  The prosecutor noted that we had made an offer a couple months into the case to plead guilty to speeding (this was the reason the officer first stopped Client).  The prosecutor asked if that offer was still available... 

Facts:  Client was traveling approximately 75 mph in a 65 mph area of the freeway at about 2:00 am.  Client was stopped and admitted to drinking earlier in the evening.  Officer requested Client perform field sobriety tests.  Only one of the tests was recognized by the National Highway Traffic & Safety Administration, (and it appeared the officer did not properly understand the test and likely administered it improperly).  The officer noted "objective" symptoms of intoxication including bloodshot watery eyes, slurred speech, unsteady gait, etc.  The officer then administered a Preliminary Alcohol Screening test which showed .08 BAC.  Client was arrested.  A blood test was taken, which later came back .05.

Witnesses described Client as "very responsible" and having stopped drinking alcohol at approximately midnight "because she knew she was driving," then nursing water for two hours before driving.  They also noted that she did not exhibit any of the "objective" symptoms the officer attributed to Client in his report when Client left the club.  Client acknowledged consuming alcohol and speeding (like everybody else) but adamantly denied being impaired for purposes of driving.  An excellent example of attorney/client teamwork!