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Physical control reduced to Negligent Driving 1

Marge had a lot of factors working against her – including a breath test between nearly three times the legal limit and 3 prior DUI convictions. She was facing a minimum of 45 days of jail and 90 days house arrest. The prosecutor was hell bent to make sure that Marge served even more time, recommending she plea as charged and serve 90 days of jail along with the mandatory house arrest.

We presented a strong defense by way of investigation of the area in which law enforcement contacted her. After talking to neighbors, City Hall, and more, we learned that Marge’s vehicle was on private property. Not only that, but we found there was no one able to tie her to having any kind of actual control over the vehicle. Ultimately, after reviewing the defense’s presentation of evidence, the State agreed to reduce Marge’s DUI charge to Negligent Driving 1 with no jail time.