Recently, we achieved a huge win for a client charged with Driving While Intoxicated (DWI) in Suffolk County District Court — despite the odds, and without ever going to trial.
When our client came to us, the People were recommending six months of incarceration. That might seem like a harsh offer for a DWI, but this wasn’t her first time in the criminal justice system. She had a prior criminal history that included felony convictions — the kind of background that often leads prosecutors to assume a defendant is undeserving of leniency. That history put her in a difficult position from day one, and it’s what made the prosecution come out swinging with a jail recommendation.
On top of that, she had refused to submit to a chemical test, which is often viewed unfavorably by both prosecutors and judges. But after reviewing the discovery — including the body-worn camera footage — it became clear that the arresting officers had failed to properly administer the Standardized Field Sobriety Tests. Even more troubling, they moved to arrest her almost immediately, without gathering the kind of objective evidence required to support their case.
We made it clear from the start that we were not going to roll over. We were fully prepared to proceed with pre-trial suppression hearings and, if necessary, go to trial. That decision made all the difference.
On the morning of the suppression hearing, after interviewing the arresting officer and reviewing the bodycam footage again, the prosecutor saw what we had seen all along: this was a weak case. The field sobriety tests were not conducted in accordance with proper procedures, and there was little to no evidence to justify the arrest — let alone secure a conviction.
By standing firm and preparing to challenge every aspect of the case, we were able to leverage that weakness into a dramatically reduced offer. Instead of jail time, our client received three years of probation — a fair and just outcome, especially given what she was originally facing.
This case is a reminder of two important truths: first, that every defendant is entitled to a thorough defense — regardless of their past. And second, that prosecutors don’t always take a hard look at their own cases until they’re forced to. Sometimes, the willingness to fight is what turns the tide.