Wendy M. Schiller-Nichols

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Thursday, April 12, 2012

CLIENT, WHOSE JOB REQUIRED HIM TO TRAVEL IN AND OUT OF CANADA, WAS FACING A CONVICTION OF OPERATING WHILE INTOXICATED. WITH SUCH HIGH STAKES, WENDY SCHILLER-NICHOLS WAS ABLE TO OBTAIN A CARELESS DRIVING FOR HER CLIENT

By Michael Nichols
Categories: Wendy M. Schiller-Nichols

Wendy M. Schiller-Nichols obtained a Careless Driving for her client who was charged with Operating While Intoxicated.  The original offer from the County’s Prosecutor was Impaired Driving.  The Prosecutor tried to bolster the case by stating they would have an expert testify regarding retrograde extrapolation.  Ms. Schiller-Nichols advised her client not to accept the offer of Impaired Driving and to set the matter for jury trial.  The client agreed and further court proceedings were scheduled.  At a later court proceeding, the Prosecutor advised that she had a “new offer” of Reckless Driving (93 day misdemeanor, 6 points and 90 day suspended license, and $1,000.00 to Secretary of State).  Ms. Schiller-Nichols advised that her client worked for the railroad, needed to be allowed access to Canada, and could not lose his license for 90 days.  Ms. Schiller-Nichols advised that the only offense that her client could possibly plead to would be Careless Driving, which is a civil infraction with 3 points.  The Prosecutor then advised that she would offer Careless Driving AND Open Intox (misdemeanor).  Ms. Schiller-Nichols advised that her client could not plead to an alcohol related offense.  The Prosecutor finally agreed to Careless Driving.  Being persistent, knowing the law and knowing the facts of the case helped Ms. Schiller-Nichols secure this fabulous result for her client, which also prevented him from having an alcohol related conviction on his criminal record.