RECENT SUCCESS STORIES OF CUTLER LAW OFFICE, P.A.
(PLEASE NOTE THE FOLLOWING DISCLAIMER)
AT THE CUTLER LAW OFFICE, P.A. WE WORK HARD TO REVIEW ALL THE EVIDENCE THOROUGHLY TO FIND THOSE FACTS THAT WILL HELP YOU PREVAIL IN YOUR CASE.
WHILE WE OFTEN OBTAINED GREAT RESULTS FOR OUR CLIENTS, IT IS IMPORTANT TO REALIZE THAT EVERY CASE IS DRIVEN BY THEIR OWN FACTS AND WE CANNOT GUARANTEE THAT YOUR CASE WILL BE DISMISSED OR REDUCED. BUT, WE CAN GUARANTEE THAT WE WILL WORK HARD TO FIND THE FACTS AND EVIDENCE THAT WILL HELP, AND IF YOUR CASE IS NOT ONE THAT IS REDUCED OR DISMISSED, WE WILL USE THESE SAME EFFORTS IN NEGOTIATING WITH THE PROSECUTOR AND TO PRESENT THE MITIGATING FACTORS TO THE JUDGE AT SENTENCING TO HELP MINIMIZE YOUR SENTENCE.
BONNEVILLE COUNTY
1) .20.20 Breath Test Results - DUI - Reduced to an Inattentive Driving charge when after a thorough review of the evidence we found that the officer did not follow proper procedure in administering the breath test.
Administrative License Suspension (ALS) was vacated.
2) .18.18 Breath Test Results - DUI - Reduced to an Inattentive Driving when a thorough review of the evidence showed that the officer did not follow proper procedure in administering the breath test.
Administrative License Suspension (ALS) was vacated.
3) .15.15 Breath Test Results - DUI - Reduced to a Failure to Display Front License Plate - an Infraction.
After a thorough review of all the evidence, we were able to discover that the Defendant's tongue ring was removed from the mouth, just prior to the breath test being administered, in violation of the proper procedures and having the ability to affect the breath test results negatively. After supplying the Prosecutor with this information the matter was reduced to the above agreement.
Client retained us after the deadline to request a hearing on the Administrative License Suspension (ALS). DON'T DELAY CALL US NOW.
4) .16.15 Breath Test Results - DUI - Reduced to Inattentive Driving
After a thorough review, we found errors in the breath testing procedure and after a Motion to Suppress was filed and a hearing held, the breath test results were suppressed and the Prosecutor agreed to the above reduction in the charge.
5) .11.10 - Breath Test Results - DUI - Reduced to Inattentive Driving.
After a thorough review of the facts and procedures used by the officer, we were able to find that the officer did not administer the Standardized Field Sobriety Test correctly and there were some errors in the breath test administration. After negotiations with the Prosecutor, he agreed to reduce the charge.
Administrative License Suspension (ALS) was vacated.
6) .16.15 Breath Test Results - DUI - Reduced to Inattentive Driving.
After thorough review of the evidence, we were able to find that the officer had not complied with proper procedure in administering the breath test. After filing a Motion to Suppress the breath test and having a contested hearing, the Court suppressed the breath test results and the Prosecutor entered into the above Plea Agreement.
Administrative License Suspension (ALS) was vacated.
7) .00.00 Breath Test Results - Positive U/A for Marijuana - DUI. DUI and Possession of Marijuana was dismissed, client plead to Possession of Paraphernalia.
After a thorough review of the evidence it was apparent that the Prosecutor did not have the evidence needed to show that the Defendant was under the influence of Marijuana as the officer did do the extra sobriety tests needed to show impairment. After filing a request for Jury Trial, the Prosecutor agreed to the above Plea Agreement.
Administrative License Suspension (ALS) was vacated.
BINGHAM COUNTY
1) .15.14 Breath Test Results - DUI - Reduced to Inattentive Driving.
The Open Container charge was dismissed when we found errors in the officer’s procedure in the administration of the breath test. After a contested hearing to suppress the breath test, the Prosecutor stipulated that the breath test results would be suppressed and subsequently agreed to the above Plea Agreement.
CARIBOU COUNTY
1) Caribou County charges Brother #1 with DUI, Leaving the Scene of an Accident and Resisting and Obstructing an Officer and Refusal to take the Breath Test. Brother #1 plead to Resisting and Obstructing - DUI, Refusal Penalty and Leaving the Scene of an Accident were all dismissed
After a review of the facts of the case, we were able to show the Prosecutor that they could not prove which of the two brothers was driving (or as the brother's said, the blonde that was with them was driving, but she left before the police arrived). However, client did resist.
Brother # 2 - was also charged with Leaving the Scene and Resisting and Obstructing an officer. Leaving the Scene was dismissed and client plead to Resisting and Obstructing, because he did.
Oddly, a request for an Administrative License Suspension was sent the Department of Transportation on Brother #2 because his breath results were above a .08. We were able to get this suspension request vacated.
BANNOCK COUNTY
1) .15.15 Breath Test Results - DUI - Reduced to an Inattentive Driving charge.
After thorough review of the evidence, it was determined that the officer did not follow the proper procedure for administering the breath test and the Standardized Field Sobriety Tests. A Motion to Suppress the evidence was filed and after a contested hearing, the Judge ordered that the breath test results should be suppressed. Following this decision, the Prosecutor offered the above Plea Agreement.
2) Refused to take the Breath Test - DUI - Amended to Inattentive Driving and the refusal to take the breath test penalty was dismissed.
After a thorough review of the evidence, we were able to find that the officer did not administer the Standardized Field Sobriety Tests properly and the facts did not establish the client was impaired. Also, we were able to find errors in the advisory given to the Defendant and therefore, the refusal to take the breath test penalty was dismissed.
JEFFERSON COUNTY
1) Refused to take the Breath Test - DUI - DUI and Drug Paraphernalia both dismissed. The penalty for refusing to take the breath test was dismissed.
After thorough review of the evidence, it was clear that the officer did not perform the Standardized Field Sobriety Test properly and the officer did not have the evidence needed to prove a DUI. Further, the stop of the Defendant and the search of the Defendant's vehicle were not constitutionally based. Lastly, a thorough review of the evidence showed the Defendant was not properly advised, prior to taking the breath test. As a result of our work the Prosecutor dismissed all charges and dismissed the refusal penalty.
FREMONT COUNTY
1) .17 BAC - DUI - Reduced upon the prosecutor's recognition of errors in the Breath Test calibration. Reduced to inattentive driving
2) .20.19 Breath Test Results - Excessive DUI - amended to Reckless Driving
After thorough review of the evidence, we were able to find errors in the breath testing procedure, and filed a Motion to Suppress Evidence. Just prior to the hearing set on the Motions, the Prosecutor offered the above deal.
OTHER CRIMINAL CASES
1) Possession of Marijuana and Paraphernalia and Open Container - All Dismissed.
After a thorough review of the evidence, we discovered that the officer had unlawfully detained the Defendant in violation of his Constitutional Rights. A Motion to Suppress all the evidence was filed and after a contested hearing on said Motion, the Court suppressed all the evidence. The Prosecutor then dismissed all charges.
2) Possession of Marijuana - Dismissed
After review of the video tape of the arrest it was determined that the police officer had violated the Defendant's Constitutional rights in searching the car. Prosecutor dismissed
SAMPLE OF TRIALS
1) Lewd and Lascivious Conduct - Felony - found Not Guilty of all charges, after the Jury Trial.
2) Possession of Meth Amphetamine - Felony - found Not Guilty of all charges, after Jury Trial.
3) Fish and Game violations - Misdemeanors - found Not Guilty of all charges, after Jury Trial
4) DUI .18 BAC - Well maybe not a trial, but was headed for trial and fully prepared for trial, when 4 days before trial was to begin, the prosecutor offered an inattentive driving charge. We were fully prepared to show the officer's mistakes and show that the breath test results were not adequate, before the offer was made.