Keeping New Year’s Eve DWI Free

a man holding a class of alcohol with car keys in hand. there is a clock turning midnight in the background

New Year’s Eve is the second most likely night for people to receive a DWI charge. Only Thanksgiving sees more DWIs than New Year’s, and the accident rates soar during this time of year, according to official sources. However, it is important to remember that DWIs can happen at any time, and the same rules for keeping New Year’s Eve safe and DWI free apply throughout the year as well.

A DWI conviction can have many life changing consequences including:

  • Having an arrest record
  • Incurring expensive fines
  • Serving jail time
  • Being placed on probation
  • Being required to install an ignition interlock device
  • Being forced to attend mandatory counseling or education classes

A DWI conviction has a serious impact on your life. It is much easier for you to avoid a DWI altogether than to deal with the consequences of such a charge.

What Can I Do To Avoid a DUI Charge?

There are no magic formulas to help you avoid a DWI. Common sense is the best weapon you have in the fight against a DWI charge, but sometimes a bit of knowledge about how the system works can also be beneficial. Here are some tips for avoiding DWI charges:

  • Designated drivers do not get DWIs. It is a simple fact that a designated driver who consumes no alcohol is the best defense against a DWI charge. It is also the best way for you and your friends to stay safe when you are out enjoying the evening. You could also arrange for a cab or other transportation.
  • The less said, the better. It is important not to talk too much to police officers when you are pulled over for any infraction. Police officers are trained to talk to you and get you to say things that can then be used as they build a case against you. While police officers are just doing their jobs, they are not your friends when you are pulled over and you should try to avoid talking to them too much, no matter how polite or nice they seem to be.
  • Call an attorney. If you are charged with DWI, an experienced DWI attorney is your best bet for reduction or dismissal of the charges.

Contact me,  Adam Woody, at The Law Office of Adam Woody if you are arrested or booked on DWI charges. I’m here to fight for you.

Source

Driving Under the Influence of… Caffeine?

California Man Fights DUI Charge for Driving Under Influence of Caffeine
coffee beans spilled around a coffee cup with the chemistry symbol for caffeine in the cup

 

San Francisco, CA. Dec. 24 – Caffeine may be the “nootropic” brain drug of choice in Silicon Valley, but an hour’s drive north in Solano County, California, the stimulant could get you charged with driving under the influence.

That is according to defense attorney Stacey Barrett, speaking on behalf of her client, Joseph Schwab. After being pulled over on 5 August 2015, Schwab was charged by the Solano County district attorney with misdemeanor driving under the influence of a drug.

Almost 18 months later, Schwab is preparing to go to trial. The only evidence the DA has provided of his intoxication is a blood test showing the presence of caffeine.

Schwab was driving home from work when he was pulled over by an agent from the California department of alcoholic beverage control, who was driving an unmarked vehicle. The agent said Schwab had cut her off and was driving erratically.

The 36-year-old union glazier was given a breathalyzer test which showed a 0.00% blood alcohol level, his attorney said. He was booked into county jail and had his blood drawn, but the resulting toxicology report came back negative for benzodiazepines, cocaine, opiates, THC, carisoprodol (a muscle relaxant), methamphetamine/MDMA, oxycodone, and zolpidem…

“It’s really stupid,” said Jeffrey Zehnder, a forensic toxicologist who frequently testifies in court cases. Over 41 years, Zehnder said, he had never seen a prosecution for driving under the influence of caffeine…

California vehicle code defines a “drug” as any substance besides alcohol that could affect a person in a manner that would “impair, to an appreciable degree” his ability to drive normally.

Making that case with caffeine would be difficult, Zehnder said, because the prosecutor would have to show that impaired driving was specifically caused by the caffeine and not any other circumstances.

“There are no studies that demonstrate that driving is impaired by caffeine, and they don’t do the studies, because no one cares about caffeine,” he said.

Source

Client Acquitted of First Degree Murder, Freed After 8 Years Behind Bars

We are thrilled to announce that client Michael E. Amick has been freed from custody after 8 years in jail or prison.  His trial started on November 28, 2016 and following a three and a half day jury trial, a Butler County jury found Mike not guilty of First Degree Murder and Second Degree Arson.  He was initially charged on December 5, 2008 and his case first went to trial in June, 2011 with Dee Wampler as his lead attorney.  He was convicted of Second Degree Murder and Second Degree Arson.  His conviction was later reversed on appeal by the Missouri Supreme Court based on an error that the court made during jury deliberations, which should have a required a mistrial.  Once the case was reversed and sent back to state court, Mr. Amick’s family hired Adam Woody as his attorney.  This week, a Butler County jury of 7 men and 5 women found him not guilty of both counts after approximately three hours of deliberation.  One juror explained that the initial vote was 11-1 for not guilty, and that those 11 were ready to announce a not guilty verdict within 10 minutes.  However, one juror wanted to discuss the facts further.

This case has garnered state and national attention.  There has been a strong “Michael Amick is Innocent” presence on facebook, started by his family who knew he was innocent and fought for his freedom from day one.  

Following his acquittal, the St. Louis Post-Dispatch published the following article titled, Man Acquitted After 8 Years Behind Bars.  

KY3, the NBC affiliate in Southwest, Missouri, completed an article on the case.  See that article here.  

KOLR10, the Southwest, Missouri CBS affiliate did a story.  Read that article and watch the segment here

The Columbia Daily Tribune in Columbia, Missouri also did an article.  See that here.

We are proud to see what our hard work and dedication to our clients can do.  The system works when the attorneys within it work hard for their clients.  We are thrilled for Michael and his family.  He has a wife and three young children, ages 11, 9, and 8.  They were reunited with their father after 8 years away from him.  Mike is 40 years old and has a lot of years of freedom ahead of him.  He is excited to see what the next chapter will bring, as are we.