Sample Case #12

R.C. had a rear-end accident with another car which contained two (2) women who worked for a church in northern Oklahoma. He had just left a restaurant where he, his mother, and his wife had shared a carafe of wine while eating salads. R.C. had placed all of this on his credit card and had the receipt to prove what was drunk at the restaurant. The officer claimed that he had a strong odor of alcohol on him, could not do the field tests, and, generally, described a very drunk person. The two women in the other car did not smell alcohol at all on him, AND saw NOTHING that suggested R.C. was drunk. The D.A. would not dismiss this case even in the face of this evidence.

We set the case for trial. We secured an expert, Dr. Joe Citron, from Atlanta, to testify as to how much alcohol was likely in his system and the effects on R.C. of even this minor accident. C. Jeffrey Sifers was listed as an expert witness as to the attempted field tests on R.C. His testimony was going to show that the tests were NOT done properly, per the national standards, and could not be used to show any reliability as to R.C.'s alleged intoxication. Jeff was FURTHER going to testify that, according to the breath test records for the past two (2) years, the officer involved had made mistakes in arresting people for DUI over 15% of the time. A friend of Mr. Sifers', and another Regent of the National College for DUI Defense, J. Gary Trichter from Houston, Texas, became interested in this case and agreed to come to Oklahoma as co-counsel to assist Mr. Sifers in the trial. Trichter, the author of the DUI Defense Manuals for Texas and countless articles on DUI, was approved by the court in Oklahoma to help try this case. The D.A. was made aware of ALL of the above.

The D.A. first offered, as to avoid this trial, a "plea bargain" of a one (1) suspended sentence and a fine. This was turned down, out of hand. As we got closer to trial - AND we filed numerous motions in the case - the "deal" went to a three (3) year deferred sentence (case dismissed at the end of the 3 years), fines, and other stuff to do. Three (3) days before the hearing on these motions, the D.A. called Mr. Sifers on his cell phone, after hours, and offered to reduce the charge to Driving While Impaired (a lesser offense than DUI), 6 months deferred, dismissal at the end of the 6 months and expungement from the records, no fine, and court costs with a no contest plea (no admission of wrong doing), if we would not make him fight this.

As of that date, no attorney with which Mr. Sifers had spoken had EVER heard of this D.A.'s office bending THAT MUCH to avoid trial with a defense attorney. The client decided to accept this offer.