OWI/PAC 1st- Appeal from Municipal Court- PAC charge thrown out by Court
The moral of this story is don't get pushed around. We had a case in municipal court, the defendant was charged with OWI, PAC and another traffic citation. A trial was held on those citations at which time the judge found the client guilty of the OWI and traffic citation and dismissed the PAC charge.
As we were preparing to appeal the case to the circuit court, the municipal court judge was informed of our decision and on his own motion decided to try and reinstate the PAC charge.
We did not believe the court had the authority to just reinstate the charges, so we moved the circuit court to dismiss the PAC charge on the grounds that the court never expressly found the client guilty of the charge.
Of course, the prosecution objected and after written and oral arguments to the court, the circuit court judge agreed with our position and dismissed the PAC charge.
Do the work. Follow through. Those are things we strongly believe in at this firm. That is the reason we get the results we do.