Case #: 17####6
Our client had a lengthy criminal record which included prison time and was looking at another long sentence if convicted. Our client was the passenger in a vehicle which was exiting a congested commercial parking lot when his vehicle was struck by another vehicle. The mannerisms of the other vehicle's driver indicated that they were possibly impaired. The vehicle then attempted to speed off while our client's vehicle pursued. Our client's vehicle then cut the other vehicle off and our client, as well as the driver of the other vehicle exited their cars. Our client grabbed the keys from the other driver in an attempt to prevent him from fleeing. In the process, a fight ensued which resulted in the driver of the other vehicle being treated for facial fractures and lacerations. While receiving medical treatment, the alleged victim provided a blood test which indicated that he was twice above the legal limit for impairment. Our client was charged with felony battery. We deposed the attending medical personnel as well as the victim and a witness. We were able to gather contradicting statements from the witness and the alleged victim indicated his reluctance to participate in the prosecution of our client. After indicating the difficulties of the case to the State, they agreed to dismiss the case.