| Good Morning Mr. Trezza, I'm sorry I have not written
earlier, but I wanted to express my gratitude to you and your staff
for handling my case for me. This was a very stressful and
embarrassing situation for me and it was difficult to seek legal
help to direct me through it. I am very thankful that my good
friend Jason Murray, recommended that I speak to you.
You not only treated me with
dignity and respect, but with utmost professionalism. For this
I am extremely grateful to you and your staff. The lawyer
representing me in court (forgive me for not rembmering his name - I
guess my nerves got the bet of me that day), presented himself in a
professional and confident manner. He walked me through each
setop of appearing in court making the process less painful and
stressful.
Again, Mr. Trezza, thank you so
much for all your help and counsel. You made a most difficult
time in my life much easier to get through. I would never
hesitate to recommend you and your firm to anyone I nkow regarding
any legal situations where aggressive and knowledgeable
representation is needed.
I wish for you and your entire
staff, a blessed, happy and healthy new year, filled with continued
success. Keep doing the good work you do.
Sincerely,
Jose "Joe" M.
Neil,
I just wanted to let you know
that—thanks to your help and encouragement—after seven months of
motions and hearings on the fst's, the RBT IV, and other issues, the
AG's office finally offered Reckless Driving for my client.
And, the judge accepted the plea. Given that my client failed
the FST's (allegedly) and that the BAC was .167, this plea was the
first ever of its nature to be offered and accepted here.
Now, thanks largely to your help
on how to proceed in these matters, all of the lawyers are
challenging the RBT IV and the procedures used here—I didn't get a
chance to present expert testimony on the machine itself, but I did
cross examine the testing cops who admitted that their training at
RBT IV school mandates a confirmation test and a 15-20 minute
deprivation period, yet despite that training they do not follow
those procedures here (have NEVER done a confirmation test).
That combined with the RBT IV operations manual made for a good case
to throw out these test results. The judge wouldn't throw them
out, stating that American Samoa has no regulations for testing,
that federal regulations and regulations of other states don't apply
and that he was going to follow the practice and procedure of the
police here (no confirmation test and no wait period) as precedent.
Therefore, the judiciary here is under the impression that failure
to follow test procedures goes to weight of evidence, not
admissibility, and is not a violation of due process in the implied
consent waiver form.
Despite all of that, the
arguments (largely from your office) convinced the judge to allow a
plea to reckless. My client would have lost his commercial
drivers license for 5 years and his regular license for 2 years (it
was his second DUI). Now, he loses his license for 30 days and
keeps his commercial license.
So, thanks again!
Regards,
Sharron (Attorney from American
Samoa)
Thanks Neil for all your support
and representation. Know I couldn't have done it without you.
Consider this your hug because I forgot.
Take care—
Carol
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