Wednesday, May 25, 2016

Lima Jury Returns Not-Guilty Verdict

I am honored to have been trusted by Ryan Howe to represent him over these last several months. He is a proud father, talented artist, and genuinely good person. A Town of Lima, NY jury deliberated for less than an hour on Tuesday before returning a not-guilty verdict for Mr. Howe, who was originally charged with Driving With Ability Impaired by Drugs in October. We very much appreciate the service of the jurors and their attention to the fine details in this case. Obviously, we are very pleased with this result. The six-person jury heard from several witnesses, reviewed video and documentary evidence during the full-day trial. Ultimately, the jury concluded that there was not sufficient proof to determine that Howe’s ability to operate his motor vehicle was impaired by the use of drugs. At the end of a long day, the jury held the government to their burden of proof, and maintained the presumption of innocence for the defendant. Our criminal justice system is built on these ideals, and it is encouraging to know that the system works. The original arrest stemmed from a traffic stop for a Speeding violation, of which Howe was convicted. A third charge – Unlawful Possession of Marijuana – did not reach the jury. The Honorable Elvira Luhowy, who presided over the trial, fined Howe less than a hundred dollars for the traffic infraction. Mr. Howe has relocated since the incident, and can now begin to seek meaningful employment again. He lost his job as a result of the arrest. The collateral consequences of an arrest are significant, even if the defendant is found not guilty. If you or a loved one find yourself accused of a crime, call (585) 519-4117 and schedule a consultation. If the matter has to proceed to trial, you want to be represented by an experienced attorney that you can trust.