03/06/2026
We received another NOT GUILTY verdict!
This case arose out of a car accident in the summer of 2023. Our client was a police officer who was in uniform, in his marked patrol car, and on duty patrolling his area when he stopped at an intersection to reply to a message heād received on his cell phone. There were no other cars at the intersection, but there was a cyclist that he did not see. When he turned and pulled away from the intersection he hit the cyclist, who unfortunately suffered serious injuries to her leg and wrist.
The transportation code makes it generally illegal to use a wireless communication device while driving, but there are exceptions and circumstances where the law doesnāt apply. One such exception is that it does not apply to police officers driving a police vehicle and acting in their official capacity.
Despite this clear carve-out in the law, our client was charged with the Class A misdemeanor of using a wireless communication device while driving and causing serious bodily injury, He faced up to one year in jail and a $4,000 fine, as well as potential collateral consequences to his law enforcement career.
The State, for some reason, seemed convinced that the clearly defined exception for police officers did not apply to our client and attempted to prosecute him to the fullest. Finally, we were able to get our clientās case in front of a jury.
The star witness for us was the veteran DPS Trooper who investigated the crash. After his investigation, he decided based on his knowledge of the law and the exception to the law, that our client did not commit a crime. He did not make an arrest. Wade drew out all the relevant testimony from the trooper to show that not only did the carve-out apply to our client, but that he himself agreed.
The State argued that the Trooper isnāt a lawyer and made a mistake on the law. We argued that even if the jurors didnāt like the result, the State hadnāt shown that the law applied to our client, and that the Trooperās understanding and decision not to arrest was reasonable doubt itself.
Matthew had done significant research on the application of the defense and how it should apply in this case. By using that research, he was able to persuade the prosecutor to agree to very favorable jury instructions that made the issue very clear for the jury.
The jurors deliberated for a little over an hour before coming back with a NOT GUILTY verdict!
From Wade ā āThis case was purely about the letter of the law. You might say we know a little something about that here at our firm. There was no dispute about what happened or that there were some pretty severe injuries suffered as a result of the accident. But the State tried to twist the law to say something that it doesnāt and really came after our client pretty hard. We were right on the law, and the jury agreed. Iām so happy that our client has this case off his back.ā
From Matthew ā "Having this case hanging over our client's head for so long was a significant burden on him and his family. Seeing the sweet relief for our client and his wife after fighting so hard for them was a joy for us. Helping people overcome these challenges against overzealous prosecutors is exactly why we do what we do. We're thrilled our client can go back to protecting and serving his community after the State tried to strip him of his livelihood and freedom when he had broken no laws. We're thrilled the jury saw it the same way."
From Paul: "Wade and Matthew did an outstanding job with this case. The stateās case against our client was so strong that they refused to even offer probation to our first-time offender. They went into the trial wondering why we werenāt willing to accept a small jail sentence. They came out of the trial understanding that weāve got some really good trial lawyers at our firm. My hats off to Wade and Matthew for doing a phenomenal job with a difficult case."
"From our very grateful client: "Wade is the best. And that man yesterday ā everything he was going through... he had to hold his composure, and it was not easy. He had to fight through everything. Everything that did not go his way ā he remained professional and courteous and I am forever grateful for that man right there. Everybody was against him, but he found a way to convince those jurors that everything those people said about me was not true. It was an accident that was a bad situation, and he still was able to get a not guilty verdict and I am forever grateful.
Matthew was the one who kept me calm and said we had to prepare for the best outcome no matter what the jury said. He was knowledgeable and when he needed to step in, he did.
I met with Paul several times, but Wade and Matthew were the ones I dealt with when the game was on the line. They were very knowledgeable and from what I understand, this was the first time they had to deal with something like this and they figured it out. Iām so proud of Wade regardless of the odds that were already stacked against us.
I know for a fact this was not easy for Wade and Matthew, and they still found a way. This was not easy for us especially for those guys going up with what they were going up against.
Thank you to Looney Smith Conrad & Hefti for what they have done for me. I can continue to live my life and get my career back. They understood I made a mistake. I told the truth and I did everything I was supposed to do. We had people trying to take me down for it and Wade and Matthew fought for me. It all paid off in the end."
