Clare, Michigan

Mr. Cross represented a gentleman charged with DUI after being stopped by police, allegedly failing field sobriety tests, and ultimately registering a .14 based on a blood test.

The client had refused to submit to a breathalyzer. Mr. Cross understood that the client would likely lose his license for 1 year for refusing to submit to a breathalyzer test. Mr. Cross, however, used this information to his client's advantage.

Mr. Cross negotiated with the prosecutor to reduce the DUI charge to a non-alcohol related charge that would eventually drop off the client's record. In exchange for the reduction, Mr. Cross offered to have his client accept responsibility for the breath test refusal and lose his license for one year.

Mr. Cross then convinced the prosecutor that the penalty to his client of losing his license would be severe in light of the fact that his client owned a business and several vehicles that required him to drive. The prosecutor agreed and reduced the charge to the non-alcohol related offense of reckless driving.

Upon securing this agreement, Mr. Cross filed a motion with the Circuit Court asking for a hardship license under the Implied Consent statute. An order was then signed by the Court allowing the client to drive to and from work and in the course of employment.

RESULT: DUI DISMISSED AND REDUCED TO NON-ALCOHOL OFFENSE; CLIENT OBTAINED HARDSHIP LICENSE FOR IMPLIED CONSENT VIOLATION.