Michigan DUI Second Offense Dismissed
Mr. Cross represented a woman who was charged with DUI 2nd Offense.
She had been stopped by officers while she was driving away from a bar, and was forced to perform field sobriety tests. The officers told her she failed, and she was promptly arrested and charged with DUI 2nd Offense after also failing a breathalyzer test.
The woman retained an attorney who advised her to accept a plea to the reduced charge of DUI 1st Offense.
Not satisfied with this advice, she called Mr. Cross for a second opinion.
Mr. Cross advised her that pleading to an DUI First Offense would still result in a loss of license for at least one year. Due to her work, she could not afford such a license sanction. Mr. Cross accepted her case and agreed to take the case to trial.
Prior to trial, Mr. Cross investigated the case and learned that his client had been wearing high-heeled shoes at the time of the stop. The police had not offered her the chance to remove her shoes during the field sobriety tests.
Mr. Cross also questioned the motive of the police for stopping her vehicle. The police had claimed that an object appeared to be obstructing her rear view mirror. Mr. Cross determined that the obstruction (an object hanging from the mirror) was insufficient to justify the stop, and he prepared a motion asking the Court to suppress the stop and throw out the case.
The prosecutor reviewed the motion, and agreed that the stop and field sobriety tests may have violated the law.
RESULT: CASE DISMISSED. No reduction necessary, full dismissal without appeal.