No Felony Conviction for an DUI Third Offense and Resisting and Obstructing
Traverse City, Michigan
Mr. Cross represented a client charged with DUI 3rd Offense and Resisting and Obstructing. In all probability, the client was facing significant prison time.
The client's goal was simple: avoid a felony conviction on his record, avoid prison, and minimize jail time to less than one year.
No reductions or plea bargains were offered by the prosecutor, and the Traverse City court remains one of the toughest in the state on sentencing.
The case was bound over (or transferred) to the circuit court level on the felony, and Mr. Cross filed a motion to suppress the stop and dismiss the case.
Prior to arguing his motion in court, the prosecutor offered to reduce the DUI 3rd Offense to a 2nd Offense, and to dismiss the other charges.
Mr. Cross explained to his client that the reduction would result in the case being transferred back to the district court level, which meant the client could not be found guilty of a felony. Sentencing would also be limited to 1 year or less, and no prison time could be imposed. The client opted to accept the plea bargain, and the case was transferred back to district court.
Once transferred, Mr. Cross asked the district court judge to accept his client into "treatment court," which is normally forfeited if not entered into at the inception of the case. The court granted Mr. Cross's request, and the client entered treatment court. (The advantage to that treatment court is that the client can only be sentenced to a maximum of 21 days in jail.)
At sentencing, Mr. Cross offered a strong argument to limit the 21 days to 10 days jail with work release. The court again granted the request and offered compliments to Mr. Cross on the record for achieving such a favorable result for the client and society on a 3rd offense felony DUI charge.
RESULT: 10 days jail with work release on a DUI 3rd Offense and Resisting and Obstructing charge