Felony Operating While Intoxicated Dismissed in Oakland County

Mitch's client was facing up to 5 years in prison after being charged with OWI 3rd in Oakland County for a drunk driving case originating in Hazel Park. Mitch conducted a preliminary examination at the District Court and, while cross examining the arresting police officer, showed how the police officer made false statements in a search warrant affidavit. Later at the Oakland County Circuit Court, the prosecutor agreed to dismiss all charges

Not Guilty Jury Verdict - Felony Drunk Driving (operating While Intoxicated Third Offense)

An Oakland County jury found Mitch's client Not Guilty of operating while intoxicated third offense. There was a blood draw analyzed by the Michigan State Police used as evidence of intoxication, showing a result of .081 grams of alcohol per 100 milliliters of blood. Mitch brought in a defense expert on blood testing and analysis and standardized field sobriety tests, and cross examined the State expert who conceded that it was merely a 50/50 chance that the defendant's actual blood alcohol was over the legal limit. During cross examination of the arresting officer, it was revealed that the officer was exaggerating the facts to make it sound like the defendant was intoxicated - his testimony was contradicted by his own dash cam video.

Drunk Driving Sanctions Avoided

Mitch's client was facing a charge of operating while intoxicated in Lapeer County. Mitch was able to negotiate a plea bargain with the Lapeer prosecutor where his client pleaded guilty to "allowing an intoxicated person to operate a motor vehilce". This resulted in a misdemeanor with fines and costs and 60 days of probation with no driver license sanctions from the Secretary of State.

Child Abuse Charges Dismissed

Mitch's client was accused of driving with a high blood alcohol content with children in the car and was charged in the 67th District Court in Davision with high BAC and two counts of child abuse - Mitch was able to work out a plea with the Genesee County Prosecutor's Office where the two child abuse charges would be dismissed and the high BAC would be reduced to operating while impaired

Reduction To Impaired Driving With No Jail Time On A .19 And .20 Breath Reading

Mitch's client was sentenced by Judge Michael K. McNally at the 33rd District Court in Woodhaven to probation without any jail time for a conviction of operating a motor vehicle while visibly impaired. The datamaster breath test results were .19 and .20. Mitch was able to get a plea bargain reduction from the prosecutor for his client to impaired driving from the original charge of operating while intoxicated (drunk driving). The prosecutor also agreed to not charge his client as a "superdrunk". Michigan's "superdrunk" law can be used for people testing at .17 or higher on the chemical breath or blood test and includes more severe penalties for drivers convicted under this law.

Second Probation Violation - No Jail

Mitch's client was on probation for drunk driving and was facing his second probation violation charge at the 52-1 District Court in Novi. Just as he did in his first probation violation, Mitch's client was able to avoid jail time. Ultimately, he was able to complete his probation and get discharged from probation without jail time.

Felony Drunk Driving - Plea Withdrawal Granted - Re-sentenced To Shorter Prison Term

S. Z. pleaded guilty to Felony Third Offense Drunk Driving in Oakland County and was serving a 3 to 10 year prison term with the Michigan Department of Corrections. Mitch appealed Mr. Z's guilty plea and found a defect in the plea process. Mitch persuaded the Oakland County Circuit Court Judge to allow Mr. Z. to withdraw his guilty plea. Mr. Z. later pleaded guilty to the same offense with a sentencing agreement of 30 months to 10 years, making him eligible for parole 6 months sooner than his previous sentence.