Michigan DUI - Leaving the Scene - Does this make my case worse? YES, but let's get to work

When contacted by a potential client charged with drunk driving in Michigan, one of the first questions I ask is how they came in contact with the police?

Most answer they were speeding, failed to use turn signal, going outside traffic lanes, not using headlights etc.  Some are unfortunately involved in a single car or multiple car accident.  Occasionally the client tells me they left the scene and were later found by the police, either still driving or already parked at home and they get a knock on the door. 

Most would agree that committing a crime  then "running away" does not make the situation better, in fact it does make it worse.  I've sat across prosecutors on many occasions where they pile on and say "they drove away" and don't want to cut any deals or give any consideration for the case.  I don't blame the way they view the case, because it is what I did when I was a prosecutor in New York City and in Michigan.  

What I do as a Michigan DUI defense lawyer is focus them back on my client's proactive progress as how the client actually reacted to their poor choice as the "next step" - the driving away was not the next step, because they were still drunk and under the influence, and not being themselves.  It's the same bad choice compounded.  

Along with highlighting the steps the client has taken since the incident, it is important to remind the prosecutor that the incident/date in question was NOT a proud moment for the client, and they are no excuses for what happened. 

Drunk driving was bad enough, leaving the scene while an additional poor decision is just part of same poor choice; a "bad night".  If they were dumb and drunk enough to do this then it's not a surprise that they panicked and drove away.  It's within the same lapse in judgment and we need to segment those choices together.  Isolate them and close the door - the bad part is done with, no need to pile on.  

If the prosecutor is going to view the drunk driving and leaving the scene as a series of bad decisions (1 and 2) and not the same one, it makes things more difficult.  That is why the proactive steps need to be advocated as the "next step" or step #2 vs the leaving the scene being the next step.  It doesn't seem like a big difference, but I've personally experienced this conversation on both ends, as a prosecutor and defense lawyer.

I just can't believe other DUI lawyers in Michigan don't prepare their clients for court, and to give them a fighting chance to show that "next step".  To simply walk in and ask a prosecutor for consideration based on speculation "my client has learned from this, won't do it again", let alone try to sell that to a judge, it just boggles my mind.