Working out deals with the prosecutor - how creative can you be, and how can you save your license?7/21/2017
As a former Oakland County and New York City prosecutor, I've been on both sides of DUI deals for the past 10 years. Everything from DUI cases barely over the legal limit, to serious felony drunk driving charges, all come down to the choice between resolution and trial; most get resolved, but some go to trial.
One particular creative solution that our law firm has used comes with the implied consent issue, and using that as a negotiating tool when most defense lawyers, and prosecutors wouldn't even think to discuss it. When a client has a one-year suspension and six points hanging over their head regardless of the outcome of their criminal case, the floor is certainly lower on the ultimate result. I've beaten drunk driving cases in the criminal courtroom, but my client still lost their license, because they refused the chemical test. We ultimately went the circuit court hardship appeal route, and got the license back, but there's a way to avoid that. Prosecutors and cops work together on cases, and have an open line of communication; this applies especially when working with a city or township prosecutor, and not the county. It may be possible to make the implied consent part of the deal you work out. Although the prosecutor has no say over the hearing, they can certainly tell their officer not to show, and allow you to win by default as part of the deal, or the defendant can withdraw their appeal and lose the the implied consent issue on purpose as part of a deal. Our firm has found that pulling back the implied consent appeal and working out a better DUI criminal case deal, but then streamlining the hardship appeal process at the circuit court is a very good option, and something that other attorneys wouldn't even think to do. If you're dealing with both an implied consent issue and a criminal charge, let's discuss options to keep your license, and dismiss and or reduce some of your criminal charges. Comments are closed.
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