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Troy MI License Restoration Blog

Monday, December 29, 2014

REALITY CHECK TIME FOR OWI 2ND AND 3RD CONVICTIONS

Let’s start this article by making an assertion regarding prosecutors, and for that matter judges too. And that is that they are suspicious by nature. So when a person gets charged with drunk driving or driving under the influence of drugs for a second or third time, the attorney that is retained must take a different approach than might otherwise be used for a client being charged as a first time offender.

Often times a first time offender can play upon a prosecutors sympathies when dealing with a first time drunk driving or driving under the influence of drugs if the circumstances warrant it. That is, if the BAC (blood alcohol content) is not at a level that would suggest recklessness or if no other extenuating circumstances are present, then the prosecutor may be willing to listen to any argument I can put forward.

When BAC’s are too high, it becomes impossible to claim that the client did not realize he was “under the influence”. Or, on the other hand, that this was an isolated incident and the client rarely drinks.

When a client has no prior offenses on their record and the BAC is low, dispositions that include no or very little probation are within the realm of possibilities. In addition, if the BAC is low enough, sometimes it is possible to amend a drinking and driving charge to a non-drinking offense.

After the first conviction however, dispositions like the ones mentioned above disappear like dust in the wind. In the first place, prosecutors as well as judges believe anybody who is charged again after already having been convicted prior, has an alcohol problem.  Judges firmly believe that anyone who gets caught driving while intoxicated has driven drunk on many prior occasions but has been fortunate to not have been caught. In other words, they believe no one is so unlucky that they get caught drunk driving the one and only time they’ve done it.

So when the client picks up a second or third drinking and driving charge, the focus regarding disposition takes on a different approach.  Rehabilitating a client in this position requires more work and effort but if the client is willing to do what it takes to effectuate a better disposition then it can be accomplished.

If you have been charged with drinking and driving second or third offense, call the Law offices of Martin Lievois in Troy at 248-419-1566 or in Flint at 810-250-4550 immediately as time is of the essence.



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| Phone: 810-232-3223
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| Phone: 248-498-2525

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