Should I Plead Guilty to drunk driving in Michigan?
When faced with the possibility of a DUI conviction and drunk driving penalties in Michigan, you may wonder whether you should take the case to trial or take the best plea offered?
There is a perception in the public that you will be punished for taking a case to trial and ultimately being convicted. The answer to this question should always be absolutely not, but judges and prosecutors are human, and there is a possibility that a party may punish someone for going to trial. Although neither party will ever admit the fact, your attorney should be keen to observe any indication that the charged party will be punished for trying the case.
With such harsh penalties in place, especially for Michigan DUI second offenders and Michigan DUI third offenders, along with many county prosecutor's adopting strict DUI policies, going to trial is becoming very common.
One unique charge that is changing how Michigan DUI cases are handled is the new super drunk driving law. Under this new law, Michigan DUI first offenders face stiff drunk driving penalties that make pleading to a straight Operating While Intoxicated charge seems like a great deal. Prosecutor's will offer to drop this super drunk charge for pleading to the regular drunk driving charge, which have less severe drunk driving sanctions. This is simply called leverage, and puts the client in a difficult situation.
This law also may force more trials, because some prosecutor's have a strict policy against dropping the Michigan super drunk charge. The Oakland County Prosecutor's Office has a strict policy against the Michigan super drunk law, and will not drop the charge like some other counties. This policy has pushed defense attorney's into trying super drunk cases, which many times end up with a compromise jury verdict of guilty of a lesser offense and a not guilty of the super drunk charge.
In the end, the truth DOES NOT MATTER. Do not walk into court and plead guilty, because you know you were drunk when driving that night. I would never advise a client to lie, but as someone charged with a crime, you have a right to remain silent during the entire trial; you won't have to lie or tell the truth. The truth doesn't get you convicted - the only way to be convicted of a DUI in Michigan is when the prosecutor has convinced a judge or a jury beyond a reasonable doubt.
When faced with the possibility of a DUI conviction and drunk driving penalties in Michigan, you may wonder whether you should take the case to trial or take the best plea offered?
There is a perception in the public that you will be punished for taking a case to trial and ultimately being convicted. The answer to this question should always be absolutely not, but judges and prosecutors are human, and there is a possibility that a party may punish someone for going to trial. Although neither party will ever admit the fact, your attorney should be keen to observe any indication that the charged party will be punished for trying the case.
With such harsh penalties in place, especially for Michigan DUI second offenders and Michigan DUI third offenders, along with many county prosecutor's adopting strict DUI policies, going to trial is becoming very common.
One unique charge that is changing how Michigan DUI cases are handled is the new super drunk driving law. Under this new law, Michigan DUI first offenders face stiff drunk driving penalties that make pleading to a straight Operating While Intoxicated charge seems like a great deal. Prosecutor's will offer to drop this super drunk charge for pleading to the regular drunk driving charge, which have less severe drunk driving sanctions. This is simply called leverage, and puts the client in a difficult situation.
This law also may force more trials, because some prosecutor's have a strict policy against dropping the Michigan super drunk charge. The Oakland County Prosecutor's Office has a strict policy against the Michigan super drunk law, and will not drop the charge like some other counties. This policy has pushed defense attorney's into trying super drunk cases, which many times end up with a compromise jury verdict of guilty of a lesser offense and a not guilty of the super drunk charge.
In the end, the truth DOES NOT MATTER. Do not walk into court and plead guilty, because you know you were drunk when driving that night. I would never advise a client to lie, but as someone charged with a crime, you have a right to remain silent during the entire trial; you won't have to lie or tell the truth. The truth doesn't get you convicted - the only way to be convicted of a DUI in Michigan is when the prosecutor has convinced a judge or a jury beyond a reasonable doubt.
