Non-Alcohol, No Felony

Michael J. Boyle

Practice Area:DUI / DWI

Outcome:Pled to Reckless and avoids possible Felony

Description:Client had two prior alcohol related driving offenses, and therefore was potentially subject to a Felony enhancement under the HEIDI LAW, which now allows prosecutors to charge a third offense within a lifetime as a felony. Client was returning to Northern Michigan after a business trip to Wisconsin. He drove through U.P. and was driving through Harbor Springs/Petoskey area where he was stopped by police after he pulling into a gas station. Officers approached him after he had already exited his car alleging that he was driving poorly, specifically driving too slow (40 in 55 mph). Client performed very well on FSTs but did submit to a PBT (.13) and was arrested. Datamaster resulted in .14 and .14. We filed Motion to Dismiss based upon a suppression issue of the PBT and lack of probable cause. Prior to arguing motion, and negotiating with officers and prosecutor, we agreed to Reckless Driving.