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3rd DUI, child endangerment w/ my 4yr old, speeding ticket, & driving on suspended all w/in 7yrs, what are my sentencing options

Asked in Kalamazoo, MI - 4 months

I got my 3rd DUI with BAC of .17, child endangerment with my 4yr old daughter, driving on a suspended, and a speeding ticket. What do you think is going to happen? I got my 1st in 2006, 2nd in 2007, and 3rd 2012. I am 27 yrs of age and also unemployed. I am currently on SCRAM and attending 3 AA's a week. I also have seen a therapist because I know I have problems that need to be addressed immedietly and he strongly believes my upbringing and my past bad decisions/experiences are a result in why I have acted the way I have. CPS is involved, and my daughter's father currently has temporary custody... BUT CPS has awarded me non-supervised visitation whenever requested to her father with overnight stays. Can you please give me your opinion on the outcome of my Jury Trial Hearing? Thank you!

Attorney Answers (4)

Frank B. Ford

Frank B. Ford

Dearborn Heights DUI / DWI Attorney

Licensed in MI

Answered 4 months ago. I sincerely hope you have retained an excellent OWI attorney. I don't say that sarcastically, but because you need experienced representation, to find any possible defenses. If you are convicted, you are going to get some jail time, but the length will depend on a number of factors, some of which will be in the sentencing guidelines, but others will be based on your own actions in addressing your alcohol problems. An experienced defense attorney will guide you through all of this, and be able to accentuate the positive measures you are taking. Continue to work on getting well. Frank B. Ford 313-565-9289
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Becket J. Jones

Becket J. Jones

Kalamazoo DUI / DWI Attorney

Licensed in MI

Answered 4 months ago. I assume at this point you have been charged. It is a little unclear whether you are asking about a sentencing hearing or a Jury Trial.

I will assume you are asking about sentencing though, as there are not enough facts about the actual charges to provide anything meaningful about a jury trial (please do not provide any further either, as those should only be explained to your actual attorney).

In terms of sentencing, if this is your 3rd OWI, and you have plead straight up to such, then you are in the Circuit Court, and you will serve a mandatory minimum of 30 days in county jail for the felony OWI conviction. This is true even before considering the child endangerment or DWLS charges.

Beyond that, as in all sentencing decisions, a lot of factors will be weighed by the judge in this matter, including your conduct at the time of the offense, prior offense conduct, and what you are doing to improve your situation. Any setbacks that you have between now and sentencing will be more problematic for you.

If you have not either hired or been appointed defense counsel in this case, you should do so immediately. If you have not plead yet, you should engage your current (or if not hired yet, future) attorney to discuss these matters in full before you do enter any kind of plea.

Best of luck in your case and recovery.
An Attorney-Client relationship has not been established. Becket J. Jones is not your attorney.
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1 comment

John Paul Thygerson

John Paul Thygerson

Norwalk DUI / DWI Attorney

Answered 4 months ago. You mention a "jury trial hearing". What do you mean by that? If your case is scheduled for a jury trial you should have retained counsel long ago. If you did retain counsel you should be directing these questions to him/her. If you have not yet retained an attorney you need to do so, like yesterday. The charges are serious. They can impact your liberty intersts and by extension your parental rights.
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Patricia A. Reiser

Patricia A. Reiser

Ann Arbor Criminal Defense Attorney

Licensed in MI

Answered 4 months ago. I agree with my colleagues that you absolutely need an experienced trial attorney. It is not clear to me at what stage of the proceedings you are, but you risk not only criminal liability, but possible loss of parental rights. It sounds like you are in compliance with CPS--great, and I cannot stress enough how important it is to continue to be in compliance. You absolutely must be committed to getting well, for your own sake, but especially for the sake of your very young daughter. This event needs to be a wake up call to you. Show the court and CPS that it is just that through your actions and commitment to treatment. Again, you absolutely need an attorney--you have a LOT at stake. I wish you all the best.
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