My 1st was 17 years ago and then i received 2 within a year period. I am college degreed and have no other criminal record and had a successful job. I blew a .22 and entered rehab. The judge in Oakland county still convicted me of a felony OWI which is on my record forever. I know people who have had 8 owi's that still don't have a felony. My attorney didnt' even attempt to lessen the charge. Could and should he have? Is there anything I can do after the fact?
The Oakland County Prosecutor's office, as a general policy, do not reduce OWI 3rds. The question you pose does not address what happened. Was there a reason to stop you in the first place? Is there a question as to the identity of who drove the car? Is there proof that you drove a car? Was there any types of errors in how the evidence was gathered and processed? The fact that you blew a .22 is not a good sign.
The only ways that the case can be addressed after you have been convicted is through an appeal (if you still have the opportunity to appeal) or through a motion for relief from judgment (if you have otherwise exhausted your other appellate remedies).
Every case is different. Every judge has their own quirks. Which specific prosecutor had your case is a huge factor. Yes, who your lawyer is, how well they are respected, how well they know the law, and how much fight they put up for you are important.
2 within a year and one with a BAC almost triple the legall limit are not encouraging facts. Few lawyers would be able to get you a misdemeanor in those circumstances without some other fact creating complications for the prosecutor.
I have a hard time believing that the attorney didn't attempt to see if the charge could be reduced. While it certainly is possible, I think it is more likely that he / she attempted to get a reduction and the prosecuting attorney would not agree to such. Was there an accident (even a minor one) with this last incident?
If he / she didn't attempt to have it lessened below an OWI 3rd, it is could have been because of the BAC level, as I have to assume that you were charged with not only OWI 3rd, but OWI w/ High BAC. It sounds like the High BAC charge may have been dropped, so actually your charges may have been reduced - just not in the way you would have liked.
Either way, based on what you have said it is impossible to tell whether your attorney could have done a better job. If you want to clear this matter up, you should politely ask for an explanation from the attorney as to what he / she did with respect to the plea negotiations for your case, and specifically ask why the charge couldn't be reduced below a felony OWI conviction.
The fact you that know others with 8 OWIs that don't have a felony is also irrelevant to your situation. I would not dwell on that, because their situations were likely different in many respects from yours - i.e. the jurisdiction, the judge, their BAC level, the legality of the initial traffic stop, the quality of the dexterity tests, etc. may have all differed from your situation.
"My 1st was 17 years ago and then i received 2 within a year period. I am college degreed and have no other criminal record and had a successful job. I blew a .22 and entered rehab."
Three OUI convictions; two w/i a year would seem grounds for a felony conviction.
The short answer is that you will not get a post-mortem analysis with so few facts on this forum.
Is there anything you can do after the fact? Probably not. You don't have a right to have a charge for which you are guilty reduced.
Talk to your lawyer. My guess is that he/she did attempt to have it reduced but was unable to do so. This is not something that can be forced in court unless their are grounds to show that it is not your third offense.
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