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Roger
Roger, Lawyer
Category: Criminal Law
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I have plead guilty to a misdemeanor owi first offense in Livonia

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I have plead guilty to a misdemeanor owi first offense in Livonia mi my license is being suspended for 90 days. I was told about sobriety court to possibly keep full license. I have been sober for 14 months went thru inpatient long term tx for 4 mos go to aa regularly, counseling. Mine was actually drug related but the charge is alcohol for work reasons it was pled that way I'm in health care. My question is since it's a first offense could I still do sobriety court?

Roger :

Hi - my name is XXXXX XXXXX I'm a Criminal Law litigation attorney. Thanks for your question. I'll be glad to assist.

Roger :

Sobriety Court is generally for repeat offenders who have two or more offenses. Here

Roger :

Here is a good article you can read: http://www.michbar.org/journal/pdf/pdf4article1976.pdf

Customer: I'm wondering if there are exceptions or if I shouldn't even bother pursuing it.
Customer: Thx for article. I'll check it out.
Roger :

For a first offense, there is a chance that the person's license will be suspended for 30 days, with an additional 150 days restricted driving privileges. If a plea to impaired driving is agreed upon with the prosecutor, the driver's license is not suspended at all, but it is restricted for 90 days.

Customer: Oh sorry I mixed this up. I'm getting a 90 day restricted already not suspended. I was told by a psychologist that I could possibly keep my full license privileges w/ sobriety court.
Roger :

Ok. I thought that may be the case.

Roger :

I think sobriety court is only for repeat offenders to keep from losing his/her license altogether.

Customer: Ok. I'll have to bite the bullet then. My lawyer said the same thing and that I'm lucky I got what I got. It just seems to me that there should be exceptions to the rule w sobriety court. I thought about contacting the court myself but everyone says no. On the day of my sentencing can it be brought up or seriously should I just forget it?
Roger :

You can discuss the option with your attorney and bring it up to the judge during sentencing, but if sobriety court is only for repeat offenders, you would not be eligible, but the relief you're getting is likely better anyway.

Customer: Yes. Thanks for your time. That's it I guess.
Roger :

No problem. Glad to help.

Roger :

Please let me know if you have any additional questions.

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