DUI Cases in Clinton Township, Harrison Township, and Mt. Clemens - 41B District Court
This is the first in a series of DUI articles focusing on Macomb County District Courts. To begin, I think it's fitting for me to explore my "home" Court, the 41B District Court, which handles cases arising in Clinton Township, Harrison Township, and Mt. Clemens.
Housed in a beautiful new building and staffed by 3 Judges, Sebatian Lucido, Linda Davis, and as of Jauary 1, 2011, Carrie Fuca, the 41B District Court is a model of efficiency. For those facing a Drunk Driving (DUI), this is a solidly "middle of the road" Court, being neither especially lenient, nor overly harsh.
On the other hand, the 41B District Court tops them all in terms of being expensive. Fines and Costs here are always on the high end. No one gets out of this Court inexpensively. Given that it's not a particularly "harsh" Court, and given the admirable level of consistency in that regard, I think it's better to pay a little more and walk out the front door after a DUI, rather than get a great deal on the Fines and Costs, along with some time in Jail to savor that bargain.
As a DUI Attorney, I am lucky to have the 41B District Court as my "home" Court. I'm often in this Court 3 times a week, so my observations about it are based upon considerable experience. Frankly, if a person is unlucky enough to get a Drunk Driving, having the case land here is at least a decent break.
Judge Sebastian Lucido worked in Private Practice, like me, before being appointed to the Bench. Quick-witted and very intelligent, his natural disposition is overwhelmingly kind, and it is obvious to anyone paying attention that he tries very hard, and is uniformly successful at being fair. He is quick to give someone a break. This is a bonus for anyone facing a DUI. In 1st Offense DUI cases, he is always open to the possibility that a person has simply fallen victim to a lapse in good judgment. In Second Offense DUI Cases, he won't buy that excuse (nor will any Judge, for that matter), but he is similarly receptive to working with someone who is ready to address their problem and take care of getting themselves on the straight and narrow. This means that if the right steps are taken, Jail can be avoided.
Judge Linda Davis was a Macomb County Prosecutor before being appointed to the Bench. She was, in that role, always firm, but fair. Her appointment to the Bench was made at a time when the 41B District Court had been having problems. She came in to clean things up, and beyond doing that in short order, she was able to transform the Court into one of, if not the most efficient Courts in the County. Perhaps her biggest attribute is that solid sense of fairness. She is tough, and not in the sense that she is harsh, but rather that she will tell it like it is. She has the ability to assess a situation involving alcohol or drugs, quicker and more accurately than any other Judge around, She will accept no BS, and if presented with it, will call the person on it. Her raw intelligence would make her an ideal candidate for any important position at a national level. It takes some work, but even in 2nd Offense DUI cases, a person can walk out the front door of her Courtroom, and not be taken away through the back.
