Everyone knows that a 3rd offense DUI is a big deal. In this short article, I want to go beyond most of the legal and technical stuff and examine one simple, but important aspect of these cases: the where factor. Here, in the Tri-County area of Oakland, Macomb and Wayne Counties, where you get a DUI has a huge impact on how your case will play out, especially if it’s a 3rd offense, felony charge. I have examined many other facets of 3rd offense cases in my other DUI articles on this blog, so our focus here will be on the importance of location of a 3rd offense case really is, especially when we’re comparing Oakland, Macomb and Wayne Counties, where I practice. To be sure, this is a deep subject, and it would be easy to do a many page, multi-part summary, but that’s exactly what we’re NOT going to do.
In order to really appreciate the influence of geography on 3rd offense drunk driving charges, we first need to sort out a few things. There is a general notion that of the 3 local counties, Oakland County is the “toughest,” Wayne the most lenient, and Macomb, somewhere in-between. There is some truth to this, but it’s not entirely accurate, particularly as it applies to 3rd offense drunk driving cases. As a DUI lawyer who specifically concentrates his representation in Oakland, Macomb and Wayne Counties, these differences are important to me every single workday. Any notion of which place is tougher versus more lenient must really account for 2 key factors that underlie every DUI case (and every criminal charge, for that matter): the prosecutor and the Judge.
If you’re familiar with the greater Detroit area, then you know there is a kind of unique “vibe” to each of the 3 counties. This “vibe” is reflected in the bench of each county, meaning the aggregate of its sitting Judges. This can become something of a chicken or the egg debate, but what really matters is that, as a group, the Judges in any particular county are largely a reflection of that county. The county prosecutor, however, is also a key player in all this. Whereas each of the local counties is made up of numerous district and circuit Judges, every county has only 1 elected prosecutor, and that person determines all the policies for how things are done and what kind of breaks (or not) can be given in all criminal cases. The interplay of these 2 factors – the Judge and the prosecutor – has everything to do with what ultimately happens to anyone facing a state-charged DUI. All 2nd and 3rd offense DUI’s are brought by the state, and, depending on the arresting agency (like the Michigan State Police), some 1st offense charges are state cases, as well. Thus, it will ALWAYS be the county prosecutor behind 3rd offense, felony charges.