The defendant was charged with felony driving under the influence of intoxicants (DUII) and driving while suspended (DWS). The charges arose out of an incident where the defendant was pulled over for speeding and a DUII investigation was conducted. The defendant was arrested and charged with the above counts. The defendant pled guilty to felony DUII and sentenced to state prison for 19 months.
"Not all cases end happy and this is one such case. There were no factual disputes in this case. This was my client's 4th DUII and as such risked 19-24 months (up to 48 months possibly considering other factors). After discussions with the DA we were able to get the DA to agree to open sentencing. In this case what that meant was that if my client pled guilty the DA would agree to only ask the judge to impose 19 months prison while we were free to argue for the judge to give him a grant of probation (even though the law says he should go to prison for the minimum 19 months). So we gave it our best shot (which is the only shot my client had) at sentencing. At a contested sentencing hearing we produced evidence and witnesses in hopes the judge would find a reason to grant him probation instead of sentence him to state prison. However, the judge did not rule in our favor and my client was sentenced to state prison for 19 months (the minimum the law allowed). Sometimes, despite our best efforts things don't go our way. However, 19 months is better than 24 or 48 months, which were other possibilities."
Josephine County, Oregon
Actual Case Summaries
Be advised that I never promise a client a particular outcome, details of prior cases should not be taken as an indication that other clients will necessarily see the same results.