Jul 19

Third Felony DWI Client Gets Dispositional Departure (2017)

Third Felony DWI Client Gets Dispositional Departure (2017)

Our client was charged with his third felony DWI and was facing a presumptive commitment to prison for 79 months. Elizabeth and Ryan wrote a detailed 18-page sentencing memorandum, included numerous sources of mitigating information, and presented a witness from a treatment program at sentencing. The prosecutor requested the executed prison sentence and Ryan and Elizabeth sought a dispositional departure for time served and release to treatment. The judge granted Ryan’s motion, stayed the 79-month executed sentence (meaning the client did not have to serve prison time), and released the client to treatment. A very rare result indeed.