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    THE 48th DISTRICT COURT

    Located on Telegraph Road in Bloomfield Township, the 48th District Court serves numerous Oakland County communities such as West Bloomfield, Bloomfield Hills, Bloomfield Township, Birmingham, Keego Harbor, Sylvan Lake, and Orchard Lake.  The 48th District Court is run by three judges, Judge Kimberly Small, Judge Marc Baron, and Judge Diane D’Agostini.  Viewing other Oakland County District Courts, the 48th District is known as a court which carries severe punishments for misdemeanor violations.

    POSSIBLE SENTENCES FOR FIRST OFFENSE DRUNK DRIVING

    You need to be aware that a drunk driving conviction in the 48th District Court has the possibility of a jail sentence.  If you have Judge Small, my experience is that a first offense drinking and driving conviction will result in at least seven days of jail.  If you have a higher blood alcohol level, this sentence could be anywhere up to the maximum of 90 days jail.  Unfortunately, many attorneys simply advise their clients to take pleas to impaired driving when in fact they should be trying their case before a jury.  What do you have to lose if you are going to go to jail, you might as well try and win your case.   Regarding judges Baron and D’Agostini, expect anything from possible jail to extremely heavy probationary periods for any type of first offense driving while drinking convictions.

    POSSIBLE SENTENCES FOR SECOND OFFENSE DRUNK DRIVING

    If you have a second offense drinking and driving in the 48th District Court, you have no reason not to take the case to trial.  You will likely not be offered any deals by the Oakland County Prosecutor, nor will you get any mercy from Judges Baron, Small, and D’Agostini.  No matter how bad you feel the facts are in your Oakland County drunk driving case, there are always defenses.  You need to fight your drunk driving charge, no matter what.

    MOTIONS

    My experience in Motion practice in the 48th District Court is that although the Judges are very tough at sentencing, they also will consider your motions and grant them if they feel that the police violated your rights.  However, the police officers from places like West Bloomfield and Bloomfield Township are highly trained and have dealt with many drunk driving motions in the past.  In order to win, you need to fight with cutting edge motions and a thorough viewing of all the evidence.

    THE 48th DISTRICT COURT JUDGES

    Judges Kim Small, Marc Baron, and Diane D’Agostini are the judges of the 48th District Court.  As previously mentioned, all three judges are very tough at sentencing.  Expect possible jail for any charge.  Further, if a drunk driving probation is violated, you have a high likelihood of going to jail.  Bottom line, if you don’t fight your drunk driving charges in the 48th District Court, you might as well just pack your bags and get ready for your stay in jail.