That’s right. A felony DUI offender had his 4th DUI charge reduced to a Misdemeanor and was only ordered to serve 10 days in jail! This past week Jason Schatz secured this amazing result for a client in State v. AF. AF was arrested for his 4th DUI in the last 5 years after an off-duty officer attempted to stop him from driving away from the parking lot at a local bar after the officer observed him inside and believed he was intoxicated. The officer claimed that he attempted to get AF to stop but that AF attempted to hit him with his truck. AF was charged with Aggravated Assault on Police Officer and Felony DUI. Upon investigating the incident, it appeared that the off-duty officer may have been upset at the Defendant for talking to a girl inside the bar. Schatz attempted to force the officer to appear in person to be questioned about the incident by setting a preliminary hearing, but the officer failed or refused to appear at the preliminary hearing on multiple occasions, and the Aggravated Assault Against Officer charges was dismissed. Schatz then got the Defendant enrolled in an intensive outpatient treatment program while they continued to negotiate a resolution to the DUI charge. There were not a lot of good defenses to the DUI charge, as it was investigated by an uninterested UHP Trooper who did a good job during the investigation, as shown on the officer’s patrol car video, and the Defendant’s BAC was well over the legal limit. Nonetheless, Schatz was able to convince the prosecutor to agree to reduce the charge to a Class A Misdemeanor at sentencing if the Defendant successfully completed the Intensive Outpatient Program at the First Step House. After several months of continuing the case so the Defendant could comply with the agreement, AF did successfully complete the IOP program. At sentencing last Friday the Judge not only agreed to reduce the conviction from a 3rd Degree Felony to a Class A Misdemeanor, but the Judge also ignored Adult Probation and Parole’s recommendation for 180 days in jail and sentenced AF to ONLY 10 DAYS JAIL!!! and placed him on probation for only one year! It goes to show that even if you do not have good legal defenses to a case, creative negotiating and client participation in presentencing treatment can have a tremendous and positive impact on the final outcome of a case.