DUI Cases in the 48th District Court (Bloomfield Hills)
If you have been charged with a DUI in Bloomfield Hills or one of the surrounding communities, your case will be heard in the 48th District Court. This article covers what you need to know about the court — the judges, the court’s character, how DUI cases are typically handled, and what our firm brings to cases here.
What Kind of Court Is the 48th District Court?
The 48th District Court in Bloomfield Hills is one of the more disciplined, by-the-book courts in Metro Detroit. Lawyers who practice here know that these judges run efficient courtrooms. They expect lawyers to be prepared, not to merely show up and improvise.
That discipline cuts both ways. It also means this is a court that follows the evidence. When the proofs in a DUI case don’t hold up, this court will dismiss the charge rather than let a legally unsound case move forward.
This court also moves quickly. Cases here do not linger. That said, moving quickly is not the same as moving carelessly — this court will allow a lawyer the time needed to properly explore the evidence in a case before it expects that case to be resolved.
The Judges of the 48th District Court
Three judges currently sit on the 48th District Court bench: Hon. Diane D’Agostini, Hon. Marc Barron, and Hon. Kimberly Small. All three handle DUI and OWI cases as part of the court’s general criminal docket.
Hon. Diane D’Agostini was elected to the bench in 2000 and has carried every precinct in every election she has run. The Michigan Supreme Court has appointed her Chief Judge of the 48th District Court for four terms. Before taking the bench, she spent nine years as an Oakland County assistant prosecutor. She holds a journalism degree from Wayne State University and a law degree, earned cum laude, from the Detroit College of Law, and she furthered her legal studies at Oxford University in England. Judge D’Agostini has also built youth-focused court education programs, including a program that brings local students into her courtroom to see firsthand how the court works.
Hon. Marc Barron was elected to the bench in 2004. Before that, he spent 12 years as an Oakland County prosecutor, including seven years handling only the most serious felony cases in the county’s Major Crimes unit. He grew up in Oakland County, earned his undergraduate degree from the University of Arizona, and received his law degree from the Washington College of Law, after which he clerked at the U.S. Department of Justice before returning home to practice in Oakland County.
Hon. Kimberly Small holds a bachelor’s degree from the University of Michigan and a law degree from Michigan State University College of Law. Our firm has appeared in front of Judge Small many times over the years, and one thing has been consistent every time: she is a genuinely dedicated judge. She runs an efficient courtroom, but she also takes the time to explain her reasoning in every case. She listens carefully — often repeating back what a person has said when she explains the reasoning behind her decision. She is not the kind of judge who has already made up her mind and is simply checking boxes. She engages in real dialogue with the people in front of her, whether that is the defendant or the lawyer. Whatever the outcome, nobody leaves Judge Small’s courtroom feeling like they weren’t genuinely heard.
Geography and Jurisdiction
The 48th District Court sits at 4280 Telegraph Road in Bloomfield Hills and has jurisdiction over Bloomfield Hills, Birmingham, Bloomfield Township, Keego Harbor, Orchard Lake Village, Sylvan Lake, and West Bloomfield Township. Visit the 48th District Court’s official website for directions, court hours, and case lookup.
How DUI Charges Are Prosecuted at the 48th District Court
First offense DUI cases are usually handled by local city, township, or village attorneys who prosecute ordinance violations. None of the municipalities under the 48th District Court’s jurisdiction maintain an in-house city or township attorney’s office, so they contract with outside law firms to handle this work. Because of this, a first offense DUI charge at the 48th District Court is often prosecuted by a contracted municipal attorney rather than the Oakland County Prosecutor’s Office, depending on what agency handled the arrest.
Second offense and third offense DUI cases at the 48th District Court are always prosecuted by the Oakland County Prosecutor’s Office. There is no exception to this.
Over the decades, our firm has found the municipal attorneys who handle these cases to be genuinely cooperative and flexible. They take the time to seriously review plea bargain requests and any documentation submitted in support of them, and they will discuss evidentiary issues with an open mind rather than simply holding a position for the sake of holding it. Even sitting on the other side of a case, they have proven themselves to be good working partners.
The 48th District Court handles the full range of DUI cases, from a first offense through a second offense, up through the early stages of a third offense felony before it moves to circuit court. Whether a case is prosecuted by a municipal attorney or the Oakland County Prosecutor, the underlying law is the same. DUI and OWI charges in Michigan are governed by MCL 257.625, and the penalties that follow a conviction don’t change based on who happens to be prosecuting the case.
First Offense OWI
In every DUI case, the first goal is to find a way to get the charge dismissed outright. At the 48th District Court, that goal is approached the same way it is everywhere else: by taking a hard look at the evidence — the traffic stop, the field sobriety testing, and the breath or blood test results — to see whether it actually holds up.
If the evidence is too solid to allow for that, the focus shifts to working out the best possible plea bargain and otherwise avoiding as many of the legal penalties and negative consequences as possible. Probation is the most likely outcome in a first offense case at this court. Success in a DUI case is best measured by what does NOT happen to you.
First Offense High BAC
A BAC of .17 or higher triggers Michigan’s High BAC (Super Drunk) enhancement. The enhancement itself carries higher potential fines, a longer potential license sanction, and mandatory ignition interlock on a restricted license — not a mandatory jail term. As with any first offense case, the work starts with the evidence.
Second Offense OWI
A second offense DUI conviction within 7 years of a prior carries a mandatory license revocation, with no restricted driving privileges, for at least one year. Given the penalties involved at the second offense level, a thorough, line-by-line examination of the evidence becomes even more critical — not less. The stakes are exactly why that evidence must be examined closely for any flaw that could change the outcome.
Michigan law gives a second offense court two options at sentencing: jail, or probation with community service. Beyond the mandatory license consequences, what actually happens in any individual case depends heavily on the specific facts and how the case is handled from the outset.
Third Offense OWI
A third DUI offense in Michigan is a felony. The 48th District Court handles the early stages of a felony case — arraignment and the preliminary phases — before it moves to the Oakland County Circuit Court, where it is ultimately resolved. The consequences of a third offense are serious, including the possibility of prison time and a license revocation of up to five years. Anyone facing a third offense charge should move quickly to retain experienced counsel.
Bond Conditions
Bond conditions at the 48th District Court are similar to what is imposed at courts throughout the Detroit area, including a standard order not to consume alcohol while the case is pending. Where this court stands out is in how it backs that order up: regular testing is the norm, and a bond violation — including a missed test, not only a failed one — will bring someone back in front of the court promptly. Treating these conditions seriously from day one is essential.
Probation
Probation in a Michigan DUI case is a virtual certainty, and the 48th District Court is no exception. What can vary is the structure of that probation — whether it is longer or of shorter duration, how often testing is required, and what treatment or education components are ordered. Non-reporting probation is rarely granted, except in cases where someone lives a considerable distance from the court. Thorough preparation before sentencing, not assumptions about what the court might do, is what gives a case the best chance at the most favorable probation terms.
Other Criminal Matters Handled at the 48th District Court
Beyond DUI and OWI, the 48th District Court handles the full range of misdemeanor and felony matters arising in its jurisdiction, including embezzlement cases and charges for driving on a suspended or revoked license (DWLS and DWLR). Suspended and revoked license charges are particularly common in this court’s jurisdiction — Woodward Avenue and Telegraph Road, two of the busiest thoroughfares in Metro Detroit, both run directly through it, and the sheer volume of traffic on those roads means license-related stops happen often.
How Our Firm Approaches Cases at the 48th District Court
Our firm has had a lot of success at the 48th District Court, including dismissals achieved by challenging the prosecution’s evidence. A DUI case at this court isn’t won by hoping the judge takes it easy. It’s won by knowing exactly what the police reports, the chemical test results, and the arrest itself can and can’t support, and then holding the prosecution to its burden.
Because this is a court that respects a well-prepared challenge to the evidence, going in with a vague defense, or no defense at all, is the worst way to approach a case here. My team and I know what this court expects, and we build every 48th District Court case with that in mind.
Charged With a DUI in Bloomfield Hills?
Our firm offers free confidential phone consultations, Monday through Friday, 8:30 AM to 5 PM, at 586-465-1980. An after-hours answering service is available, and you can also reach us through the contact form or chat box on our website.
Learn more about our DUI/OWI defense practice.
