Traverse City Record-Eagle

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May 4, 2010

Soffredine may take impaired plea deal

TRAVERSE CITY — Traverse City police Officer Joseph L. Soffredine is considering a deal in which prosecutors would drop a drunken-driving charge in exchange for a guilty plea to impaired driving.

Grand Traverse County Prosecutor Alan Schneider recently offered Soffredine, 38, a deal that would allow Soffredine to retain his driving privileges — and potentially continue road patrol duty. Schneider last month charged Soffredine with drunken driving, an accusation levied nearly two months after the off-duty officer crashed and burned his SUV early Feb. 7 off Cedar Run Road.

"My client is still considering it," said Clarence Gomery, Soffredine's attorney.

Gomery plans to decide on the offer before jury selection for Soffredine's trial begins on May 25 in 86th District Court.

Michigan Secretary of State officials can restrict a drivers license for 90 days if an individual is convicted of impaired driving. But those convicted of operating while intoxicated are placed on a suspended license for 30 days, along with another 150 days of license restrictions.

An impaired-driving offense is punishable by four points on a driving record, compared to six points for those convicted of operating while intoxicated. And the driver responsibility fees for impaired driving cost $1,000 — half of what operating while intoxicated offenders pay.

Gomery plans to interview two Grand Traverse sheriff's deputies who responded to Soffredine's crash before he accepts or rejects the plea deal. Deputies Robert William Sillers, 29, and Mark Robert Noffke, 25, pleaded guilty on Monday in 86th District Court to neglecting to perform the duties of a public officer when they responded to Soffredine's crash.

Soffredine ran his Dodge Durango off Cedar Run Road in Garfield Township and subsequently burned the vehicle by racing the accelerator in an attempt to free himself. Sillers and Noffke responded at around 3:20 a.m. on Feb. 7, but did not administer field sobriety or preliminary breath tests.

They also failed to cite Soffredine for driving with license plates that expired more than six months earlier.

"At this point, we don't know what the impact will be," Gomery said of the deputies' guilty pleas. "We will evaluate their decision and how it affects our case and the proofs needed to go forward. There's still the underlying charge of burden of proof beyond a reasonable doubt."

Judge Thomas J. Phillips, of 86th District Court, disqualified himself from hearing Soffredine's case because he's "personally biased or prejudiced for or against a party or attorney," court records show. Judge John D. Foresman was assigned to handle the case.

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