Client was charged with OVI and aggravated vehicular assault, a felony of the 3rd degree) after he hit a police officer who was directing traffic. He subsequently, tested over the legal limit for marijuana. Client was facing 18-36 months in prison on the felony and up to 6 months on the OVI if convicted. Result: OVI dismissed, aggravated enhancement dismissed and pled to vehicular assault, a felony of the 4th degree. Client was convicted of a prior felony and thus House Bill 86 becomes discretionary as it relates to a presumption of probation. However, after hearing all the mitigating factors and documentation offered up by counsel, the court ordered probation and no jail.