DUI Defense

September 15, 2014

Deadly Wrong-way Crash Near Grand Rapids Caused by Drunk Driver According to MSP

On Sunday morning September 14, one person was killed in a deadly wrong-way crash on I-96, according to Wood TV. The accident occurred at about 3 in the morning when a woman driving a minivan was going east in the westbound lanes of the interstate. Although the woman’s name was not released, police say she is from Grand Rapids and in her 40s. The only person in the vehicle she struck was killed.

Michigan State Police claim that the woman was drunk; she was also injured in the crash and pulled from her vehicle by another motorist who stopped at the scene of the crash, according to Sgt. Brian Keely. After the impact, both vehicles caught on fire. Her condition was not known as of last news reports.

According to Fox 17, this was the seventh wrong-way crash on west Michigan highways this year. Michigan State Police find this “trend” both disturbing and troubling, and don’t really know why there have been so many wrong-way accidents. In this case, it is likely the fact that the unnamed woman was intoxicated that resulted in her driving in the wrong direction on the interstate.

News reports do not indicate what charges the woman may face if she lives, however Michigan DUI attorneys know that driving under the influence causing death is extremely serious. If charged with OUIL (operating under the influence of liquor) causing death, the woman may face criminal penalties that include up to 15 years in prison.

Even when no accident occurs, DUI is a serious charge. Even first-time offenders may face jail time, steep fines, driver’s license suspension, community service, and more. A subsequent offense will result in even harsher penalties. A third DUI is a felony offense, and will result in increased jail time, license revocation, vehicle immobilization, and other penalties.

September 10, 2014

Sobriety Courts Expanding Across Michigan, One Option for DUI Offenders

by Scott Grabel

While sobriety court is already an option for DUI offenders in the Ann Arbor area, recent news reports indicate that this popular court program will soon be available in Wexford County in northern Michigan. The purpose of sobriety courts is to give the offender an opportunity to rehabilitate, rather than punish him or her with jail time, substantial fines, etc. However, sobriety court is not easy, and in fact is quite intensive, designed not only to keep intoxicated drivers off the road, but to change the offender’s behavior.

According to a recent article at Upnorthlive.com, one judge gives sobriety courts great praise, calling it a program that works. Judge Mike Haley, who has headed sobriety courts in several northern counties over the past 13 years, says that the data shows that of the thousand or so individuals who have gone through sobriety court in past years, the rate of repeat offenders is down substantially.

Michigan DUI attorneys know that the eligibility requirements to participate in sobriety court vary across the state. In some counties, a first time offender may participate; in others, only second or third time offenders may participate. It is important for offenders to know before choosing this sentencing alternative that this type of program is rigorous. Depending on the county, individuals who participate may be required to breath test on a daily basis, have an ignition interlock device installed on their vehicle, attend counseling and/or AA meetings on a daily basis, and be subject to home visits and alcohol searches by probation officers.

Sobriety courts are tough not only on the offender, but on the entire family. This is particularly true in cases where the defendant drives the same vehicle as other members of the family, who must blow into the interlock device in order to start the vehicle. Ultimately, if anyone else in the family causes the device to register alcohol, the defendant may be found liable, which could result in the judge imposing jail time. There are numerous drawbacks to the program, but many benefits as well.

September 8, 2014

Ohio Judge Known for Holding DUI Trials at High School Arrested for DUI

by Scott Grabel

On the evening of September 7, an Ohio judge was arrested for operating a motor vehicle while under the influence of alcohol or drugs, and leaving the scene of an accident. 60-year-old Dean L. Wilson, a Perry County judge in Columbus, was driving a loaner car (a 2014 Mercedes-Benz) when he struck a COTA bus while changing lanes at approximately 9:30 on Sunday evening. He then sped away, according to a news report at the Columbus Dispatch.

Police claim that Wilson was driving under the influence, although he is widely known for holding DUI trials at the New Lexington High School every year to warn teens of the dangers of driving while under the influence of alcohol. A passenger on the COTA bus said that Wilson did not sideswipe the bus, but crashed directly into it before backing up and fleeing the scene.

After the accident was reported, Wilson was apprehended by a Columbus Police helicopter that went in search for the black Mercedes. He was found about 12 miles away. Wilson refused to submit to field sobriety tests and a breathalyzer test. His driver’s license was suspended at the scene.

Michigan DUI attorneys know even individuals who are upstanding citizens and looked up to by the community make mistakes. Anyone who drinks alcohol even only on occasion has likely gotten behind the wheel of a vehicle at one point in their life. We do not condone driving while under the influence of alcohol, however we do provide legal support and guidance for those who find themselves in an unfortunate situation.

September 3, 2014

Atlanta Police Supervisor Refuses Field Sobriety Test, Jailed on Suspicion of DUI

by Scott Grabel

Late last month, Robert Joseph Albertini was stopped by a Cobb County officer who spotted the Atlanta Police supervisor weaving back and forth over a double yellow line. The supervisor, Robert Joseph Albertini, refused to submit to a field sobriety test and was arrested on suspicion of drunk driving. He was taken to the Cobb County Jail.

According to a Fox Atlanta news article, the incident took place on a road in Kennesaw. Chief George Turner placed Albertini on suspension and said that before making a decision on the offer’s future, an administrative hearing will be conducted.

In the state of Michigan, field sobriety tests are voluntary, which means that the individual who is suspected of driving while under the influence has the option of taking the test, or refusing it. Most Michigan DUI lawyers would recommend that motorists refuse this test, which is highly subjective. The tests administered in a field sobriety test in Michigan include the one-leg stand, the walk and turn, and the penlight (horizontal nystagmus) test. Unfortunately, how well you perform on these tests is left up to the police officer, who may decide that you did not meet up to his or her expectations. This could result in a drunk driving charge.

It is difficult for many sober people to stand on one leg, let alone someone who may be on prescription medication or suffer from a medical condition that affects their stability. Ultimately, field sobriety tests rely not on scientific evidence, but the subjective opinion of the officer administering the test.

This story proves that anyone can be arrested for DUI, even police officers. The Atlanta police officer was weaving back and forth across double yellow lines, but does that mean he was intoxicated? While he may have been, it could also be a case of fatigue, or distraction if he was perhaps texting, talking on a cell phone, or doing one of the dozens of things people do while they are driving that they should not be doing.

September 1, 2014

DUI Campaigns Over Labor Day Weekend Tough on Drunk Drivers

by Scott Grabel

Holiday weekends are when law enforcement pull out all the stops, so to speak, in their efforts to crack down on drunk or impaired driving. This past holiday weekend was no different, with a few cities and states participating over the Labor Day weekend in “no refusal” checkpoints. These checkpoints were set up in Houston, TX, and throughout Tennessee according to news reports.

Houston’s KHOU.com indicated that the no refusal program began at 10 p.m. on Friday, and ran until Labor Day morning. A family who lost four of their loved ones to a drunk driver earlier this summer joined in the drunk driving campaign. The Patels were returning from West Houston where they had been to their Hindu temple when their vehicle was broadsided by a driver who was allegedly drunk. Depali Patel, who was in the crash, lost four loved ones including both her parents. She said that life would never be the same.

The no refusal checkpoints have judges, prosecutors, and health care workers all in one location so that blood can be drawn from DUI suspects while police get back to the work of checking for those who may be driving while under the influence of drugs or alcohol. According to news articles, the Labor Day 2013 weekend brought about double the DUI arrests of a typical weekend. 205 people were arrested in Houston last Labor Day on suspicion of driving while under the influence.

Michigan DUI attorneys know the serious consequences individuals face when arrested for driving under the influence. On its own, a DUI conviction can bring about criminal penalties that include jail time, suspended driver’s license, steep fines, community service, and more. However, when someone is accused of DUI causing great bodily harm or death, it becomes far more serious.

August 27, 2014

Hartford Man Faces Felony ‘Super-drunk’ Driving Charges After Crashing into Ditch

by Scott Grabel

On Sunday, August 24, 31-year-old Juan Benavidez of Hartford was arrested for driving while under the influence after he crashed his vehicle into a ditch, according to news reports at Mlive.com. The accident took place near CR 681 on 72nd Avenue at approximately 3:20 in the afternoon. An off-duty Hartford police officer called the accident in, and deputies were dispatched to the scene.

No other vehicles were involved in the crash, and Benavidez was the only person in his vehicle. A release issued by the Van Buren County Sheriff’s Office stated that Benavidez was traveling at a high rate of speed in a southbound direction when he attempted to turn east on 72nd Avenue and ended up in a ditch on the north side.

News reports indicate that Benavidez’s blood alcohol level upon being administered a breathalyzer test was more than three times the state’s legal limit of .08 percent. In Michigan, anyone with a blood alcohol content (BAC) of higher than .17 may be charged with “super drunk” driving. In addition, because it was the defendant’s third OWI offense, he may face felony charges as a third OWI in Michigan is a felony. The criminal penalties for a super drunk offense are harsh, and include driver’s license suspension for 45 days followed by 320 days of restricted driving, up to 180 days in jail, fines, and more.

Individuals who are convicted of a third DUI offense (a felony in Michigan) may face penalties that include up to five years in prison, driver’s license revocation, and possible vehicle immobilization, along with other penalties.

Benavidez was cited not only for DUI but for not having car insurance and driving on a suspended license.

A DUI conviction will have a serious negative impact on your life. Not only will you have a criminal record and possibly lose your freedom for a time if put in jail, your reputation and career may be tarnished. Having your driver’s license suspended or revoked is one of the most serious penalties, as it is nearly impossible to live a normal life when your privilege to drive is taken away.

August 25, 2014

Late Summer DUI Campaign Nets 187 Arrests in Six Days in One California County

by Scott Grabel

In a campaign to crack down on drunk driving that began on August 15, police agencies around Riverside County in California arrested 187 people for suspicion of DUI over a six-day time span, according to a news article at the Patch. This campaign, named the Riverside County Avoid the 30 due to the fact that 30 police agencies were involved, is a late-summer kick off of the campaign which will continue through the Labor Day weekend.

The news article states that beginning on Friday the 15th through Wednesday evening, sobriety checkpoints and saturation patrols were set up at a number of locations throughout the county. While the number of arrests seems high, Riverside police Sgt. Robert Tipre, coordinator of the Avoid campaign, said that the number was slightly down from the 234 individuals arrested during the same time period in 2013. Thankfully, out of the 187 arrested last week, there were no fatal car accidents related to alcohol.

September 1st is Labor Day, and between now and then there will be sobriety checkpoints throughout the country as various law enforcement agencies participate in the Driver Sober or Get Pulled Over national DUI campaign. The Avoid campaign in California is part of this campaign in which law enforcement agencies hope to increase awareness about the dangers of drunk driving, and catch those who are breaking the law.

Driving while under the influence of alcohol is a problem across the nation, including here in Michigan. Most people who get behind the wheel believe they are perfectly capable of driving in a safe manner. Most people do make it safely to their destination, however when an accident occurs that results in injury or even death, it is tragic.

Even when you are not involved in an accident, having the police pull you over on suspicion of driving under the influence is not pleasant – and if arrested and charged, you could face jail time, steep fines, suspension of your driver’s license, community service, and a permanent criminal record.

August 20, 2014

Woman Arrested in Muskegon for Allegedly Driving Drunk with Four Children in Vehicle

by Scott Grabel

On Monday, August 18, a 32-year-old woman whose name has not yet been released was arrested for allegedly driving while intoxicated with her four children in the car with her, according to news reports at Fox 17 and Mlive.com. This is the woman’s second drunk driving offense; she was convicted of DUI in 2002.

According to Muskegon County Chief Assistant Prosecutor Timothy Maat, the woman’s name could not be released until a warrant is signed and she is arraigned on the charges. Maat also said that the incident occurred just before 2 a.m. on Monday when the woman was pulled over on suspicion of drunken driving in the area of Getty Street and Ada Avenue. The woman’s blood alcohol level was not revealed in news reports.

The woman was charged with one count of drunk driving with an occupant under 16 years of age (child endangerment), and was lodged in the Muskegon County Jail as of last reports. In addition, the children were put in the care of their grandmother while Child Protective Services investigates the matter.

In the state of Michigan, anyone who operates a motor vehicle in an impaired or intoxicated state while having a passenger or passengers in the car younger than 16 may face child endangerment charges. Not only may the defendant be labeled for a lifetime when found guilty of child endangerment, the criminal penalties even for a first offense are severe. If convicted, the woman in this case could face up to one year in jail, fines of up to $1,000 plus court costs, possible vehicle immobilization, a driver’s license suspension for 90 days followed by 90 days of restricted driving.

Michigan DUI attorneys know the seriousness of being charged with driving under the influence of alcohol or drugs, regardless of whether minor children are passengers in the vehicle. While an adult should never drive while under the influence to begin with, he/she should certainly not put the lives of children in danger. However, people do make mistakes every day, and may have a lapse in judgment. Thankfully, the children are safe and no one was injured in this situation.

August 18, 2014

Clear Example of Why People Should Not Drive After Having Consumed Alcohol

by Scott Grabel

Most people who choose to drive in an intoxicated state (even though they probably don’t think they are intoxicated) believe they are perfectly alert and capable. Even a couple of alcoholic drinks can impair your ability to think clearly and react swiftly. Most individuals believe they are “fine” to drive, that they will not get caught, everything will be okay. While that may be true in most cases, here is one recent example of what can happen when you choose to drive while drunk.

On Saturday, August 16, a Hampton Bays man was arrested in the early morning hours after police pulled him over for a traffic infraction – one of his headlights was not operating. This led to the man, 23-year-old Jack Formica, being arrested and charged with drunk driving. He was taken to the Southampton police headquarters where he would be held until his arraignment.

Did Formica know the headlight was out? Maybe not. Still, regardless of the condition of your vehicle or whether it is in good working order, you should never get behind the wheel whether you believe you are intoxicated or not. What would happen if you became involved in an accident that was not your fault, for example if you were rear-ended at a stoplight? Police would detect the odor of alcohol or notice red eyes, slurring, or other indicators of intoxication, and you would likely be charged with DUI.

If this had happened in Michigan, the offender would be facing serious consequences if found guilty of driving while under the influence, even if it was his first offense. Jail time, steep fines, and driver’s license suspension are a few of the penalties individuals face when convicted of DUI in Michigan. With each subsequent offense, the criminal penalties become harsher; in fact, a third offense is a felony, and will result in driver’s license revocation.

August 12, 2014

Father and Two Sons in Vermont Arrested on Suspicion of DUI Following Rollover Accident

by Scott Grabel

Recently, a father and two sons were arrested in Fletcher, VT after one of the sons was involved in a single-vehicle rollover that left him with injuries.

According to WPTZ News Channel 5, 22-year-old Joshua B. Woodward’s vehicle rolled on Cambridge Road near Metcalf Pond Road in Fletcher. Woodward was hospitalized, however after his release he was charged with his second DUI. Police said that he was operating under the influence, and that a preliminary breath test indicated his blood alcohol level was three times over the legal limit. It was also discovered that his driver’s license had been criminally suspended.

Woodward’s father, Brian, and his brother, Nicholas, were also arrested for DUI after attempting to drive up to the scene of the accident to check on Joshua. Initially, 19-year-old Nicholas drove up to see how his brother was when police noticed he was under the influence. While police were administering a breath test and arresting Nicholas for DUI, Brian got behind the wheel to get closer to the scene of the wreckage; this is when police noticed that he, too, appeared to be impaired. He was ordered by police to stop the vehicle, at which point he as given a breath test which indicated his blood alcohol content was also three times over the legal limit.

Nicholas’s DUI arrest was his second in two weeks, according to news reports. All three men were scheduled to appear on the charges in Franklin District Court.

While this is somewhat of a bizarre story, driving while under the influence of alcohol is a very serious problem across the country. In Michigan, driving with a blood alcohol level of more than twice the legal limit of .08 percent can lead to “super drunk” charges. At .17 percent, an individual is considered to be Super Drunk and may face charges for a high BAC (blood alcohol content) offense. In this situation, the individual will face enhanced criminal penalties if convicted.

A Super Drunk conviction will results in penalties that include up to 180 days in jail, possible community service, fines of up to $700, driver’s license suspension for 45 days, followed by 320 days of restricted driving, and more. If it is a second or third DUI offense, the consequences become even more serious.