Articles Posted in DUI Defense

A Michigan bill has been introduced that would lower the BAC for OUIL’s from .08 to .05 which would make Michigan and Utah the only two states in our country to have such a strict standard. The National Transportation Safety Board made this recommendation in 2013 and have publicly stated that such a reduction would lower fatalities by 11%. To gain insight on how this would affect the state of Michigan, we spoke to top criminal defense attorneys in our state to gather their point of view.

Scott Grabel is the founder of Grabel and Associates and has built a team that is known as the top criminal defense firm in the state of Michigan. When asked about the potential bill, Grabel was quoted as saying, “This is a bill that is being pushed hard by State Rep. Abdullah Hammoud with the goal of protecting families. In Lansing, this would change the culture that we currently are living in as many people know what their limits are under the current law. With the potential change, it would alter how people socialize and spend their money. The safest thing to do is not to drink and drive under any circumstances but this new bill will create a tremendous influx of criminal prosecutions, and for those defendants’ with prior convictions, it could certainly lead to more incarcerations.”

William Amadeo is a Senior Associate at Grabel and Associates and a partner at Ann Arbor Legal in Ann Arbor, Michigan. Amadeo had quickly developed a reputation as a top criminal attorney throughout the state of Michigan but provided commentary directed at his home county when he said, “In Washtenaw County, there have been much traffic stops for “Impaired Driving” and the problem with the impaired statute is how vague it is. One could be tired and charged with impaired. If a comparison study of how Utah law is being applied to how Michigan legislation may be conducted, we are going to see OUIL’s and “Impaired Driving” prosecutions reach an all-time high in our state and a county such as Washtenaw is going to have a logjam in the District Court. As litigators, we need to be prepared for what is on the horizon.”

Recently, a 23-year-old woman passed away due to injuries she suffered as a passenger in a vehicle involved in a three-car accident. According to news reports, Thomas Walters of Virginia Beach did not stop at an intersection, which resulted in a rear-end collision. He is now facing criminal charges including driving under the influence.

Penalties for DUI that results in the death of another person differ from state to state, however in Michigan those charged with DUI causing death may face up to 15 years behind bars along with possible fines of up to $10,000. Restitution and vehicle forfeiture or immobilization are also possible, and prosecutors may determine the offender should face murder charges. This is an extremely serious situation for anyone facing such charges; the consequences are life-changing.

When facing serious criminal charges including those involving DUI, it’s critical to obtain the legal guidance and support of an attorney who is fully dedicated to his or her client, and most importantly securing the best possible result. Unfortunately, many criminal defense law firms focus more on building a sizeable client base than providing outstanding legal guidance. Our firm focuses heavily on skilled representation for those charged with various drunk driving offenses including those that result in the injury or death of someone else as well as repeat offenders or individuals charged with “Super Drunk” offenses.

What began as a dispute between neighbors over loud music resulted in the Michigan Court of Appeals ruling that it is not illegal to operate a vehicle in your own driveway after drinking too much.

According to a report at Michigan Public Radio Network, a man was charged with OWI after a neighbor called police repeatedly because of loud music. Apparently, the man who had consumed a substantial amount of liquor was sitting in his car in his own driveway, listening to music. When police arrived, an officer witnessed the man back his vehicle out of the garage, then drive it back in.

Because he never left his driveway, the defendant argued there was no crime committed. In a two-to-one decision, the Michigan Court of Appeals agreed, finding the charge was not supportable as that specific area of the driveway was not generally accessible to other vehicles or the public.

Recently, 51-year-old Lisa Jacobs, a prosecutor with the Miami-Dade State Attorney’s Office, resigned her position after being arrested for DUI and leaving the scene of an accident.

According to a news report at CBS Miami, Jacobs had been a prosecutor with the office for 18 years. At the time of the incident which occurred on I-95 near the Hallandale Beach Blvd. exit, Jacobs’s children, ages 10 and 14, were in the vehicle with her.

A Florida Highway Patrol trooper said that Jacobs had slurred speech, bloodshot eyes, and was unable to maintain her balance. Jacobs admitted that while at the Outback Steakhouse, she had three glasses of wine before leaving to pick her children up from Cooper City.

On April 3, Debra Gately, Principal at Dedham Middle School was arrested at approximately 12:45 a.m. by Weston police for driving while intoxicated. According to news reports, Gately’s blood alcohol content at the time of her arrest was .19 percent, more than twice the legal limit of .08 percent. Gately, who is 44 years old, submitted to a chemical breath test and field sobriety tests, which she failed. She has pleaded not guilty to the charge.

Gately admitted to Weston Officer Robert Powell that she had consumed three vodka drinks. Powell said that Gately’s speech was significantly slurred, her eyes glassy, red, and bloodshot, and that her breath smelled strongly of alcohol.

Gately, who was selected by the Massachusetts Secondary School Administrators Association as middle school principal of the year for 2015, has been placed on administrative leave as the investigation continues. She was spotted by a Waltham police officer who claimed Gately was driving erratically on I-95 before pulling off the interstate into the parking lot of a day care center. The officer, who said she nearly crashed four times, followed Gately and took her car keys before Weston police arrived on the scene.

On Friday, April 1, an 18-year-old man was charged with one count each of DUI, possession of a forged instrument, reckless driving, and two counts of vehicular homicide after a crash on Colorado Boulevard resulted in the deaths of two women.

Taden Jones was reportedly crashed into another vehicle just after 3:30 p.m. on Friday as he was driving in the area of South Colorado Boulevard and East Peakview Circle in Centennial. Two women were inside the vehicle Jones crashed with, one of them ejected from the vehicle who died at the scene. The other woman was injured and taken to a hospital, where she later succumbed to her injuries.

Jones and a passenger in his vehicle were not injured. Jones was arrested and booked at the Arapahoe County Detention Facility, his bond set at $50,000.