Articles Posted in DUI Defense

On January 23, a man pulled out of a parking lot at the Falcon Inn Motel on Michigan Avenue in Dearborn; he exited the parking lot without signaling, pulling onto Cambridge Street in a 2004 Ford cutaway van, according to a news article at Pressandguide.com. An officer who saw the 25-year-old man exit the parking lot ran the license plate and the information returned “no title information on computer.” The officer then proceeded to pull the man over.

The driver, from Detroit, told the police officer that his brother had bought the work van recently, however he could not produce documents proving the purchase. The officer eventually learned that the man’s driver’s license was suspended, but that wasn’t the end of it. His license had been suspended six times previously, and he was wanted in Dearborn, Highland Park, Wyandotte, and Macomb County Circuit Court on five warrants for driving on a suspended license.

The man’s brother showed up in a 2004 Mazda 3 as the police officer and the van driver were sitting in the officer’s patrol car waiting on a tow truck. He wanted to know what was going on, and became argumentative with the police officer who requested two times that he leave the scene. He was arrested as well.

When additional officers responded to the scene, it was found that the license plate on the Mazda was registered to another vehicle. Officers also found a replica handgun under the driver’s seat of the Mazda. In the end, the two brothers’ vehicles were impounded, and both went to jail. The man driving the Ford van was arrested for improper license plate, driving without proof of registration or insurance, and driving without a valid license.

As is evidenced by the story above, driving on a suspended license is never a good idea. Michigan driver’s license restoration attorneys understand that there are instances when an individual feels he or she must drive, regardless of drivers license status, such as in the case of an emergency. Having your license suspended or revoked truly creates a hardship; most people take the privilege to drive for granted, never realizing how important having the right to drive is until that right is taken away.

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Recently a 25-year-old man was arrested for drunk driving when police approached a vehicle in a Sunoco parking lot. The man, who was sitting in his 2014 Chevrolet Cruze, had his head lying on his arm inside the vehicle. The man was arrested for DUI, although news reports do not reveal any information regarding whether a breath test or field sobriety tests were administered.

When asked by police why he was intoxicated, the man said that he was upset over the loss of a Michigan football game and had drank too much. Apparently the young man is a diehard football fan; still, the loss of a game is no excuse to get behind the wheel of a vehicle when in an intoxicated state.

This story highlights two important issues. First, you do not have to be physically driving a vehicle on the roadways to be arrested for drunk driving in Michigan. As long as you are in control of your vehicle, you may be arrested and charged with DUI. For instance, if you are sitting in the driver’s seat while pulled over in a parking lot or on the side of the road with the keys in the ignition (the engine does not have to be running), you may still be accused of drunk driving.

It seems that the young man in this situation was happy to talk to police, another mistake commonly made by individuals who are suspected of drunk driving. Anyone who is arrested should not answer police questions or freely give information without the presence of his or her DUI defense lawyer. Under the U.S. Constitution, those arrested for any criminal offense have a right not to incriminate themselves by answering questions. Politely give information such as your name and address to police, then say nothing else without first speaking to an attorney.

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Earlier this month, a Pittsfield Township accident involving two vehicles resulted in the arrest of a 28-year-old Ann Arbor man for drunk driving. According to news reports at Mlive.com, the crash took place at approximately 12:30 a.m. in the area of Washtenaw and Foster Avenues. Upon arriving at the scene, police found the at-fault driver pinned in his vehicle. He was transported to an area hospital after being extricated from the vehicle.

The driver of the second vehicle was also taken to the hospital, although reports indicate neither driver suffered serious or life-threatening injuries. Police said only that alcohol appeared to be a factor in the crash, but gave no explanation as to how or why they came to this conclusion.

Considering that the driver who was allegedly at-fault had to be extricated from his vehicle, many questions remain. It’s almost a certainty that field sobriety tests were not performed, but what about a breath test? Was blood taken at the hospital, which indicated the driver’s blood alcohol content was higher than Michigan’s legal limit of 0.08%?

No doubt people who read the news often wonder how authorities come to the conclusions that they do. Unfortunately, even though an arrest does not indicate guilt or mean that the man in this case will be convicted, people often come to that conclusion. The man who has been blamed in this incident not only has to deal with injuries, but the public perception that he is a negligent individual who decided to get behind the wheel of a vehicle and put his own safety and others’ in jeopardy.

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Early on Saturday morning February 1 a crash occurred in Pittsfield Township involving two vehicles, according to news reports at Mlive.com. Following the crash which took place near Foster Avenue on Washtenaw Avenue, a 28-year-old Ann Arbor man was arrested for drunken driving.

While the man who was unnamed in news reports was not injured, he had to be extricated from the vehicle. He was transported to the hospital with non life-threatening injuries, as was the driver of the other vehicle involved. Police say that alcohol appeared to play a role in the crash.

Both drivers were transported to St. Joseph Mercy Hospital, one said to be in stable condition, the other in unstable condition according to the ambulance service.

Alcohol is a factor in many serious automobile crashes; luckily, no one was seriously injured or killed in this incident. News reports do not indicate the blood alcohol content of the man accused of drunk driving, or whether it is a first offense. Those who are convicted of DUI in Michigan face serious criminal penalties which may include jail time, substantial fines, community service, driver’s license suspension, and more. When an individual is convicted of a third drunk driving offense, he or she may face license revocation for up to 5 years.

While no one wants to face jail time or steep fines, having your driver’s license suspended or revoked can create serious hardships and difficulty in your daily life. Most people never realize how essential having the privilege to drive is to their lives until they can no longer legally drive. When someone has their license revoked, getting it back even after the revocation period has lapsed is not always easy.

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One week ago, 49-year-old Bernadette Elizabeth Smith was found guilty by a six-person jury of two counts of a moving violation causing serious impairment of body function. Smith was involved in a July 2013 crash in Byron Township that left a young boy and his stepmother seriously injured, according to news reports at Mlive.com. Smith is now facing 93 days in jail and revocation of her driver’s license for one year.

The news report indicates that Smith was attempting to enter a driveway on Wilson Avenue in the Kia she was driving and struck another vehicle which was traveling south. The Hyundai she struck was carrying two California residents, April Johnson and her 10-year-old stepson. Both were seriously injured and transported to Spectrum Health Butterworth Hospital.

Smith was offered a plea deal by prosecutors in October, but declined. Prosecutors offered to dismiss one of the two counts of moving violation causing serious impairment of a body function if Smith would plead guilty or no contest to one count including both victims. This would likely have kept Smith out of jail, however she would still have had her driver’s license revoked for one year.

This incident highlights how easy it is to lose your driving privilege. Michigan driver’s license reinstatement attorneys know that accidents happen unexpectedly. In the blink of an eye, you can find yourself without a valid driver’s license. Until you lose it, most do not realize how vital having the privilege to drive is to the functioning of our everyday lives.

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On the afternoon of Saturday January 18, a man driving a semi-truck was arrested in Van Buren County for driving recklessly after several motorists called in to report his erratic driving behavior, according to a news article at Mlive.com. The man, whose name was not released, told police that he did not stop although he was exhausted because he had deadlines to meet. He admitted that his tiredness was affecting his driving.

15 separate 911 calls were received by Kalamazoo County Central Dispatch regarding the truck driver’s erratic driving according to the Van Buren County Sheriff’s Office. The man was driving in the area of the Galesburg Exit on I-94 in a westbound direction and upon reaching Van Buren County, prompted additional calls to the Central Dispatch Authority of Van Buren County. The driver of the semi-truck was pulled over by an officer at approximately 3 p.m. after the officer witnessed the man’s erratic driving; he was arrested for reckless driving.

The deputy viewed a four-minute long video which was captured by the passenger of a vehicle the semi-truck nearly struck according to police; the video revealed even more erratic driving behavior. The driver of the semi-truck was taken to jail, and his truck removed from the roadway.

Reckless driving is a misdemeanor criminal offense in the state of Michigan. The penalties for a conviction are harsh, and may include a fine of up to $500, up to 93 days in jail, points assigned to your driving record, and a 90 day hard suspension of your driver’s license, followed by a period of restricted driving.

Michigan drivers license reinstatement attorneys understand the hardship losing your driving privilege creates. In today’s society, it is virtually impossible to live normally when you cannot drive, and extremely inconvenient. However, there are situations in which a charge of reckless driving may be reduced to a civil infraction, thereby reducing penalties. It is important that those charged with reckless driving do not go to court and plead guilty without first consulting a lawyer.

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Just after midnight New Year’s eve, a 27-year-old Ypsilanti woman was pulled over in Pittsfield Township in the parking lot of a Steak ‘n Shake after police were called to the restaurant by employees who said she was acting “disorderly,” according to a news article at Mlive.com. The woman had ordered food at the drive-thru window and left before police arrived, according to Pittsfield Police Department Sgt. Hank Fusik.

Fusik said that the woman returned to the restaurant approximately 20 minutes later and again went through the drive-thru. An officer showed up at the scene and approached the woman’s vehicle. The officer claims that her vehicle was running, and that there was an open bottle of liquor in her lap.

According to Fusik, chemical tests revealed that the woman was driving with a BAC (blood alcohol content) of .17 percent, more than twice the legal limit of .08 percent in Michigan. This is known as “super drunk,” or a high BAC offense which leaves the defendant facing harsher penalties. The woman failed both chemical and field sobriety tests, according to the article. She was taken to the Washtenaw County Jail following her arrest.

In Michigan, a charge of “super drunk” leaves the defendant facing penalties which are often double those of what an individual charged with DUI and having a BAC of .08 would face if found guilty. For example, a regular DUI charge would leave a first-time offender facing a 30 day suspension of his or her driver’s license followed by 150 days of restriction. With a super drunk conviction, this time increases to one year, with restricted driving a possibility after 45 days, although the driver will be required to use an IID (ignition interlock device) in any vehicle he or she attempts to operate.

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Recently, a man was pulled over by Dearborn police after it was noticed he was driving on a flat tire. Upon stopping the driver of the 1998 Dodge Ram, it was discovered he was driving a vehicle with stolen license plates, and that his driver’s license was suspended.

The incident took place on the afternoon of December 17, when an officer pulled the driver over in an area close to Fairlane Mall at Town Center Drive and Northwood. After running a check of the license plate with the Law Enforcement Information Network, it was determined the plate was stolen, and belonged to a Ford pickup truck. The driver later admitted that the license plate had been stolen from a neighbor’s vehicle because his son wanted to drive the truck. The man’s son was not present when police pulled the driver over. He also admitted his driver’s license had been suspended after initially telling the officer he did not have his license with him.

The driver was arrested for possessing stolen property and driving on a suspended license; the truck was impounded.

Michigan driver’s license reinstatement attorneys know that driving on a suspended license is not uncommon. Many individuals whose licenses have been suspended take chances, believing they won’t get caught. Many do not get caught, however it is a huge risk to take considering the possible consequences.

Driving is a necessity in today’s society. Not having the privilege to drive creates a substantial hardship; most of us take our right to drive for granted, jumping in the car any time we need to run to the store, pick the kids up from school, sports practice, or a friend’s house, or simply to go for a weekend drive. When your license is suspended, you do not have this privilege. The thought that you can drive to your destination without getting caught is indeed enticing.

What happens if you are caught driving on a suspended license? If it is your first offense, you could face up to 93 days in jail along with a $500 fine and driver responsibility fees for two consecutive years. A second offense will leave you facing up to one year in jail, fines of up to $1,000, vehicle immobilization, and driver responsibility fees. Along with any criminal penalties, additional license sanctions may be imposed; essentially, your license could be suspended for double the original length of time, or even permanently revoked.

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The New Year’s holiday has just passed, and no doubt many Michigan residents were charged with OWI after partying the New Year’s Eve night away. Having your driver’s license suspended is not a good way to start the new year, however if you were one of the misfortunate ones who now find yourself without driving privileges, there is help. The first step is to contact a highly experienced Michigan driver’s license reinstatement attorney.

If it is your first OWI offense, your license was likely suspended for 30 days, which will be followed by restricted driving for 150 days. However, if your BAC (blood alcohol content) was .17 or more, this is considered Super Drunk in Michigan, and often results in a one year suspension. By consulting with a skilled lawyer, it may be possible for you to obtain a restricted license, which is a license that allows you to drive to and from work, school, or for other “necessary” purposes.

If you were charged with OWI and have been convicted of Operating While Intoxicated in the past 7 years, the sanctions on your license are even more worrisome. Your driver’s license was likely revoked, which is more serious than a suspension. Unlike a suspension in which a driver typically gets his license back following the suspension period, a revoked license requires going before the DLAD/DAAD (Driver License Appeal Division). Even then, there is no guaranteed your driver’s license will be reinstated, as the process is complex and the burden of proof that you are no longer drinking alcohol and are not a risk for drinking alcohol in the future tough.

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Brenda Conway, a 51-year-old Troy resident and girlfriend of Macomb County Circuit Court Judge Richard Caretti, was recently sentenced to two years probation for a January incident in which she was charged with OWI with occupants younger than 16. According to news reports at The Detroit Free Press, Conway was driving a vehicle with passengers which included Judge Caretti and his two daughters.

Conway and Caretti were returning the two girls who are 12 and 15 years old to their mother’s house following a wedding reception when the vehicle was pulled over by police after Lori Conway, Caretti’s ex-wife, received a text from one of her daughters claiming that Brenda Conway was driving drunk. The two women share a last name as they are related by marriage.

Brenda Conway’s BAC registered 0.18% initially; two subsequent tests both indicated that her blood alcohol level was higher than Michigan’s 0.08% legal limit. In addition to being sentenced to two years’ probation and ordered to perform 320 hours of community service, Conway’s license was suspended for 90 days and will be restricted for three months once the 90 day suspension period has passed.

Many people believe that having their driver’s license suspended following a DUI is the least of their worries when compared to possible jail time, fines, and other penalties. The fact is, living a normal life is virtually impossible without a license; those who are not allowed to drive have a difficult time when it comes to getting to an from work or school, doctor’s appointments, or other important appointments or events. It certainly creates a hardship, as driving is a necessary part of life for most people and something they do on a daily basis.

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