Articles Posted in DUI Defense

On December 11 a motorist was arrested by Norristown police following an incident in which the driver was involved in a one vehicle hit-and-run crash, then fled the scene. Ultimately it was determined that the driver was driving on a suspended license; he was charged with fleeing/resisting arrest and DUI.

It all began when a police officer who was off duty witnessed a vehicle traveling at high speed which jumped the median after coming across the Dannehower Bridge. The vehicle, a Honda Accord, then struck a light pole resulting in the base of the pole being damaged. The Accord then sped off, according to the officer.

At that point officers who were on duty began pursuing the vehicle in a northbound direction on Cherry Street. As the chase continued on, the Honda eventually had a flat tire that came off, leaving the driver to navigate the car on the rim. Ultimately there came a point where the driver could no longer control the vehicle; he fled on foot in the 1300 block of Markley Street and was apprehended by police, who determined the driver was intoxicated.

While DUI and fleeing/resisting arrest are serious charges, driving on a suspended license only adds to the problem. A first-time offender charged with driving on a suspended license may face penalties which include jail time, a fine of up to $500, driver responsibility fees, and 2 points added to the individual’s driver record. In addition, the length of the initial suspension of your driver’s license may be doubled.

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Christmas is just around the corner, and right on its heels comes the New Year’s holiday. This is a time of year when many people are attending holiday parties and festivities, family get-togethers, and generally enjoying the season. While it’s fun to enjoy the company of friends, family, or co-workers and have a few drinks while enjoying the holiday cheer, driving while under the influence of alcohol could leave you facing not only charges of DUI, but a suspended driver’s license as well.

In Michigan, first-time DUI offenders will face a six month (180 days) license suspension. For the first 30 of those days, you will not be able to operate a motor vehicle; after this 30 day time period has passed, your driving privilege will be restricted. This means that you can only drive for very specific purposes, such as to and from work.

If stopped on suspicion of operating while intoxicated for a second time within a 7-year time period of a first conviction, your driver’s license will be revoked for one year if you are charged with DUI. A revocation is more serious than a suspension; you will not be allowed to drive for any reason during this one-year time period. Even after the year has passed, there is no guarantee that your driver’s license will be reinstated.

Today, our busy lives often hinge around having the privilege to drive. When your driver’s license has been suspended or revoked, it creates a devastating hardship. As trusted Michigan drivers license restoration attorneys, we urge you to consider the risks carefully before deciding to get behind the wheel after having a few drinks. Not only could you face criminal penalties and suspension of your driver’s license, the consequences could be catastrophic if you were to cause an accident resulting in injury or death to others.

Enjoy the holiday season, but be smart. If you intend to consume alcohol or liquor at a holiday party or gathering of family and friends, make sure you have a designated driver. Alternately, you could spend the night if at a family member or friend’s home, or call a cab. Better to be safe than sorry!

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In Michigan, laws regarding drunk driving are extremely strict. If arrested for DUI and you refuse a chemical test, your driver’s license may be suspended for one year. Under Michigan’s Implied Consent Law, MCL 257.625c, any individual who operates a vehicle gives his or her consent to submit to chemical testing if arrested on suspicion of driving under the influence. This applies to anyone who operates a vehicle in any location open to the general public, including not only roadways but parking lots and other areas. You agreed to this when you applied for your driver’s license, although you likely were not aware of it.

A one-year suspension applies to first-time offenders; if you are arrested for DUI a second time within seven years of the first, your driver’s license will be suspended for two years. Suspension of your license is separate from the criminal offense of driving under the influence, and is administrative in nature. Your driver’s license will be submitted immediately after refusing a breath test administered at the police station (this does not apply to a roadside or preliminary breath test).

If your driver’s license was suspended after refusing to take a breath test, it may be possible to challenge the suspension in court according to the circumstances of your case. For example, the traffic stop may have been unlawful; police must have reasonable suspicion to pull you over. If you have no prior drunk driving conviction or arrest, it may be easier to have your driving privileges restored. Ultimately, it is highly recommended you discuss your situation with an experienced Michigan driver’s license reinstatement attorney, who can review your case and help determine whether it may be possible to have your license restored.

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On Friday November 15, 39-year-old Regina Slaughter-Barrera pleaded guilty to two counts of operating a motor vehicle while intoxicated with an occupant younger than 16 – child endangerment, second offense. Slaughter-Barrera also pleaded as a habitual offender with a third offense sentencing enhancement.

The defendant was initially charged with two more counts which included operating while intoxicated, third offense, and operating a motor vehicle while license suspended, denied, or revoked, second offense. Prosecutors in the case dismissed these counts in exchange for her guilty plea.

The charges are in connection with an incident that took place in July, when the defendant was allegedly driving at speeds of 71 mph in a 45 mph zone on M-15 in Portsmouth Township. A Michigan State Trooper alleged that Slaughter-Berrara braked hard as she was headed south near Cass Avenue, then made a right turn onto Cass without signaling.

The trooper alleges that the defendant did not stop immediately after he engaged his emergency lights; when she did finally stop, the trooper saw that two children were in the back seat, as well as an adult female passenger. Slaughter-Berrera told the trooper that she did not have a driver’s license. Court records also indicate she did not have the proper paperwork for the 2006 Pontiac Grand Prix she was driving.

After being unable to perform sobriety tests due to severe intoxication, she submitted to a blood test at McLaren-Bay Region hospital. The defendant’s BAC was determined to be 0.369, more than four times Michigan’s legal limit of 0.08.

Having your driving privilege restored is not an easy process, and requires the skill and experience of a qualified Michigan drivers license restoration attorney. Attempting to have your license restored on your own could result in not only failure, but having to go for a longer period of time in which you will be unable to drive, as you can only apply for a hearing with the DAAD once in a one-year time period.

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Individuals who have had their driver’s license suspended due to multiple DUIs often choose to appeal without the assistance of an experienced Michigan driver’s license restoration attorney. Unfortunately, this can leave you in a bigger mess than you were to begin with. We have consulted with many clients who, had they obtained our help, would likely have won back their privilege to drive.

Why do those who have had their driver’s license suspended or revoked choose to appeal with the DLAD on their own? Often times it is simply a case of not understanding how complex the process is. An individual may assume that the procedure is simple and straightforward, and that after they have waited the required year to appeal the hearing officer will simply restore his or her license. This is NOT the case; in fact, appealing the suspension or revocation of your driver’s license is complex, and even unmanageable for those who decide not to secure the services of a skilled lawyer.

Those who have had their license suspended and who choose to “go it alone” when appealing to the DLAD often make both procedural and substantive mistakes. There are strict procedural guidelines put in place by the DLAD for filing an appeal. By missing a deadline, incorrectly filing out background letters or documents, or filing the incorrect document, the odds are your appeal will not be won. This results in a total waste of time and effort – and you will have to wait an entire year before appealing again.

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Michigan driver’s license restoration attorneys realize the dramatic impact not being able to drive has on your daily life. Unfortunately, we also know that on the Internet, there is plenty of misinformation regarding drivers license suspension and the process of having your license restored or reinstated. At Grabel & Associates, we have extensive skill and experience in this area, and know how critical it is to successfully navigate the Michigan Secretary of State’s Driver’s License Appeal Division to have a client’s driving privileges restored.

To be clear, this is not a simple process. Both you, as the client, and the Michigan drivers license reinstatement lawyer you choose to represent you must have a clear understanding of what the hearing officers will expect. This is why it’s vital to have an attorney who will communicate with you and explain what is necessary and the steps that must be taken in order to have the best chance of having your driver’s license restored.

Most individuals licenses are suspended or revoked due to multiple drunk driving offenses; therefore, if you have had two DUI convictions within a seven year time period or three drunk driving convictions within ten years, it will be presumed by the Secretary of State that you have serious issues when it comes to drinking, or are even an alcoholic. Because of this, there are issues which must be addressed in order to have your license restored, which your attorney should work through with you to ensure there are no misunderstandings.

Here is what you must prove:

• That you have the motivation and ability to operate a motor vehicle safely, and within the law;
• That any issues you have with the abuse of alcohol or drugs are under control, and will remain under control;
• That there is minimal risk you will engage in past abusive behavior or drive drunk in the future;
• You must prove that you have abstained completely from the use of alcohol and/or drugs for a period of at least six months. This being said, abstinence from alcohol/controlled substances for one year typically results in a better chance of having your driving privilege restored.

This is just a portion of what must be accomplished in order to have your driver’s license reinstated. It is also imperative that the application is properly prepared and other requirements satisfied.

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In November of 2007, former Illinois state trooper Matt Mitchell caused an accident which resulted in the deaths of Jessica and Kelli Uhl. Mitchell pleaded guilty to reckless homicide after crossing the median on Interstate 64 and crashing into the victims’ car. This resulted from talking on a cell phone while driving at speeds of more than 125 miles per hour according to a news article at ksdk.com.

Mitchell was sentenced to 20 months probation; he also lost his driver’s license. In July, Mitchell appealed to have his driver’s license reinstated for the fourth time, saying that he must have his license to work and to support his family. Mitchell, who now lives in Texas, said that a license was necessary to seek employment, to sustain his life, and to provide for his daughter. At his appeal, Mitchell stressed to the panel that he was not a risk-taker, reckless, or a monster.

The victims’ family members were present in court; they maintain that the revocation of Mitchell’s license was part of his plea deal, and that he should not be given the privilege to drive.

Mitchell’s request to have his license reinstated was recently denied. The accident involving the Uhl’s was his third as a state trooper.

In Michigan, as it appears in Indiana, having a drivers license reinstated following multiple driving offenses is difficult at best. It is certainly devastating to be involved in an accident which takes the life of someone, however having the privilege to drive is a necessity.

Drivers licenses are often suspended or revoked in Michigan when individuals have multiple DUI or drug offense convictions. Getting your license back is not easy; in fact, far from it. To have your license restored, it is necessary to file an appeal with the DAAD (Secretary of State’s Driver Assessment and Appeal Division). Even then, it is critical that you have a highly experienced Michigan drivers license reinstatement attorney who can guide you through the complex process.

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On Wednesday October 30, the Michigan House voted on making it possible for residents with multiple DUI convictions to secure a restricted driver’s license by having an ignition interlock device installed in their vehicles which will detect breath alcohol. The House voted to make the three-year pilot program permanent after early evaluations indicated that it was successful in discouraging drunk driving behaviors by those who participated, according to a news article at Mlive.com.

The law was scheduled to expire the end of this year, however Michigan lawmakers voted to extend the 2010 law indefinitely. Ultimately, individuals who have had their driver’s licenses revoked for multiple drunk driving offenses will be issued a restricted license which allows them to travel to and from substance abuse programs, school, or work provided they comply with using an ignition interlock device, and participate in a sobriety court program.

Legislation to extend the law for an indefinite time period won unanimous approval in the House; now it will move on to the Senate. Individuals who qualify by meeting requirements will be issued a limited driver’s license by the Secretary of State.

Representative Dan Lauwers introduced the legislation, saying after the unanimous vote by the House that, “People with repeat drunken driving offenses still need to provide for their families, and an interlock device would allow them to drive to work while keeping them sober.”

The majority of participants in the interlock program complied with court orders according to data collected by the MADCP (Michigan Association of Drug Court Professionals). Legislative director and Eaton County District Court Judge Harvey Hoffman said that for active participants, the recidivism (habitual relapse) rate was 1.5%.

Grand Valley University criminal justice professor Christopher Keirkus is concerned about what happens to individuals who are repeat offenders after they leave the program. Keirkus was commissioned to conduct analysis on the pilot program, and feels it is still too soon to come to a conclusion regarding the long-term impact on the behavior of repeat drunk drivers.

DUI is a serious problem in Michigan, as well as across the nation. However, individuals who have their drivers licenses suspended or revoked due to driving under the influence of alcohol or drugs face serious issues; having the privilege to drive is a necessity in today’s society for work, school, and other reasons. Perhaps if the expansion of the interlock program passes in the Senate, we will see more people regain their driving privilege, if only on a restricted basis.

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Did you know that when pulled over on suspicion of driving under the influence in Michigan, your driver’ license could be suspended if you politely refuse to take a breath, blood, or chemical test – regardless of whether you are convicted of DUI? Michigan’s Implied Consent Law means you automatically consent to chemical testing when suspected of DUI, even if you don’t realize you gave consent. Many people do not realize this fact, although it is stated in the documents you sign when applying for a driver’s license. How many of us read all the fine print? Not many, and it could put your driver’s license in jeopardy.

The fact is, refusing to consent to testing can lead to the DMV suspending your license for an entire year. This does not apply to a roadside test, it applies when you are taken to the police station after being arrested for DUI. Should you politely decline testing to determine whether your BAC is within Michigan’s legal limit of 0.08%, a report of refusal will be forwarded to the Secretary of State informing authorities that you would not take the test. At this point, you have 14 days to contest the allegation. If you fail to do so, your driver’s license will be suspended for one year, and six points added to your driving record.

While this may sound harsh, it is simply the law in Michigan. How your case goes in court regarding allegations of drunk driving has very little to do with whether your driving privilege will be taken away. In fact, even if you are found not guilty in court or the charges are dismissed against you, the fact that you allegedly refused a breath test when requested by police could leave you in a very tough situation considering driving a vehicle is essential to most people’s everyday lives.

Ultimately, the smartest action you can take is to consult with a highly experienced Michigan drivers license reinstatement lawyer immediately when you have violated Michigan’s Implied Consent Law (although it may have been unknowingly). Appealing the suspension of your license to the Secretary of State in a timely fashion is critical. Your lawyer will challenge issues regarding police, and whether you were advised of your rights in regards to chemical testing, along with other issues regarding police actions.

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