Articles Posted in DUI Defense

Michael J. Brown, a 23-year-old Au Gres man, recently pleaded no contest in a drunk driving incident that led to the injuries of a Bay County man. Brown will now be facing prison time of up to five years. Brown’s restitution hearing is scheduled for November 15.

Initially the defendant was charged by prosecutors with one count of operating a motor vehicle while license suspended causing serious injury, and one count of OWI causing serious injury. Both counts are five-year felonies, although prosecutors recommended that the defendant’s sentence not exceed 18 months in prison in exchange for Brown’s no contest plea to OUIL, third offense. Court records indicate that Brown had to agree the injuries sustained by the victim qualify as serious, a condition of his plea.

The accident occurred at approximately 6:30 p.m. on January 25 of this year. Upon arriving at a two vehicle crash near Fraser Road in Pinconning Township, Michigan State troopers found that Brown’s Ford pickup had collided head-on with the victim’s Dodge pickup. Lyle T. Warren, the 56-year-old victim, told troopers that Brown’s pickup crossed into his lane, and that because it had only one headlight, he initially believed it was a snowmobile.

Approximately two hours after the crash, the defendant’s blood alcohol level registered 0.23, nearly three times the legal limit of 0.08 in Michigan.

Because the defendant in this case was found to be driving on a suspended license, it is highly likely his license will be suspended for an even longer period, or possibly even revoked considering he pleaded no contest to an OWI third offense. No one wants to spend time in prison, but being without a drivers license will be a hardship once the defendant is no longer incarcerated.

Continue reading

In June of 2013, Tracy Ferrell was convicted of reckless driving for a 2012 incident in which he was charged with DUI after driving into a light pole and mailbox in Pennsylvania. Ferrell held a Michigan CDL (commercial drivers license) at the time. However, the information regarding the reckless driving convicted was not added to his driving record according to a news report at ABC 6 On Your Side, which claims that it is the responsibility of the Pennsylvania Transportation Department to report the conviction to Michigan. Therefore, Ferrell’s CDL was not suspended at the time.

On September 11 of this year, Ferrell was involved in a crash in Ohio that resulted in the death of Amy Schneider, and injury of two others. Following the incident, his commercial driver’s license was suspended. Ferrell allegedly slammed into three vehicles on US-23, and was accused of attempting to hide his sleep schedule and driving log. Now, Amy Schneider’s surviving family members are calling for new regulations designed to commercial truck drivers who are “unsafe” off the roadways.

As of the most recent news reports, police were waiting on results of toxicology reports to determine whether charges will be filed against Ferrell.

Michigan driver’s license restoration attorneys realize that besides having his CDL license suspended, Ferrell may face serious charges if it is determined he was under the influence of alcohol or drugs when the fatal accident occurred. If charged with OUIL, UBAL, of OWI causing death or serious injury, he may face penalties which include fines of up to $10,000 and up to 15 years in jail. News reports do not indicate whether law enforcement suspect he was under the influence of any illegal substance when the crash took place.

While it is certainly true that some commercial drivers have no business operating massive semi-trucks and tractor-trailer rigs, others are often the victims of unfortunate circumstances. Having your CDL suspended or revoked when driving is the source of your livelihood can be devastating.

Continue reading

On Thursday October 3, 37-year-old Constance Johnson of Ypsilanti Township was sentenced to 4 to 15 years in prison for the death of her infant son, caused by a crash which allegedly occurred while she was driving under the influence.

According to police, Johnson and her infant son, Isiah, were in a mini-van in October of 2012 as she drove east on Foley Avenue in Ypsilanti Township at approximately 5:30 in the morning. Johnson’s mini-van struck a parked pickup truck, fatally injuring Isiah, who died a week later. While news reports at Mlive.com indicate he was in a carrier, it was not strapped in and was placed in the front seat.

Johnson was initially charged with homicide-manslaughter with a motor vehicle, involuntary manslaughter, and alcohol-open container, however prosecutors dismissed these charges as part of her plea agreement, In the plea deal, Johnson pleaded no contest to operating while intoxicated causing death, second-degree child abuse, and operating a vehicle with a suspended license causing death. Judge David Swartz sentenced her to 50 months to 15 years on all three of the charges, with sentence terms to run concurrently.

This is no doubt a tragic story. While Johnson will spend a significant amount of time in prison, the worst punishment of all will be the fact that she must live with her son’s death for the rest of her life. People often get behind the wheel of a vehicle after having consumed alcohol, believing they are perfectly capable of driving in a safe manner. Sometimes they do not get caught, other times, such as this one, the consequences are devastating.

Continue reading

In the state of Michigan, a charge of drunk driving may lead to suspension of your driver’s license. Even a first-time offense may result in a 30 day suspension. Repeat offenders face having their license revoked, which is even more serious – one step away from the death of your driving privileges. Many motorists feel that driving is a right, when actually it is a privilege. Most people give little thought to the impact losing their license would have on their life; however, when it does happen the consequences can be serious. Not only will employment be placed in a precarious position due to the inability to drive to and from work, the costs of having driving privileges reinstated are substantial – not to mention the process complex, and without guarantee your license will be restored.

Recently, a 30-year-old Plymouth man was arrested after the Oakland County Sheriff’s Office received a call informing officers that a man had come into a Lyon Township convenience store and was urinating in a walk-in cooler. An officer who was nearby responded to the call, and observed the man as he struck a curb on Pontiac Trail after swerving in and out of lanes. Upon pulling the suspect over, the officer administered a breath test and field sobriety tests, both of which the man failed. His BAC at roadside measured 0.21, considered Super Drunk or high BAC in Michigan, well more than twice the legal limit of 0.08%. After being arrested and taken to the South Lyon Police Department, his BAC registered 0.19, still above the 0.17 necessary to be charged with a high BAC drunk driving offense.

While it’s highly likely the man’s driver’s license was suspended, other penalties also apply when arrested for high BAC OWI. Jail time, fines of up to $700, vehicle immobilization, mandatory alcohol treatment, and community service are some of the penalties an individual may face. An individual convicted of a high BAC offense will have his or her license suspended for one year, with restricted driving permitted after 45 days.

Continue reading

Many people are what are known as “habitual offenders,” that is they have violated the law on two or more occasions, such as in the case of someone who has been convicted two or more times for driving under the influence. In Michigan, someone who is convicted on a second DUI within 7 years of the first will have his or her license revoked, which is more serious than a suspension.

Unfortunately, many people don’t give much thought to the serious impact to their lives until their driver’s license has been revoked. You may believe that you can obtain a restricted license to be used only to get to and from work, or for emergency purposes. This is absolutely not true, and there is no way around it. It makes no difference who you know, or if you have a friend with a friend who “knows somebody.” Until the one-year revocation period has passed, you will not be eligible to have your driver’s license restored. Even then, it is not guaranteed that the DAAD will approve reinstatement of your license.

For a third or subsequent DUI within a 10 year time period, your driver’s license will be revoked for a period of five years. This means that during this 5-year term, you cannot legally operate a motor vehicle – period. Having your driver’s license revoked for multiple DUI’s is certainly a hardship, but one you will have to live with until the revocation period passes and you can file a restoration appeal with the DAAD (Driver Assessment and Appeal Division) of the Michigan Secretary of State.

That being said, when the time comes that you are eligible to file for restoration, it is critical you obtain the legal guidance and support of a skilled and experienced Michigan drivers license restoration attorney. The process of having your license reinstated is one that is complex, to put it bluntly. You may be eligible to file an appeal, but are you ready? In this context, ready means “sober.” You must be in a position to prove unequivocally that you are sober, and will remain that way. This requires substantial documentation, recommendation letters from family, a substance abuse evaluation, 10-panel drug screen, and effective, convincing testimony.

Continue reading

Michigan drivers license reinstatement attorneys understand the impact to an individual’s driving privilege when that person is arrested and convicted multiple times for drunk driving. Just over a week ago, 41-year-old Jose Robles-Guzman of Lawrence Township was arraigned on charges of a third offense OWI and second offense of driving with a suspended license. In Michigan, a third offense is charged as a felony, which results in harsher penalties than a first or second OWI offense, which are considered misdemeanors.

Even though Robles-Guzman is now facing DUI related charges for the sixth time, a third offense is a “lifetime” offense in Michigan, which means the harshest criminal penalties apply.

On September 8, the defendant was found passed out in his vehicle in the middle of westbound I-94, according to a news article at Mlive.com. He had allegedly turned off the ignition and lights, and was passed out behind the wheel when a passing motorist called to report the incident.

According to criminal history records, Robles-Guzman’s past convictions include:

Misdemeanor OWI in Berrien County in September of 2001
Misdemeanor OWI second offense in Van Buren County in June of 2003 (charged as felony, pleaded down to misdemeanor)
Misdemeanor OWI second offense in Van Buren County in November of 2008 (pleaded guilty to misdemeanor as second offense)
Felony OWI third offense in Van Buren County in March 2009
Felony OWI third offense, arrested by Pokagon Tribal Police Department, August 2011
The criminal penalties are extremely severe for repeat DUI offenders and include up to five years in prison, fines of up to $5,000, community service, mandatory alcohol support groups, up to five years drivers license revocation, and more.

Even after the five-year time span for license revocation has lapsed, there is no guarantee an individual will have his or her license reinstated. Following the 5 years revocation, it is required that the individual apply for reinstatement. Many people assume that after the revocation or suspension period has lapsed, they will get their license back. This is not the case. In order to have a driver’s license reinstated following revocation for a drunk driving offense, the individual must go before the DAAD for a hearing, and even then there is no guarantee that person’s license will be restored. At the hearing before the Secretary of State’s Driver Assessment and Appeal Division there are certain elements that must be proven, and letters of reference regarding an individual’s sobriety are required, among other things. It is a complex process, with no guarantee of winning.

Continue reading

In May of this year, a Brookfield, Illinois woman was pulled over by police in Riverside after the officer had observed her speeding. Erin James was stopped by the officer at approximately 2 a.m., suspected of driving under the influence. James, who is 58 years old, failed multiple field sobriety tests according to Nbcnews.com, and was taken into custody.

Once at the Riverside Police Department, a breath sample was taken from the suspect; her BAC was found to be 0.155. This is almost twice Illinois’ legal limit of 0.08%.

James was arrested for DUI in 2012, and had her license suspended as a result. While being processed at the police station, James admitted that she would soon be getting her driver’s license back, and that her reason for drinking was that she was celebrating the fact.

James apparently had an ignition interlock device on her own car, and was driving a vehicle that did not belong to her in order to avoid the device. She had been at a Forest Park bar celebrating the fact that she would soon have her driver’s license restored prior to being pulled over for speeding. While the news article didn’t say, it’s highly likely James was again charged with DUI, which means her license will again be suspended or perhaps even revoked.

In Michigan, the process of having a drivers license restored is one that is complex, and requires the support and guidance of a skilled drivers license restoration attorney. An individual’s license may be suspended or revoked depending on the situation, how many times the person’s license has been suspended previously, etc. Refusing the breath test, driving under the influence of alcohol or drugs, reckless driving, engaging in illegal drug activity – all of these things can result in an individual’s driving privilege being taken away.

Continue reading

In Michigan, there are specific circumstances in which an individual who has had his or her driver’s license suspended or revoked may be able to appeal on the basis of a hardship. In other words, not having the privilege to drive is creating a “hardship” in regards to effecting your ability to work and provide income to support the family, or some other undue hardship. As Michigan drivers license reinstatement lawyers know, proving a hardship is not easy. In fact, the entire process is quite complex, which is why it is important to consult with an attorney in the very beginning.

Only certain suspensions may be appealed for hardship in circuit court. For example, if you were convicted or pleaded guilty to reckless driving or your license was suspended for reasons listed under MCL 257.319, you will likely not be permitted to appeal. However, if your suspension was due to a first implied consent violation, driving while your license was suspended previously, an accident or points on your driving record, or for probationary reasons, you may be able to appeal for a hardship license.

Even once it is determined that you can appeal your suspension, the work is just beginning. First there is filing the claim, which must conform to MCR 7.104(C)(1). Then the venue must be decided, filing fee paid, the proper forms filled out. Most important of all in the hardship appeal is the detail or evidence you provide the court, who must be convinced that without the privilege to drive, you will experience undue hardship. It is critical that the evidence is sufficient during the hearing to convince the court you cannot do without a license. Your attorney can go over the most important points you should stress to ensure the best chance of convincing the court.

There are also deadlines for filing, and a final hearing in which you will be able to appeal to the court vocally, stressing all positive things you have accomplished in an effort to move toward a positive path such as completing an alcohol program, regularly attending AA, and emphasizing such factors as you have no other reasonable methods of getting to and from work, not having the ability to drive is causing you to miss work, etc.

Continue reading

Labor Day should be a holiday filled with fun and family; unfortunately, every year too many people are seriously injured or lose their lives in boating and car accidents. Many families choose to spend the weekend at the lake camping; for school children, it is the last long weekend before the Thanksgiving holiday.

Whether you are camping, boating, grilling outdoors for friends and family, or just taking it easy, make it fun and safe by following these tips:

Remember that police are out in full force checking for use of safety belts, and impaired drivers. Through Labor Day, 155 local police departments, Michigan State Police, and local sheriff’s offices will be participating in the Drive Sober or Get Pulled Over campaign. Not only will law enforcement officials be checking for drunk drivers, they will also enforce safety belt laws. As Michigan criminal defense attorneys, we know the consequences of driving drunk – and the costs to your reputation and career far outweigh monetary costs, which can be thousands. If you’re out and about having a good time and without a designated driver, call a cab. In 2012, eight people in the state of Michigan lost their lives in car crashes; half of those were alcohol-related.

Avoid texting or talking on cell phones while driving. Distracted driving is thought to be as dangerous or perhaps even more so than drunk driving. If you have to communicate via text or talking, pull over. Statistics indicate that drivers who text while driving are 23 times more likely to be involved in a car accident.

Plan to enjoy Michigan’s lakes over the Labor Day weekend? Practice safe boating. Always wear a life jacket, and be familiar with the lake you will be boating on. Knowing where stump beds, sandbars, and other hazards are located can prevent an accident.

While it’s important for the driver of the boat to pay close attention, it’s a good idea to have a lookout as well. Statistics provided by the U.S. Coast Guard indicate that improper lookout and operator attention are leading factors in accidents involving boats.

When someone is in the water near the boat after diving, skiing, or other activities, shut the engine off. Avoid overloading your boat, and most importantly, DON’T DRINK while boating. Drinking and boating don’t mix; the number one factor that contributes to boating accidents is consuming alcohol, as it impairs your physical and mental abilities, as well as your judgment.

Continue reading

If you live in Michigan, you already know that the laws regarding drunk or impaired driving are very strict. When a police officer pulls an individual over on suspicion that the driver is driving while under the influence of alcohol, he or she may request that you take a breath test. If you refuse, your driver’s license will be suspended automatically.

When a police officer suspects OWI (operating while intoxicated), under the law he or she may arrest you, and have blood drawn for chemical testing. Police in the state of Michigan have the authority to arrest someone when that person is operating a motor vehicle on a highway, roadway, or any area open to the general public when they see visible signs of impairment. In most cases, the officer will request that the driver take a breath test; this is to help confirm his or her suspicion that the driver is indeed operating under the influence. If you refuse, your driver’s license will be suspended on the spot for one year – even if you are a first-time offender. If it’s a second refusal within a seven year period, this suspension increases to two years.

All of this being said, this is an administrative process whose propriety may be questioned on various grounds in court. For example, the stop may have been unlawful if police did not have reasonable suspicion to pull you over. A skilled Michigan drivers license reinstatement lawyer will thoroughly review your case to determine if there may be valid grounds to challenge the suspension of your license. In many cases, it is helpful in restoring an individual’s driving privilege when he or she has no prior criminal history or DUI arrest.

Even if you do take the breath test and fail, the court may suspend your driver’s license upon conviction or admission of guilt. Depending on the severity of the charge and whether it is a first, second, or third offense, the length of time your license is suspended may vary. In some circumstances, your license may be revoked, which is even more serious.

Continue reading