Articles Posted in DUI Defense

In Michigan, most people who are pulled over on suspicion of DUI or drunk driving are most concerned about fines, and the possibility they may go to jail if convicted. What many motorists don’t think about – or perhaps don’t even know – is that even before being convicted, their driver’s license may be suspended. Michigan drivers license reinstatement attorneys realize that in the long run, this can be one of the most serious penalties of all, considering having the privilege to drive is necessary to attend work, school, and important events.

A few weeks ago, a Troy man who is 78 years old was arrested after being stopped for suspicion of drunk driving. Police allege the elderly man did not stop at a red light, and continued driving for several blocks before stopping for police. While officers suspected the man was intoxicated due to his slurred speech, bloodshot eyes and the strong odor of alcohol, the suspect admitted he had been drinking since earlier in the afternoon. The stop took place at around 11 p.m., according to a news article at The News-Herald. The man was taken to the Trenton Jail, where chemical tests determined his BAC to be .15%, nearly double the legal limit of 0.08% in Michigan.

Understandably, no one wants to face potential jail time, substantial fines, and the possibility of increased auto insurance rates. However, a suspended driver’s license impacts a person’s life far more than he/she can imagine. Even for a first-time offense, an individual will have his/her license suspended for 30 days. After the initial 30 day period, the offender’s driving privilege will be restricted for 150 days, or about 5 months.

In order to have your driving privilege restored, it is necessary to attend a DAAD hearing (Driver Assessment and Appeal Division). There are certain things you must prove at this hearing in order to obtain a good outcome, so it is critical you have a capable and experienced Michigan drivers license restoration lawyer to help guide you through the process.

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Michigan law enforcement officials are preparing for the Labor Day holiday period by sending the message “Buckle Up and Drive Sober” to motorists in an effort to crack down on drunk drivers through the holiday.

Local and state law enforcement agencies will coordinate with the Michigan Office of Highway Safety Planning on the campaign, which will begin tomorrow, August 16 and run through Labor Day, Monday, September 2. Funding was administered to Saginaw and Genesee counties among 24 others; a total of 155 agencies received funding to assist with the crack down on seat belt violators.

Michigan law enforcement officials want motorists to know that the penalties for a first-time drunk driving offense are serious, and to take care over the holiday weekend. Penalties for a first-offense include up to 93 days in jail, a $500 fine, and driver’s license suspension of up to 180 days, along with other possible penalties. It is illegal for motorists age 21 and older to operate a motor vehicle with a BAC (blood alcohol content) of 0.08 or higher. Additionally, motorists may be arrested if law enforcement suspects and individual is impaired regardless of the BAC level.

Authorities also want to stress the importance of buckling up, and placing young children in a booster or car seat. Fines for a seat belt violation are $65.

Michigan driver’s license reinstatement lawyers know the difficulties individuals face when their license is suspended. While the other penalties related to a DUI offense are serious, not having the privilege to drive can severely impact your ability to live a normal life. It is easy to take this privilege for granted; when you can no longer drive to work, school, to run errands, or attend doctor appointments, you realize just how essential the privilege truly is.

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Michigan drivers license reinstatement attorneys know all too well the dangers of driving while under the influence of alcohol, and the serious penalties those convicted will face. Recently, a Saginaw woman allegedly drove through Bay County so intoxicated, she could not submit to a Breathalyzer test. A news article at Mlive.com said that Regina Slaughter-Barrera also had two small children in the vehicle with her at the time, who were 3 and 5 years old.

Slaughter-Barrera was pulled over by a Michigan State Police trooper on Monday July 22 after he witnessed a vehicle traveling at 71 mph on M-15 near Cass Avenue in Portsmouth Township. The trooper said the vehicle, a 2006 Pontiac Grand Prix, braked hard before turning right without the use of a turn signal. Slaughter-Barrera did not stop immediately after the trooper put his emergency lights on, according to the news article.

The 39-year-old woman told the trooper she did not have a license; he observed her staggering and speaking in a slurred manner. Slaughter-Barrera was taken to McLaren Bay Region hospital for a blood test, because she was allegedly too inebriated to perform a satisfactory breath test or sobriety tests. In Michigan, it is illegal to operate a vehicle with a BAC of 0.08 or higher; Slaughter-Barrera’s blood alcohol level was 0.369, more than twice the 0.17 considered ‘super drunk’ in Michigan.

Ultimately, she was charged with OWI third offense, operating a motor vehicle while license suspended, denied or revoked, second offense, and two counts of OWI with an occupant younger than 16 – child endangerment, second offense.

When an individual is caught driving on a suspended or revoked license, the initial suspension period is typically doubled. Additionally, an individual who is found to be super drunk will face 45 days of license suspension and 320 days of restricted driving, whereas a traditional DUI carries a license suspension of 30 days with 150 days of restricted driving.

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Any Michigan drivers license reinstatement attorney would find it hard to believe that someone would have his or her license suspended or revoked 69 times by the time he/she was 22 years old. However, that is exactly what has happened according to a news article at Myfoxdetroit.com.

The article reveals that 22-year-old Jaquan Joas was pulled over on the afternoon of August 1 in the Brentwood area in Suffolk County. Joas was pulled over as he was driving a 1990 Mercedes Benz by a Suffolk County police officer. He allegedly tried to run away after giving the officer a fake name, then was pursued as he ran on foot. Joas was captured just a short time later and arrested; he was charged with false personation, criminal possession of marijuana, resisting arrest, and aggravated unlicensed operation according to the news article.

Authorities found after checking Joas’ record that there were a total of 69 revocations or suspensions on his license. His arraignment is scheduled for August 3.

While we don’t know the cause or reasons for the numerous suspensions/revocations in this situation, in the state of Michigan winning back your driving privilege is not a simple process. An individual may have his/her driver’s license revoked for DUI or OWI; a third DUI offense within 10 years of the prior offense will leave you facing a five-year suspension of your license. Getting a driver’s license restored in many situations requires going before the DAAD, or Michigan Secretary of State’s Driver Assessment and Appeal Division. This is a highly complex process that requires the legal skill and support of a seasoned and capable Michigan drivers license restoration lawyer.

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Michigan driver’s license restoration attorneys realize the devastating consequences that often result due to DUI, drunk driving, or operating while intoxicated. People are often seriously injured or even killed; those who are convicted may spend substantial time in jail and face steep fines, license suspension, or be required to attend an alcohol abuse program.

Recently, 52-year-old Drew Bristow suffered a serious head injury after falling from the trunk of the car being driven by his 47-year-old wife, who was accused of driving drunk. Bristow remained in the hospital as of last news reports on July 24, however a hospital spokeswoman had no information on Mr. Bristow’s condition.

According to a news article at Mlive.com, the incident occurred in Leoni Township near Center Lake and Washington Drive as the woman was driving on Edgewater Drive. Drew Bristow was apparently wearing wet swim shorts and was riding on the trunk because he did not want to get the vehicle’s seats wet according to Sheriff Steve Rand.

When Bristow fell off the trunk and struck the pavement, his wife allegedly left him in the road; an off-duty deputy came upon him in the road a bit later, and called 911.

The woman, whose name was not revealed in news reports, was released from jail on a personal recognizance bond. If convicted of the charge, the maximum sentence she may face is five years in prison. Her arraignment is scheduled for Friday, July 26 before Jackson County District Judge Joseph Filip.

While the other penalties are no doubt harsh, an individual convicted of OWI will likely have his or her driver’s license suspended for 180 days. Depending on other factors and whether it is a first or subsequent offense, an individual’s license may be suspended or revoked for even longer. When someone is charged with OWI causing serious injury as described in the story above, that person’s driver’s license will be revoked for a minimum of one year.

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When an individual loses his or her driving privilege, it is stressful and creates a hardship, to say the least. Getting to and from work or school can become a problem; if others rely on you for transportation, for example your children or elderly parents, it can become a burden for others around you. There are instances in which you may be able to have your driving privilege restored in what is known as a hardship appeal. This requires convincing the court that you are enduring a hardship because of the fact that your license has been suspended or revoked.

There are circumstances in which you may appeal for hardship, and others in which you cannot. Some types of suspensions which may qualify you to petition for hardship include:

• A first implied consent suspension MCL 257.625f
• Accidents, points, or incompetent to drive MCL 257.320
• Driving while your license is revoked or suspended MCL 257.904(10), (11)
• Suspension due to mental or physical disability MCL 257.303(1)(d)
• Probationary license suspensions MCL 257.310d

You cannot appeal for hardship if:

• Your license has been suspended due to reckless driving and other factors as listed under MCL 257.319
• Suspension of your license due to financial responsibility (i.e., child support) – however, it may be possible to appeal if financial responsibility suspension was due to a procedural error.

Having your driving privilege restored through a hardship appeal is not a simple process. You must file the claim of appeal, determine the proper venue, file certain documents and pay fees to the circuit court, detail the hardship, file prior to a deadline, and attend a final hearing in which you must emphasize all positive points in order to present a convincing appeal before those representing the Secretary of State. The fact is, filing for a hardship appeal is much easier accomplished with the support and guidance of a skilled and experienced Michigan driver’s license reinstatement attorney.

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On Saturday July 6, a 32-year-old Harbor Springs man was arrested after being pulled over by a Leelanau County deputy. He was charged with OWI with High BAC after a Datamaster test revealed a blood alcohol content of .22%, nearly three times Michigan’s legal limit of .08.

At approximately 5:00 p.m., a motorist called in a vehicle suspected of being operated by a drunk or impaired driver in the area of S. West Bay Shore Drive in Suttons Bay Township. The suspected drunk driver came up behind a Leelanau County patrol car that was driving in the same direction. At this point, the deputy driving the patrol car pulled off as the suspect passed, then pulled in behind him to observe for signs of intoxication. The deputy observed the driver of the vehicle crossing the center line into the oncoming lane several times, and initiated a traffic stop
The suspect failed field sobriety tests, and demonstrated symptoms of intoxication according to a news article at Mlive.com. After posting a $1,500 personal recognizance bond the man was released from custody.

Michigan drivers license reinstatement attorneys realize that the penalties are harsh enough for those convicted of DUI or OWI; however, when an individual is charged with ‘super drunk’ driving, the penalties become even more harsh – including driver’s license suspension. For example, a first-time offender who is charged with a typical DUI will face a 30-day license suspension followed by 150 days of restricted driving. However, if an individual is found to have a BAC of .17 or higher and is charged with super drunk driving, that individual’s license will be suspended for one year, with restrictions permitted after 45 days.

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On Monday June 10, 32-year-old Robert Anthony Moore was stopped by police in Lawrence for driving on the fog line and tailgating another vehicle; he was charged with resisting and obstructing, and jailed after it was determined there were previous warrants for his arrest.

The incident occurred near Exit 52 on eastbound I-94 in Lawrence Township. Upon pulling Moore over, the officer found that he had no identification; he also allegedly provided the officer with a false name and date of birth, according to a Van Buren County Sheriff’s Office news release.

Fingerprints ultimately identified Moore to police after he was arrested and taken to the Van Buren County Jail. Police also learned that in addition to two outstanding warrants, Moore was driving on a suspended license. He was charged with driving while license suspended, providing false information to a police officer, and resisting and obstructing a police officer.

Michigan drivers license restoration lawyers know that there are situations in which an individual whose license has been suspended must drive; however, it is never advised that someone drive on a suspended license, as the penalties are extremely serious. Not only may the initial suspension period be doubled, penalties may also include fines, driver’s responsibility fees, and even substantial time behind bars in some circumstances.

When someone has been caught driving on a suspended license, it is highly recommended that the individual contact an experienced Michigan drivers license reinstatement attorney at once, rather than risking jail time or other serious consequences. The attorney you choose should be one who is skilled with a proven track record for successfully handling these types of cases in front of the Secretary of State’s DAAD (Driver Assessment and Appeal Division). Depending on various factors, it may be possible to have the suspension period reduced, or even completely dropped.

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30-year-old Calvin Leon Liptrot Jr. is scheduled to be sentenced on July 8 on charges of operating while intoxicated causing death, and failure to stop at the scene of an accident that resulted in death. Liptrot is to be sentenced by Kent County Circuit Court Judge James Robert Redford.

On June 3 of this year, Liptrot pleaded no contest to the charges, which stem from an accident that occurred in December of 2012. According to a news article at Mlive.com, Liptrot and 22-year-old Michelle Caverly had been partying on the evening of the accident, and had gotten into a Chevy van. Liptrot was allegedly drunk when he got behind the wheel of the van; the 22-year-old woman was in the passenger seat with the door open when the defendant reportedly put the van into reverse and struck a tree, knocking Caverly out of the vehicle. The incident occurred in the area of Third Street near Fremont Avenue NW.

Investigators allege that after striking the tree, the van continued in motion and slammed into a house after running over Caverly. Liptrot got out of the van according to witnesses, then climbed back in after standing over the victim’s body briefly; he then fled the scene. He was apprehended not long after the accident, and according to police and James Benison, Kent County Assistant Prosecutor, had a blood alcohol level of 0.15 at the scene; it was also determined that Liptrot’s system contained cocaine and marijuana.

Caverly was taken to Spectrum Health Butterworth Hospital, where she died shortly thereafter. She was the mother of a young son and a 2008 Northview High School graduate.

Earlier news reports indicated that authorities were not certain whether Caverly was actually inside the van and fell out when Liptrot slammed the van into reverse, or whether she may have been standing near the tree. Grand Rapids police officer Greg Edgcombe could not confirm that Caverly was in the passenger seat of the van. When the vehicle was located, it was missing the passenger side front door.

Michigan OUIL manslaughter attorneys realize the seriousness of crimes involving alcohol or illegal substances when a life is lost. Individuals who are convicted of this type of criminal offense will face up to 15 years in prison.

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On July 1, 22-year-old Carlos A. Lopez was charged with one count each of larceny in a building, unlawfully driving away a motor vehicle, and driving on a suspended or revoked license. Lopez allegedly stole a vehicle from a friend, then crashed it into a light pole before running away from the scene of the crash. He was also charged with failure to report an accident to fixtures.

The alleged crimes occurred on the evening of May 14, when Bay County Sheriffs deputies responded to reports of a hit-and-run in Bangor Township at 503 N. Euclid Ave. Court records indicate that when officers arrived, they witnessed a blue 2000 Saturn sedan that had collided with a light pole. Upon their arrival there was no one in the car, however deputies were told by a witness that she saw a young man run away on foot after the car crashed into the light pole.

Deputies learned that the vehicle belonged to a friend of Lopez, Kayla Swiecicki. According to Swiecicki, who had a few friends over at another friend’s home where she was staying, located in the 4500 block of Woodbridge Ave. Swiecicki told deputies that she went to the bathroom and discovered after she returned that Lopez and two other individuals had left the residence, and that after looking through her purse she discovered her car keys were missing.

Investigators spoke with Lopez over the telephone a few days later, when he denied any knowledge of the accident or having taken his friend’s car. A warrant was issued for his arrest on June 10, and following Lopez’s June 26 arraignment in Bay County District Court he posted 10% of a $10,000 bond. Lopez is scheduled to go before Bay County District Judge Mark E. Janer for a preliminary examination on July 10.

Michigan drivers license reinstatement lawyers understand that while the other charges Lopez faces may result in serious criminal penalties, driving on a suspended or revoked license is a serious offense in itself. Individuals who are caught driving on a suspended license typically face having their license suspended for twice the original suspension period, and may also face fines and jail time.

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