Articles Posted in DUI Defense

Getting arrested for driving under the influence is a serious offense, however there are more implications for the driver than paying a fine and potential jail time. Did you know that refusing a chemical (breath) test can result in a one-year suspension of your driver’s license?

Under Michigan’s Implied Consent Law (MCL 257.625c), an individual who operates a vehicle in a public place and who is arrested on suspicion of drunk driving is considered to have given his or her consent (implied consent) to submitting to a breath, blood, or urine test in order to determine if and how much of a controlled substance or alcohol is in that person’s blood. If you refuse testing, your driver’s license will be suspended for one year. Further, if you fail to request a hearing with the DAAD (Driver Assessment and Appeal Division) within 14 days, you automatically lose by default.

When a person refuses a second breath test in relation to an offense that occurred within 7 years of the first, his/her license will be suspended for two years. Even if you are not found guilty of DUI or the offense you were charged with, implied consent penalties still stand.

The good news is that if your license is suspended under the Implied Consent Law, it doesn’t necessarily mean there is nothing you can do, and that you won’t be able to drive for an entire year. An experienced Michigan driver’s license restoration attorney may be able to help you obtain a restricted license, which will make it possible for you to drive to work, school, doctor’s appointments, and for other reasons deemed necessary. However, if you appeal in circuit court, there is no guarantee that your license will be reinstated. This is why it is critical that you choose a lawyer who is skilled and capable in this area and who has a winning track record for obtaining positive results.

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On Monday June 17, a 64-year-old man was pulled over by Van Buren police because his license plate was obstructed. The Lawton man was found to be in possession of marijuana and methamphetamine; his driver’s license was also suspended.

The stop occurred in Waverly Township in the 33000 block of County Road 66, near Paw Paw just before 9 in the morning, according to a news release issued by the Van Buren County Sheriff’s Office. The release stated that police found the driver in possession of 0.9 grams of marijuana and 0.4 grams of methamphetamine.

After being arrested and charged with possession and driving with license suspended, the man, who was not named in a news article at Mlive.com, was placed in the Van Buren County Jail.

Michigan drivers license restoration attorneys know that while charges for possessing drugs are serious, driving on a suspended license will bring about negative consequences as well. In fact, individuals who drive on a suspended license may face additional fines and potentially incarceration; at the very least, the length of the initial suspension will be doubled, leaving the individual facing a much longer time period in which he or she cannot legally drive.

Having a drivers license restored when it has been suspended or revoked is not an easy task, and requires the skill of an experienced Michigan drivers license reinstatement lawyer who has successfully handled these types of cases for clients. Regaining your privilege to drive requires going before the DAAD (Driver Assessment and Appeal Division), where you must prove that you are sober and not a risk for drug or alcohol abuse. The process is complex, and one that is not easily accomplished without the help of a capable attorney.

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On Sunday June 2, 33-year-old Patrick William Wisniewski of New Baltimore died in a motorcycle accident involving another motorist who was driving on a suspended license. The accident took place at approximately 9:30 p.m. near Jefferson Avenue and 21 Mile Road, according to an article at Lawofficer.com.

Wisniewski was reportedly driving his motorcycle in a northbound direction on Jefferson Avenue when a 64-year-old man driving a Chevrolet Impala turned left in front of Wisniewski on 21 Mile Road, resulting in a collision. Both the officer and the other man, a Chesterfield resident, were taken to McLaren Macomb Hospital, where Wisniewski was pronounced dead at the scene. The 64-year-old was treated for injuries which were reported to be non life-threatening.

It was determined that the Chesterfield man was driving on a suspended license. Police also said that the victim was wearing a helmet at the time of the crash. Wisniewski was a married father of five children.

While the news article did not mention whether the Chesterfield man simply did not see the motorcycle or was driving in an impaired state, he was driving on a suspended license for an unknown reason. Michigan driver’s license restoration attorneys understand that there are situations in which an individual has no other choice but to drive when his or her license has been suspended, however it is never a good idea.

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Regardless of whether you live in Michigan or another state, it can be tempting to drive when your license has been suspended – in fact, there are times when it may actually be necessary. However, before you make the decision to get behind the wheel even though your driver’s license has been suspended, consider the following.

Most people who toss the idea of driving even though their license has been suspended back and forth think about how careful they will be not to get in an accident, or how they will be super-cautious, obeying all of the traffic laws. No running a stop sign or light, driving the speed limit, being sure to use turn signals and change lanes properly, etc. This is great, but what about when it isn’t all in your control?

It’s important that you consider all of the possible scenarios before you get behind the wheel without a valid driver’s license. Case in point: Last year a Caro, Michigan woman rear ended a car that was stopped at a red light, causing the vehicle she struck to hit a third vehicle. The woman at fault was talking on a cell phone when this accident happened, an example of what distracted driving can lead to. However, it was determined that the vehicle she struck was driven by a Saginaw man who had no proof of insurance, and was driving on a suspended license. He was ticketed – true story.

As you can see, the man who was driving on a suspended license had no control in this situation. What happens when you are caught driving on a suspended license? It all depends on the circumstances. Some individuals may face time behind bars or paying fines or driver’s responsibility fees. However many individuals find that their driver’s license will be suspended for twice as long as it was initially when they have been caught driving on an invalid licenses.

The lesson here is never to drive on a suspended license when you can avoid doing so.

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A wild ride through Mecosta and Osceola counties on Sunday, May 19 eventually ended with a suspected drunk driver being arrested. The driver of the vehicle, a 46-year-old Kalkaska County man, was arrested for numerous offenses including driving with a suspended license, drunken driving, violating parole, fleeing and eluding police, and transporting open intoxicants. According to police, the man has several previous alcohol-related driving offenses.

It all began when dispatchers received numerous calls from motorists regarding a driver who was driving recklessly in the area of 11 Mile Road on U.S. 131 in the southbound lanes. After catching up to the suspect’s vehicle, police had to give chase as the driver would not stop. The chase continued southbound, and according to a news article at Mlive.com the driver had several close calls with other vehicles. The suspect eventually stopped the car in Mecosta County’s Green Township near 22 Mile Road.

State troopers were assisted in pursuing the suspect by Mecosta and Osceola County sheriff’s deputies, as well as Ferris State University and Big Rapids police.

Michigan driver’s license restoration lawyers advise strongly against driving on a suspended license; however, while it likely isn’t true in this case, there are situations in which individuals who have had their driver’s licenses suspended must drive out of necessity.

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44-year-old Kevin D. Haynes of Saginaw remains jailed on charges of operating a motor vehicle on a suspended or revoked license causing death, or operating a vehicle under the influence of drugs causing death. Saginaw was involved in a crash in March of this year that resulted in the death of two women in Bridgeport who were sisters.

According to a news article at Mlive.com, Haynes drove his Chevrolet pickup at a high rate of speed into oncoming eastbound traffic, resulting in a head-on collision with a vehicle containing three women, who were all sisters. Two of the women in the Chevrolet Impala, 63-year-old Carol Lyle and 67-year-old Judith Kelly, died at the scene of the crash according to Saginaw Township Police Chief Donald Pussehl. A third sister, 63-year-old Patricia Aldrich, survived the crash.

Both operating a motor vehicle on a suspended or revoked license causing death and operating a vehicle under the influence of drugs causing death carry the same maximum penalty of 15 years in prison. While it wasn’t mentioned in the news article which offense Haynes would ultimately be charged with, it was mentioned that investigators were waiting on an analysis performed on Haynes’ blood sample by the Michigan State Police. Haynes was arraigned on Monday afternoon and held on a $300,000 bond.

A third vehicle driven by Alice LaPan was also involved in the crash, although she survived. Haynes was charged with two counts of operating a motor vehicle on a suspended or revoked license causing serious injury or operating under the influence causing serious injury in regards to LaPan and Aldrich. Whichever charge is ultimately decided on, the maximum penalty for either is five years in prison.

While this is a horrible tragedy, Michigan driver’s license restoration attorneys know that driving on a suspended or revoked license can have serious implications, particularly in a case such as the one described above. Individuals drive on suspended drivers’ licenses every day out of necessity, although it is illegal.

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On February 14 of this year, Robert Lamont Addie was charged with numerous counts after allegedly striking a Pittsfield Township police officer in a Burger King parking lot. Addie was charged with two counts of resisting a police officer, assault with a dangerous weapon, third offense operating while intoxicated, and fourth-degree fleeing police. He pleaded guilty to these charges on Thursday May 9.

Because he pleaded guilty, Addie’s status as a habitual offender and one count of assault with intent to commit bodily harm less than murder were dismissed. According to a news article at AnnArbor.com, Addie had been convicted on charges of drunk driving on four different occasions including in 1994, 1999, 2001, and 2006. He is 39 years old.

Addie was driving his vehicle through a drive-thru window at a Burger King parking lot in February when an officer requested that he pull his car into a specific spot. At this time, Addie says that when he went to pull his car over, it sideswiped the police officer. The officer suffered minor injuries after being knocked to the ground.

The altercation began when employees at the Burger King restaurant located at 6190 W. Michigan Avenue called police because of alleged disturbance with employees in the drive-thru window by two men inside a Ford Taurus. Addie was the driver of the vehicle, and according to news reports accelerated at a high rate of speed when asked by officers to park the vehicle. This is when he reportedly sideswiped the police officer. News reports state that officers had told Addie repeatedly to park the vehicle.

After accelerating through the parking lot, Addie reportedly left the scene and was pursued by police for a short time. The chase ended at Saulk Trail Drive; Addie was eventually taken into custody by police after resisting arrest. He was freed on bond, and is scheduled for sentencing on June 13.

Michigan drivers license restoration lawyers know that when an individual has been convicted of operating while intoxicated repeatedly, that individual faces suspension or revocation of his or her license. Penalties for a third offense OWI or DUI include possible probation, up to five years in prison, and driver’s license revocation for 5 or more years among other things.

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On Thursday May 2, Troy police were set up on Interstate 75 near Coolidge when according to news reports a Chevy Malibu went zipping by at 86 mph, 16 mph over the posted speed limit. Police were conducting speed enforcement, and began a chase of the vehicle after tracking its speed.

Shemika Shanee Allen, a 33-year-old Pontiac woman, pulled over after officers pursued her vehicle; however, as the officer approached the vehicle, she allegedly accelerated and sped off back onto the highway. Police pursued Allen for six miles before she was finally stopped by four police vehicles that boxed her in. The incident happened at around 1:30 a.m.

A news article at Mlive.com states that there were 5 passengers in the vehicle with Allen, a 32-year-old man and four children in the back seat of the vehicle who were between the ages of 5 and 13. The breathalyzer test administered to Allen revealed that her blood alcohol level was .17 percent which is almost twice Michigan’s legal limit. She was charged with OWI (operating while intoxicated), her second offense.

Allen was also charged with OWI with a child less than 16 in the vehicle and fleeing/eluding police.
Michigan driver’s license reinstatement lawyers know that individuals who are convicted of a second drunk driving offense face serious penalties which include steep fines, possible jail time, community service and more. However, a second OWI offense may result in the individual’s driver’s license being revoked for up to one year. When a repeat offender’s license is revoked, he or she will have to go through the DLAD (Driver’s License Appeal Division) to have the license reinstated (which isn’t a guarantee) after having reached the eligibility date. This is a complex process which requires the guidance of a skilled lawyer.

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When your driver’s license has been suspended, it’s easy to break the law and continue to drive; after all, driving is a necessity and leading a normal life is almost impossible if you cannot get behind the wheel. The fact is, there are far more people who drive on a suspended license who don’t get caught – but when you do, the consequences may be serious. Driving on a suspended license is usually considered a misdemeanor offense for first-time offenders, however the penalties for someone who is a repeat offender will be more severe.

There are circumstances in which someone may drive not knowing that his or her license has been suspended. While this is not necessarily a solid legal defense, your Michigan driver’s license restoration attorney may be able to challenge any charges against you.

The consequences you face for driving on a suspended license depend largely on why your license was suspended, whether you are a repeat offender, and other factors. For instance, if an accident occurred while you were driving on a suspended license, you may face a felony charge. If anyone involved in the accident was injured, you could face penalties of up to 5 years in prison and fines of between $1,000 and $5,000. Even worse, if an individual lost his or her life because of the accident, you could spend as many as 15 years behind bars, and be required to pay fines of up to $10,000.

If you are simply caught driving on a suspended license during a routine traffic stop and are a first-time offender, the penalties you face include a fine of up to $500 and potential jail time of 93 days; however if it is a second offense, those penalties increase to up to 1 year in prison and/or $1,000 in fines. In addition, you may find that your auto insurance company raises your rates, requires you to purchase special coverage, or even drops you altogether.

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As all Michigan driver’s license reinstatement lawyers would agree, it is never a good idea to get behind the wheel after consuming alcohol. However, it happens every day and the majority of individuals who drive whether they feel completely sober or highly intoxicated somehow get ‘lucky’ and escape being pulled over by police. However, the more times you try your luck, to more likely it becomes that you WILL get caught – and then things begin to go downhill.

Many people who consume alcohol and drive think that the worst thing that could happen is that they will get pulled over by police on suspicion of drunk driving. While this certainly isn’t a good thing, there are many individuals who have ended up in far more trouble than having their driver’s license suspended or spending a few days in jail. Take for example David Johnson, who was recently sentenced to a minimum of 19 1/2 years in prison after causing a crash in Paw Paw, Michigan which ended in the deaths of three individuals. No doubt losing his privilege to drive is the last thing on his mind right now.

Thankfully, for most individuals who drink and drive the result isn’t so tragic. That being said, having your driver’s license suspended or revoked because of a DUI or drug offense is a very serious matter. When your license has been suspended due to multiple DUIs, getting it reinstated is definitely not a simple matter; there are very specific steps that must be taken, and even then there is no guarantee.

Individuals who wish to go before the DAAD (Driver Assessment and Appeal Division) to appeal the suspension of their license must have a skilled and experienced Michigan drivers license restoration attorney to guide them through the process, which can be quite complex. It isn’t enough to apologize and say you won’t do it again – you must prove your sobriety and convince hearing officers that you will remain sober.

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