Articles Posted in DUI Defense

As skilled Michigan driver’s license restoration attorneys, we understand that in the majority of cases individuals have their license suspended or revoked after repeated DUIs. We also know that many people have a notion that in order to have their license restored, they must attend AA (Alcoholics Anonymous). Even those who are aware that it is not a requirement that they are involved in AA to have their driver’s license restored believe that somehow it makes things “better” if they are.

We are not knocking AA at all; in fact, it is usually very beneficial for individuals who have an alcohol problem to join AA or a 12-step program. However, it is never a good idea to lie about your involvement with AA in your efforts to win your license back in a Michigan driver’s license appeal. You may think it makes you “look good,” but what will likely happen is that your lies will lead to your downfall. Why?

When you attend a driver’s license restoration heating, chances are the hearing officer will question you and ask for explanations if you claim you have been attending AA meetings. For instance, you may be asked about your involvement level, what you have discovered about your relationship with alcohol and how you intend to avoid relapse/triggers with the tools the program provides, etc. You may even be asked about specific steps in the program, where you are at, how you progressed through these steps, even what the steps actually are. This can be very intimidating when you have never attended, or it’s been a long time since you actually did.

When it comes to a Michigan license restoration case, involvement in AA is beneficial – but it is absolutely not a necessity. Michigan driver’s license restoration attorneys who are capable and very experienced in these types of cases can win an appeal the vast majority of the time without the client having been involved with AA. This is why it is so important that you never lie about it, as you will likely get yourself tangled up in a web that will only sabotage the chances of winning.

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Deerfield Elementary Principal Kim Warren was recently suspended after it was suspected that she was drinking alcohol on her lunch break. The Novi, Michigan elementary school principal was arrested for DUI after Novi police received a 911 call reporting an erratic driver, according to Police Lieutenant Eric Zinser. As of the most recent news reports charges had not been filed against Warren, however the Novi city prosecutor will review the case to determine if charges will be filed.

According to a news article at Mlive.com, Warren was found in the school parking lot sitting in her car following the 911 call. The school district said that she was suspected of being intoxicated and that an open container of alcohol was found in her vehicle. Warren was taken into custody by Novi police on Monday, and released that evening. Deerfield Elementary Superintendent Steve Matthews said that Warren made a poor decision, but that she did not enter the school building and remained in her car. She was taken into custody by police after they smelled alcohol and conducted field sobriety tests.

The school named Lisa Fenchel as Warren’s replacement while the school board makes a decision regarding whether she will remain employed. The school’s website was updated within hours of the incident, naming Fenchel as the interim principal.

While news reports state that Warren is “deeply regretful” of her actions, Matthews said that she made a horrible decision and will not return to the Deerfield Elementary school for a long time, if ever. Matthews issued a letter to parents and guardians of the students informing them of the situation and assuring them that Warren at no time during the incident came into contact with the students.

Warren has been employed as principal at the school for two years.

While it is a sad situation, Michigan driver’s license restoration lawyers know that if Warren is charged with DUI or drunken driving and convicted, she will face penalties including fines, jail time, and license suspension. It may seem that spending time in jail would be the worst punishment, however having your driver’s license suspended for 6 months is often the harshest punishment of all as it severely restricts your life.

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Ann Marie Cummins, a 44-year-old Rochester Hills woman, was recently charged with a second offense of operating while intoxicated and driving on a suspended license. Cummins pleaded not guilty before Magistrate Clement Waldmann in 52-4 District Court in Troy; her driver’s license has been suspended 24 times previously.

On Sunday March 31, Cummins was allegedly involved in an accident in which she rear-ended another vehicle and failed to stop. The driver of the vehicle that was rear-ended flagged down a Troy police officer and pointed out Cummins’ car. Upon being stopped by the officer, Cummins said that the reason she did not stop when she struck the other vehicle was because she knew she was not supposed to be driving.

During the course of the stop it was found that Cummins had a prescription muscle relaxer in her possession, and that her driver’s license had been suspended on 24 occasions. It was also discovered that six different law enforcement agencies had outstanding warrants for her arrest. Cummins was arrested for failure to stop and identify at an accident, driving while license suspended, and possession of a controlled substance after she told the officer she had no prescription for the muscle relaxers.

Michigan Secretary of State communications manager Fred Woodhams said that Cummins’ record indicates she is not able to register a vehicle due to the fact that her license has been suspended since 2005. He also said in a news article at the Oakland Press that those convicted repeatedly of driving on a suspended license may face two $500 driver responsibility fees, up to one year in jail, and a $1,000 fine.

Cummins may face additional criminal penalties for driving while license suspended because her driving privileges have already been suspended by the SOS, according to Woodhams.

While having a driver’s license suspended 24 times is highly unusual, Michigan drivers license reinstatement attorneys understand the importance of being able to drive. However, we also realize that many choose to do what this woman did – drive on a suspended license – out of simple need or necessity. This is very risky, and can lead to further legal complications.

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Many people equate having their driver’s license suspended with driving under the influence of alcohol or speeding, reckless driving, and other traffic violations. While drunk driving is the most common reason for license suspension, you may also face this sanction when you are charged with a drug offense in Michigan.

Most individuals consider the most obvious penalties when facing a conviction for drug possession, use, or distribution. These penalties often include jail/prison time and substantial fines, depending on the type/amount of drug involved and other factors. However, even a first-time offender will have his or her driver’s license suspended for six months, with eligibility to obtain a restricted license after 30 days. A second offense will mean a one-year driver’s license suspension, with eligibility to obtain a restricted license after 60 days. However, a restricted license is just as it sounds – very restricting. You cannot jump in the car and go about your business any time you get ready.

It is not required that you are driving while under the influence of drugs in order for your license to be suspended. The simple fact that you are convicted of a drug offense is grounds for suspension.

While it is critical that you obtain a skilled attorney to protect your legal rights if charged with a drug crime, there is another reason you need a capable lawyer – to protect your driver’s license. Often times an experienced criminal defense attorney is able to have the charges against the defendant modified, reduced, or even dismissed. This could mean that the sanctions against your license are eliminated, so you do not have to face being unable to drive for 30 or 60 days, followed by a long period of driving on a restricted license.

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As all Michigan driver’s license reinstatement attorneys know, this is the time of year when law enforcement really ‘cracks down’ on drunk drivers. Most high schools and colleges are on spring break at some point during March or April; the NCAA tournaments are taking place, and St. Patrick’s Day just passed. All of these occasions and events lead to more people getting behind the wheel after having a few drinks – something law enforcement officials are keeping a close eye out for right now.

Through April 8, more than 13,000 hours of added patrols are being conducted by law enforcement agencies across 26 counties in Michigan. These counties include Wayne, Washtenaw, Oakland, Kalamazoo, Saginaw, Ingham, Livingston and more. If you are arrested for drunk driving and your BAC (blood alcohol content) is over the legal limit of 0.08, you could find your driver’s license is suspended for 6 months, not to mention jail time, fines of up to $500 and other penalties. Until you lose your privilege to drive, you don’t realize how essential it is to living a normal life.

Last year during this same time period, nearly 2,500 individuals were arrested for drunk driving. Nearly 800 of those 2,500 were found to have BAC’s of .17 or higher, considered ‘super drunk’ in the state of Michigan, which typically means an individual will face additional criminal penalties. Even if it is a first offense, those found with a BAC of .17 or greater can face enhanced penalties.

During this time period, law enforcement officials will be looking for any reason to pull you over, meaning even the most minor traffic infraction such as not wearing a seatbelt may result in being stopped. If you are found to be what police consider ‘impaired,’ regardless of your blood alcohol content level, you may find yourself behind bars while you wait to see a judge.

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On March 25, 2012 two people died in a fatal car crash determined to have been caused by reckless driving. John Rick, a 19-year-old Jackson resident, was recently sentenced to 60 days in jail and one year of probation after the jury found him guilty on two counts of reckless driving; he was found not guilty on two charges of reckless driving causing the deaths of the victims, 20-year-old Dylan Briningstool and his girlfriend, Icy James.

At issue in the January trial was whether Rick’s driving was the direct cause of the deaths of his friends. Briningstool and Rick were driving at speeds of approximately 100 mph, both heading north in Waterloo Township on Mount Hope Road when the vehicles collided, sending both cars off the road. Briningstool’s brother was riding in the back seat of Dylan’s vehicle when they noticed lights ahead, and Dylan attempted to get back into the northbound lane, striking Rick’s Grand Prix. It was debated at trial whether Rick’s criminal liability in the accident was negated by Briningstool’s actions.

Ultimately, Rick was not held liable for the deaths; his attorney, Michael Falahee, said that “Rick feels terrible, and always will.” He said that the defense felt that the jury made the right decision in not finding Rick responsible for the deaths of his friends.

Jackson County Circuit Judge Susan Beebe told Rick “You made a very poor choice that ultimately ended up with someone dead.” Ted Briningstool, Dylan’s father, said that he prays that Rick will take away the lesson that speed kills from this accident. Chief Assistant Prosecutor Mark Blumer told the court that both Rick and Briningstool were responsible for the tragedy, and that both vehicles were driving at speeds of approximately 100 mph in a no passing zone when the accident occurred.

Rick’s driver’s license was also suspended.

While this is a horrible tragedy, Michigan drivers license restoration lawyers know that being denied the privilege to drive makes living a normal life virtually impossible. Individuals driver’s licenses are often suspended or revoked due to repeated DUI offenses, drug crimes, and reckless driving.

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Mayor Joe Baxter, Mayor of Scottville in Mason County, was found in October of 2012 to have alcohol in his system approximately 2 1/2 hours after crashing his truck into a ravine at about 8:30 on the morning of the 18th. On March 4, Baxter pleaded no contest to a charge of impaired driving in the 79th District Court in Ludington. Baxter was elected to a second term as Mayor on November 12 of last year.

Baxter’s blood alcohol level was found to be .072 percent at the time he took a breathalyzer test. In Michigan, the legal BAC (blood alcohol content) for an individual operating a vehicle is .08 percent; however, a news report at Mlive.com stated that it is not unusual for results of .072 to be a consideration for a charge of impaired driving by the prosecutor’s office, according to an area attorney and local law enforcement.

Baxter’s defense attorney, David Glancy, said that his client had accepted responsibility for the accident; he also said that medications Baxter takes for chronic lung disorders could have affected the results after taking the breathalyzer test. Baxter claimed that he had consumed about a pint of whiskey the evening prior to the accident, but had not consumed any alcohol the morning of the accident. Baxter was ordered to pay court costs, $1,145 in fines and sentenced to 93 days discretionary jail time. According to Press, he was also ordered to attend a highway traffic safety program and the Victims’ Impact Panel.

While it was not likely the case in this situation, drivers who are found to have a BAC of .08 percent or greater usually face an additional penalty of having their drivers licenses suspended. This creates an incredible hardship on an individual’s life. Driving is a privilege, and when that privilege is taken away it is nearly impossible to live a normal life in regards to getting to and from work, school, or for other important appointments/family issues.

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On Saturday February 23, a Comstock Park man crashed his vehicle into a tree on South Nevins Road in Sidney Township; the 34-year-old man was allegedly driving with his son, who is four years old, on his lap. Police pursued the man for a short while; after apprehending him, police say the man got into a fight with a sheriff’s deputy, leaving the deputy injured. The suspect faces multiple charges according to news reports at Mlive.com.

The suspect refused to pull over when the sheriff’s deputy began pursuing him after noticing heavy front-end damage on the man’s 1994 Chevrolet Suburban. The suspect eventually stopped upon arriving at his mother’s home on South Nevins. A fight began after the suspect refused to comply with the deputy’s order; the man was arrested and charged with driving on a suspended license, fleeing and eluding, transporting open intoxicants, resisting and obstructing, and child endangerment. Police believe that the suspect had been consuming alcohol, which contributed to the accident. The little boy was not injured in the crash, although the seat belt was not used. Reports at Wood TV claim that the boy was driving the SUV when the crash occurred.

News reports state that police reports regarding the incident will be forwarded to both child protective services and prosecutors, and that the suspect may face additional charges.

Michigan criminal defense attorneys know that individuals charged with fleeing and eluding, child endangerment and other criminal offenses face serious penalties if convicted. Because the suspect in this case was charged with driving on a suspended license, he will likely face an extended period of suspension. In Michigan, individuals accused of this offense may face fines, jail time, and a like-kind suspension that essentially doubles the original length of suspension.

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On Valentine’s Day, a Pittsfield Township police officer was struck by a suspected drunk driver in the drive-thru of a Burger King restaurant located almost directly across the street from the police station. The suspect fled the scene, leading police on a short chase. The incident occurred at approximately 1:40 p.m. at the Burger King restaurant located at 6190 W. Michigan Avenue. The officer who was struck sustained minor injuries, according to news reports at AnnArbor.com.

Gordy Schick, Pittsfield Township Deputy Police Chief, reported in a statement that there were two men who were going through the drive-thru window in a 2003 Ford Taurus, and that the men were “causing a disturbance with employees.” The man who was driving was not identified in news reports, but was said to be a 40-year-old Ypsilanti man. He was told by police to park the car, but did not obey orders, according to Schick. The driver of the Taurus then raced through the parking lot at a high rate of speed, striking an officer and knocking him to the ground before leaving the restaurant.

A brief chase ensued which ended shortly thereafter at Michigan Avenue and Saulk Trail Drive. The driver was taken into custody after initially resisting arrest; Schick said that the passenger in the vehicle likely would not be charged in the incident. Police suspect that the driver of the Taurus was intoxicated; charges are pending as the investigation into the incident continues.

Michigan drivers license restoration attorneys know that while individuals who are charged with drunken driving or DUI usually face severe criminal penalties such as fines and potential jail time, one penalty that many never consider is having their driver’s license suspended. This can create a hardship, hindering the individual’s ability to work, take care of family needs, and basically live a normal life. The process of having your driving privilege restored is not always an easy one.

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If you have been convicted on charges of DUI multiple times in Michigan, your driver’s license may have been revoked. While you may not have given it much thought, if you decide to move to another state it won’t be as easy as applying for a driver’s license in that state. In fact, it’s quite a complex process to have your driving privilege restored; this is why it is recommended that you consult with a Michigan driver’s license restoration attorney.

So, what exactly happens if you establish residency in another state and your drivers license has been revoked in Michigan? Essentially, you must complete a Michigan drivers license restoration appeal successfully in order to obtain clearance. If the process goes smoothly (which is not a given), the way should be cleared so that you can obtain your license in the state you have relocated to.

Basically, there are two options for having your license restored in Michigan, so that you can obtain a driver’s license in your new state of residence. You may choose to file an administrative review, which is done through mail and bypasses the appeal hearing, or you may attend the live hearing in person. Either way, there is a substantial amount of documentation necessary to be successful in having your license restored. Your Michigan driver’s license restoration lawyer can guide you through the process to ensure that you have completed all required documentation correctly, so that you have the best chance of success.

Whether you choose to file an administrative review by mail or attend the hearing in person, you will be required to submit documents which support your sobriety. These documents may include letters from family members, sign in sheets demonstrating your attendance at AA meetings, or treatment records. You must also submit a Substance Use Evaluation which will be provided by a substance abuse counselor. Depending on your own particular situation, there may be additional documentation required; your attorney can help you to ensure all of the necessary support documents are filed.

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