Articles Posted in DUI Defense

On Wednesday, February 6, an Indiana man with no driver’s license lost control of his vehicle and landed in a ditch approximately one mile west of U.S. 127 following a high-speed case with Michigan state police. The man, 30-year-old Devon Dale Schwartz of Nappanee, IN was initially pursued due to having dark tinted windows on his vehicle; now he faces charges of delivery/manufacture of methamphetamine according to Cadillacnews.com.

State police attempted to pull the driver of the 1996 Buick over near the Boon Road exit on southbound U.S. 131. Schwartz then accelerated, leaving the expressway at M-55 and continuing in an eastward direction at speeds of 100 mph and higher. As police continued in pursuit of the Buick, they headed north through Lake City on M-66, then back east again on M-55 where speeds reached 105 mph and more according to news reports.

Eventually, Houghton Lake state police set up Stop Sticks to deflate the tires of the vehicle in order to stop the driver. This was done in Roscommon County on M-55 near County Road 300. Upon hitting the Stop Sticks, Schwartz lost control. The chase spanned three counties including Wexford, Missaukee, and Roscommon. The suspect was initially charged with having no driver’s license, tinted-window violation, and fleeing/eluding police, although it was discovered later that he is suspected of dealing drugs.

Schwartz was arraigned in Wexford County’s 84th District Court and is being held on $2 million bond.

It isn’t clear whether the driver in this incident has ever had a driver’s license, as news reports simply state he had no license. However, as Michigan driver’s license restoration attorneys we understand the obstacles individuals who have had their licenses suspended or revoked face. Without a license, the common tasks of everyday life become difficult or impossible.

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Daniel Trevino, a Lansing man who owns HydroWorld stores in Grand Rapids, Jackson, and Lansing, will be put on trial for fleeing and eluding police in an incident that occurred on New Year’s Day, according to news reports at Mlive.com. Trevino sells medical marijuana at the chain of stores. A judge ruled that there is enough evidence to put Trevino on trial after he allegedly failed to stop for a traffic infraction and then proceeded to damage an officer’s patrol car before speeding off.

News reports state that Trevino was observed driving an extensively damaged vehicle by a Lansing patrol officer on New Year’s day in the area of North Grand River Avenue. According to the patrol officer, the vehicle was missing a wheel, rear bumper, and driver/passenger side panels. As the officer attempted to pull Trevino over, he would not stop initially, but pulled over after being pursued for several blocks.

Upon getting out of his patrol car, the officer claimed that Trevino put his vehicle in reverse, ramming it into the patrol car. He then allegedly sped off with the officer in pursuit. Trevino came to a stop after approximately two blocks in the 4000 block of North Grand River Avenue, where he was placed under arrest by the officer. Trevino was ticketed after refusing to take a breath test according to court records. After posting 10% of a $10,000 bond, Trevino was released from jail the following day.

Lansing District Judge Hugh Clarke stated that as a condition of his bond, Trevino is prohibited from using alcohol and controlled substances which are not prescribed to him. Third-degree fleeing and eluding police may subject individuals in Michigan who are convicted to up to five years in prison and a $1,000 fine.

While news reports do not mention it, Michigan driver’s license restoration lawyers know that in Michigan, individuals who refuse to take a breath test could face license suspension for up to two years. While this may seem minor in comparison to prison time, driving is an essential privilege; without this privilege, an individual’s life is severely impacted.

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Michigan driver’s license restoration attorneys know that there are many reasons that individuals’ licenses are suspended. Most people assume that a driver’s license will only be suspended or revoked if they are convicted on charges of DUI, reckless driving, or other traffic violations. The fact is, your license may be suspended for a number of reasons, which we will discuss below.

In the United States, all states have laws which allow an individual’s license to be suspended for reasons which are not related to driving, at the discretion of the state’s motor vehicle agency or courts. Some of the circumstances that may result in your driving privileges being suspended include:

 Failure to maintain proper auto insurance
 Failure to comply with an order for child support
 Failure to appear in court when you have been summoned for a moving violation
 Offenses committed by minors which are drug or alcohol related, other than DUI
 Fraudulently applying for a driver’s license or fraudulent vehicle registration documents
 Unlawful use of or altering of driver’s license
 Convictions for offenses which are drug-related, such as possession, distribution, or other offenses not related to DUI
 Fictitious license registration, inspection, or plates
 Delinquent conduct by a minor
Not all of these reasons for license suspension apply in every state, but most do. Other than DUI or reckless driving, your license may also be suspended for an extended amount of time if you are found driving on a suspended license. Leaving the scene of an accident and accumulation of points on your driving record for “countable” violations and/or accidents will also leave you with a suspended driver’s license.

An experienced Michigan drivers license restoration lawyer understands that having the privilege to drive is essential; it is a lifeline that is critical to living a normal everyday life, so that individuals can get to and from work or school, attend doctor appointments, go to church, run errands, pick up the kids from school and more.

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A 28-year-old Pontiac woman was recently arrested after plowing her vehicle into a parked police patrol car, according to Detroit News. The woman, who had an 8-year-old child in the vehicle at the time of the crash, was allegedly driving drunk; her driver’s license was also found to be suspended.

According to a news release issued by the Oakland County Sheriff’s Department, a deputy had parked his patrol car at approximately 1 a.m. on Saturday, January 12, when he heard a vehicle accelerating at a high rate of speed, followed by a crash. The driver of the vehicle and the child were not injured; the woman was taken to the Oakland County Jail after being arrested for child endangerment, driving on a suspended license, and drunken driving.

Michigan driver’s license restoration attorneys certainly do not condone driving in an intoxicated state at any time, particularly with a child on board. However, we do know that having your driver’s license suspended can create a hardship; we depend on our privilege to drive for many things in life, including getting to and from work or school, running errands, attending doctor’s appointments, chauffeuring the kids around from one practice to another, even simple things like buying groceries. Being without a driver’s license and having to depend on others is extremely difficult.

Many people drive on a suspended license (which is not encouraged) out of necessity. There are situations in which an individual may encounter a family emergency, or be forced to drive to work or school when someone who normally drives that person is unable to do so for one reason or another. Regardless, it is important that when you are caught driving on a suspended license, you seek legal guidance from an experienced Michigan driving with a suspended license attorney, who will work to determine if there may be an effective defense which could prevent a delay in having your driving rights restored.

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Recently, Reverend Peter Petroske pleaded no contest to charges filed against him last summer for driving drunk while naked. Petroske was placed on administrative leave from the Sacred Heart Catholic Church by the Archdiocese of Detroit. He was order to pay $1,200 in fines along with court costs, ordered to attend Alcoholics Anonymous meetings and sentenced to 12 months’ probation. While it isn’t mentioned in news reports, it is likely that the priest’s driver’s license was suspended, another penalty those who are charged with drunk driving face.

Michigan drivers license restoration attorneys know that while to some, having their license suspended may seem like the least of their worries, it’s far more serious than it appears on the surface. Being without a driver’s license seriously impacts your life, making it illegal to drive. This impacts an individual’s life in many ways, as driving is a necessary privilege in order to attend school, get to work, doctors appointments, etc.

A pretrial hearing was scheduled for Petroske on October 25 of 2012, but he did not appear due to the fact that he had voluntarily checked himself in to an in-patient alcohol rehabilitation center. Judge Richard Wygonik ordered that Petroske attend the next scheduled hearing on December 27, which he did. Petroske declined addressing the court when asked by the judge if he wished to.

On August 2, 2012, Petroske was pulled over near Sacred Heart near Garrison and Howe streets. He reportedly told officers when questioned about being naked that “I was uh . . . hot . . . I like to drive around naked. I don’t know what to say . . . I’m embarrassed.”

In the state of Michigan, a blood alcohol level of 0.08 percent or higher is considered drunk; Petroske’s measured 0.09 percent. Petroske was apprehended when an unnamed man called 911 to report that he saw someone driving naked near Michigan Avenue and Telegraph Road.

It isn’t often that you read a story like this, but it is an unfortunate incident that no doubt Petroske regrets.

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Elvin W. Kizziar, a 36-year-old Plainwell man, was recently involved in an accident that left his 42-year-old wife dead. Kizziar was driving on a suspended license at the time of the accident in which his vehicle left the road and struck a tree. The accident occurred the day after Christmas according to news reports, which also indicated that other factors contributed to the crash following blood tests performed by the Michigan State Crime Lab.

Prairieville Township Police indicated that Kizziar was driving near Kane Road in an eastbound direction on Cressey Road when he lost control of the vehicle. Melissa Jo Ulferts, Kizziar’s wife, suffered head and internal injuries, and was pronounced dead just after emergency responders arrived. According to Fox 17 news, snow may have also contributed to the accident.

Kizziar suffered only minor injuries in the accident, and was arrested. He was charged with driving on a suspended license causing death, and was being held at the Barry County Jail. The accident was still under investigation at the time of news reports.

While the unusual circumstances surrounding this accident will likely leave Kizziar facing serious criminal charges, Michigan driving with a suspended license attorneys know that under ordinary circumstances, individuals caught operating a vehicle when their license has been suspended or revoked may also face serious penalties.

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On November 4 of this year, Denard Robinson was cited in Bath Township for expired registration tags and driving on a suspended license after he was stopped for failing to signal a turn. This was Robinson’s first brush with the law according to news reports, which state that Robin pleaded guilty to the charge of driving on a suspended license.

Robinson was pulled over by police in East Lansing, commonly known as Spartans territory. Lt. Lyle Lindemulder of the Bath Township Police said that Robinson was cooperative when police arrested him, but did not reveal why his driver’s license had been suspended. Reports do say that it was a suspension, and not a revocation. Lindemulder said that “a license can be suspended for a number of reasons.”

Because Robinson pleaded guilty to the charge, he will be able to travel with the Michigan Wolverines and play against South Carolina in the Outback Bowl. Robinson will face no punishment from the school because he paid the fine that was imposed on him, according to David Ablauf, a Wolverines spokesman.

CBS News reported that after pleading guilty, Robinson paid $65 for the expired registration tags, along with $870 in other fines and court costs.

Michigan driving with a suspended license attorneys know that the penalties for such an offense are serious. While Robinson paid substantial fines, many people who are arrested for driving on a suspended license face jail time, and have the original suspension period doubled. Before you plead guilty or pay any fines, consult with a lawyer who may be able to get the charges against you dropped, or penalties reduced.

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On Tuesday December 18, two people ended up in the hospital following an accident that Michigan State Police suspect may have been caused by drunk driving. The accident took place on eastbound M014 near Barton Drive at approximately 10:45 in the evening.

While names of those involved have not yet been released, police say initial evidence at the scene led them to believe that alcohol may have been a factor in the accident. News reports state that according to investigators, an Ypsilanti man and woman were taken to the University of Michigan Medical Center due to injuries they sustained in the crash. Their medical conditions were reported as serious at the time of publishing.

The Ypsilanti couple were passengers in a vehicle driven by a Livonia man; news reports do not reveal whether he was injured. There was only one car involved in the accident according to Detective Sgt. Angela Hunt. Joyce Williams of Huron Valley Ambulance told reporters that the two injured victims had to be extricated from the vehicle after being pinned in.

If it is determined that the driver of the vehicle was driving while under the influence, he may face criminal charges including jail time, fines, and possible suspension of his driver’s license. Should the individuals who sustained injuries succumb to those injuries, he could face manslaughter charges as well. It’s difficult to determine all of the charges he may face without all of the facts surrounding the case.

Michigan suspended license lawyers know that a suspended or revoked license places a difficult burden on an individual. We depend so much on being able to drive from one place to another. When your license is suspended, it can impact your career and ability to live a normal life. Those who have had their driver’s license suspended cannot jump in the car at a moment’s notice to go to the supermarket, pick up the kids from school, or for other purposes.

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On November 30, Mason police officers were dispatched to the scene of a hit-and-run crash on E. Maple Street. The driver had apparently fled on foot after backing another friend’s car into a car which was parked on a curb on the other side of the street.

The woman who called police said that the suspect was her boyfriend, and that the car that was struck was hers. The suspect had allegedly been moving another friend’s car from the driveway when he accelerated and rapidly crashed into the parked car while in reverse. The suspect, whose identity was known, fled the vehicle and ran between residences. When officers arrived at the scene, they searched the area but could not find the suspect.

Upon returning to the complainant’s home, an officer could hear the suspect and the woman talking as the man who crashed the car was telling the complainant about his plan of escape. The officer could see the suspect inside the home; upon knocking on the door and announcing they wanted to speak to the suspect, officers were told by the complainant that he was not there. Officers told the woman that they knew otherwise, and she led them to where her boyfriend was hiding.

As police officers ordered the suspect to come out, he complied and did not resist arrest. Police charged the minor with reckless driving, driving while suspended, violation of probation, minor in possession by consumption, and leaving the scene of a crash.

Michigan driver’s license restoration attorneys know that driving on a suspended license is serious, and incurs severe penalties for those convicted. Many individuals who are caught driving while suspended will face fines, jail time, and doubling of the original license suspension.

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OWI, DUI and other drunk driving offenses are extremely common in Detroit, Grand Rapids and other areas in Michigan, and police crack down hard on individuals who get behind the wheel in what they believe to be an inebriated state. If you are convicted on a charge of operating while intoxicated, you will face serious penalties which may include jail time and fines. However, possibly the worst penalty of all is losing your driving privileges.

We are a society that thinks nothing of hopping in the car at a moment’s notice when we need to run to the store, to get a bite to eat, or go visit a friend. Driving is a necessity for going to work, shopping, taking the kids to school – it’s in the fabric of our daily lives. When your driver’s license is suspended because of drunk or reckless driving, it can be devastating. This is particularly true if driving is part of your job. Can you get your driver’s license back after it has been suspended or revoked? It depends, but often the answer is “yes.”

Michigan driver’s license restoration attorneys know that having your license revoked is a bit more serious than having it suspended. When a license is suspended, there is a usually a specific window of time in which the license will remain suspended such as 30 days, followed by a restriction of 150 days. When an individual is found to have a BAC of .17 or higher while operating a vehicle, their driver’s license may be suspended for one year, if that individual does not consult with an attorney who can help him or her obtain a restricted license.

License suspension is bad enough, however when your driver’s license is revoked, regaining your driving privileges can be a tough challenge. The steps required to get your license back once the minimum revocation period has expired are complex, which is why it is important to obtain the services of an experienced lawyer. You will need to make a request to have your license reinstated to the Secretary of State’s office, which requires a DLAD hearing. Additionally, you must provide proof that you are no longer a risk in terms of drinking and driving; much like a court action for other criminal offenses, you will have to argue your case and produce evidence to satisfy examiners that you will not repeat your mistakes. Even after all of this, there is no guarantee that your license will be reinstated.

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