Articles Posted in DUI Defense

A West Olive Michigan teen has had her driver’s license suspended following a crash that resulted in the injury of friends who were passengers in the car she was driving. Danielle Michaels, 17, was driving herself and a group of friends to a Michigan State University basketball game when the crash occurred.

The crash took place on March 16th when Michaels and four other girls were headed to the game on eastbound I-96 near Lowell. The SUV crossed the median and rolled over; all five girls were rushed by ambulance to area hospitals. Investigators stated that the SUV struck the turnbuckle at the beginning of the cable barrier, then crashed through, eventually flipping over the cable barrier on the west side. Three girls who were riding in the back seat were ejected from the vehicle; they were allegedly not wearing seatbelts.

News reports at the time of the crash in March stated that all five of the Grand Haven High School students suffered serious injuries. On Thursday, November 15, Danielle Michaels was put on probation for a minimum of 6 months, and ordered to perform 40 hours of community service. Her driver’s license was also suspended. Michaels was also ordered to attend a driver improvement course and counseling, and will issue apology letters to all of the teen girls who were injured in the crash.

According to police reports Michaels was speeding at the time of the accident, talking with her friends and using a cell phone, although reports do not indicate whether she was texting or talking on the cell phone.

Michigan driver’s license restoration attorneys understand how tragic this situation is. Young adults often have the feeling they are invincible, that nothing bad will happen – but it does.

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A 71-year-old man was arrested recently after Michigan State Police responded to reports of a vehicle heading into oncoming traffic on Interstate 75 between Frankenlust Township and Kawkawlin Township, approximately 90 miles northwest of Detroit.

After receiving calls reporting the wrong-way driver, troopers located the vehicle in Kawkawlin Township just south of Beaver Road on I-75. The elderly man was heading north in southbound lanes, and had driven 13.1 miles on the interstate before being apprehended. Luckily, no accident or injuries were reported.

The man, who was not named in news reports, is an Alger resident. He was reportedly traveling from Saginaw to Alger when the incident occurred. Upon his arrest police took the man to the Bay County Jail where he spent the night, and was expected to face a charge of reckless driving on Tuesday, November 13.

Troopers also reported that drivers in the southbound lanes had to drive cautiously, flashing their headlights repeatedly in order to avoid a collision with the man’s vehicle. No drugs or alcohol were involved in the incident according to troopers, who also said a medical emergency was not a factor.

Penalties for a conviction on charges of reckless driving include a fine of up to $500, up to 93 days in jail and points on the individual’s driving record. Penalties for repeat offenders or those who have been charged with an additional offense may be even more severe. However, Michigan driver’s license restoration attorneys know that often, the harshest penalty is a hard suspension of the individual’s driver’s license for 90 days. Not being able to drive to work, to doctor appointments, to shuttle the kids or for any reason is a great hardship on most people.

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James “Jimmy” Franklin Williams, a 16-year-old Huron Township High School junior, died in an accident on Sunday evening November 18 as he and his family headed to Florida on vacation. The family was planning to cruise to the Bahamas; in all, there were 7 people in the vehicle that ultimately crashed in Fairfield County, S.C. on Interstate 77.

Another man has since been charged with driving under the influence. The Williams family was driving a Dodge Durango en route to Florida when a 2000 Saturn struck their vehicle. It was driven by 34-year-old Ricky Lance Deel of Beaufort. Deel was charged with felony DUI.

News reports state that Williams was one of the most popular students at Huron Township High School, and that he was a football player; he was ejected from the Durango when the crash took place.

Williams’ mother, father, and siblings were also injured in the crash, as was a recent graduate of Huron High School, Shannon Henry. Williams’ father underwent surgery after suffering serious head injuries in the crash.

Deel was transported to the Fairfield County Detention Center following his arrest, where he remained in custody on Monday.

Michigan criminal defense lawyers know that a felony DUI is serious; those convicted may face as many as 5 years in prison, and have their driver’s license suspended with no chance of obtaining even a restricted license for five years. However, in cases such as the above where the defendant may be facing additional charges of vehicular assault or manslaughter, the penalties will be much more severe. If convicted, individuals face up to 15 years in prison for DUI causing death under Michigan law.

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Many individuals earn a living by driving, such as truck drivers, UPS and FedEx drivers, individuals who provide transportation services for the elderly, cab drivers, etc. For those people, losing the privilege to drive can mean the end of their careers. As Michigan driver’s license restoration attorneys, we understand the devastating impact this can have on an individual’s life and future.

Individuals who operate commercial motor vehicles and who are convicted of certain traffic violations are generally subject to harsher penalties than those who operate non-commercial vehicles.

Some of the traffic violations that may result in the suspension of your CDL include driving at speeds of more than 15 mph over the posted limit, improper or erratic change or use of lanes, careless driving, following too closely or being at fault in an accident that results in a fatality. Drivers who are arrested and subsequently convicted on these offenses will face a license suspension for 60 days if there have been two violations within a 3 year period in separate incidents. However, if there have been three or more violations within a 3 year time period which occurred in separate incidents, your CDL will be suspended for 120 days.

Other violations are even more serious, and can result in suspension of your CDL for 3 years if your work involves transporting hazardous materials. Otherwise, a first violation for operating under the influence, fleeing or eluding police, leaving the scene of an accident you were involved in, manslaughter, or the commission of a felony while operating a commercial motor vehicle will result in a one year suspension. Commit two of these violations in separate incidents, and your CDL is revoked for at least 10 years.

Michigan driver’s license reinstatement lawyers know that it is imperative that individuals who depend on a CDL for income take great measures to protect their driving privileges. This includes a regular operator’s license, as if this license is suspended, the CDL license will be suspended as well. However, suspension of a CDL license does not mean your operator’s license will be suspended.

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In late October, an accident in which a pickup truck rear-ended a car on eastbound I-96 in Novi resulted in the arrest of a man who was allegedly intoxicated and subsequently charged with OWI (operating a vehicle while intoxicated). While the driver who was struck suffered neck pain and other minor injuries according to news reports, it’s likely that the man arrested for OWI will have his driver’s license suspended or even revoked, depending on his criminal history.

Michigan driver’s license restoration attorneys know that while jail time, fines and other penalties are often severe, perhaps the most severe of all is losing the privilege to drive. Driving is a right that most of us take for granted; until it is gone, we often don’t realize just how it impacts our lives and ability to work, attend school, or simply run to the grocery store.

According to news reports, the accident occurred at approximately 1:30 a.m. on October 21 on I-96 east of Novi Road. The car that was struck sustained heavy rear-end damage; the driver was transported to Providence Park Hospital via ambulance. A witness told police that the suspect was driving erratically and that as he had pulled over when the accident took place, he suspected the driver of the pickup was intoxicated.

Sobriety tests conducted by police revealed that the driver of the pickup had a blood alcohol level of 0.207, more than twice the legal limit of 0.08 in Michigan. Police also found a receipt indicating the man had more than 12 shots at a local grill in Commerce Township earlier in the evening. A bottle of cold beer that had been opened was also located in the pickup.

After being arrested on charges of OWI, the man’s case was turned over to the Oakland County Prosecutor’s Office for further review for any possible additional charges.

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Michigan suspended license attorneys know that even for first-time offenders, the penalties individuals face when convicted of drunken driving are harsh. Recently, Michigan running back Fitzgerald Toussaint was sentenced by Saline District Judge Kirk Tabbey following his July arrest in which he was stopped for running a red light and found to be under the influence. According to news reports, Toussaint’s BAC (blood alcohol content) was 0.12 percent, 0.04 over the Michigan limit of 0.08.

Toussaint is now required to attend 10 AA meetings, undergo random alcohol and drug tests for 90 days, and pay $1,488 in fines and court costs. Toussaint was sentenced on Tuesday, October 23rd. After being stopped for running a red light, Toussaint admitted that he had been drinking brandy. While news reports do not mention it, many individuals have their driver’s license suspended or restricted for a specified period of time, depending upon the circumstances.

In Michigan, your driver’s license may be restricted for 90 days for a first OWVI (operating while visually impaired) offense. However, an individual who is convicted of OWI (operating while intoxicated) because of OUIL (operating under the influence) or BAC (blood alcohol content) may have his or her license suspended for 30 days, followed by 150 days of license restriction. For a second offense, an individual’s driver’s license will be revoked for a minimum of one year.

If you refuse a chemical test, your license will automatically be suspended and you have only 14 days to request an implied consent hearing. There are so many complexities involved when your license has been suspended or revoked; it’s extremely difficult to navigate the legal process without the support and guidance of a skilled attorney.

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Michigan driver’s license restoration attorneys know that the most important factor in getting your driver’s license restored when it has been suspended because of DUI/OUI is your ability to remain sober. Any driver can claim that they no longer drink, and will not pose a risk on the roads. Simply saying that you are now sober won’t get the job done. Examiners at your DAAD hearing will want proof that there is a low risk of you getting behind the wheel after you have consumed alcohol, and subsequently being charged with DUI or OUI again.

Have your driver’s license restored is not an easy task; it is essential that you obtain the guidance of a skilled Michigan driver’s license restoration lawyer who can ensure that you are well prepared, and that all necessary documentation has been gathered.

When you attend your DAAD hearing, Hearing Officers will demand that there is clear evidence that your alcohol problem is currently under control, and that (perhaps even more important) you are not likely to consume alcohol in the future.

Essentially, living a sober lifestyle is the key to having your driver’s license restored. While it may sound like an impossible accomplishment, as time goes by remaining sober becomes second nature. If you’re someone who usually drinks and parties on the weekends, it’s hard to imagine facing the weekend without a drink. How will it feel to spend the weekend in a sober state of mind? What will your friends think? This brings us to another point.

It’s likely that in order to maintain your sobriety, you will need to find a new set of friends. Hanging out with people who drink while watching a movie or football game, or who like to make the rounds to all of the clubs on weekends will make your efforts to remain sober nearly impossible.

Essentially, you will need to change up your “routine,” not going to those places that tempt you to drink. Whether you drink every day of the week, only on weekends, are a closet drinker or even a “binge” drinker, it’s important that you avoid those people/circumstances/places that are a temptation.. For instance, you wouldn’t want to make a stop at the liquor store you usually frequent to buy a coke or package of nuts. Avoid temptation, and it’s easier to avoid a relapse.

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If you are caught driving on a suspended license, whether you knew it was suspended or not, you could be facing serious consequences. Michigan driver’s license restoration attorneys know that you potentially face a criminal charge if you are found to be driving on a license that has been suspended or revoked, regardless of the reason.

The fact that you were not aware that your license was suspended is not always an effective legal defense. If you were not aware that your driver’s license was in fact suspended, you may wonder how or why you lost your driving privileges. Generally, those who are not aware of license suspension have committed an offense (or multiple offenses) which may include driving without insurance, reckless driving, DUI or OWI, or even moving violations or unpaid traffic tickets/citations. You could absolutely face jail time if caught driving with a suspended or revoked license.

What is the difference between license suspension and revocation?

When your driver’s license is suspended, it will be automatically reinstated once the suspension period is up. You will likely be required to pay any driver responsibility fees that apply, and a $125 reinstatement fee.

Having your license revoked is far more serious, and having your license restored requires a process that is quite complex and includes reinstatement hearings, a mountain of paperwork and more. It is advised that you have a Michigan driver’s license restoration attorney guide you through this process for the best possible outcome.

What happens when you are caught driving on a suspended license?

You may be facing any number of penalties, depending upon the circumstances. When an accident is involved and you were driving with a suspended license, you may face felony charges; depending upon whether anyone was injured, you could face fines of as much as $5,000 and up to 5 years in prison. Even worse, someone could lose their life in an accident – and you could be required to pay as much as $10,000 and/or spend up to 15 years behind bars.

Other than monetary fines and/or jail/prison time, your auto insurance provider is apt to raise your insurance rates and could even decide it’s best to completely drop coverage.

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On Tuesday, September 25th, state Representative Bob Genetski, R-Saugatuck, was convicted on charges of drunk driving for an incident that took place in January of this year. On January 19th, Genetski was arrested after failing a field sobriety test by a Michigan State University police officer. News reports state that Genetski’s blood-alcohol level was 0.08% 90 minutes after he was arrested.

Genetski was charged with misdemeanor drunk driving. Typical penalties for this charge are a $500 fine, jail time of as much as 93 days, and up to 360 hours of community service. In most cases, those convicted on a first-time offense do not spend time in jail. In Genetski’s case, his driver’s license was suspended in March by the Secretary of State because Genetski allegedly refused a Breathalyzer test. However, Genetski was granted driving privileges for court and work purposes by Ingham Circuit Judge William Collette.

According to newspaper reports, Genetski sat without expression as jurors were polled by the judge following deliberation. All six jurors replied “guilty” to charges of operating while intoxicated.

Mike Nichols, Genetski’s attorney, told reporters that he expects the sentencing hearing to take place sometime in the next 30 to 45 days. Genetski will face election in just a few weeks; it is anyone’s guess what the impact of his conviction will be to his career.

While it’s true no one wants to spend time in jail after being convicted on drunk driving charges, having a driver’s license suspended, even though it may seem minor, can be truly devastating to your everyday life. While you may be allowed to drive on a limited basis (to work, school, etc.), you don’t realize how essential to your life having the right to drive anywhere you like is, until you lose it. Many people have their licenses suspended or revoked every day, often related to traffic offenses such as DUI, speeding, reckless driving, etc.

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You can take a “do-it-yourself” approach to getting your driver’s license reinstated when it has been suspended, but it’s really a bad idea. In the majority of cases, filing a Michigan driver’s license restoration appeal without the benefit of an experienced attorney ends up in a loss. What happens next? What should have happened in the first place – you end up looking for an attorney to help you appeal. However, once you’ve lost in your DAAD License Hearing, it’s nearly impossible for even an attorney to get your license reinstated.

Why? When you lose your Driver Assessment and Appeal Division license hearing, your testimony and other necessary documentation (substance abuse evaluation, letters of support, etc.) are locked in to the evidence. Upon an additional appeal to the court by your attorney, all that will be done is a brief review of the evidence already filed in the DAAD appeal and the hearing transcript; this review is performed to determine if there may have been a legal error – which there rarely is.

Essentially, you’ve wasted your money taking the “do-it-yourself” approach to have your license reinstated, you still don’t have a valid driver’s license, and you will not be able to appeal for another year. Unfortunately, when individuals decide to “play” lawyer in order to avoid spending the money to hire a capable Michigan driver’s license reinstatement attorney, they basically end up throwing what money they do spend away. Unless you possess incredible legal knowledge regarding the countless rules and procedures that apply when filing an appeal, you’re wasting your time, energy and money.

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