Articles Posted in DUI Defense

As Michigan driver’s license reinstatement attorneys, we know that the majority of individuals who have had their driver’s license suspended will drive at some point, usually out of necessity. You get behind the wheel, tell yourself everything will be okay as long as you obey the speed limit and other traffic rules. It’s understandable in certain situations, such as when there is an emergency, you have no alternative way to get to work, etc. However, when you’re caught, the consequences are serious.

Most people assume that having their driver’s license revoked is more serious than having it suspended, and it is. Revocation generally occurs when you have been arrested, for instance, on multiple DUI charges. Your license may be suspended for failing to appear in court, a single DUI or unpaid tickets. However, if your license has already been suspended or revoked and you are caught driving, the punishment will be the same, as these offenses violate the same rule of law.

When you drive knowing that your license is not valid, you realize you’re taking a risk but hope you will not get caught. What happens when you’re headed toward your destination and see the dreaded flashing lights coming up behind you? Most likely, you try quickly to come up with a valid reason, such as you are on your way to work. It wouldn’t be very impressive to the police officer if you were to tell him/her you were on your way to a friend’s house or worse yet, a bar.

Ultimately, what may happen if you are driving against all odds, and get caught driving on a suspended or revoked license? If it is your first offense, you may face up to 93 days in jail, a fine of up to $500, 2 points added to your driving record and a driver responsibility fee of $500 that will apply for two years. With a second offense, your vehicle will be immobilized for 180 days, you could spend 1 year in jail and be fined as much as $1,000, plus the driving record points and drivers responsibility fee mentioned above. As you can see, the penalties are harsh.

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While DUI deaths and arrests have decreased over the past couple of years, penalties have increased in Michigan, meaning those who are convicted on charges of driving under the influence face harsher consequences. In 2011, over 37,000 arrests were made related to motorists driving under the influence of alcohol. This was down about 20% from the nearly 46,000 recorded by state police in 2010.

In October of 2010, a new Michigan law was enforced that means “super” stiff fines and penalties for those who test at 0.17 or higher blood alcohol content levels. Because of the new law, those who are considered “super drunk” and who are first-time offenders may face fines that range in the thousands. Other penalties that apply include mandatory alcohol treatment, increased jail time and 45 days during which you cannot drive. Even to have your driving rights reinstated after the 45 day time period, you must have an ignition interlock device installed in your vehicle.

In Michigan, 0.08 is still the benchmark for being considered legally drunk. The “super drunk” law does not apply to repeat offenders or individuals who face felony charges due to causing injury, damage or death as a result of drunk driving.

While it is clear that the number of DUI arrests has dropped since 2010, law enforcement agencies across Michigan are still highly concerned about the number of motorists who get behind the wheel after consuming alcohol. While statistically the numbers are decreasing, Utica Police Chief Dave Faber stated in a news report that he doesn’t see the number of arrests coming down at all. In fact, Faber said that in 2011, each of his 13 officers recorded 15 DUI arrests on average.

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A May crash in Hillsdale between a vehicle and horse-drawn buggy carrying an Amish family resulted in the death of a 10-month-old boy. Now, the woman convicted in the crash has had her driver’s license suspended indefinitely. 70-year-old Doris Johns was also given a $1,275 fine and 24 months probation following her plea agreement, in which Johns pleaded guilty to two counts of committing a moving violation causing serious injury. All charges against Johns are misdemeanors; two charges including committing a moving violation in a school zone and committing a moving violation causing a death were dismissed.

According to news reports, Johns was distracted by a dog which caused her to look away from the road. When she returned her attention to the roadway in front of her, the buggy had slowed, causing her to strike the buggy, which then spooked the horse and resulted in the buggy veering off of the road and overturning. Michael and Margie Steury deny that their horse slowed, and claimed they did not see a dog.

Johns runs an adult foster care home and requested a trial in regards to the original moving violation causing death charge, but since the charge was dismissed she will be able to retain her license to run the facility. However, Johns’ driver’s license was suspended indefinitely by the Secretary of State. According to Neal Brady, Hillsdale County Prosecutor, it was a matter of keeping others safe, getting Johns convicted and getting her driver’s license suspended.

The Steury family was relieved not to have to relive the details through a trial, but did want Johns to be held responsible and to protect other Amish from her driving.

This is a sad situation that ended tragically; however, it was clearly unintentional. Michigan driver’s license restoration attorneys realize the importance of having a license and the right to drive, how essential it is to our everyday lives.

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Late in August a Ferndale police officer was struck by an SUV during an incident in which officers were attempting to break up a crowd at the corner of Woodward and E. Breckenridge. Aimee Sturm, the 33-year-old female driver of the SUV, has been charged with Operating While Intoxicated.

The police officer who sustained injuries was crossing Breckenridge according to police, when a Dodge Durango drove straight toward him after turning from northbound Woodward on to eastbound Breckenridge. According to news reports, the officer yelled for the driver of the SUV to stop, and was signaling with his hands. The SUV continued on, apparently ignoring the officer’s signals, and drove into a parking lot after striking the officer.

When the SUV was finally stopped, police say that Sturm did not seem to realize that she had hit someone. After administering a breath test, police determined that Sturm’s blood alcohol level was .21. The officer who was struck sustained minor injuries; he was treated at a local hospital and released. Sturm has been arraigned on the OWI charges and bond was set at $750.

The incident took place around 2 a.m. on August 25th as Ferndale police officers responded to a disturbance in the area.

Driving while intoxicated (DWI) and driving under the influence (DUI) are considered criminal offenses in Michigan. More and more, states across the nation are cracking down hard on those who choose to consume alcohol before getting behind the wheel. However, Michigan criminal defense lawyers know that we are all human, and we all make mistakes. Without aggressive legal representation, individuals convicted of these types of offenses may face stiff monetary fines, jail time, driver’s license suspension and more.

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A northern Detroit suburb was the scene in which a bicyclist was allegedly killed after being struck by a suspected drunk driver. Andrew Macielak, a 51-year-old Warren resident, was injured when he was struck by a male driver on Monday around 8:30 p.m. The driver of the vehicle, 47-year-old Kittisak Clayphotong, fled the scene and was later apprehended by police. Macielak died at the scene after police arrived.

News reports state that police in southeastern Michigan suspected that the driver of the vehicle had been drinking prior to the accident. After Clayphotong fled the scene, police found him nearby. Warren Police Commissioner Jere Green said that the suspect was charged with failure to stop at the scene of an accident and operating a vehicle while intoxicated, causing death. After being arraigned on the charges in Warren’s 37th District Court, a judge set Clayphotong’s bond at $20,000 for each charge. Both are 15-year felonies. Clayphotong pleaded not guilty to the charges.

Clayphotong, a Flint resident, was allegedly traveling at a high rate of speed on Ryan Road south of 14 Mile when he crashed into Macielak’s bicycle, resulting in the victim’s fatal injuries. Police apprehended the suspect at a nearby 7-Eleven where he had blown a tire and then attempted to flee on foot.

Michigan criminal defense lawyers know that a charge of operating while intoxicated is serious, but when an individual loses his/her life as a result the penalties become much more severe. A first offense OWI is usually charged as a misdemeanor, and incurs penalties that include up to 93 days in jail, community service, fines of $100-$500 and a 30-day license suspension followed by 150 days restriction. When the death of another person occurs as a result of operating while intoxicated, a first offense is considered a felony. If convicted, an individual will face jail time of up to 15 years, fines of $2,500-$10,000 and a revocation of his/her driver’s license for a minimum of one year.

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An 18-year-old Lansing man will stand trial for allegedly fleeing police and driving on a suspended license, according to news reports. Anthony White, the defendant in the case, was bound over to Ingham County Circuit Court by Lansing District Judge Frank DeLuca on charges of driving on a suspended license and third-degree fleeing police, which is a felony.

It all began on August 14 when White was traveling almost 50 miles per hour near Pine and Willow Streets, where the posted speed limit is 25 miles per hour. A Lansing police officer was patrolling the area when he spotted the speeding vehicle around 1 a.m., then attempted to stop White when he caught up to him near Grand River and Washington avenues. White failed to stop and continued to elude police, who ended the chase in north Lansing because of road conditions and safety issues.

After running the license plate information on the vehicle, police found the vehicle was licensed to an individual living in the 1700 block of Donora Street. They proceeded to the location where they found the vehicle parked, then interviewed several individuals at the residence. Police also found White at the address.

White’s bond was originally set at $25,000 cash surety, however Judge DeLuca lowered it to 10% of $10,000 and ordered that White wear a GPS tethering device, refrain from driving and stay confined to his home, according to court records. He is scheduled for a September 4th arraignment in Circuit Court. News reports stated that if convicted, White may face a $1,000 fine and up to five years in prison.

Driving on a suspended license is serious business; whether the individual in this case knew his license was suspended is not known, but it may have been the reason he was eluding police. Now he possibly faces serious prison time if convicted.

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Michigan drivers license suspension attorneys realize that in the state of Michigan, your license may be revoked or suspended for a variety of reasons. However, getting your privilege to drive back isn’t always easy – in fact, far from it. We all take our privilege to drive for granted, until it’s been taken away. If you have been charged with DUI, reckless driving, drug possession, or have multiple speeding violations, you may find yourself without a license.

Perhaps you were charged with driving on a suspended license. For many people, the reason this happens is that they did not have the money to pay court ordered fines and costs, or simply forgot to pay the judgment against them. When a ticket or fine is not paid by the date it is due, your license is suspended automatically. Some individuals are not aware of this; then, when they are stopped and charged with driving on a suspended license, it is a complete surprise. The unfortunate thing is that this is a very serious offense that could land you in jail for as long as 93 days and cost you up to $500.

If your license has been revoked because of OWI/DUI, it is particularly serious. Driving is not a right, it is a privilege, and one which the Driver License Appeal Division of the state of Michigan takes very seriously. Certain violations will result in your license being suspended or revoked automatically by the Secretary of State under Michigan law.

Essentially, it is critical that you have the charge amended to a civil infraction or dismissed before it gets reported to the Secretary of State. Your attorney will know which alternative is best in your particular situation, so that he or she can prevent the charge from being reported, which could ultimately mean that you can avoid points against your license, and fees.

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Michigan driver’s license restoration attorneys know that driving on a suspended license can result in far more serious consequences than most people believe. Recently, a White Pigeon resident was placed in the St. Joseph County jail after being pursued by St. Joseph County Sheriff’s Office deputies when the resident failed to stop for a minor traffic violation. That individual now faces charges of fleeing and eluding, driving with a suspended license, resisting and obstructing and for several other outstanding warrants.

If the individual had pulled over when pursued by the deputies, chances are the charges of fleeing and eluding, resisting and obstructing could have been avoided. Better yet, the White Pigeon resident should have consulted with a Michigan lawyer who specializes in driver’s license restoration, or who could effectively defend him or her against the charges of driving on a suspended license.

According to news reports, the subject led the deputies on a chase through Three Rivers after failing to pull over, then fled in Florence Township on foot, where deputies gave chase and captured the subject after a short time. Michigan State and Three Rivers Police assisted the sheriff’s deputies at the scene.

Driving on a suspended or revoked license is a serious criminal offense. Whether your license was suspended due to a DUI or OWI offense, after fleeing police or being arrested for reckless driving, hit and run accident, driving without insurance or numerous other traffic of driving offenses, you could be facing time behind bars in addition to steep fines. A first offense could leave you potentially facing a $500 fine and as many as 93 days in jail; for a second or subsequent offense, you may be sentenced to $1,000 in fines and up to 1 year in prison.

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Have you had your Michigan driver’s license suspended after being convicted on charges of substance abuse? You may not be aware that it may be possible to have your license reinstated, although it is a rather complicated process. However, an experienced Michigan driver’s license reinstatement attorney can guide you through the process to determine whether you are eligible for an administrative review, and help ensure you meet the requirements.

People are human and mistakes are often made. Without a driver’s license, your life can be severely restricted, making it difficult if not impossible to get to and from work, school, and to meet other obligations. Until you lose your right to drive, you may not realize just how important it is to functioning in your daily life – we often take things we don’t consciously think about for granted.

It is highly advised that you seek the expertise of a reputable lawyer when attempting to have your license restored. There are numerous forms involved in the process, and you must submit a complete substance abuse evaluation to the Michigan Secretary of State’s office. While it may sound simple, even finding an evaluator who is credible and respected by the Driver Assessment and Appeal Division (DAAD) isn’t a simple process.

If your evaluation is not completed properly, it will jeopardize your chances of having your license reinstated. There are numerous criteria that must be met, including a history of treatment you have received or support groups you have attended, any lifestyle changes that have been made since the suspension of your license, information regarding where you currently live and work, and more. It is imperative that at your DAAD hearing your examiner can be convinced that you will not be a risk if given back your rights to get behind the wheel. All documentation must be in order, every “i” dotted and “t” crossed. You only get one opportunity per year to get it right, so it’s recommended you do not take any chances by going it alone.

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On Sunday, July 29th, a 38-year-old man driving on a suspended license would not cooperate with police during a traffic stop in Fowlerville; he was eventually tasered by police, although it was reported that the Taser barb had no effect on the man. Police did eventually capture the man, who is now sitting behind bars at the Livingston County Jail.

Michigan drivers license suspension attorneys realize that frequently, individuals drive on a suspended license out of necessity. When they are caught, the penalties can be severe; in fact, the driver may face fines, a lengthening of the suspension period and possibly even jail time. It is best to consult with a lawyer when your license has been suspended or revoked, who will work to get your license reinstated so that you can avoid this situation.

In this case, the driver was pulled over by police and would not cooperate with them. He refused to give police officers identification, then fled on foot at which point the officer gave chase and fired a Taser barb. The man then returned to his vehicle, got in it and fled at a high rate of speed through a residential area according to police, who then followed him as he drove to his home where he again refused to cooperate. He was tasered a second time, again with no effect, then ran inside his home where he was apprehended by police and deputies from the Livingston County Sheriff’s Department.

In Michigan, fleeing and eluding police may incur additional penalties including court fines, jail time and additional license sanctions. In this case, the Fowlerville man would have likely been better off had he cooperated with police. Now, he could possibly face additional charges for speeding or reckless driving, eluding police and more.

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