Michigan Criminal Lawyer Blog

I'm Matthew Abdo, and I recently started practicing at the ABDO LAW FIRM in Macomb County. I wanted to use this post as a forum to reflect on my experience with the Michigan Driver Appeal and Assessment Division (DAAD) representing persons at driver license restoration hearings. First of all, the place of your hearing will depend on where you reside. If you live in Oakland County, your hearing will be held in Livonia. If you live in Macomb County, your hearing will be in either Livonia or Port Huron.

Proceedings before the DAAD are very unique. First, most clients are surprised to hear that they are not adversarial, per se. Additionally, most are not aware that the hearing officer is going to ask probing and invasive questions about their substance abuse history. Lastly, and perhaps most importantly, many people do not realize there is a RIGHT way to approach these hearings.

Oftentimes we get clients who have already attempted a hearing without the help of counsel. Even though they have winning cases, they lose simply because they did not know how to highlight the aspects of their lives that the DAAD is focusing on. People fail to grasp that it is not so much their past that is being scrutinized, but rather their present and future behavior. The State owes a huge responsibility to the drivers of Michigan, and the burden is on the petitioner to show they are again worthy of the privilege of driving. I can say this much, the saying "it's harder to get your license the second time than it was to get the first time" is 100% true.

That being said, our office has developed a paradigm for approaching all cases. From our first consultation we explain to clients the strengths and weaknesses of their case, and give an honest assessment of if the matter is worth pursuing. We outline what we need from our clients, including a substance screening and character letters, and lay out how the proceeding is going to follow. Our track record with these types of cases is very good, we generally win. Almost once a week we are in Livonia for a DAAD matter. Our office has appeared before each officer there and knows what to expect when we have them for an appeal.

In light of all that, I can say that it is worth it to retain legal help before appearing your FIRST TIME. Without guidance, petitioners run the risk of telling inconsistent stories, tarnishing their credibility, and creating a transcript that will continue to haunt them in all future hearings. The State is looking very specifically to see that petitioners have taken control of all of their issues which would make them a threat to the drivers of Michigan. Our proprietary literature and argumentative style is designed to win these cases and get clients back on the road. I cannot stress the importance of retaining counsel THE FIRST TIME you are considering appearing before the DAAD. When you lose a case, you are locked out from having another DAAD hearing for a year. Though these cases can be APPEALED TO THE CIRCUIT COURT, our office aims to win the first time around. Losing DAAD cases means another year of inconveniencing friends and losing opportunities you could otherwise have. Additionally, this puts petitioners in the awful position where they must choose whether or not to drive with a suspended license, an offense which carries additional revocation.

We take the time to learn each client's unique case history and work on tailoring each case to that individual's circumstances. We believe in each client's cause and fight aggressively to get petitioners back on the road. Our office has a strong record of winning cases like this. We have a proven formula that gets results.

The "bill of rights" spell out the immunities of individual citizens.On September 25, 1789, the First Congress of the United States proposed to the state legislatures 12 amendments to the Constitution. The cornerstone of personal rights for an individual charged with a criminal offense or drunk driving can be found in the 4th, 5th and 6th Amendments to the United States Constitution.

4th Amendment: Right to Be Free From Unreasonable Search and Seizure

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

5th Amendment: Right to Remain Silent, Due Process of Law

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

6th Amendment: Right to Counsel in All Criminal Prosecutions

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.

Our firm is always on high alert to areas where the government (police) may stray and violate a client's rights by making an unreasonable intrusions, seizures or attempt to use a statement that was procured in violation of a person's 5th Amendment right to remain silent! When law enforcement doesn't do it right, you may have grounds for suppression of illegally obtained evidence or dismissal of charges!

Can a non US Citizen be deported for conviction of a crime?

A non-U.S. citizen may be deported for a crime which involves moral turpitude. My research indicates that a single offense for a Michigan Drunk Driving (Operating while Intoxicated - OWI) without aggravating circumstances, does not qualify as such an offense.

However Noncitizens may be deported due to a conviction of a crime involving moral turpitude or an aggravated felony. There are also several other specific grounds such as drug offenses and domestic violence abuse that often lead to deportation of a noncitizen. In addition, if you are convicted of a misdemeanor in a state court, you may be deported if by immigration law standards it is an aggravated felony.The immigration statute's definition of an aggravated felony includes a crime of violence for which the term of imprisonment is at least one year. A crime of violence is an offense that involves either the use, attempted use, or threatened use of physical force against another person or his or her property. A crime of violence may also include offenses that by their nature involve a substantial risk for physical force to be used against a person or property.

Can a first offense OWI lead to deportation?

My research indicates that a simple first offense Michigan drunk driving (OWI) does not constitute a crime involving moral turpitude which could lead to deportation.

Can an OWI ever lead to deportation?

A Michigan drunk driving, or a drunk driving in any other state, with aggravating factors may result in deportation. Michigan has specific statutes that make it a felony if you commit a drunk driving causing a death or serious personal injury. There is much at stake and any non-U.S. citizen should have an aggressive immigration and criminal defense lawyer whenever charged with any crime including a first offense for drinking and driving.