Michigan Criminal Lawyer Blog

Operating While Intoxicated in Westland, What to Expect in the 18th District Court

December 14, 2011 | Abdo Law Firm

Westland District.jpg The intention of this post is to give you a brief overview of what to expect if you are being charged with Operating While Intoxicated (OWI) arising out of the 18th District Court in the City of Westland. The 18th District Court is presided over by the Honorable Judges Sandra Ference Cicirelli and Mark A. McConnell. Based on our firm’s experience, the 18th District Court will treat you fairly and your case will be handled efficiently. By treated “fairly”, we mean that if you are a first offender whose OWI is reduced to the lower offense of Operating While Visibly Impaired (OWVI), the Court’s sentence will be reasonable as I will explain. When I say that a first offense will be handled “efficiently”, we mean that your case can be handled in 1 court appearance if it is resolved by way of plea bargaining under certain circumstances. However, if motions are filed or your case is scheduled for trial, there will be other necessary proceedings. This blog will focus on the vast majority of cases which are resolved by way of a plea bargain.

When charged with a crime, our firm will consider all of the evidence and make recommendations to our clients as to the best course of action. In reality, the vast majority of criminal offenses and drunk driving cases are resolved by means of plea bargaining. When representing a client charged with an OWI who does not have a good case for trial, our law firm typically has three goals;

-Get the charge reduced, typically to an “Operating While Visibly Impaired” (colloquially referred to as an “OWVI” or simply an “Impaired”);

-Avoid jail time; and
-Minimize the length, terms and conditions of probation.

Discussed in other blog posts, most drunk driving cases do not make great cases for trial. Presumptive evidence of intoxication is established by a valid traffic stop, failed roadside sobriety tests, and Blood Alcohol Content (BAC) results of .08% or greater. For that reason, we usually fight to secure the lesser charge of Impaired Driving and seek recommendations from the prosecuting authority for sentence leniency. The merits of the Impaired Driving charge have also been discussed at length in our previous blog posts. Generally, an OWI which is reduced to OWVI is less points, saves our clients $1,000.00 in driver responsibility fees, involves a shorter period of action against one’s license and does not involve any mandatory period of license suspension before issuance of a restricted license.

In most other courts, the process to resolve a drinking and driving offense requires at least 3 court appearances which include pretrial conference, substance abuse assessment and sentencing. However, the 18th District Court will endeavor to handle the entire case on the same date. It is our experience that getting to the 18th District Court by 8:00 a.m., knowing our Client’s case and being prepared to advocate with the prosecutor are essential for a case to be resolved in the efficient manner which I have described compared to cases which languish for several months and require multiple stressful Court appearances.

At the time of sentencing, the Court will determine the extent and terms of probation along with fines and costs. The maximum term of probation for a first offense Impaired Driving is 2 years. In our experience, first time offenders for Impaired Driving should expect 12 months probation in the 18th District Court. Probation may be reporting (to a probation officer) or non-reporting. Non-reporting probation is preferred and is less intrusive upon one’s daily routine. The 18th District Court will normally allow time to pay fines and costs. However, in a recent case handled by our firm, the Court said that our client’s reporting probation will be converted to non-reporting probation after payment of fines and costs.
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Macomb County Criminal Activity During the Holiday Season: Retail Fraud, Domestic Violence, Operating While Intoxicated

December 6, 2011 | Abdo Law Firm

Well, December has never been a month where business is slow at the shopping malls or at our law firm. December is the month when people get out of their routine. What I mean is that many tend to drink more, spend more money, drive more frequently and have greater periods of time with family members. Existing drinking problems, substance abuse, depression, strained relationships and financial troubles are put to the test during the holiday season. All of these situations can lead to criminal problems such as drunk driving, retail fraud and domestic violence.

As a Macomb County criminal defense lawyer, I consider myself sensitive to the needs of our clients during the holidays. What can you say when someone gets charged with retail fraud (shoplifting) who suffers from depression or a substance abuse problem? I am just saying that people are just people and I do not sit in judgment of those who are less fortunate or troubled. I have found that the Judges in Macomb County to be reasonable with those who have no criminal record but find themselves charged with retail fraud under various circumstances including financial hardship or other stessors. In these cases, our attorneys are able to negotiate a plea bargain to have the case dismissed after a period of probation and conditions which may mean attending an economic crime class. This is true for clients that we have represented in every Macomb County District Court.

The holiday season is also a time of parties and gatherings which invariably involve alcohol. I have represented my share of teatotallers and social drinkers who have one too many at a holiday house party and wind up being charged with drunk driving. This can happen to anyone who has a few drinks and gets stopped by the police a few blocks from home. I cannot count the number of clients that I have represented for drunk driving who are pulled over in their own subdivision or even while pulling up in their own driveway. In Michigan, a person is considered legally drunk if his blood alcohol content (BAC) is .08% or greater regardless as to whether or not the person was actually intoxicated. To make matters worse, Michigan has passed a super drunk law making it a more serious crime if the blood alcohol content is .17% or greater. Sobriety is not a defense to a charge of Operating While Intoxicated (OWI or DUI) or Super Drunk. Various drink/weight index charts provide an approximate blood alcohol content (BAC) which can be helpful for anyone considering a few drinks before driving. The best advice that I can give is to have NONE FOR THE ROAD since the BAC charts are only an approximation and do not take individual tolerances into consideration; Even one drink can create misunderstandings in the eyes of the law if an accident occurs and someone is injured or dies.

DUI – DRUGS: Operating While Under the Influence, Intoxicated or Impaired Due to Analogue Drugs: Same Penalties as Drunk Driving

December 5, 2011 | Abdo Law Firm

Driving under the influence of alcohol can be ascertained by measuring a person’s blood alcohol content (BAC). If a person’s BAC is .08% or greater, he or she is considered to be “per se” or legally intoxicated. If the BAC is .17% or greater, the person may be charged as a “super drunk” pursuant to Michigan law making it a more severe crime for having a high blood alcohol content.

On the other hand, driving under the influence of prescribed drugs is not a per se or strict liability offense and must be proven by the testimony of the police officer regarding the conduct of the accused. In this regard, the police will obtain a blood sample to determine the presence and level of analogue(s) and/or other substances. In many cases, the person may have mixed the prescribed analogue drugs with one or more alcoholic beverages or marijuana. In addition, the police will assess a driver’s ability to perform field sobriety tests (FST) which are designed to test a driver’s balance and motor skills. Police may ask a driver to perform tasks such as walking heel-to-toe in a straight line, standing on one leg, or reciting the alphabet backwards.

A valid prescription is not a defense for someone who operates a vehicle while impaired or under the influence of analogue drugs (OUID). However, a prescription coupled with evidence of a person’s sober conduct and driving ability can be presented as a defense.

A person convicted of operating a vehicle while intoxicated due to analogues (OUID) or alcohol (OWI) faces the same penalties under Michigan laws. For a first offense of OUID, the maximum penalties are:

6 Points
License suspense for 180 days with restrictions after 30 days
Driver Responsibility Fee of $1,000.00 per year for 2 years
Maximum Fine of $500.00, plus court costs
Probation for up to 2 years
Up to 360 hours of community service
Vehicle Immobilization for up to 180 days
Up to 93 days in Jail
Mandatory Substance Abuse Evaluation
Possible Substance Abuse Counseling and Random Testing

Defending Operating While Intoxicated – Analogues, Prescribed Medications

There may be legal grounds for a dismissal or reduction to careless driving on the basis that the medications were taken as prescribed and did not cause the individual to be impaired or under the influence. A person who has taken medications as prescribed may defend the charge on the basis that the medications did not diminish his or her ability to operate a motor vehicle. In such cases, an aggressive defense attorney will obtain the police reports, video of the traffic stop and gather witness statements of those that could testify as to the behavior and sobriety of the accused during the time frame prior to the traffic stop. In addition, A charge for operating under the influence of drugs (OUID) may be plea bargained to the lower charge of operating while impaired which involves lesser penalties.
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Driver License Appeal – The Risks of Going Unrepresented

October 5, 2011 | Abdo Law Firm

Almost every week a very familiar scenario plays out in our office. A client will come in, sit down for a consultation, and discuss with us the facts of his or her license revocation history. Many times it will be the instinct of one of our Firm’s attorneys that the client had a winnable case. However, the catch is that they didn’t win, and in many instances have created a mess for themselves that will take years, literally years, to unravel. Why didn’t this client win?

Oftentimes it is because they appealed their license revocation unrepresented, assuming that it was a simple and straightforward procedure. Further, it is often assumed that the hearing officers will summarily rubber stamp petitioners with a license after they wait their year. This is very much not the case. License appeals are substantively and administratively complex, and oftentimes become unmanageable for people who do not retain the assistance of an attorney. The stakes are high, losing an appeal typically results in an additional year revocation. Moreover, any inconsistencies stated in an initial hearing will come back to haunt the petitioner in future hearings. Losing a DLAD appeal means that the petitioner will have to continue asking friends and family for rides, or risk breaking the law and driving without a license. Beneath are some common mistakes that petitioners make when appealing their revocations without the assistance of counsel.

Procedural Mistakes

The DLAD has strict procedural guidelines for filing these appeals. Often unrepresented petitioners will miss deadlines, file the wrong documents, or fill out documents/background letters incorrectly. When you have a case with strong facts (IE over one year of demonstrated sobriety) it is a waste to wait an additional year because of a procedural mistake.

Substantive Mistakes

Without counsel, petitioners will often make substantive mistakes. Most commonly, petitioners who have not met the one year of mandatory sobriety will disclose that they have consumed alcohol in the last 12 months. We always counsel clients to wait that year, and will assist them in finding programs and counselors to assist them with their sobriety. Further, unrepresented petitioners tend to get nervous, and put inconsistencies on the record because they buckle under the pressure. A first hearing is intimidating, and that pressure can often cause a petitioner to lose his or her cool, become mentally unorganized, and forget vital dates – thus making a winnable case a loser.

Our Program for Getting You Back On the Road

Our law firm has a comprehensive program for getting petitioners back on the road. From our initial consultation we look at all the facts and organize them to avoid both procedural and substantive mistakes. Our firm has appeared on hundreds of license appeals and has a streamlined process for gathering and filing the documents, thus eliminating confusion on behalf of the client. Further, in our representation we include a mock hearing where you and one of the Abdo Law attorneys will go through the questions that will be asked at the hearing. The goal is to reduce anxiety and eliminate as much as possible the element of surprise in the hearing room.
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Imposition of No Contact Orders for Persons Charged with Michigan Criminal Offenses; Assault, Stalking, Domestic Violence

September 26, 2011 | Abdo Law Firm

Teen%20Text%20closeup%20%20%20500[1].jpg A NO CONTACT ORDER can be ordered in virtually any criminal case including retail fraud/shoplifting cases. In Macomb County, courts will invariably enter a NO CONTACT ORDER against an offender as a bond condition or upon conviction of retail fraud/shoplifting at the time of sentencing. In Michigan, courts routinely impose a NO CONTACT ORDER as a condition of being released or bonded for personal criminal offenses such as domestic violence, stalking, sex crimes and assault. For these offenses, the offender is prohibited from contacting the alleged victim.

Contact, for purpose of NO CONTACT ORDERS, is broadly defined to embrace any direct or indirect contact or communications by the offender or by using third parties to contact the victim. Contact also includes the use of all electronic media (phone, fax, cell phone, computer) to make contact. Therefore, contact can occur if the offender sends a text or email, posts something on the internet or uses a friend to make a phone call. A violation of the NO CONTACT ORDER may result in revocation of bond and jail.

An offender may unwittingly be the victim of a NO CONTACT ORDER violation when the offender responds to an email or text message from the victim or someone associated with the victim. It may very well be a violation even though the offender did not initiate the contact. Anyone who is under the jurisdiction of a NO CONTACT ORDER must be vigilant and prudent.

Underage Drinking and Driving in Macomb County, Myths and Facts

September 15, 2011 | Abdo Law Firm

cop car.jpg MYTH #1: Underage drivers cannot be charged with a DUI unless they are above the legal limit.

FACT: False! Underage drivers on the road with ANY presence of alcohol may be charged with a drinking and driving crime. This type of charge is known as a zero tolerance. Repercussions can be severe, including;

– 30 day driver’s license suspension,
– $125.00 reinstatement fee,
– 4 points on master driving record,
– Community service,
– Court fines,
– Probation,
– And state fees of $500.00 for 2 years.

Repeat offenders typically face stiffer penalties. This includes a longer license suspension, additional fees, and additional points. Further, when underage drivers are above the legal limit they can be charged with an OWI. OWI’s, as we have explained in detail, can be onerous in terms of the subsequent fines, punishment, and probation.

If you find yourself as a minor being charged with a drinking and driving offense seek legal representation. Our office has specialized in drinking and driving crimes for over 40 years. With each of these cases we always seek a sentence that is most favorable for our clients. Our office will always fight to eliminate jail time and advocates terms of probation that will be manageable for our clients. Do not let these cases linger, retain aggressive legal assistance and fight the charges.

MYTH #2: You can only get charged with an MIP for drinking alcohol.

FACT: False! Mere possession alcohol is sufficient to be charged with an MIP. Further, you can be charged with an MIP for transporting alcohol in your car (even if it’s the passenger’s). The meager act of holding a beer without taking a sip is sufficient for someone to be charged with a MIP. Further, we would like to remind you that the following is illegal;

– Allowing an intoxicated person to use your vehicle,
– Purchasing alcohol for anyone under 21,
– Providing a fake identification to anybody under the age of 21,
– Allowing minors to use alcohol in your home,
– And providing alcohol to minors.

Once again, we recommend anyone being charged with an MIP retain the help of an attorney. Especially when it is a first offense, our office usually can procure an arrangement where the charge will come off the client’s record. With these cases we aim to preserve the records of our young clients, keep them out of jail, and minimize any terms of probation.
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Part 1: First Offense Drunk Driving Cases In Macomb County, Michigan

September 7, 2011 | Abdo Law Firm

Photo+of+woman+arrested+in+need+of+a+DUI+attorney+in+Seattle$2C+WA.[1].jpg This blog will focus on first offense drunk driving (DUI) cases which our firm handles extensively in all of the district courts in Macomb County, Michigan including the 38th District (Eastpointe), the 39th District (Roseville, Fraser), the 40th District (St. Clair Shores), the 41-A District (Sterling Heights, Shelby Township, Macomb Township, Utica), the 41-B District (Clinton Township, Mt. Clemens, Harrison Township), the 42-1 District (Romeo, Washington Township) and the 42-2 District (New Baltimore and Chesterfield Township).

A life can spin out of control the moment a police officer says, “you are under arrest for drunk driving.” For most of our clients that are charged with drunk driving (OWI or DUI), it will be the first time that they have seen the inside of a jail cell. This experience alone will be traumatic and stressful. Upon being released from jail, the person will be given certain documents which include: ticket, temporary license, bond receipt and data-master printout with breath test result (usually a pink form). A person may need to get his or her vehicle out of impound unless there is a hold on the vehicle because of an accident or subject to forfeiture. A person charged with drunk driving should contact an attorney after taking care of immediate needs such as going home, getting some rest and having something to eat.

Our attorneys are involved with drunk driving cases in Macomb County just about every day. This means that we are either attending a court hearing in one or more district courts, talking to someone on the phone or meeting with a new client at our office. We are often able to make predictions about the outcome of drunk driving cases in Macomb County as well as other jurisdictions where we actively practice including Oakland County, Wayne County and the Grosse Pointe Courts.

Part 2: The Court Process: First Offense Drunk Driving Cases In Macomb County, Michigan

September 7, 2011 | Abdo Law Firm

41B%20District%20Court[1].jpg Most drunk driving (DUI or OWI) cases in Macomb County are resolved without trial. The vast majority of first offense drunk driving (DUI or OWI) cases can be negotiated to the lower offense, such as operating while impaired, unless there are policy reasons which prohibit the prosecuting attorney from plea bargaining.

Our attorneys will be able to review the police reports and discuss various options with our clients such as trial and deviation requests for charge reductions. When a client is charged with a high blood alcohol drunk driving for obtaining a chemical test result of .17% or more (High BAC or Super Drunk), is involved in an accident or has a prior record involving substance abuse, there are legal maneauvers which we will explore to get the case under control.

Court Process and Possible Sentence Conditions for First Offense Drunk Driving (DUI or OWI)

East Lansing: Offenses on Campus Part 2- Disorderly Conduct and Possession of Marijuana

August 25, 2011 | Abdo Law Firm

In the second part of our “Offenses on Campus” series (see Part 1 about MIPs) we will briefly discuss two prevalent offenses that occur in East Lansing, disorderly conduct and possession of marijuana. With Welcome Week starting the town is seeing a large influx of visitors as families are moving their children in and friends are visiting students. Especially early on in the year there tends to be a spike in parties and with parties students, residents, and visitors often find themselves on the wrong end of the law.

– Disorderly Conduct

A wide array of behavior will fit Michigan’s law for a disorderly person. Most relevantly, disorderly conduct may be charged where;

– a person who is intoxicated in a public place and who is either endangering directly the safety of another person or of property or is acting in a manner that causes a public disturbance;
– a person who is engaged in indecent or obscene conduct in a public place;
– and/or a person who is found jostling or roughly crowding people unnecessarily in a public place.

This crime is a misdemeanor, punishable by up to 90 days in prison and/or a fine of $500.00. For whatever reason, there is the often the notion that a disorderly conduct is only a civil infraction or is of the same consequence as a parking ticket. THIS IS NOT THE CASE. As discussed in our previous post, having misdemeanors your record can haunt you for years to come. Employers, graduate school admission boards, and professional licensing bureaus are all concerned with applicants’ criminal records.

A disorderly conduct charge is very manageable. Our firm always fights to preserve our client’s record, reduce any terms of probation, and avoid jail time. First time offenders may be eligible for either MCL 771.1 or HYTA– provisions of law which will keep the conviction off their record.

– Possession of Marijuana

Marijuana is a prevalent substance on many college campuses. Widespread social acceptance, however, doesn’t change the fact that in most circumstances possession of marijuana is still a crime. In Michigan, first time offenders can face up to a year in jail for possessing marijuana. Nonetheless, these cases are manageable. For youthful offenders or first time offenders our office can typically secure an arrangement whereby the charges will not show up on the client’s record. The provisions of law this may be achieved by are HYTA and what is commonly referred to as a 7411. Further, there are sometimes medical marijuana defenses available in these cases. As stated above, having a drug crime on your record can be difficult to explain when applying for a job or a seat in graduate school.
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East Lansing: Offenses on Campus- MIPs

August 15, 2011 | Abdo Law Firm

With fall quickly approaching many students are bracing for their return to college. Many college age students from Macomb County attend MSU. The University in recent years has seen an enhanced police presence both on and off campus. The combination of football Saturdays, a sizable off campus student population, and a large density of bars makes for many arrests every weekend in East Lansing. While for some an offense such as an MIP may seem trivial or the “norm”, it is warned that all students and East Lansing residents charged with MIP’s deal with these charges. Though not immediately apparent, a misdemeanor can have far-reaching repercussions. Having an MIP on one’s record can impact on the following;

– Permanent criminal record;
– Eligibility for student loans;
– Eligibility for home loans;
– Eligibility for auto loans;
– Graduate school admissions;
– Employment applications;
– and professional licensing.

Any graduate student or freshly minted professional will be able to tell you the paramount importance of keeping a clean criminal record. Having convictions on one’s record often puts applicants for schools / employment in the terrible position of having to disclose and explain or risk failing to disclose and getting caught. Avoid these problems in the first place and attack an MIP or minor criminal charge head-on. Record preservation is of vital significance for college students, especially when considering a competitive marketplace for jobs and graduate school seats. Too often students summarily plead guilty to misdemeanor offenses under the mistaken assumption that they are akin to a civil infraction or a parking violation. This is not the case, MIP’s are a criminal offense. Thus it is directed that any student being charged with such an offense engage the services of a lawyer.

What then should MSU students and East Lansing residents being charged with a misdemeanor expect during the course of their case? East Lansing cases are disposed of in the 54-B District Court. The Court is located on Linden street (by the 711 and Grove Parking garage) and is presided over by the Honorable Judges Richard D. Ball (Chief Judge) and David L. Jordon. If being arraigned it is very important to plead not guilty. By doing this the case will be set for a pretrial conference where your attorney may be able to negotiate a deferral, more on that below.

With the assistance of counsel, those charged with MIPs can often get the charges off their criminal record pursuant to MCL 436.1703. Sometimes called a deferral, a delayed sentence, or an “under advisement” the result is that the charges will be dismissed upon compliance of the Court’s probationary terms. With the charges dismissed students can say that they have never been convicted of an MIP, as it will not show up on their public record.

Click to see Part 2 of the “Offenses on Campus” Series regarding disorderly conduct and possession of marijuana…
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