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Clinton Township Drunk Driving Lawyers

1. Lucido & Manzella: CRIMINAL If you or someone you love has been ticketed or arrested, it is urgent that legal advice is obtained immediately. Failure to have a ticket or arrest properly handled could result in unnecessary fines, costs, a loss of your driver's license, or even jail time. Civil Infractions The simplest of all tickets are civil infractions. Civil infractions do not carry the possibility of any jail time, yet if not properly handled, they can lead to the loss of your driver's license, substantial fines, and hundreds to thousands of dollars in increased car insurance costs. Examples of civil infractions include speeding, careless driving, loud exhaust, etc. It is often possible that a skilled attorney can prevent these tickets from ever appearing on your driving and insurance records. Traffic Tickets Effective October 1, 2003, Michigan approved legislation and enacted a new law known as the Michigan's Driver Responsibility Law. This program calls for ADDITIONAL monetary fees for drivers who are convicted of specific qualifying offenses or accumulate 7 or more qualifying points on their driving records. As such, under Michigan law, drivers may face a separate fee after they are convicted or found responsible for certain traffic violations. This fee is in ADDITION to any other fine or penalty imposed by the court. Also, some of these fines are assessed for 2 consecutive years. Therefore, now more than ever, retaining an attorney to defend you in traffic matters is essential. Misdemeanors And Felonies Any arrest that carries with it the possibility of jail time is either a misdemeanor or a felony. Misdemeanors are crimes that carry the possibility of up to one (1) year in jail. Examples of misdemeanors include assault and battery, drunk driving first or second offense, domestic violence, and possession of marijuana. Felonies are crimes that carry the possibility of anywhere from one (1) year in prison to life in prison. Examples of felonies include murder, rape (called criminal sexual conduct in Michigan), drunk driving third offense, assault with a dangerous weapon, and possession of cocaine. If you are under the age of 17, the Juvenile Court will normally handle the misdemeanor or felony charge, which then carries a penalty ranging from a fine up to detention in a youth home that could extend for years, with possible placement in a state facility. The Arrest It is crucial to obtain legal counsel as soon as possible after the arrest or ticket. The longer the delay between an arrest and hiring an attorney, the greater the chance of lost evidence and unwise statements being made to the police. In some jurisdictions the police are required to keep video evidence no more than thirty (30) days. As such, crucial evidence may be destroyed if you are hesitant to hire an attorney to prove your innocence. Court Procedure After an arrest, your attorney should immediately request all evidence and police reports to review with you. Such reports, called "discovery," are crucial in preparing to handle your case. Shortly after obtaining discovery, the Court will schedule a conference before trial during which your lawyer, who now knows the strengths and/or weaknesses of your case, can negotiate with the prosecutor. Often, a deal is struck (referred to as a plea bargain) wherein a suspect will plead guilty to a lesser charge with lesser penalties to avoid the more serious consequences of the original charge. If a plea bargain is made, then the case would proceed to sentencing. If the suspect, the suspect's attorney, and the prosecutor are unable to arrive at an agreement, the case will be set for trial.
2. JA Hlywa: What is OWI? OWI means "operating while intoxicated" and refers to the crime of drunk driving. This crime usually includes driving while abusing drugs and the operation of other kinds of motorized vehicles, such as boats. Drunk driving is defined by each state's criminal code.
3. Bishai, James: Don't Take a Drunk Driving Charge Lightly The consequences of an OWI/DUI conviction are serious. Your driver's license will be suspended; if you have multiple drunk driving convictions, it will be revoked entirely. You will probably be required to attend an alcohol treatment program, and will be placed on probation for a substantial amount of time. You will be required to pay large fines and license restoration fees. There are also significant psychological consequences Ñ embarrassment, shame and loss of reputation. For these and many other reasons, it's important to seek out a defense lawyer to help you fight the charges.
4. Licido & Manzella: The Arrest Any arrest that carries with it the possibility of jail time is either a misdemeanor or a felony. It is crucial to obtain legal counsel as soon as possible after the arrest or ticket. The longer the delay between an arrest and hiring an attorney, the greater the chance of lost evidence and unwise statements being made to the police. In some jurisdictions the police are required to keep video evidence no more than thirty (30) days. As such, crucial evidence may be destroyed if you are hesitant to hire an attorney to prove your innocence. Court Procedure After an arrest, your attorney should immediately request all evidence and police reports to review with you. Such reports, called "discovery," are crucial in preparing to handle your case. Shortly after obtaining discovery, the Court will schedule a conference before trial during which your lawyer, who now knows the strengths and/or weaknesses of your case, can negotiate with the prosecutor. Often, a deal is struck (referred to as a plea bargain) wherein a suspect will plead guilty to a lesser charge with lesser penalties to avoid the more serious consequences of the original charge. If a plea bargain is made, then the case would proceed to sentencing. If the suspect, the suspect's attorney, and the prosecutor are unable to arrive at an agreement, the case will be set for trial. Types of Criminal Cases * Drunk Driving(OWI/DUI) * Driving While Suspended * Open Intoxicants * All Traffic Matters and Driver's License Reinstatement * All Drug Crimes * Possession and Delivery * Forfeiture Actions * All Sex Crimes * Rape * Child Abuse, Molestation, and Neglect Proceedings * All Theft Crimes * Larceny * Shoplifting * Receiving Stolen Property * Auto Theft * All Weapons Crimes * Assault with a Dangerous Weapon * CCW Violations * Home Invasion * Breaking and Entering * Armed Robbery * Arson * Murder * Manslaughter * Negligent Homicide * Accidental Shootings * Resisting Arrest * Assaulting a Police Officer * Fleeing and Eluding * Assault and Battery * Domestic Violence and Spousal Abuse * Self-Defense * Gambling * Solicitation and Prostitution * Loitering in High-Crime Areas * Juvenile Crimes * Minor In Possession (MIP) * Truancy * Neglect Petitions * White Collar Crimes * Embezzlement * Forgery * Utter and Publishing * Insurance Fraud * Bank Fraud * Prescription Fraud * Medicaid/Care Fraud * Internet and Computer Crimes * Identity Theft * Illegal Credit Card Use * Violation of Probation and Parole * Probation Termination * Bond Hearings * Illegal Search and Seizure * False Arrest * False Confession * Mistaken Identity * Criminal Appeals * Sentence Appeals * CCW and Gun Board Hearings
5. Marlinga Law Group: * Violent crimes, including murder, manslaughter, aggravated assault, or armed robbery * Homicide & Murder, including first, second, and third degree homicide, vehicular manslaughter, and conspiracy to commit murder * Drug crimes, including state or federal charges of possession, possession with intent to deliver, unauthorized possession of Schedule II or Schedule III controlled substances, or conspiracy to import heroin or cocaine * White collar crimes, such as mortgage fraud, money laundering, identity theft, embezzlement, or health care fraud * Domestic violence cases, including violations of Personal Protection Orders * Federal criminal defense, especially preindictment client services when you're under investigation by a federal grand jury * Sex crimes, including criminal sexual conduct in any degree, statutory rape, child sexual abuse, child pornography, or online solicitation of a minor for sex * Internet Sex Crimes, including allegations of possession of child pornography, online solicitation of a minor, and obscenity charges * Federal and State Appeals, involving criminal convictions in rape cases, murder trials, white collar crime, drug cases, and other criminal matters
6. Garton & Vogt: * Drug cases, including drug trafficking: Garton & Vogt, P.C. represents people accused of drug crimes including possession, distribution and trafficking of all types of drugs. Because of our area's location on the border between the United States and Canada, many drug crimes involve allegations of trafficking. * Criminal sexual conduct and rape: The state of Michigan and the federal government take sex crimes seriously. Penalties can have a life-changing effect on those convicted. To ensure the best possible results, attorneys at Garton & Vogt, P.C. fight back with strong criminal defense. * Internet sex crimes: With the increase of use of the Internet, the government has gotten tougher on Internet sex crimes including possession and distribution of child pornography as well as solicitation of a minor. * Assault and battery: When you are accused of a violent crime, including allegations of domestic violence, we offer effective legal representation to help you minimize or avoid the consequences. * Drunk driving: If you have been charged with DUI/DWI, it is important to discuss your case with an experienced criminal defense lawyer as soon as possible. * Murder and homicide: It is critical to work with an experienced lawyer if you facing murder charges. These serious crimes often turn on matters of criminal procedure, like illegally obtained confessions or other evidence, that require in-depth knowledge of the law. * Larceny and robbery: When you've been accused of a theft crime, from shoplifting to embezzlement, begin working with Garton & Vogt, P.C. to prepare a strong defense. * White collar crimes: We represent people in a range of crimes, including embezzlement and fraud, that are considered to be white collar crimes. * Other felonies and misdemeanors: Because we have 20 years of experience, we are well equipped to handle a wide range of misdemeanors and felonies in state and federal courts. * Expungement of criminal records: Sometimes it is possible to have your criminal record cleared by the courts. We can help with this civil legal process.
7. Penzien Hirzel: If you are convicted of DUI/OWI in Michigan, you face serious consequences: * Jail time or probation * Heavy fines and fees * Driver's license suspension or revocation * Increased insurance rates * Blemish on permanent criminal record
8. Denise Hirschmann: Have you been arrested for drunk driving and are worried about whether you will lose your license? It is a valid concern. In Michigan there is a mandatory 30 day suspension of your driver's license if you are convicted of DUI/OWI. In addition, you face other consequences including points on your record, exposure to driver's responsibility fees, and even jail time. There is something you can do though. Hiring an experienced DWI defense lawyer can minimize the damages and even protect you from getting an alcohol related charge on your record. ¥ Investigation of the police stop including examination of the field sobriety test ¥ Investigation of blood, breathalyzer/breath, and urine tests ¥ Reduction of charge to impairment so that you can obtain a restricted license that allows you restricted driving privileges ¥ Minimize the number of points that go on your record ¥ Reduce the amount of driver's responsibility fees that you may have to pay ¥ Negotiate with the prosecution to minimize or avoid jail time ¥ Attempt to get charges dismissed, reduced to a non-alcohol offense, or reduce the consequences of an alcohol offense conviction.
9. Charles Shaw: Criminal Offenses - Public law that deals with crimes and their prosecution. This area of law is usually governed by statute or ordinance.
10. Robert Hribar: DUI / DWI / Drunk Driving - skilled legal representation could mean the difference between reduced penalties or large fines, high insurance rates and even jail time.
11. Cy Abdo: The Sixth Amendment Confrontation Clause guarantees every criminal defendant the right "to be confronted with the witnesses against him." Generally, this means that the accused has a constitutional right to cross-examine witnesses who make statements against him. In conjunction with this right, hearsay statements (out-of-court statements offered to prove the truth of the matter asserted) are generally inadmissible. However, there are several exceptions to the hearsay rule, which make the out-of-court statements of a non-testifying witness admissible under certain conditions (in spite of the Confrontation Clause). In fact, the tension created between the admissibility of certain hearsay statements and the conflicting right of the accused to cross-examine witnesses has risen to the level of the U.S. Supreme Court. In assessing the connection between the Confrontation Clause and the hearsay rule, the Court has specifically questioned the hearsay exception for statements against penal interest and the admissibility of accomplice confessions that inculpate the accused. DRIVING UNDER THE INFLUENCE OF DRUGS OR ALCOHOL * OWI: Operate While Intoxicated * OWVI: Operate While Visibly Impaired * OWPD: Operate With the Presence of Drugs * BAC/BAL: Blood Alcohol Content or Blood Alcohol Level In Michigan "Operating While Intoxicated" (OWI) means operating a motor vehicle while under the influence of alcohol to a degree that renders one unable to safely drive a vehicle. It is not necessary for one to be drunk to be arrested for or convicted of OWI in Michigan. Michigan OWI convictions can be obtained where a person operates a vehicle while under the influence of alcohol, with the presence of certain drugs/marijuana or operates a vehicle with a blood alcohol level (BAL) or breath alcohol content (BAC) of .08 or greater. BLOOD ALCOHOL CONTENT: Blood alcohol content (BAC) refers to the ratio of alcohol to blood in the bloodstream. It also accurately reflects the level of alcohol in the entire body. BAC, also known as blood alcohol concentration (BAC), is represented as a percentage. Previously a BAC of .10 percent was considered legally drunk in most states. National legislation in the year 2000 has proposed a national BAC limit of .08 percent. An experienced drunk driving lawyer should be aware of the different types of technology used to establish a person's BAC and know how to refute evidence gained from such devices. Sometimes instruments are not properly calibrated, measure things other than alcohol or instruments are not properly cared for.The Law Offices of Cy M. Abdo will be able to determine if any of these things were a factor in your BAC test. IMPLIED CONSENT LAW: In Michigan, all drivers impliedly consent to have their blood or breath tested for alcohol/drugs simply by obtaining a Michigan driver's license. This is known as the implied consent law. If someone refuses to take a chemical test, the police can obtain a search warrant for a blood sample. Your license can be suspended if you refused a chemical test offered by the police. You are required to request a hearing within the time frame forth in the documents which you received when you were arrested if you refused a chemical test and want to schedule a contested hearing. ZERO TOLERANCE: UNDER AGE 21 WITH BLOOD ALCOHOL CONTENT .02 - .07 Operating a Vehicle, under the age of 21, with blood alcohol not less than .02 grams or more than .07 grams per 100 milliliters of blood, per 210 liters of breath or per 67 milliliters of urine. * Community service not more than 45 days * Imprisonment for not more than 90 days * A fine of not more than $250.00, plus court costs * Costs of arrest, investigation, emergency response & prosecution. * Costs of substance abuse assessment * Restricted license for 30 days, 4 points ZERO TOLERANCE WITH 1 OR MORE PRIOR OFFENSES WITHIN 7 YEARS * Community service not more than 60 days. * Imprisonment for not more than 93 days * A fine of not more than $500.00, plus court costs * Costs of arrest, investigation, emergency response & prosecution * Costs of substance abuse assessment * License suspension for 90 days OWI WITH BAC .17 OR GREATER ("SUPER DRUNKS") - 6 Points Effective October 31, 2010 * $200.00 to $700.00 fine, plus costs * Up to 360 hours of community service * Imprisonment for not more than 180 days * Possible Vehicle immobilization for up to 180 days * License suspended 45 days and restricted for remaining 320 days with ignition interlock 1ST OFFENSE OWI / OWPD - DRUNK DRIVING (.08% threshold BAC) - 6 Points * $100.00 to $500.00 fine, plus costs * Up to 360 hours of community service * Imprisonment for not more than 93 days * Possible Vehicle immobilization for up to 180 days * Possible vehicle forfeiture * License suspended 30 days and restricted for 150 days 1ST OFFENSE OWVI - IMPAIRED DRIVING - 4 Points * Up to $300.00 fine, plus costs * Up to 360 hours of community service * Imprisonment for not more than 93 days * Possible Vehicle immobilization for up to 180 days * Vehicle forfeiture: Not applicable * License restricted for 90 days 2ND OWI / OWPD / OWVI WITH 1 PRIOR OFFENSE WITHIN 7 YEARS * $200.00 to $1,00.00 fine, plus costs * Either Up to 30 to 90 days of community service, or, Imprisonment not less than 5 days or more than 1 year. Not less than 48 hours imprisonment shall be served consecutively. * Plate confiscation required * Mandatory vehicle immobilization from 90 days to 180 days * Possible vehicle forfeiture * License revoked for 2 offenses within 7 years 3RD OWI / OWPD / OWVI (FELONY) WITH 2 PRIOR LIFETIME OFFENSES * $500.00 to $5,000.00 fine, plus costs * Either imprisonment for 1 to 5 years, or, Probation with imprisonment in the county jail for not less than 30 days or more than 1 year and community service for not less than 60 days or more than 180 days. Not less than 48 hours of this imprisonment shall be served consecutively. * Plate confiscation required * Mandatory vehicle immobilization from 1 to 3 years * Possible vehicle forfeiture * License revoked for 2 offenses within 7 years 3 offenses within 10 years 1ST OFFENSE CHILD ENDANGERMENT OWI OR OWVI W/CHILD UNDER AGE 16 * $200.00 to $1,000.00 fine, plus costs * Either 30 to 90 days of community service, or, imprisonment 5 days to 1 year. Not less than 48 hours imprisonment shall be served. * Possible vehicle immobilization for up to 180 days * Possible vehicle forfeiture * License suspended for 90 days and restricted for 90 days 2ND CHILD ENDANGERMENT WITH 1 PRIOR OFFENSE WITHIN 7 YEARS * $500.00 to $5,000.00 fine * Either Imprisonment 1 to 5 years, or, Probation with imprisonment in the county jail for not -less than 30 days or more than 1 year and community service for not less than 60 days or more than 180 days. Not less than 48 hours of this imprisonment shall be served consecutively. * No operation of a vehicle with child under age 16 years * Plate confiscation required * Mandatory vehicle immobilization from 90 to 180 days * Possible vehicle forfeiture LICENCE REVOCATION FOR MULTIPLE CONVICTIONS: The Secretary of State shall revoke the license of a person for any 2 convictions involving drinking and driving within 7 years or for any 3 convictions within ten (10) years. The convictions that resulted in the revocation constitute a prima facie presumption that the person is a habitual offender of Michigan's drunk driving laws. PLATE CONFISCATION: License plate confiscation is required for a 2nd alcohol or drug violation while operating a motor vehicle or a 3rd violation while suspended or revoked and is based upon a reading of the driving record by the arresting officer to determine prior convictions. Law enforcement is suppose to destroy the plate, including the plate on a leased vehicle or of an innocent owner. A paper plate is issued and it expires when the underlying plate expires. The paper plate must be renewed at a branch office. At the time of adjudication of the court case, the owner may obtain a new metal plate, if otherwise eligible. A Notice of Adjudication (NOA) form is provided by the court to the owner of the vehicle. VEHICLE FORFEITURE: A vehicle may be forfeited as a sentencing provision by the Court with respect to certain drinking and driving cases. A forfeiture applies only to the drunk driver who owns the vehicle in whole or in part. If the drunk driver is a partial owner, then the proceeds derived from a disposition of the vehicle are split between the lien-holder and the innocent co-owner, after the secured party and the costs of the forfeiture are satisfied. A person who knowingly transfers or disposes of a vehicle with the intent to avoid forfeiture is guilty of a felony punishable by imprisonment for not more than four (4) years or a fine of not more than $2,000.00, or both. VEHICLE IMMOBILIZATION: When ordered, vehicle immobilization is imposed at the time of sentencing and applies to the vehicle involved in the violation at the cost of the defendant. Each court will set specific immobilization methods, including time and place to have the vehicle immobilized. Immobilization starts after the conclusion of any imprisonment. Immobilization can be waived if the court finds that the defendant is not on the title with the innocent owner and the innocent owner did not knowingly allow the defendant to operate the vehicle while intoxicated. SUBSTANCE ABUSE ASSESSMENT: All convictions for driving under the influence require the Judge to Order a screening for substance abuse. There is a fee due for the assessment which is approximately $125.00. Substance abuse treatment may be ordered at the time of sentence. You are urged to begin a substance abuse program if you have a substance abuse problem or if this is a repeat offense involving drugs or alcohol. OTHER COURT SANCTIONS & COSTS: Fines and costs are due in full on the date of sentence! You may also be responsible for costs of prosecution, arrest, investigation & emergency response. There are other costs which may apply, including but not limited to: probation oversight, cost of incarceration/work release/house arrest. The court may require the installation of a ignition interlock device as a condition of probation. REGISTRATION DENIAL: Repeat violators with multiple alcohol convictions or driving while suspended/revoked, are not eligible to register a vehicle. While subject to registration denial it is a crime to purchase, lease or otherwise acquire a motor vehicle. Upon registration denial, you will be unable to make any registration, renewal, sale or transfer to all vehicles owned or co-owned by persons suspended or revoked. Registration denial ends when a person is eligible to obtain a driver's license. FELONY DRUNK DRIVING: You can be charged with a felony when you are involved in a an incident where you have consumed alcohol which results in an injury or death. In addition, any three (3) offenses for drinking and driving in your lifetime can be charged as a felony which is punishable by 1 - 5 years in prison. Under the prior law, a 3rd offense would be considered a felony only if it occurred within a prior 10-year time period. DRIVER RESPONSIBILITY FEES: Effective October 1, 2003. The law requires monetary sanctions upon posting of certain convictions, and/or upon the accumulation of 7 or more points. The following is a partial list of fees which will be accessed for various offenses. OFFENSE DRIVER RESPONSIBILITY FEE: * OWI/UBAL (Alcohol) $1,000.00 * OWPD (Controlled Substance) $1,000.00 * Fleeing and Eluding $1,000.00 * Impaired Driving $ 500.00 * Person Under 21 with B.A.C. $ 500.00 * Child Endangerment $ 500.00 * Reckless Driving $ 500.00