Grand Rapids Drunk Driving Lawyers
- Caldwell, Mark:
* Felonies and Misdemeanors
* Robbery and Theft
* Weapons Charges
* Drug Charges
* Domestic Violence
* Juvenile Offenses
* Retail Fraud
* Probation Violations
* Expungement of Criminal Charges
* And Many Other Charges
- Golden, Thomas:
Our most common cases include:
* Drunk Driving: OWI / OUIL / OWPD
* Driving While License Suspended: DWLS
* Domestic Violence
* Assault and Battery
* Disorderly Conduct
* Probation Violation
* Malicious Destruction of Property
* Unlawful Interference of an Electronic Communication Device
We also handle:
* Drivers License Restoration
* Traffic Tickets
* MIP
- Dimitriou Law Office:
Contract Development & Negotiation
Business Formation
Document Preparation
*
Leases
*
Purchase Agreements
*
Articles of Incorporation
*
Operating / Management Agreements
*
Actions by Shareholders
*
Actions by Board of Directors
Family Law, including:
* Divorce
* Custody
* Child Support (modification)
* Spousal Support (modification)
Drug Offenses, including:
* Trafficking
* Manufacturing
* Possession or Use
Sex Crimes, including:
* Sexual Assault
* Date Rape
* Indecent Exposure
Felony & Misdemeanor Crime, including:
* Armed Robbery
* Arson
* Assault
* Burglary
* Domestic Violence
* Kidnapping
* Theft (including by fraud or by contractor)
Homicide
White Collar Crime
Traffic Offenses, including:
* Driving Under the Influence (DUI)
* Driving While License Susp. (DWLS)
* Vehicular Manslaughter
* Reckless Driving
* Hit & Run
Immigration Law, including:
* Master/Individual Hearings
* Deportation/Removal Defense
* Appeals
* Change of Status
* Application Assistance
CRIMINAL DEFENSE
DOMESTIC RELATIONS
IMMIGRATION
BUSINESS LAW
- Lykins Law:
Today, Michigan's law regarding drunk driving are changing quickly. It is important that those convicted for their 2nd offense realize that Michigan no longer time bars use of prior drunk drivings to charge OWI 3rd offense. As such, any 2 prior convictions in a lifetime can be used to charge a 3rd drunk driving as a felony.
- Portko, Jeffrey:
When people are accused of a crime, they face a real possibility of
being incarcerated. A good attorney can negotiate with prosecutors and
can often arrange for reduced charges or lesser sentencing, or have the
charges dismissed. You need to plead NOT GUILTY to protect your
rights! People who have been recently arrested need to talk to an
attorney as soon as possible. The most urgent priority is often getting
a lawyer to help arrange a release and provide some information about
what's to come in the days ahead. ... (P)rotect your Constitutional
Rights to a fair and speedy jury trial.
- Lambert, Kelly:
simple misdemeanor or a more serious felony
- Jansma, Jason:
In the Grand Rapids area and across Michigan, authorities take drunk driving Ñ technically called operating while intoxicated (OWI) Ñ very seriously. Enforcement is aggressive and penalties are severe.
- Stanley, Frank:
The consequences of a criminal conviction can be devastating. These charges must be vigorously defended.
- Twohey Maginni:
* Drunk driving / DUI / DWI / drinking and driving
* Sex offenses - Including Internet solicitation and child pornography.
* White collar crimes - Including fraud and embezzlement
* Assault, battery, domestic abuse, and other crimes of violence
* Murder
- Gordon & Shaw:
OWI (OUIL), Drunk Driving: If you have been charged with OWI (operating while intoxicated, formerly called OUIL - operating under the influence of liquor), you could lose your driver's license and be subjected to heavy fines and other punishments if you do not act quickly. There are certain rights that you must assert early on in your case and its important that you have an experienced attorney that understands the legal process completely.
- Worsfold Macfarlane McDonald:
If you have been arrested for drunk driving in Michigan, a lot is at stake in the outcome of your case. For a first OWI (operating while intoxicated) offense, you face penalties of up to 93 days in jail, a $500 fine and up to 360 days of community service. The court has the right to suspend or restrict your driver's license for up to 180 days. The Michigan Secretary of State also imposes a Driver Responsibility Fee, which is separate from your fine and courts costs, of $1,000 a year for two years. If you don't pay this fee, your driver's license will be suspended.
- Block, Bruce:
There is a Lesser Offense
People may wonder how legal representation can help ease the consequences related to a drunk driving (DUI/OWI) offense. The prosecution is tough on drunk driving allegations, and offenders are often cut very little slack. However, effective legal representation can challenge that drunk driving arrest, and the consequences can be minimized. Impaired driving, reckless, or careless driving charges can reduce points on your license, cut fines in half, reduce the first 30 days of driver's license suspension, and allow your driver's license to be reinstated sooner.
- Mapes, Jeffrey:
* Drunk Driving / OWI
* Drug Cases
* Criminal Sexual Conduct
* Assault Charges
* Domestic Violence
* Weapons Charges
* Pre-indictment / Investigation
* All felonies and misdemeanors
- Dunn, Michael J.:
There are immediate and long-term consequences for a drunk-driving conviction in Michigan. As the state tries to cut down on incidents of OWI (known elsewhere as DUI, DWI or DWAI), enforcement and prosecution are on the rise. From losing your driver's license to jail time, an OWI conviction can have a tremendous negative impact on you and the people you love.You need to protect your rights.
- Hendricks & Watkins:
RIGHT TO AN ATTORNEY
Defendants have the right to an attorney throughout legal proceedings. The court will appoint an attorney for the defendant at no charge if he/she cannot afford to hire one. Yet, at the end of the case, may be asked to pay all or part of the cost for that attorney, if he/she can afford to.
RIGHT TO A JURY TRIAL
Defendants have the right to a speedy, public jury trial. At the trial, the defendant is presumed innocent, and cannot be convicted unless 12 impartial jurors have been convinced of the defendantÕs guilt beyond a reasonable doubt.
RIGHT TO CONFRONT WITNESSES
Defendants have the right to confront and cross-examine all witnesses testifying against them.
RIGHT AGAINST SELF-INCRIMINATION
The defendant has the right to remain silent, to prevent self-incrimination, and the right to testify on their own behalf.
RIGHT TO PRODUCE EVIDENCE
The defendant has the right to present evidence and to have the court issue a subpoena to bring into court all witnesses and evidence favorable to them, at no cost to them.
RIGHT NOT TO BE SUBJECT TO UNREASONABLE SEARCH AND SEIZURE
The defendent has the right not to be searched. This right is granted unless consented to by the person being searched. There are a number of exceptions to this rule. Plese consult a qualified attorney to discuss in detail.
YOU SHOULD CONSULT AN ATTORNEY TO GAIN AN UNDERSTANDING OF :
¥ The admissibility of Possible evidence
¥ Your rights
¥ Possible sentences
¥ Any Defenses you may have
REMEMBER THAT THE HIRING OF AN ATTORNEY IS A VERY IMPORTANT DECISION AND ONE YOU SHOULD MAKE BEFORE SPEAKING WITH THE INVESTIGATING AUTHORITIES.
- Kelly Law Offices:
Driving While Intoxicated, DUI
The offense of operating a motor vehicle while under the influence of
alcohol or drugs. State law controls both the definition of Òoperating,Ó
such as whether it includes the actual driving of the car or merely
sitting in the car, and the level of intoxication needed in order to be
found in violation of the law.
Operating While Intoxicated (OWI)
These offenses arise out of the driving or operating of a motor vehicle while under the influence of alcohol or drugs. State law controls both the definition of Òoperating,Ó such as whether it includes the actual driving of the car or merely sitting in the car, and the level of intoxication needed in order to be found in violation of the law.
If you have been charged with a drunk driving offense, you need a dedicated, reliable and aggressive attorney who has been successful in defending OWI cases for decades. Drunk driving in Michigan is a very serious matter. You may lose your driving privileges from anywhere between a year and permanently.
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The Stop Itself
*
Roadside Sobriety Tests
*
The Manner in Which the Sobriety Tests were Conducted
*
Arrest Warrants
*
DataMaster Tests
*
Blood Tests
Felony and misdemeanor charges often accompany a drunk driving charge. For example, if a driver has been pulled over because the police have reasonable suspicion of a traffic violation or illegal activity and the officer smells or sees marijuana in plain view; not only does the client have to deal with drunk driving charges but also the possibly of felony drug possession.
If you, or someone in your family, have been charged with an OWI in Michigan, your license may be restricted for up to six months and with subsequent arrests, you could lose your license permanently. You could also face jail time, heavy fines, community service, rehabilitation, immobilization, or forfeiture.
- Mika Meyers Beckett & Jones:
One of the most important rights you have is the right to remain silent. In order to ensure your defense attorney has the opportunity to structure the most effective defense possible, avoid discussing your situation with police, investigators, friends, or family.
- Willey Chamberlain & Yates:
The Michigan Penal Code and the federal Criminal Code include a variety of other offenses, such as theft and larceny, retail fraud, breaking and entering and home invasion, civil rights violations, ethnic intimidation, conspiracy, racketeering, counterfeiting, extortion, gambling, perjuryÊand computer crimes.Ê Moreover, under Michigan law, there are many serious criminal offenses that involve the operation of a motor vehicle.Ê
Some of these offenses are misdemeanors, and some are felonies.Ê Generally, a misdemeanor is an offense punishable by up to one yearÕs imprisonment, and if the court imposes a term of confinement it is typically served in a county jail.Ê A felony, on the other hand,Êcan beÊpunishable by more than one yearÕs imprisonment, and if the court imposes a term of confinement there is a good chance it will be served in prison.
Defending these cases requires experience and skill.
- Jason Barrix:
Michigan became the 44th State to adopt the .08 blood alcohol content
and now has some of the toughest Drunk Driving Laws in the Country.
Previously the law was .10 for OUIL/UBAL and the lesser offense of
Operating While Impaired (OWI) was infered at .08 and .09. As of
October2003 Michiganadopted the .08 standard for what is now called OWI
or operating while intoxicated. Impaired is now any amount of alcohol
which visibly affects your ability to drive. Michigan also added
Operating with the Presence of Drugs (OWPD) in ones system.
This is different from the former law which was Operating under the
influence of drugs. The Government no longer has to prove that the drugs
impaired your ability to drive. If you used a schedule 1 drug such as
marijuana and then drove two weeks later you could face the same
consequences as a person who is clearly intoxicated, if that drug is
still present within your system.
Michigan has also added a series of bad driver fees in addition to the
fines and costs listed below. This mean on an offense of OWI or OWPD you
will have to pay $1,000.00 for the next two years and $500.00 on an
impaired for the next two years.
A drunk driving charge will stay on your criminal history forever and
simply should not be taken lightly. You should have an attorney who
understands not only the process of the Courts but also the scientific
concepts involved in what is one of the more complicated areas of law.
A conviction means the loss of driving privileges, potential jail,
probation, fees to the state and increased insurance costs. For many it
can mean the loss of Freedom, income and a profession.
When facing this issue you should not accept anything less than an
attorney committed to understanding this area of law.
The Stop
In the defense of drunk driving clients we analyze many issues. The
most prominent issues center on the stop, the procedures employed in
giving the breath test and the calibration of the testing device.
Police officers suspect drivers often based upon the time of the
driving. Early morning hours will often raise police officers
suspicions to the point that they will follow your vehicle until they
find a reason to stop the vehicle. The reason can be based on a one
time of crossing the fog line on the right side of the road to having a
burned out light over the license plate (defective equipment). Police
have even been so obvious as to pull a person over based on an air
freshener hanging from the rear view mirror (obstructed view), the
Court of Appeals has held that obstruction must actually obstruct your
view.
The first issue we evaluate in your case is the basis of the stop. Did
the police officer have a reasonable suspicion to stop your vehicle, did
the officer have probable cause to arrest. I have successfully had DUI
cases dismissed for lack of probable cause.
Field Sobriety Tests
Often person will submit to these roadside tests because they were asked
to. Field Sobriety Tests (FST) or dexterity tests are not required.
There is no penalty for refusing these. Often a Police Officer has made
up his mind to arrest before he even asks you to perform these tests.
The purpose of these tests is to build evidence against you, not to set
you free. Many times people pass these tests and they are arrested
anyway. Further, how you perform on these tests, pass or fail, is up to
the officer without witnesses. Not exactly fair combined when issues of
weather, surfaces, traffic, nerves and other factors that compromise the
validity of these tests. Carefully decide if you want to perform these
tests.
I have been able to educate clients, juries and even some police
officers the flaws within these tests. Just because the officer says
you did not perform the test correctly doesn't mean it shows drunk
driving. Often times we can show the tests mean nothing at all.
Preliminary Breath Test (PBT)
Michigan law requires a person to submit to a PBT test upon the request
of a police officer who has a reasonable cause to believe you are OWI.
Refusal of the PBT is $100.00 zero point civil infraction. The PBT can
be used to establish probable cause for the arrest. It is not allowed
to be admitted in Court as evidence except under limited circumstances.
Often our clients have benefited by not taking this test.
However, if the officer does not read the PBT right or follow the
testing procedure we may be able to get it suppressed under all
circumstances.
Data master Breath Test, Blood and Urine
Michigan has adopted an implied consent law. The implied consent
statute requires the police to read your chemical tests rights to you
once you are under arrest for a drunk driving or operating with presence
of drugs. This requires a person who is under arrest to submit to a
blood, breath or urine test at the request of a Police Officer. We
generally advise most clients to take this test then request a urine
test after taking the Data master.
The Data master in Michigan is required to be administered in a specific
manner so as to insure some scientific reliability. We order straight
from the manufacturer and the law enforcement agency all records
regarding these machines to ensure the machine was working according to
the all the rules required by the State of Michigan. These rules are
complicated and lengthy and we have 16 years experience in understanding
and applying these rules to our client's case.
We have helped clients get the result suppressed and not guilty verdicts
due to our knowledge and careful examination of these records. We ask
questions and examine records that other lawyers not only don't, but
never think to ask.
Refusal a chemical test after being placed under arrest for drunk
driving under the implied consent law results in 1 year suspension of
your driving privileges with a hardship restriction available on appeal
to the Circuit Court. A second refusal is a two year suspension with no
restricted privilege.
Experts
Expert witnesses help juries understand the technical evidence in a
case. Experts are qualified by the Judge in the Court the case is being
heard. In drunk driving cases the experts are typically used to explain
the myths and failures of the Breath testing devices and the field
sobriety tests.
- Sawyer Law Offices:
A cultural stigma has become associated with drunk driving that was
not present in our society even a decade ago. Public perception
categorizes people charged with drunk driving as criminals, even before
they have been convicted of any crime. In Michigan, there are three
distinct drunk driving offenses: - Operating under the
influence of intoxicating liquor (OUIL)
- Driving with an unlawful
bodily alcohol level-content (UBAL-UBAC)
- Operating while
impaired (OWI).
Being arrested for operating under the
influence of intoxicating liquor (OUIL), driving with an unlawful bodily
alcohol level-content (UBAL-UBAC), or operating while impaired (OWI) can
be a scary proposition, to say the least. Depending on the offense, a
conviction in Michigan carries with it the possibility of the following
sanctions: - A permanent criminal record
- Suspension or
loss of license
- Increased insurance rates
- Community
service
- Possible jail or prison time
- Alcohol assessment
and treatment
- Probation
- Vehicle immobilization or
forfeiture
- Serious fines
- Possible job loss
- Shimmel Law Offices:
Traffic violations can have serious criminal consequences, particularly
when a driver is accused of drunk driving, which is sometimes referred
to as driving under the influence, driving while intoxicated, operating
while intoxicated, or the acronyms of OUIL, DWI, DUI, UBAL, UBAC, or
OWI. Depending on the level of offense, a conviction on drunk driving
charges may result in fines, license suspension or revocation,
community service, probation, vehicle immobilization or forfeiture, and
possibly land you in jail or prison. In addition, your insurance
company may increase your rates to an unmanageable level. In defending
against a drunk driving charge, you have many rights as a criminal
defendant, including the right to cross-examine the witnesses against
you, even if they are police officers.
- Jerry Buerkens:
How do you get my driver's license back? The process is called license
restoration , and you will need to prove the following things in order to
receive your driver's license back: prove sobriety for a sixth month period;
show you are a member for Alcoholics Anonymous; have three individuals vouch
for your sobriety; and show that you have received some level of counseling.
Attorney Jerry Beurkens can help you through this process.
Michigan law defines three levels of offenses involving drunk driving:
First Offense: Your first offense could result in license sanctions, such as a six-month suspension, and up to ninety days in jail.
Second Offense: A second offense is committed when an individual accrues two drunk driving charges within a seven-year period. The second offense could result in a one-year jail sentence and an indefinite loss of your driver's license.
Third Offense: If you have received three drunk driving charges within a ten-year period, you have committed your third offense. These charges can include out-of-state offenses as well. The third offense is considered a felony offense, and could result in a one-to-five-year jail sentence and the permanent loss of your license.
How do I get my driver's license back?
The process is called license restoration. In order to get your driver's license reinstated, you will need to prove the following before the court: sobriety for a sixth-month period, proof of membership in a recovery program, such as Alcoholics Anonymous; provide three individuals who can vouch for your sobriety; and demonstrate that you have received some level of alcohol abuse rehabilitation counseling.
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