Northville Drunk Driving Lawyers
- Corriveau Law:
Often times good people make bad decisions. At Corriveau Law, we understand that poor decisions should not define who you will be fore the rest of your life. By hiring a Firm who will litigate every case where injustice exists, you will ensure that your rights are being protected. One such common problem one may find themselves facing is Driving Under the Influence of Alcohol or Illegal Substance, also called Drunk Driving.
Drunk Driving
Often times, people ignore the complexity involved in this area of law, and choose to accept guilt for their perceived actions.
- Langshied, Mark:
An attorney may be able to negotiate a favorable plea that avoids or
reduce points and is not reported to the Secretary of State. This can
help avoid insurance rate hikes. If this is not possible, a formal
hearing can be held which is similar to a trial. Your attorney can ask
you questions to establish your case, cross-examine the police officer,
and argue on your behalf. The judge will then determine whether you are
responsible for the ticket.
ADDITIONAL INFORMATION ABOUT OWI OR OPERATING WHILE INTOXICATED IN MICHIGAN
MICHIGAN LEGAL LIMIT LOWERED
In 2003, Michigan lowered the legal limit from .10 to .08! This means that even more will be arrested in Michigan for drunk driving. For example, a 120-pound individual who has 3 drinks in his or her body will be over the limit; a 160-pound individual who has 4 drinks in his or her body will be over the limit. Many individuals donÕt realize this.
OPERATING WHILE INTOXICATED (OWI) AND OPERATING WHILE VISIBLY IMPAIRED (OWVI) DEFINED
There are two charges of drunk driving / DUI called Operating While Intoxicated (OWI) and Operating While Visibly Impaired (OWVI). With regard to Operating While Intoxicated or OWI, the prosecution must prove that the defendant was under the influence of alcohol (ability to operate vehicle substantially lessened) or that a blood alcohol level was .08 or more. To prove Operating While Visibly Impaired or OWVI, the defendant must have driven with less ability than would an ordinary careful driver.
POSSIBLE PENALTIES
First and foremost, Operating While Intoxicated (OWI) and Operating While Visibly Impaired (OWVI) are crimes. Possible penalties, depending upon the offense, are:
* Jail
* Fines
* Community Service
* Attend alcohol programs
WhatÕs more, your driverÕs license is on the line. Possible penalties for Operating While Intoxicated (OWI) in Michigan are:
* Restrictions, suspension or revocation of license
* Points
* Plate confiscation
* Vehicle immobilization
* Vehicle forfeiture
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THE GOOD NEWS
While conviction for Operating While Intoxicated (OWI) and Operating While Visibly Impaired (OWVI), is a real possibility other, more favorable outcomes exist, such as:
* Not guilty: A judge or jury could find you not guilty after a trial.
* Dismissal: Your case may be dismissed after a hearing based upon some deficiency in the prosecutionÕs case.
* Plea: You may plea bargain for a reduced charge or lighter sentence.
OWI DEFENSES
Defenses may provide grounds for your case being reduced, dismissed (thrown out) or an acquittal. Some examples of defenses for Operating While Intoxicated (OWI) and Operating While Visibly Impaired (OWVI) include:
IMPROPER STOP
The police must have a proper basis to stop your vehicle.
IMPROPER ARREST
The police must have sufficient evidence to justify the arrest Š they must have probable cause.
CHEMICAL TEST DEFICIENCY
The police may, for example, fail to follow proper procedure in the administration of the test or fail to properly maintain or calibrate the machine. For example, in a recent OWI (operating while intoxicated) case I handled, I obtained video depicting the test. This video was important because it showed that the police officer failed to observe my client for 3 minutes during the 15 minute observation period before administration of the test.
RISING BLOOD ALCOHOL
Your blood alcohol level may have been higher at the time of testing than when you were driving.
POLICE OFFICER ERRORS
Errors in the police report can affect the officerÕs credibility. For example, in a recent case, the police claimed that they observed my client swerve over the yellow line and, when he was counting backwards from 95 to 85, failed to stop counting at 85 as instructed. Untrue. The in-car video showed the opposite to be true. These types of errors can greatly weaken the prosecutionÕs case.
YOU PASSED THE SOBRIETY TESTS
If you passed the sobriety tests (these are the physical tests like walk and turn), this is strong evidence in your favor.
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