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Troy Drunk Driving Lawyers

1. Paluda Smolek: OWI/DUI and traffic violations, as well as other minor misdemeanor matters
2. Bajoka, Edward: Facing criminal charges, or a criminal investigation, is never an easy process.
3. Freeman, John: Experience Counts When Your LIBERTY is at Risk
4. Johnson & Johnson:

   The Process

   The Traffic Stop

   Drunk Driving symptoms leading to a traffic stop, based upon research conducted by the National Highway Traffic Administration:

   1. Turning with a wide radius
   2. Straddling center of lane marker
   3. "Appearing to be drunk"
   4. Almost striking object or vehicle
   5. Weaving
   6. Driving on other than designated highway
   7. Swerving
   8. Speed more than 10 mph below limit
   9. Stopping without cause in traffic lane
   10. Following too closely
   11. Drifting
   12. Tires on center or lane marker
   13. Braking erratically
   14. Driving into opposing or crossing traffic
   15. Signaling inconsistent with driving actions
   16. Slow response to traffic signals
   17. Stopping inappropriately (other than in lane)
   18. Turning abruptly or illegally
   19. Accelerating or decelerating rapidly
   20. Headlights off

   In addition, being the only car on the road late at night often leads to being stopped. Oddly enough, speeding is not generaly seen as a symptom of DUI, because of the quicker judgmentand reflexes required.

   When a driver is first stopped, the officer will probably request Field Sobriety Tests. These tests are difficult to anyone to pass, drinking or not, and there is no penalty whatever for not submitting to them, unless you are a commercial driver. And you are not required to answer potentially incriminating questions.

   The Arrest

   If the officer believes that you are drunk or impaired, you will be told that you are under arrest for driving under the influence. You will be hand cuffed, searched for weapons, placed in the back of the officer's car and taken to a jail for further tests and required to stay there for 4 to 24 hours defendant on the blood alcohol level.. At the jail you will also be booked and held there until you post bail or until a judge releases you on your own recognizance without bail.

   Then, you will be arraigned to determine bond in an Interim Bond Hearing. This may be in the presence of a judge, or via closed circuit television. The arrestee should stand mute or plead not guilty. The court will then set an arraignment date, usually within 7 days of arrest

   After being booked and processed, and likely a breath alcohol testing device, the driver will be incarcerated until at least the following day, when the driver will be released or arraigned.

   Arraignment

   Arraignment can be held in person or via a video conference before a judge or magistrate. At arraignment, the defendant can plead guilty, not guilty, no contest, or stand mute on the charges. The criminal charges and the maximum penalties are read to the defendant along with an advice of rights, and a Bond is set. Defense counsel is permitted but not required at the arraignment. You should never plead guilty or admit to a crime without consulting with an attorney. The decision will follow you the rest of your life.

   Court Appearances

   It has been our experience that most Michigan drunk driving cases take about four to six months to fully resolve, and most cases are resolved by a plea bargain agreement. If you hire a lawyer who only follows you in to court and stands next to you as you plead guilty, then your case might only take four to six weeks to resolve.

   It is best to retain an attorney well before your first scheduled Court appearance. Evidence has a way of becoming scarce and stale. The more carefully your lawyer is able to scrutinize the evidence of your specific case, the more tools he will have for your defense. And you not will feel as much at the mercy of uncontrolled forces.

   In Michigan you have a right to have the case completed within 180 days. This 180 day rule typically only applies if you are in jail while waiting for your case to be heard. The "77-day" rule  basically requires that your DUI / OWI arraignment take place within 14 days of your arrest, that there be a pretrial within 35 days, and full resolution within 77 days. But this is not always followed.

   You will not go to trial on your first court appearance. But if you fail to appear for any hearing in any court, it will probably result in the forfeiture of your bond money and a warrant being issued for your arrest to secure your presence in court.

   Preliminary Examination: (felony only): A defendant charged with a felony has the right to a preliminary examination on the charges within 14 days of being arraigned. At the preliminary examination, the prosecutor must show probable cause to believe that a felony was committed, and probable cause to believe that defendant committed that felony. To do so he calls witnesses to testify under oath as to the factual basis of the charges. The witnesses can be cross-examined by the defense counsel.

   Pre-trial Conferences: A pre-trial is a court date when the prosecuting attorney and defense counsel can discuss disputed issues and engage in plea negotiations. A major purpose of the pre-trial is to avoid a full, and expensive, trial. The defendant is required to be present at all pre-trial conferences.

   Motions/Evidentiary Hearing: A variety of motions may be filed prior to trial, to take some action based upon the statutory law, case law, rules of evidence or other authority. An evidentiary hearing permits defense counsel to question witnesses regarding the validity, authenticity and accuracy of evidence that will be relied upon at trial by the prosecuting attorney.

   Trial:  During the trial, the prosecutor must prove each element of the offense beyond a reasonable doubt. The defense attorney may or may not call witnesses. Following the close of defense proofs, each attorney is permitted a brief period of time to present its closing. The closing summarizes the proofs and arguments of each party.

   Administrative Hearings: These occur when a defendant has allegedly refused to consent to a chemical test,  when there has been a fatal crash as part of a drunk driving offense, and when the motorist has been convicted of multiple drunk driving offenses.

   After the Trial or Guilty Plea

   If you are found guilty after trial, or after a plea of guilty has been accepted by the court, a record of your conviction will be made and forwarded to the Michigan Secretary of State. this is a permanent record. This conviction can be used against you should you ever be charged or suspected of criminal activity in the future, and can of course be used to "enhance" future drunk driving offenses to more serious crimes.

   Standard special conditions of Drunk Driving probation include:

   1. Suspension of your drivers license
   2. Routine testing for possible alcohol or drug problems
   3. Completion of at least one type of alcohol education class
   4. Community Service or Volunteer work
5. Steven Stelmach: An experienced attorney is essential to help you prepare your case and introduce proper evidence of sustained absolute abstinence from all forms of alcohol, including so-called near-beer or non-alcohol brews which actually do have some alcohol in them.
6. Michael Morgan: Q: Should I see an attorney before I go to court for my arraignment on drunk driving, or should I wait until afterwards? A: If time permits you’re well advised to see the lawyer first. In many cases he can invoke the Michigan court rule that allows an attorney to waive the arraignment by mail so that you won’t have to go. Q: I refused the breath test. What happens? A: If you refuse the chemical test offered you at the police station (not the portable test on the road) you’re facing one-year total suspension of license in Michigan (two years if it is your second refusal in seven years). YOU MUST REQUEST A HEARING WITHIN 14 DAYS OF ARREST using the form you should have been given by the police at the time of your arrest. Failure to request this hearing will usually preclude you from having a hearing on the refusal.
7. William Morrison: DRUNK DRIVING: Increased penalties and stricter enforcement for violations were put into effect Oct. 1, 2003. License revocations and jail sentences lead to job losses and disruptions to family life. Effective legal help prevents this.
8. Kenneth Miller: In October of 1999, the Michigan Legislature toughened the drunk driving laws in Michigan. Under the new Michigan laws, if convicted, you may be subject to fines, mandatory jail terms, license suspension and / or revocation, vehicle forfeiture or immobilization. Now more than ever you need an attorney to protect your rights.
9. John Talpos: DRINKING & DRIVING CHARGES are among the most difficult cases for a lawyer. Without minimizing society's justifiable concern for the tragedy potential of drivers who have drunk too much, the lawyer must engage in extensive legal research, be aware of the weaknesses of the blood alcohol testing devices, and be able to present those weaknesses to a jury in terms that lay persons can understand. Talpos & Arnold principal, John C. Talpos, is recognized as an expert in this area of law. Additionally, he has presented seminars on this topic to hundreds of lawyers on behalf of Michigan's Institute of Continuing Legal Education. DRINKING and DRIVING Operating Under the Influence of Liquor In Michigan. Cases involving operating a motor vehicle under the influence of liquor are among the most difficult for a lawyer. Without minimizing society's justifiable concern for the tragedy potential of drivers who have drunk too much, the lawyer must engage in extensive legal research, be aware of the weaknesses of the blood alcohol testing devices, and be able to present those weaknesses to a jury in terms that lay persons can understand. Talpos & Arnold principal, John C. Talpos, is recognized as an expert in this area of law. Additionally, he has presented seminars on this topic to hundreds of lawyers on behalf of Michigan's Institute of Continuing Legal Education. Learn more, click here to view our DUI Video: WMV or MOV Advice Regarding OUIL In Michigan. * Avoid any type of vehicle if you have become impaired by overindulging, because any means of transportation can lead to an OUIL conviction. * Don't assume that you can't be arrested for OUIL on private property, because you can be charged with OUIL in most states, regardless of your location, if it is a place open to the public. * If sleeping inside a car after you have been drinking, do so in the back seat, with the ignition off and the keys in your pocket, with the car off the highway. But Suppose You Have Been Arrested for OUIL In Michigan. * Michigan has penalties relating to "refusal" to submit to a blood, breath, urine or other test. * Even if you took the police officers' requested test(s), you MAY be facing license suspension or revocation if your breath, blood or urine test result exceeds Michigan's prohibited level. * Don't delay in contacting competent and knowledgeable legal counsel to assure that you protect your legal rights. Appeals must be started within a few days of arrest in most Michigan. DID YOU KNOW.... * DID YOU KNOW that there are 3 drinking and driving offenses ("drunk" driving, "impaired" driving, and "unlawful blood alcohol level" - UBAL)? * DID YOU KNOW that if you are convicted of "drunk" driving or UBAL, you cannot even get a restricted license for at least 30 days? * DID YOU KNOW that if this is your second alcohol related conviction in 7 years, you cannot get a restricted license for at least one year? * DID YOU KNOW that your plates will be canceled and your car immobilized for up to 180 days of you knowingly allow a person with a suspended license to drive your car? * DID YOU KNOW that your plates can be canceled and car impounded for up to 180 days if you are convicted of driving on a suspended license? * DID YOU KNOW that breathalyzer results can be as much as 50% off?