Michigan Criminal Lawyers Blog

Michigan news from Emmet County reports indicate that law enforcement is out in force this holiday season. With the slogan "Drunk Driving. Over the Limit. Under Arrest," from now through New Year's day state troopers are on "directed patrol, looking for criminal activity on the roads with operating while intoxicated (OWI) drivers being the biggest one's targeted."

While officers will be on the look out for drunk drivers, reckless drivers and seat belt use violators, it is crucial that responsible drivers pulled over in error, without probable cause or where law enforcement violate individual's rights be able to protect themselves from drunk driving charges and penalties.

If you have are charged with Michigan drunk driving, the first thing to do is call an experienced drunk driving criminal defense attorney in Michigan immediately to protect your rights and begin preparing your defense.

In fact, in many situations drunk-driving charges can be reduced or even DUI charges dismissed as the result of common police errors.

Although everyone wants to ensure the safety of Michigan roads, it is imperative to protect your rights, your driving privileges and your reputation. A drunk driving charge will not only damper the holiday spirit but may also have a lasting impact on your freedom.

Continue reading "Holiday Crackdown On Michigan Drunk Driving May Lead To False Arrests" »

Earlier this week, a Detroit man pleaded guilty to allowing an unlicensed minor to operate a motor vehicle after he allowed his 9-year-old daughter to be his designated driver. According to the Wayne County prosecutor's office, Shawn Weimer also pleaded guilty to second-degree child abuse. Weimer's case gained national attention after his daughter was shown on surveillance video bragging about her driving skills.

Weimer himself had reportedly consumed half a bottle of whiskey and did not want to drive under the influence. Michigan has some of the toughest drunk driving laws in the country. If you have been charged with a DUI/OUI or other drunk driving offense it is important to consult with a drunk driving attorney in Michigan immediately to fight the charges and protect your driving privileges.

Many individuals charged with DUI/DWI are scared to fight back and mistakenly believe that if they have been charged with a drunk driving offense, they will be found guilty. This is not the case. In fact, in many situations an aggressive criminal defense lawyer in Michigan can fight the charges, by pointing out flaws in the evidence or challenging the stop itself, and successfully get OUI charges reduced or eliminated. Although not every strategy will work in every case, a number of common police errors and missteps occur in drunk driving stops that drunk driving defense lawyers can use as part of a vigorous defense.

Continue reading "Detroit Dad Pleads Guilty After Using 9-Year-Old Daughter As Designated Driver" »

Rima Fakih - former Miss USA was arrested over the weekend in Highland Park, Michigan on a suspicion of drunk driving. According to reports, Fakih's blood alcohol content measured a 0.20, more than twice Michigan's legal limit. Under Michigan law if a first-time offender's BAC is greater than 0.17, they may be charged under Michigan's super-drunk law. The super-drunk law imposes significant penalties including mandatory license revocation followed by driver's license restrictions and the installation of a mandatory interlock device on their vehicle. Offenders may also be required to submit to mandatory substance abuse counseling and pay significant fines.

If you have been charged with any Michigan drunk driving charge, consulting with an experienced criminal lawyer in Michigan as soon as possible is important to protect your driving privileges and begin preparing your defense.

Although generally a first time offender will not go to jail, in certain instances and in certain Michigan courts judges are more likely to hand down tough sentences. For example, the 48th District Court in Bloomfield Hills is notoriously tough on OUIL offenders, having sent Jalen Rose to jail for 20 days after just one infraction.

Here, Fakih's celebratory and her excuse - that she was behind the wheel because her friend "was not in a condition to drive", may or may not sway a judge to give her a lighter sentence. Although judges are generally more compassionate on fist time offenders in Wayne County than Oakland County, what the evidence shows is an important consideration. By challenging the police decision to stop a vehicle or pointing out errors in blood or breath sampling equipment or in roadside tests, a top criminal defense lawyer in Michigan may be able to get charges reduced or dismissed.

Continue reading "Former Miss USA Arrested On A Suspicion of Drunk Driving, May Be Charged Under Michigan's Super-Drunk Law" »

In anticipation of the start of a busy holiday travel season, the National Transportation Safety Board has issued new drunk driving statistics. With so much attention being paid to reducing the incidence of drunk driving, its important to have a designated driver if you have been drinking and to know your rights in the event you are stopped on a suspicion of driving under the influence.

According to the study, drunk driving crashes are expensive, costing the United States more than $132 billion annually. They also are deadly, accounting for more than one-third of all deaths. Earlier this year, the NTSB revealed that Michigan was one of eight states that have done the least to deal with "hard-core drinking and driving." Michigan received its poor review based on its failure to implement many of the 11 elements the NTSB believes are needed to stop drinking and driving. Michigan has only adopted two - DWI courts and confinement alternatives.

If you have been detained for drunk driving it is important to contact a Michigan criminal defense attorney to help protect your driving privileges and keep you out of jail. Many time individuals are stopped without the requisite cause for making the stop. Charges may be thrown out or reduced if police officers fail to follow proper procedures in detaining you. Further, where your arrest is based on results of a blood or breath test, the results may be challenged. In some instances a breath test may not be administered correctly, or the machine used to measure alcohol content may not be working property. Additionally, the timing of blood tests may affect your blood alcohol content measurement and have significant consequences concerning whether you are considered over the limit or not. An aggressive Michigan drunk driving defense attorney can challenge test results and seek to have invalid and / or unreliable tests results thrown out. In these instances, it is possible that charges of DUI/ OUI may be dismissed or reduced.

Although the NTSB recommends sobriety checkpoints as a method of deterring drunk driving, Michigan has declared these drunk driving roadblocks illegal under the state constitution. If police or other law enforcement officials lack sufficient cause to stop you, evidence collected as the result of the stop may be thrown out.

Continue reading "Law Enforcement Cracking Down On Michigan Drunk Driving During Holiday Weekend" »

The American Civil Liberties Union has recently issued a statement accusing the FBI of racial profiling - the targeting of racial, ethnic and religious groups for investigation by associating criminal behaviors with specific communities. One of the areas specifically mentioned in its report was Michigan. According to the report, Michigan's Arab-American and Muslim communities have been targeted for investigation as a possible terrorist recruitment ground. The ACLU labels such practice as "racial profiling on an industrial scale" and is calling for Attorney General Eric Holder to put an end to this practice.

If you feel you have been targeted unfairly by police, or have been improperly detained for investigation into an alleged crime, it is important to obtain the help of an aggressive Michigan criminal defense attorney at once to challenge law enforcement's authority and protect your constitutional rights. Under the constitution, the 4th amendment prohibits police officers or other law enforcement from stopping a person without evidence they were involved in a crime.

The lack of a valid reason for stopping an individual may serve as a defense - including as a DUI defense or drug possession defense.

The ACLU notes, "Today the FBI is engaged in unconstitutional and crude stereotyping, attributing certain types of crimes to entire racial and ethnic communities around the country. It is then collecting racial and ethnic information to "map" those communities on the basis of race, ethnicity, religion, and national origin. Sweeping away protections that have been in place since the 1970s, new, permissive regulations also allow the FBI to spy on innocent Americans and peaceful groups with little or no suspicion of wrongdoing."

Continue reading "ACLU Alleges Widespread Racial Profiling In Michigan In Violation Of Constitution" »

The Detroit News reports that Detroit Pistons basketball star Ben Wallace was recently charged with Michigan drunk driving after being stopped and arrested over the weekend for erratic driving on Telegraph Road at Long Lake. He was driving a 2007 Cadillac Escalade and was arrested around 3 a.m.. Wallace was also arrested on Michigan weapons charges. The Detroit News reports Wallace was given a breathalyzer test that showed he had a blood alcohol count of 0.14%, which is above Michigan's legal limit above of .08%.

In a search conducted pursuant to the stop, police discovered an unloaded semi-automatic pistol in a backpack in the passenger area with a fully loaded magazine. The police report states that the .28-caliber FNH semiautomatic pistol was registered to Wallace's wife.

Bloomfield Hills 48th District Court Magistrate Judith Holtz arraigned Wallace on the OWI misdemeanor as well as the weapons charges. This was Wallace's first drunk driving offense.

Being arrested and charged with a Michigan drunk driving offense, weapons charges, or any other Michigan crime may have serious consequences. It is important to contact an aggressive Michigan criminal defense lawyer immediately to protect your rights and begin preparing your defense. Often, errors in police conduct may lead to charges being reduced or even dismissed.

In an ironic twist, Wallace had originally been assigned to Oakland County District Court Judge Kimberly Small who has earned a reputation for handing down unduly harsh sentences to first time offenders. This past summer, Small sentenced for NBA and Michigan basketball star Jalen Rose to 20 days in the Oakland County Jail along with one year's probation for a West Bloomfield Township drunk driving incident. Small stated she imposed such a harsh sentence in order to "send a message" about the dangers of driving while intoxicated.

Continue reading "Detroit Piston Ben Wallace Arrested On Drunk Driving Charges " »

With the end of summer and Labor Day, Michigan law enforcement was out in force across the state cracking down on drunk driving. In fact, news reports that 35 Michigan counties had stepped up drunk driving enforcement during the last few weeks of August through Labor Day. Some of the counties cracking down include Washtenaw, Wayne, Lenawee, Livingston, Macomb, Monroe and Oakland Counties.

With increased enforcement, numerous drunk driving arrests were made statewide. If you were detained and charged with Michigan drunk driving you need the help of an aggressive Michigan drunk driving lawyer immediately to fight back and protect your driving privileges. Remember, just because you were charged does not mean you will be found guilty of Michigan DUI/OUI. Numerous defenses exist to all driving under the influence charges. An experienced Michigan DUI defense attorney can challenge drunk driving stops and flaws in the evidence and in many cases may be able to get DUI charges reduced or eliminated.

Michigan drunk driving penalties are severe, an aggressive Michigan DUI lawyer can fight to protect your driving privileges and help you avoid harsh consequences such as:

• Jail time of up to 93 days for a first offense
• Fines
• Drivers license restrictions including points on your license and license suspension
• Community service
• Potential installation of an ignition interlock device

Continue reading "Labor Day Crackdown On Michigan Drunk Driving Leads To DUI Arrests And The Need For DUI Defense" »

In a recent decision, the 6th Circuit Court of Appeals, which includes the state of Michigan, determined that a police officer violated an individual's constitutional rights when he engaged in a low-speed chase.

Your constitutional rights protect you if you are under investigation for or been charged with a Michigan crime. If police officers violate your rights, the charges may be reduced or dismissed. An experienced Michigan criminal defense lawyer can advise you concerning your rights.

In Walker v. Davis, a Kentucky man - Thomas Germany - was killed while riding a motorcycle across an empty field in the middle of the night. The incident occurred after a police officer clocked Germany riding his motorcycle at 70 mph in a 55 mph zone. The officer tried to the pull Germany over, but he refused to stop. Another officer heard about the attempt on the radio and tried to intercept Germany on his cruiser. When he failed, the second officer engaged in a slow speed pursuit, following Germany across a muddy field. The officer then intentionally ran into the motorcycle, knocking Germany off the cycle and crushing him with his police cruiser.

The appeals court determined that the police officers action's clearly violated Germany's constitutional rights stating, "It has been settled law for a generation that, under the Fourth Amendment '[w]here a suspect poses no immediate threat to the officer and no threat to others, the harm resulting from failing to apprehend him does not justify the use of deadly force to do so." Here, Germany was not a threat to anyone - he was riding his motorcycle in the middle of the night across an open field. As the result, the court determined it was a violation of Germany's 4th amendment rights to use deadly force.

Continue reading "6th Circuit Finds Police Violated Individual's Constitutional Rights In Low-Speed Chase in Walker v. Davis " »

When former NBA star Jalen Rose was sentenced to 20-days in an Oakland County Jail for a first-time Michigan drunk driving offense, Judge Kimberly Small told the courtroom that the sentence was used to "send a message that there will be serious consequences" for drunk driving.

Rose's sentence is harsh for a first time offender with a clean criminal record and a history of philanthropy and community service. According to the Detroit Free Press, most judges in the metro Detroit area as well as nationwide sentence first time offenders to time served. Where a driver's blood alcohol level (BAC) is above 0.17%, then the sentence may include a few days in jail. Rose's sentence, whose BAC registered 0.08% at the scene, far exceeds the typical drunk driving penalty.

If you have been arrested on a suspicion of a Michigan DUI/OUI it is important to contact a Michigan drunk driving defense lawyer immediately to protect your driving privileges and begin preparing your defense. In many cases defenses exist to the arrest that can result in charges being reduced or dismissed, and keep you out of jail.

Even if you have failed a BAC breath test, the results can be challenged. Law enforcement may have administered the test incorrectly or under improper conditions. Sometimes the machines themselves are erroneously calibrated, leading to incorrect results. Similarly, blood test results may be challenged. Flaws in test procedures such as improper administration, excessive time delays and human error can lead to unreliable results.

Here, Rose's BAC levels were conflicting, measuring .08% with a breath test and .12% on a blood test.

Continue reading "Jalen Rose Drunk Driving Sentence Raises Issue of DUI Sentence Fairness" »

A recent article in the Detroit Free Press reaches the startling conclusion - the punishment you may receive as the result of a drunk driving arrest may depend on where within metro Detroit you are detained.

Based on an analysis of court records, if you are stopped South of 8 Mile in Detroit, there's little chance you will go to jail on a first offense, although North of 14 Mile Road in Birmingham the likelihood of being incarcerated is great.

Any time you are stopped for a Michigan DUI/OUIL offense it is important to contact an experienced Michigan DUI defense lawyer to vigorously fight to maintain your driving privileges and prepare your defense.

According to the investigation conduct by the Free Press, sentences vary throughout the Detroit metro area. The reason: Michigan law provides significant judicial discretion in sentencing. Although it has its critics - discretion used wisely can be of great benefit. Much evidence exists that few first time offenders have repeat violations and little proof exists that stiff sentences deter future DUIs. Unfortunately, negative consequences may occur due to inconsistent judicial philosophies and overzealous who apply harsh consequences where leniency is warranted.

Clinton Township District Judge Linda Davis recently started a sobriety/drug court and focuses on rehabilitation rather than incarceration, stating, "treatment is was works."

Continue reading "DUI Arrest Punishment May Depend On Location Of DUI Stop" »

A 51-year-old woman was taken into custody by the Saline Police on a suspicion of drunk driving. She was released pending charges, although police anticipate she will be charged by the Washtenaw County Prosecutor's office with a super-drunk driving offense.

If you have been arrested on a suspicion of any drunk driving offense, it is critical to contact an experienced Michigan drunk driving defense lawyer immediately to preserve your driving privileges and begin preparing your defense.

Here, the woman's breath test registered a blood alcohol level of .217, above Michigan's legal limit of .08. Under Michigan's super drunk driving law, drivers with a BAC of over 0.17 face stiffer penalties. If convicted, driving is prohibited for 45 days. First-time offenders must then install an ignition interlock device on their vehicles before they may drive again. Potential jail time may be double that of a standard DUI.

In every drunk driving situation, an aggressive drunk driving defense lawyer may be able to reduce or even eliminate the potential penalties. It may be possible to challenge breathalyzer tests - in some cases the machinery may be faulty or read improperly. The timing of the breathalzyer exam may also be flawed, leading to inaccurate results. Reasons for the stop may also be questioned, along with any field sobriety and chemical test results. With super drunk driving laws imposing significant penalties it is even more important to fight trumped up charges and protect yourself against substantial penalties.

Continue reading "Saline Police To Charge Woman Under Super Drunk Law" »

With summer under way and the 4th of July fast approaching, law enforcement agencies in 35 Michigan counties will be stepping up drunk driving patrols. Lenawee, Livingston, Macomb, Monroe, Oakland, Sanilac, Washtenaw and Wayne Counties are among those receiving federal funds earmarked for traffic safety.

If you are under suspicion of any Michigan drunk driving offense, it is important to contact an experienced Michigan drunk driving defense lawyer immediately to protect your driving privileges and begin preparing your defense.

Reports indicate that the emphasis of the increased patrol is to remove and arrest both those drivers suspected of driving under the influence of alcohol as well as those driving under the influence of drugs. Although decreasing the number of accidents and fatalities is a common goal, it is important that in an effort to improve safety, law enforcement does not wrongfully arrest or convict drivers. Remember - even if you are detained and arrested for OWI you can fight back. By challenging field sobriety tests, breathalyzer tests and even the stop itself, it is possible to get charges reduced or eliminated.

Continue reading "Michigan Summertime Drunk Driving Enforcement Stepped-Up" »

Recently several articles out of Lansing have looked at the impact of Michigan's 7-month-old drunk driving law. The newly enacted super drunk driving law doubles the maximum jail time first time offenders with a blood-alcohol level of over .17 face, and requires offenders to undergo mandatory alcohol rehabilitation for a year.

If you have been arrested on any Michigan DUI offense, it is important to contact an aggressive Michigan drunk driving defense lawyer immediately to review the charges and begin preparing your defense.

News reports indicate that after the first few months with this law in place, those convicted of drunk driving have not been going to jail for longer periods of time but have instead been opting for alcohol rehabilitation programs. Since the law took effect in October, Ingham County has charged 54 people under the new law, Eaton County has charged 39 and Clinton County has charged 18 people.

Continue reading "Michigan Super Drunk Driving Law Increases DUI Penalties" »