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" »

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" »

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" »