Michigan Criminal Lawyers Blog
Mayor Joe Baxter, Mayor of Scottville in Mason County, was found in October of 2012 to have alcohol in his system approximately 2 1/2 hours after crashing his truck into a ravine at about 8:30 on the morning of the 18th. On March 4, Baxter pleaded no contest to a charge of impaired driving in the 79th District Court in Ludington. Baxter was elected to a second term as Mayor on November 12 of last year.
Baxter’s blood alcohol level was found to be .072 percent at the time he took a breathalyzer test. In Michigan, the legal BAC (blood alcohol content) for an individual operating a vehicle is .08 percent; however, a news report at Mlive.com stated that it is not unusual for results of .072 to be a consideration for a charge of impaired driving by the prosecutor’s office, according to an area attorney and local law enforcement.
Baxter’s defense attorney, David Glancy, said that his client had accepted responsibility for the accident; he also said that medications Baxter takes for chronic lung disorders could have affected the results after taking the breathalyzer test. Baxter claimed that he had consumed about a pint of whiskey the evening prior to the accident, but had not consumed any alcohol the morning of the accident. Baxter was ordered to pay court costs, $1,145 in fines and sentenced to 93 days discretionary jail time. According to Press, he was also ordered to attend a highway traffic safety program and the Victims’ Impact Panel.
While it was not likely the case in this situation, drivers who are found to have a BAC of .08 percent or greater usually face an additional penalty of having their drivers licenses suspended. This creates an incredible hardship on an individual’s life. Driving is a privilege, and when that privilege is taken away it is nearly impossible to live a normal life in regards to getting to and from work, school, or for other important appointments/family issues.
If your driver’s license has been suspended or revoked due to multiple DUI offenses, a drug offense, or for any reason, consult with a skilled Michigan driver’s license restoration attorney with a proven track record for successfully getting clients’ driving privileges restored.