Recently, a man whose name was not revealed was pulled over by North Royalton Police after an officer observed the driver speeding out of a Taco Bell drive-thru in a Dodge Avenger. The incident took place on December 11 in North Royalton, OH according to news reports.
The officer claimed he noticed the smell of alcohol when talking to the driver. He also said the man acted drunk. While the driver denied he had been drinking, he replied “really?” when the officer asked him about the smell. The officer did comment that the driver was polite.
While talking to the driver, the officer noticed what he believed to be marijuana in the center console of the vehicle. Upon searching the Avenger, he discovered a jar filled with marijuana, a pipe, and grinder. The officer administered a field sobriety test, which the driver failed. During the test, the suspect reportedly made the comment “It got a little hard there at the end.”
The driver had been convicted on drunk driving charges last year, and was charged in this incident with not having a driver’s license, drug abuse, possession of drug paraphernalia, and speeding in addition to drunk driving.
Drug charges are serious, however a second DUI charge is also a serious matter. Penalties for a second drunk driving conviction vary from state to state. For example in Michigan, someone who is convicted of a 2nd OWI (operating while intoxicated) offense will face harsher penalties than those for a first offense. While a 2nd DUI offense is still considered a misdemeanor in Michigan, the penalties for those found guilty may include fines of up to $1,000, driver’s license revocation for one year, up to one year in jail (mandatory minimum of five days in jail), community service, possible vehicle immobilization, and more.
Those charged with driving under the influence of alcohol or drugs should never plead guilty without first consulting with an experienced Michigan DUI attorney. There are various legal options, and in some cases it may be possible to have charges dismissed.