|
|
|
 JUST RELEASED FROM JAIL If you were just released from jail for a drunk driving offense (OWI,DWI,DUI,OUIL,UBAL), you should: - Immediately prepare a Timeline from the time you were stopped by the police to the time you were released from jail. This will help you and your DUI Defense Attorney better assist you in investigating and evaluating your DUI arrest.
- Go back to the scene where you were arrested and take pictures. This is important if your DUI involved an accident or the officer is alleging that you committed a traffic violation.
- Make copies of your DI-177 or DI-93, Temporary Driving Permit, and your BAC Data Master Ticket.
- Request the Police Reports directly from the police department where your DUI/OWI arrest took place. For example, if it was a city cop who arrested you in Bloomfield Hills, make the request at their local police department. If it was a county sheriff or deputy, then you have to make the request at their county sheriff's department. If it was a Michigan State Police, then it will be through the local MSP branch office.
- Request the in-car police video as well as the police station bookingroom video. Make your request right away. These videos can get destroyed if not timely requested or preserved in writing.
- Contact a DUI Defense Attorney to have your case evaluated.
Don't just call any attorney you find on the web because they advertise so many, but rather find an attorney who knows criminal defense and DUI defense laws inside and out. The timeline you prepare will help your DUI Attorney assess your DUI arrest and prepare a good DUI Defense Strattegy. Remember you have not been convicted but only charged. The smart thing you can do for yourself is to get smart and talk to a DUI Attorney to prepare a defense strategy and help you reduce your OWI charge or get it dismissed altogether. If you don't have the time or resources to get the above information, you should hire a DUI Attorney who can assist you in retrieving the above information.
WHO WE ARE We are a law firm concentrating on DUI Defense throughout Metro Detroit in all state courts in Michigan. We provide competent and thorough DUI defense to the notorious DUI/OWI and other related traffic misdemeanor and felony charges in Michigan. We provide 24/7 phone consultation. When you call us, your consultation will be with a DUI Attorney. We take DUI matters seriously as you should also because the penalties are severe.
Do not waste another minute and find yourself the best DUI Attorney in Michigan that you can afford.
A DUI CONVICTION IS A CRIMINAL MISDEMEANOR IN MICHIGAN We've dedicated this website to provide important information to those arrested for a MI DUI/OWI or other traffic violations in Oakland, Macomb, Wayne and surrounding counties in Michigan. Throughout this website, you will gain knowledge of the many ways to reduce penalties, preserve your driver's license and save your freedom. It's estimated that every 2 minutes, a Michigan Driver is issued or charged with a traffic violation such as an DUI, OWI, DWI, DWLS, DWLR, Reckless Driving, No Operator's License On Person, No Proof of Insurance License Plate Violation and several other civil infractions. In Michigan, traffic misdemeanors as well as many civil infraction tickets are out of control and have become more rampant than ever, especially in Oakland, Macomb, Livingston, Washtenaw, Monroe and Wayne county. Unlike civil infraction tickets, drunk driving offenses and other related traffic misdemeanor violations (tickets) in Michigan carry jail time and a permanent record which can never be expunged. Most "civil infractions" basically carry a fine and POINTS which are then sent to the Michigan Secretary of State ("SOS"). The most common civil infractions are speeding, running a stop sign, disobey traffic control device (red light), failure to yield, careless driving (do not confuse "careless driving" with "Reckless Driving"), improper lane use, violation of basic speed law, following too close, limited access speed, and several other private or Commercial Driver's License ("CDL") violations. However, most Michigan Misdemeanor Traffic Offenses are punishable by up to 90-365 days in jail; The most common criminal misdemeanor offense is drunk driving or drug driving (OWI, DUI, DWI, OUID). Additionally, there are several other traffic and non-traffic misdemeanors that should not be taken lightly, such as DWLS, Reckless Driving, Drag Racing, No Operator's License On Person and many more. A misdemeanor offense can carry POINTS on your driving record as well as subjecting you to loss of your driving privileges, imposition of driver responsibility fees to be paid to through the Michigan Department of Treasury, and serve jail time. FREQUENTLY ASKED QUESTIONS Q: I was just released from jail after being arrested for drunk driving (DUI/OWI), what happens now? A: An OWI/DUI charge should be taken very seriously. It's not just your typical traffic ticket with just a small fine and points. The the consequences of being convicted for drunk driving, even on a first DUI offense in Michigan can be severe and can include jail. A conviction can lead to loss of employment, driving privileges, hefty fines, driver responsibility fees of up to $2,000, driver's license restrictions and/or installation of interlock control device on your vehicle. It is essential that you hire a Michigan DUI Attorney sooner than later. Similarly, it is important that you retain a good DUI Attorney who knows the Michigan drunk driving laws inside and out; one who can find issues and make challenges to weaken the Prosecutor's case against you and one has the ability and resources to lower the charge or even achieve a dismissal of your OWI charge. Never just plea guilty without the advice of the best drunk driving attorney you can afford. A lawyer in the family or a friend or even a referral from a friend who knows of an attorney may be unfamiliar with the complexities of the drunk driving laws in Michigan or only understands the basics of DUI laws, which can negatively effect your case and cost you in the end. You need a good MI DUI Attorney who knows the drunk driving laws as well as criminal laws in Michigan and can defend you accordingly. A good DUI Defense Attorney knows what to look for and how to find issues to challenge your arrest while at the same time vigorously defending and fighting for your rights. As noted earlier and reinforced here, the first thing you should do after released from jail is to get smart. The second, write out a timeline of everything that occurred from the moment you were stopped by the police to the time you were released from jail. Third, gather the evidence by making direct requests to the police department and the prosecutor's office through the freedom of information act (this form can be found on several of the police department websites); and finally, discuss your DUI arrest with an experienced Michigan DUI Attorney. Note: Even though it is your right, you should not represent yourself even if you’re familiar with the basics of the court procedures, rules and DUI laws in MI. A good DUI Attorney can build an aggressive DUI defense much better than you can. Don't risk your freedom and license by representing yourself or hiring an attorney who doesn't care or has little knowledge or experience with the courts, prosecutors and the MI statutes and constitution. Q: Can you get a OWI/DUI charge reduced or dismissed in Michigan? A: Yes. Most of the time, an OWI can be reduced to a lesser charge in most courts. However, a good strategy is to evaluate the facts of your DUI or OWI charge before you start to negotiate with the prosecution. It may be a situation where you may be able to challenge your arrest or the evidence used against you, for example breath/blood results. In other words, the prosecution must prove each and every element of the crime of operating while intoxicated (OWI) beyond a reasonable doubt. This is why gathering the evidence ahead of time by your DUI attorney is a good DUI Defense Strategy. Q: What is Heidi's Law in relation to Felony DUI? A: Michigan passed Heidi’s Law several years ago which added harsher penalties to the drunk driving laws across Michigan. Now, you can be charged with a Felony OWI (Third DUI) if you have 2 prior drunk driving convictions within your lifetime. In other words, 2 DUI convictions on your record can lead to a felony DUI charge. Further, with a Felony DUI conviction, the Michigan Sentencing Guidelines apply to determine the appropriate minimum sentence for jail or prison. It is possible that if convicted of a Felony DUI, prison can be imposed. Therefore, hiring a good Felony DUI Attorney immediately after a DUI arrest is more critical right from the start. Dealing with a Felony DUI is a whole different ball game than the misdemeanor OWI charge in the District Court. In a Felony DUI, the procedures are also different in that you are entitled to a preliminary examination in District Court to determine whether there is sufficient probable cause that a crime was committed (an OWI Felony) and whether there is probable cause that you committed that crime. If the Prosecution can not prove both, then the case can be dismissed by the Judge or reduced to a lower charge. If the Prosecutor can make its proofs, then the District Court binds (forwards) the case to the Circuit Court in the county in which the crime was committed (ex. Oakland County Circuit, Macomb County Circuit, Wayne County Circuit, Livingston County Circuit, Washtenaw County Circuit) Q: The Breath Tests Says I Was Over The Legal Limit (.08), Should I Just Plead Guilty? A: As DUI Defense Attorneys, we are often asked this question. The answer is No. The datamaster machine used to measure the alcohol in your blood is not exact and can be challenged and overcome if your DUI Attorney finds errors by the police or faults with the datamaster machine itself. Breath Tests can be conducted in error or illegally obtained and there are defenses that can be raised in order to challenge the breath test and keep the results from being admitted into evidence. The first question to ask is whether the police officer observed you for a period of 15 minutes prior to your taking the breath test? Second, Was the datamaster machine properly calibrated? Third, did the police officer use proper methods of taking your breath sample? To answer these questions, you will want the maintenance records (logs) of the datamaster machine used to measure your blood alcohol content. There are several administrative rules to ensure the accuracy of the machines. For example, there is a rule that requires the machine to be thoroughly maintained every 120 days and properly tested several times in between by certain qualified datamaster class operators. There are also certain officers with certain class certifications who cannot perform such tests. In other words, your DUI Attorney should determine whether the officer who administered the breath test was allowed to give such a test or certified at the time of your DUI arrest. But more importantly, did the police officer posses proper training and most importantly did they follow administrative and legal procedures. OUR OFFICE Our Law Office is conveniently located in Farmington Hills off of Northwestern Highway, between 12 & 13 Mile Road: For A Free Consultation, Call Us at(248) 782-8322 or use our Contact Form. If you or someone you care about has been charged with a DUI or other misdemeanor traffic offenses, contact out law firm, we can help. |
|
|
|
|
|
