CRIMINAL DEFENSE ATTORNEY DANIEL HAJJI
The Hajji Law Firm is a Criminal and DUI Defense Law Firm based in Farmington Hills, Michigan. We are located off of Northwestern Highway, between 12 & 13 Mile Road. We have been representing clients for many years throughout the Metro Detroit area, including Oakland County, Macomb County, Wayne County, Washtenaw County, Livingston County and surrounding counties in Michigan. We provide 24/7 free and confidential consultation as well as a free case evaluation analysis of your DUI (drunk driving) arrest at no charge.
When you contact our law firm, your consultation will be in the strictest of confidence only with a DUI Attorney (not a non-lawyer, such as a paralegal or secretary). Don't risk your freedom and driver's license by representing yourself or hiring an attorney who doesn't care and has little knowledge or experience with DUI laws. You deserve to be represented by a competent and knowledgeable DUI attorney.
We have dedicated this website to provide important information to anyone who was arrested in Michigan for a drunk driving charge (OWI,DUI,OUID,OUIL) or other serious traffic violations in the Metro Detroit areas. Throughout this website, you will gain knowledge of the many ways to reduce your OWI charge, penalties, preserve your driver's license and save your freedom.
Nationally, it is estimated that every 2 minutes, a Driver is issued or charged with a traffic violation such as a DUI, OWI, DWI, OUID, DWLS, DWLR, Reckless Driving, No Operator's License On Person, No Proof of Insurance, License Plate Violation and other traffic violations.
In Michigan, misdemeanor arrests, such as drunk driving, as well as many other traffic violations, have been out of control, especially in Oakland, Macomb, Livingston, Washtenaw, Monroe and Wayne county.
Some people simply just go to court and plead guilty without consulting an experienced DUI Attorney. Unfortunately, this can be a big mistake and can cost you in the long run.
The most common civil infractions are speeding, running a stop sign, disobeying a 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 many other Commercial Driver's License ("CDL") violations. Unlike civil infraction tickets, drunk driving (OWI, DUI, OUID) offenses and other serious traffic misdemeanor violations in Michigan carry jail time and a permanent record which can never be expunged. While most "civil infractions" carry a mere fine and Points on your driving record, misdemeanor offense are much different in Michigan. In contrast to civil infractions, most Misdemeanor Traffic Offenses are punishable by up to 93 days in jail with a few that carry up to 1 year in jail, such as a second DUI within 7 years and certain Marijuana or controlled drug crimes. The most common criminal misdemeanor offense is the notorious drinking and driving in Michigan. They are often referred to as OWI, DUI, DWI, OUID, etc. There are also several other traffic misdemeanors, such as DWLS, Reckless Driving, Drag Racing, No Operator's License On Person, A misdemeanor traffic offense can result in the loss of your driving privileges, incarceration, SOS points on your driving record, imposition of driver responsibility fees, court fines, court costs, community service, tether, alcohol or drug treatment programs and other conditions of probation. So before you decide to plea of guilty, consult with an Experienced Michigan Traffic / DUI Attorney first. Most charges can be contested and reduced to a lower charge or dismissed when you have a skilled and experienced dui defense attorney handling your case.
Even on a first DUI charge you should take it seriously because it can have an adverse affect on your livelihood and reputation in the community. It's not just your typical traffic ticket that carries a small fine. The consequences of being convicted for drunk driving or drug driving in Michigan, even on a first DUI offense can be expensive and can lead to incarceration. Further, a DUI conviction can also lead to loss of employment, loss of 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. Therefore, it is essential that you hire the best DUI Attorney that you can afford to guide you in the right path. Similarly, it is important that you retain a good DUI Attorney who knows the Michigan drunk driving laws inside and out; who is familiar with the drunk driving laws in Michigan but more importantly, one who knows how to analyze the facts and apply it to the ever-changing laws to challenge the Prosecutor's case against you.
AFTER THE DUI ARREST
- The first step you should do after leaving the police station, is to familiarize yourself with the DUI laws in Michigan by doing research for DUI lawyers.
- 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, discuss your DUI arrest with an experienced Michigan DUI Attorney. 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 case much better than you can. Don't risk your freedom and driver's license by representing yourself or hiring an attorney who doesn't care or has little knowledge or experience with Michigan's DUI laws.
Most of the time, an OWI can be reduced to a lesser charge in most district courts in Michigan. However, a good strategy to start with is to evaluate the facts of your DUI charge before any negotiations with the prosecution takes place. It may be a situation where you may be able to challenge your arrest or the evidence used against you and get a dismissal before even going to court.
Never just plea guilty without the advice of the best drunk driving attorney in Michigan that you can afford. Our attorney fees are reasonable and we offer several flexible installment payment plans.
FELONY DUI IN MICHIGAN
About a decade ago, Michigan passed "Heidi’s Law." Now, a Felony OWI ("Third DUI / OWI") means that if you have 2 or more prior drunk driving convictions within your LIFETIME, a subsequent drunk driving arrest (third arrest) may be charged as a Felony DUI/OWI. If convicted of a Felony DUI, prison can be imposed and your driver's license will be automatically revoked for 5 years by the MI Secretary of State.
In a Felony DUI, the procedures are different such that you are entitled to a preliminary examination in District Court to determine whether there is sufficient probable cause that a crime was committed and whether there is probable cause that you committed the 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 Judge must bind the case to the Circuit Court in the county in which the crime was committed (ex. Oakland County Circuit Court, Macomb County Circuit Court, Wayne County Circuit Court, Livingston County Circuit Court, Washtenaw County Circuit Court). The case is then adjudicated at the circuit court level.
Therefore, hiring a good Felony DUI Attorney immediately after your arrest is a wise choice. Dealing with a Felony DUI is a whole different ball game than the misdemeanor operating while intoxicated (OWI) charge and ought to be taken far more seriously.
DATA MASTER BREATH TESTS AT THE POLICE STATION
The data-master 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 data-master 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 data master 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 data master 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 data master class operators.
There are also certain officers with certain class certifications who cannot perform such tests. In other words, your DUI Lawyer 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.
If you were arrested for drunk driving in any of the Metro Detroit areas, contact Attorney Daniel Hajji for a free phone or office consultation at (248) 782-8322 or toll free (888) 432-6425.
You may also contact us by submitting the form below. We ordinarily respond within minutes.
Law Offices of Daniel Hajji. 30300 Northwestern Highway. Farmington Hills, Michigan 48334. (248) 782-8322.