Michigan Criminal Defense Lawyer Blog

Within my Practice as a DUI and Criminal Lawyer, I am often asked by someone facing a DUI how long it will stay on their Record, or if the can come back later and have it Expunged.

The bad news is that a DUI will stay on a person's Record forever, and it can NEVER "come off."

A DUI, technically called an OWI (Operating While Intoxicated) is both a Criminal and Traffic Offense. A conviction for a DUI goes on both a person's Driving Record, and their Criminal Record.

Beyond that, a DUI falls under a whole different set of Laws related to a Court's obligation to report certain, specified Offenses to the Secretary of State. Part of those Laws is a provision that Criminal Traffic Offenses CANNOT be Expunged, ever. And this applies equally to any Criminal Traffic Offense, not just DUI's.

Moreover, the Law forbids the Court from taking a DUI "under advisement," or otherwise "deferring" it. This is often the answer I have to give someone who asks about the possibility of having the charge somehow deferred for a given period of time, and if they do everything they're supposed to do, having the whole thing dismissed, or reduced to a non-alcohol-related Offense.

In short, it cannot be done, except in those cases where there is a critical and substantial defect in the evidence. And those situations are few and far between.

Continue reading "Michigan DUI - How Long Will it Stay on my Record? " »

A fair number of my DUI Clients are individuals who have a CDL, or Commercial Driver's License. Some know, before they contact me, that any kind of DUI conviction, including a 1st Offense, will automatically result in a 1-year Suspension of a person's CDL privileges. Those who didn't already know that are rather unpleasantly surprised to find out.

It used to be, a few years ago, that when a person faced, for example, a garden-variety DUI (meaning OWI, actually), their Lawyer would get the charge dropped to the less severe Offense of Impaired Driving, which only carries a 90 day Restriction of a person's License. During the 90 days the person's regular Driver's License was Restricted, their CDL was Suspended. After 90 days, they'd pay a $125 Reinstatement Fee to the Secretary of State, and their full License, including CDL, would be given back.

Then someone in Lansing had an idea. Honestly, I try to keep politics out of this blog, but the older I get the more I'm convinced that politicians aren't nearly so much crooked as they are incompetent. Really, how many laws have been passed that made your life any better? Maybe the smoking ban was a good thing (sorry smokers...), but beyond that, anything that comes out of Lansing is either going to make life more difficult, or expensive, or both.

Anyway, some Einstein in Lansing figured that it would be a good idea to tack on a mandatory 1-year Suspension of a person's CDL as a punishment for any 1st Offense DUI charge. I can only guess that the idea behind this action was that this would somehow serve as a further disincentive for anyone to drink and drive.

Except that about the only time anyone finds out about this is AFTER they get a DUI charge, when it's too late to do anything about it. And the fallout from this part of the law is pretty substantial.

I've had utility workers who drive trucks for their employers worried sick about losing their jobs. The good news is that in all the cases I've handled, my Clients have been able to manage some kind of work-around. Sometimes this means filling a different position, and other times it means riding shotgun with another driver.

Continue reading "DUI and the Commercial Driver's License (CDL)" »

Anyone facing a DUI understands that the breathalyzer results are very important. Those numerical results are supposed to equate to a person's Bodily Alcohol Content (BAC), and are used by the Police and Prosecutors to show that that a person was "under the influence" or "over the limit" in any Drunk Driving Case. Beyond that, once a person's BAC has been measured at the Police Station, they are not released until that number has fallen low enough to be sure the Police aren't responsible for letting an intoxicated person out of their care and custody.

In my DUI Practice, this number is important to me for a variety of reasons. It goes without saying that any DUI Lawyer, like me, looks at that number with the hope that it can somehow be challenged in a way that makes the whole DUI charge collapse. In this article we'll briefly examine the whole notion of challenging the breathalyzer.

I have pointed out that those situations in which a case can be "knocked out" because of some breathalyzer problem are more the exception, rather than the rule. This is a phrase that we'll repeat a number of times throughout this article. I simply will not set up shop and "cash in" by selling, and telling people, what they want to hear, as opposed to telling the truth. And the truth is that most DUI cases are not going to be dismissed on some breathalyzer technicality.

In a prior article entitled Michigan DUI - How the Rich and Famous Beat the Charges," I pointed out that, in most cases, they don't. I think that's a fact worth repeating. If these charges could be beaten by simple persistence, then every single celebrity and person of fame would just plunk down the cash to "Lawyer up" and get the case dismissed. Yet, almost every day, we hear of someone famous getting charged with DUI, and, sometime later, you hear about them being placed on Probation.

Why?

Because those DUI cases that can be easily knocked out are the exception, and not the rule.

Consider, for a moment, the garden-variety DUI charge. The Officer will claim to have observed the Driver swerve or in some way drive erratically. Sometimes, these observations are made (or at least claimed) after a cell-phone tip. When the person is pulled over, the Officer notes all the usual characteristics of DUI driving. Fast-forwarding a bit, after being taken to the Police Station, the end result is usually a breathalyzer (BAC) score of over, if not well over, the legal limit of .08.

Continue reading "Michigan DUI - Understanding and Challenging Breathalyzer Results" »

In part 1 of this article, we began examining the probability of avoiding jail in 1st and 2nd Offense DUI cases. We saw that with the exception of 1 Judge in the 48th District Court in Bloomfield Hills, a 1st Offender can safely assume that they are NOT going to face any Jail time.

We next looked at 2nd Offense cases, and saw that, while Jail can usually be avoided in Macomb and Wayne Counties, things change if the case is pending in an Oakland County Court, and we also noted that, generally speaking, the farther north one goes, the worse things get.

In this second part, we'll pick up by looking at 3rd Offense cases, and we'll wrap up by looking at certain general principles that apply in all cases, be they 1st, 2nd or 3rd Offenses.

To begin, we should bear in mind that 3rd Offense (Felony) cases are an entirely different species from their 1st and 2nd Offense Misdemeanor relatives. Of course, part of that difference is that while 1st and 2nd Offense cases are Misdemeanors, meaning punishable only by a Sentence of either 93 days or 1 year in the County Jail, respectively, a 3rd Offense is a Felony that can carry a Prison Sentence of up to 5 years.

Before anyone starts fearing being carted off to Jackson Prison to start a new career in License Plate Manufacturing, it should be noted that a Prison Sentence is usually reserved for people with far more than 2 or 3 prior DUI's. The law does, however, require a person convicted of a 3rd Offense to serve at least 30 days in Jail. That's not negotiable.

The good news, if you can call it that, is that in Macomb County, a person who has only 2 prior DUI's , and who is facing a "true" 3rd Offense (meaning it is only the 3rd time they've ever been charged with a DUI) can, if things are handled correctly, avoid a Felony conviction altogether. In other words, a "true" 3rd Offense, if things are done right, can be reduced to a 2nd Offense Misdemeanor (and can, possibly, also avoid a Jail Sentence). This is not an option in Oakland County, and is seldom, if ever done in Wayne County. This is almost entirely a Macomb County deal.

Continue reading "DUI - Staying out of Jail in Macomb, Oakland and Wayne Counties - Part 2" »

Amongst the various articles within the Drunk Driving section of this blog, I have addressed the issue of avoiding Jail in 1st Offense DUI cases, 2nd Offense cases, and 3rd Offense cases, albeit separately. It has been politely suggested to me that not everyone wants to engage in the kind of time consuming, in-depth research that I find so interesting, and that some would prefer a single, more overview-type article about staying out of Jail in DUI cases covering all 3 levels of the Offense. This 2-part article will be my best attempt to do that.

At the risk of being both repetitive and overbearing, it is, I think, worth pointing out that my experience as a DUI Lawyer spans more than 20 years. I don't handle Divorce cases (never have), Don't do Wills (never have), and don't sue anybody. The bread and butter of what I do is DUI and Driver's License Restoration (which itself arises from multiple DUI's). Accordingly, what I am about to describe below is the product of tremendous experience handling DUI cases. It's not merely a part of what I do; it is the very foundation of what I do, day-in and day-out.

That said, in more recent years I have been able to restrict my DUI practice to the Tri-County area around Detroit. My Website's name, macombduidefense.com, should be a clue to that. I handle DUI cases in Macomb, Oakland and Wayne Counties. Once in a while, I'll take a case in Lapeer or St. Clair County, or even Livingston County, but I do not and will not go beyond these areas. As a result, some, or even much of what I say may not apply to cases pending in other Counties.

After being hired, the first thing any good DUI Lawyer is going to examine is whether there is some way to beat the charge, or have some of the evidence (usually from the Stop, the Field Sobriety Tests, or the Chemical Testing, meaning Breath or Blood) "thrown out."

Even if a challenge to the evidence may not result in an outright dismissal of the charge, it can possibly aid the Lawyer in getting the case knocked down to a non-alcohol traffic charge. To be truthful, this examination is (and should be) undertaken in every case, but finding such "problems" with the evidence is far more the exception, rather than the rule.

This means that the vast majority of DUI Arrests will hold up, and the person will have to deal with a DUI charge as a DUI charge. Still, it doesn't hurt to "dot the I's and cross the T's" and make sure that case is solid.

Continue reading "DUI - Staying out of Jail in Macomb, Oakland and Wayne Counties - Part 1" »

In part 1 of this article, we began examining the PSI process and the role of the Alcohol Assessment Test in DUI cases. We'll continue with a more detailed discussion of the Alcohol Assessment Test and the role of the Probation Officer is determining what happens to a person facing a DUI.

People often ask if doing well on an Alcohol Assessment Test is more a matter of common-sense than anything else. To a degree, it is, but there's way more to it than that. From a clinical point of view, a standardized Alcohol Assessment Test looks for and measures 5 traits, or markers, of an alcohol problem. If a person is NOT thoroughly familiar with these 5 "markers," and cannot explain them and their implications in detail, then they are just going though the Assessment blindly. Again, it takes hours to go over this stuff, but the 5 "traits" or "markers" of an alcohol problem are:

1. Family History of Alcoholism,
2. Instances of Social Comment,
3. History of Blackouts,
4. Instances of Social Conflict, and
5. Increasing Effects Threshold.

Preparing the Client for the Assessment Test, and how that Test will measure these things, is absolutely paramount to minimizing the consequences they will endure as a result of a DUI.

This means that if a person is not properly prepared for an Alcohol Assessment Test, and they'll go in to Probation and do, at best, an "okay" job on the Alcohol Assessment Test and in the PSI Interview.

As a result, they'll wind up with an Assessment Report and Recommendation that looks far worse than it would have if they had been properly prepared for the Alcohol Assessment and PSI Interview. A typical example would be something like this:

Continue reading "Getting Better Results in DUI Cases in Macomb, Oakland and Wayne Counties - Part 2" »

In previous articles about Drunk Driving, I have pointed out that the most important "step" in a DUI case is the legally required alcohol assessment. Lately, within the context of my DUI Practice, I have handled an increasingly large number of 2nd Offense cases for people who had some other Lawyer represent them in their 1st case. I have repeatedly been told by them that their prior Lawyer never so much as mentioned preparing them for this step (the Alcohol Assessment). Then, when they came across my blog articles describing how important this step is, and how much of what happens at this point affects the outcome of the case, they immediately recognized, from their prior experience, how true this is, and called me.

In previous articles, I have outlined the steps in a DUI case. This article, which will be separated into 2 parts, will focus on one of those steps: The Pre-Sentence Investigation and the Alcohol Assessment Test that is a required part of that.

More than 20 years ago, as a young Lawyer handling DUI cases, I saw that what actually happened to the Client in a DUI case, meaning the results of a person's Sentencing, was almost identical to what was Recommended as a Sentence by the Probation Department.

In a DUI case, after a person has worked out some kind of Plea arrangement, the Court sets 2 dates. The first of those dates is a return date for the Client, and the Client alone, to come back to the Court for an interview with a Probation Officer, who has the job of preparing a written Recommendation for the Judge to be used at Sentencing. The Law requires that such a Recommendation be based upon the person's score on an Alcohol Assessment Test.

This means that a person will show up to the Court's Probation Department, take a written Assessment Test, fill out an information packet which asks about their background (a short life-history), and then meet with a Probation Officer for an interview. This process is called a "PSI," meaning Pre-Sentence Investigation. The result of this whole process is a written Sentencing Recommendation to the Judge indicating what should be Ordered for each particular person facing a DUI.

The second of those dates is the Sentencing itself, where the Judge decides what will be done to the person facing the DUI. And the reality of the situation is that in each and every Court out there, and in each and every case, the Judge will follow that Sentencing Recommendation, if not to the letter, then darn close to it.

Continue reading "Getting Better Results in DUI Cases in Macomb, Oakland and Wayne Counties - Part 1" »

As a DUI Lawyer, I am in Court almost every day. Ask any Lawyer who has a DUI Practice, and you'll soon find that each and every one will note a profound difference in the way these cases are handled in Macomb County as opposed to Oakland County. Right down to the garden-variety Drunk Driving case, the differences between the 2 Counties are so significant that it almost makes the Lawyer feel like he or she is Practicing in 2 different States.

It is a well-known fact that Oakland County is the toughest of the 3 "Tri-Counties" in which to face a Criminal charge. In DUI cases, that difference is often made clear even before the person even Bonds out of Jail.

In most DUI cases, a person is Arrested in the evening, and typically let out of Jail sometime the next morning. Most often, the person will either post a small Bond (frequently about $100) at the Police Station, or simply be let go with a Notice to contact the Court within 10 or 14 days.

Sometimes, however, a person will be Arraigned, often by video, by a Judge or Magistrate, before they are let out of Jail. In those cases, the Judge sets a Bond amount, and imposes various Bond Conditions. Those conditions always include not leaving the State without prior permission of the Court, and no use of alcohol or drugs. Sometimes, especially in cases involving a 2nd or 3rd Offense, or those involving a high BAC result, those conditions include breath or urine testing. Such testing is far less frequent in Macomb County than it is in Oakland County.

Once the person and their Lawyer come to Court to begin resolving the case, the differences become more pronounced. In those 1st Offense cases brought by a State Police Arrest, the County Prosecutor, as opposed to a local City Attorney handles the charge. In Oakland County, it begins to becomes more difficult to get a Plea Bargain to Impaired Driving when a person's BAC (Breath Test Result) goes above a .12. In Macomb, the general cutoff for that kind of a deal goes up to about .16. Of course, exceptions abound, and the reason a person pays a Lawyer is to try and get one of those "exceptions" in the first place. Still, facing that kind of hurdle at the outset of a case is only a sign of things to come.

Even in a 1st Offense case, for example, where a Plea Bargain to Impaired Driving is worked out, what actually happens to the person can be strikingly different in one County as opposed to the other.

Continue reading "DUI in Macomb County -vs- DUI in Oakland County" »

For all the analysis of DUI cases one can find, I have yet to see anything that tries to look at such a case from the point of view of the person facing the charge. Even within the body of articles in the Drunk Driving section of this blog, I have tried to look at these cases from the point of view of the Judge, the Probation Officer, and even the Police Officer, or at least how the person charged with a DUI should "see" those parties. This article will attempt to do a 180-degree turn and try and get in the head of the person facing the DUI as they grapple with the emotional and psychological considerations of being dragged through the Criminal Justice System.

After more than 20 years of handling DUI cases, I have personally met with and handled the cases for thousands of people dealing with this charge. I have, I think, seen it all, from those who seem rather unfazed by the whole thing to those who break down and cry at almost every turn. It's a safe bet that anyone who has read this far is NOT the kind of person "unfazed" by a DUI, and our focus, therefore, will be on those who feel some kind of emotional burden along with the various practical considerations that come along with a DUI.

Everyone knows that a DUI is a Criminal matter. Only those who have been Arrested for a DUI, however, have any first-hand knowledge of what its like to suddenly feel like a Criminal.

From the first moment of Police contact, a DUI driver experiences a sense of loss of control. At first, many people may think they can still "get out" of the Traffic Stop, but they soon begin to realize that is not likely to happen. Once they are told to step out of the car, a person starts to feel less and less in control of their own destiny. By the time they're in the back of the Police car, they realize that they have essentially no control over what is going to be happening, at least for a while.

Perhaps the first "punch in the gut" comes when a person is placed in handcuffs. At that point, as they often relate to me, they feel "degraded" and embarrassed. Being placed back into the Police car in cuffs often starts a panic response on the inside, even if they maintain a straight face on the outside. Their mind is whirling as they get driven to the Police Station.

Once they start being processed at the Police Station, most people feel a strong mixture of apprehension, or outright fear, and complete embarrassment. Maybe in their day-to-day life they are someone important. Maybe they tell other people what to do, or how to do things, or have a lot or responsibility. Why hasn't someone seen that they are, at their core, a good person?

Continue reading "DUI Charges in Michigan - Dealing with the Emotional Considerations" »

Most people have already heard about the recent change in Michigan's DUI Law increasing the Charge and Penalties for what's called a High BAC case, meaning any case where a person's Bodily Alcohol Content (BAC) is .17 or above. The new Law adds a whole new, intermediate Drunk Driving offense to the palette of DUI Laws and consequences already in place.

This article will focus on how these charges are being handled in the Local Courts of Macomb, Oakland and Wayne Counties. In other words, what happens when a person is Stopped and Arrested in the Detroit-area for DUI and their breath or blood test results (BAC) are .17 or above.

In that regard, perhaps the first, and most important distinction we need to make in this examination is the difference between a .17 or higher BAC result, and a .17 or higher BAC charge. This distinction is HUGE.

As it turns out, the way the Law works, most 1st Offense DUI charges are Ordinance Violations, meaning there is a Local (City, Township or Village) Law against Drunk Driving. There are, or course, a number of State Laws that prohibits Drunk Driving, but the key difference between being charged under State Law, or a corresponding Local Ordinance is that the Fines assessed in any given case go to whichever entity brings the charge. This is going to requires some discussion:

Under Michigan Law, municipalities can enact Criminal Ordinances of all kinds. They cannot however, make a Law that punishes a Crime by anything more than 93 days in Jail. There are all kinds of subtleties and technicalities involved in this, but we'll skip those in favor of a more simple explanation.

State Law punishes a 1st Offense DUI by up to 93 days in Jail. Any Municipality can likewise enact its own ordinance punishing a 1st DUI by up to 93 days in Jail. When a Police Officer Arrests someone for DUI, he or she can either write them up under the Ordinance of the Municipality in which the Arrest is made (usually, the City of Township for which they work), or under the State Law. The State Police, for example, always write up any DUI under the State Law. The Clinton Township Police Department, however, will write up a 1st Offender under the Township Ordinance. This makes the Fines assessed by the Court payable to the Township. In the case where the State Police write someone up for DUI, the Fines go to the State.

Continue reading "How High BAC (.17 and Above) DUI Cases in the Detroit-Area are Being Handled" »

This is the final article in my series about DUI Cases in local, Macomb County District Courts. I have saved this Court for last because, in all truth, it's about the toughest of all Macomb County District Courts on DUI cases.

Located on 11 Mile Road, at Jefferson, the St. Clair Shores (or, as its commonly called, the "Shores") District Court is run by 2 Judges, Cragen Oster and Mark Fratarcangeli. From my perspective, as a veteran DUI Lawyer with over 20 years' experience, these Judges represent the "younger" and more modern trend. Technologically savvy, this is not the same 40th District Court of a decade earlier.

Both Judges are the very definition of fairness and kindness. Even though this Court tends to hit a DUI Defendant harder than most in the County, you'll NEVER meet anyone who claims either of these Judges treated them unfairly, or was anything less that kind and polite.

Judge Craigen Oster has an ability to really converse with those who come before him. And he does that. Rather than just "pronounce" a Sentence, or simply tell a Defendant "This is what I'm going to do," Judge Oster tries to engage the person in some dialogue in the hopes of having them come to a better understanding of the need to change their behavior to avoid further problems. Ask anyone who has had him as their Judge, and they'll inevitably say that he's "a nice guy."

Judge Mark Fratarcangeli is equally "a nice guy." However, he is a strong believer in being proactive in alcohol and drug cases. Perhaps more than any other Judge anywhere, he has a stronger "nose" to sniff out BS. In other words, he's heard it all, but in a very careful and practical way, tends to operate in the belief that, whatever a person says, or promises, its what they ultimately do that matters. In that regard, he embodies the old adage that "the proof is in the pudding."

And this is partly what I meant when I noted these Judge's are more part of a "modern trend." After all is said and done, I am a DUI Lawyer. I help people facing DUI's get out of that bad situation with as little grief as possible. This means I will always find a more lenient outcome, or one with less "stuff" like Classes, Counseling and Testing, to be better. To me, the less that happens to a DUI Defendant, the better.

Continue reading "St. Clair Shores DUI cases - the 40th District Court" »

In this 8th, and next-to-last article in my series about DUI cases in local, Macomb County Courts, we'll take a look at the 38th District Court in Eastpointe. Formerly a "Municipal" (meaning part-time) Court, the caseload in Eastpointe had long ago grown to the point that a full-time District Court was needed.

Since this article is an overview of the Court, rather than the DUI process in general, anyone seeking more information about DUI's should read the Drunk Driving section of this blog, and scroll down, past the local Macomb County Court ratings, and read those articles which apply to their situation.

Located on Nine Mile Rd., the 38th District Court anchors the southernmost part of Macomb County. Although it may be a bit away from the County seat in Mt. Clemens (where my Office is located), the Eastpointe Court is solidly "Macomb County," and that's a good thing.

Elected to the Bench in 2009, the Court is headed by Judge Carl Gerds. Like Judge William Hackel in the 42-2 District Court in New Baltimore, this guy is a gift. Judge Gerds is a "real guy" in every sense of the word, and you couldn't find a someone with a bad thing to say about him if you spoke to every person on the planet. Intelligent, and personable, Judge Gerds took the Bench after a long and successful career as a Private Lawyer. His down-to-earth approach allows him to speak to those Appearing before him as real, regular people. In other words, he'll never "talk down" to anyone.

Judge Gerds, like Judge LeDuc in the 42-1 District Court in Romeo, tends to be "fatherly" in his approach to DUI Defendants. This means that beyond being intelligent and nice, but firm, he actually and obviously cares about those that come before him.

His kindness, however, should not be confused with any lack of resolve. Anyone who Violates a term of his Probation will get a quick lesson in Jail etiquette.

In a 1st Offense DUI, Jude Gerds, like most of the Judges that make being a Macomb County Lawyer such a plus, is more than willing to give anyone a break and chalk things up to a misjudgment. This means a 1st time DUI Offender can, if their case is handled properly, not only avoid Jail, but either avoid Probation altogether, or at least avoid difficult "Probation from Hell" and even wind up on Non-Reporting Probation.

2nd Offense DUI's are not quite so easy. When a person appears before Judge Gerds for a DUI 2nd Offense, they had better have been adequately prepared by their Lawyer before they ever even walk into Court. If that's done, however, a DUI 2nd can be worked out to not only avoid Jail, but to keep the terms of any Probation manageable.

Continue reading "Eastpointe DUI Cases - the 38th District Court" »

In this 7th of my 9-part series about DUI Cases in local, Macomb County District Courts, we'll turn our attention to the County's largest District Court, the 37th District Court in Warren. We'll also include a look at the 37th District Court's "outpost" in the City of Centerline. Because the same Judges as the Warren Court staffs it, the Centerline Court is basically the same thing in a smaller, different building.

Any discussion of the Warren Court must begin by noting how busy it is. While every other Court in Macomb County has a parking lot, the Warren Court has a parking structure. Usually, the busier a place, the less efficient it is. Not so in Warren. Despite its huge caseload, this Court maintains the feel, at least for those of us local, Macomb County Attorneys, of a much smaller community Court.

There are 4 Judges in Warren, and despite being rather diverse in personality type, they are, as a group, amongst the nicest around. You will not find a Macomb County DUI Lawyer who has a bad thing to say about handling DUI Cases in Warren. Except for the fact that, because of the large caseload, things can, understandably, get bogged down a bit (someone has to be first, and someone last...), this Court is always amongst every Lawyer's favorite. But it's also a great place to be, if you have to be anywhere, to deal with a DUI. And as I've noted before, my ratings in this series is based upon how I'd feel as a DUI Defendant, and not as a Lawyer, if I had to face a DUI in any particular Court. In other words, there are Courts I can deal with that are efficient and pleasant and prompt, but aren't so easy on the Client. That's great for me, but I'm paid to take care of the Client, so it's how easy or tough things are for them that is the measure of my ratings.

Anyone facing a DUI, whether in Warren, Centerline, or anywhere else, should scroll through the Drunk Driving section of my Blog, past the Local Court information, and read the articles that are relevant to them.

Let's take a look at the 4 Judges of the 37th District Court:

Continue reading "DUI Cases in Warren and Centerline - the 37th District Court" »

As I continue this series about DUI cases in local, Macomb County District Courts, we'll turn our attention to the cities of Roseville and Fraser. All DUI cases brought in either Roseville or Fraser are heard and handled in the 39th District Court on Gratiot, in Roseville.

Getting a DUI is no fun. Anyone facing one should take the time to at least read my other articles about Drunk Driving. Winding up in a hard-line, unsympathetic Court only feels like having insult added to injury. And while there is no way to turn back the hands of time and undo a DUI Arrest, at least having the case land in the 39th District Court is the first light at the end of the tunnel. This is about as pleasant and decent a Court as you'll find anywhere.

There are 3 Judges presiding in the 39th District Court. They are far from being clones of each other, but despite their differences, there is really no reason to prefer any one Judge over another. In other words, their Sentences in DUI cases are pretty well consistent, and pretty fair, all things considered.

Judge Cathy Steenland has been on the Bench for about 8 years. In that time, she has proven to be one of the most capable Judges when it comes to relating to and speaking candidly with those that appear before her. Her temperament is always favorable. Sure, there is always some moron who can test a Judge's patience to the limit, but once that person has been dealt with, Judge Steenland has an unmatched ability to clear her head and smile at the next person up. And in that regard, you'll never meet anyone who claims to have been treated harshly, or unfairly by her.

Part of that ability to speak candidly, however, is the ability to call someone when they are shoveling the B.S. her way. Judge Steenland's pleasant disposition is not a product of naivete. Instead, she converses with those in front of her, and usually passes down a Sentence that seems more the product of an agreement between her and the Defendant rather than some Royal Decree read to some poor subject.

For all of that though, as with most Judges, any breaks handed out need to be appreciated, and "earned" in the sense that the Defendant stays out of trouble while on Probation. Pick up a new case while on Probation, or start testing positive for Alcohol or Drugs, and you'll get a kind smile along with a Jail Sentence.

It is possible, if things are done right, to avoid Reporting Probation, or even any kind of Probation at all, in a 1st Offense DUI. That's not to say that such a deal is out there for everyone, but it can be worked out in the right cases.

Continue reading "Facing a DUI in Roseville or Fraser - the 39th District Court" »

In this installment of my series about DUI in local, Macomb County District Courts, we'll turn to the 42nd District Court 1st Division in Romeo. Handling DUI cases from Armada, Armada Township, Bruce Township, Memphis, Ray Township, Richmond, Richmond Township, Romeo and Washington Township, this Court is most often simply referred to as "Romeo." Given the laundry list of Municipalities that in covers, we'll adopt that abbreviation. Thus, when we talk about the "Romeo" Court, we mean the 42-1 District Court in Romeo, but can be referring to a case arising in any of the Cities or Townships mentioned above.

Depending on where you live, this Court can either be really local, or really far. Located on 33 Mile Rd., it represents the northern-most reaches of geographic Macomb County. The Court itself is rather modern. The Court Staff is friendly, and really brings to mind a less big-city, and a more helpful, small-town type of character.

The Presiding Judge, Denis LeDuc, came to the Bench as a long-time veteran Macomb County Lawyer. Smart and hardworking, Judge LeDuc's intelligence and work ethic is only exceeded by his actual concern about those who appear before him. This man really wants to help people.

For anyone facing a DUI, that can represent either side of the coin, and be either a good thing, or a bit of a pain.

If a person is properly prepared and represented in a DUI case, it is possible to emerge from this Court, at least in a 1st Offense Case, with only the payment of Fines and Costs, and no Probation or any other kind of follow-up. On the other hand, a person not well represented or prepared, or whose case presents difficult circumstances (like being a DUI 2nd Offense), may wind up on some rather intense Probation, and be subject to Classes, Treatment, and Alcohol and/or Drug Testing ranging from infrequently to almost daily.

Like most Judges, Judge LeDuc tends to follow the written Recommendation of the Probation Department. In other blog articles, I have explained the DUI process in detail, so here it will have to suffice to simply observe that anyone facing a DUI must, prior to being Sentenced by the Judge, undergo a mandatory Alcohol Assessment Test. This is required by Michigan Law, and is administered by the Probation Department for whatever Court is Hearing the case. As part of this process, the Probation Department schedules an interview with the person, and collects some rather detailed biographical information about them. At some point there is both an in-person interview, as well as the taking of the actual Alcohol Assessment Test. This is a written test, which is "graded" by a numerical score. The higher a person scores, the worse they've done, whereas the lower they score, the better for them.

Continue reading "DUI in Armada, Armada Township, Bruce Township, Memphis, Ray Township, Richmond, Richmond Township, Romeo or Washington Township - The 42-1 District Court in Romeo" »

In this article, which continues the series about DUI cases in local, Macomb County District Courts, we'll examine the 41A District Court in Sterling Heights. This is the "Sister-Court" to the subject of the last article, the 41A District Court in Shelby Township. Unlike Shelby, the Sterling Heights District Court covers just one City: Sterling Heights.

The 41A Sterling Court is staffed by 3 Judges. In this Court, which one of those 3 Judges winds up handling a 1st Offense DUI case can make a noticeable difference in how things play out. This is less so in 2nd Offense Cases. First, however, let's talk about some general similarities in 1st Offense DUI Cases.

In most 1st Offense DUI cases, the 41A Sterling Court can honestly be considered one of the best Courts to have to deal with such a Charge. With proper preparation and handling, many of the realistic consequences of a DUI can be avoided. When I say realistic consequences, I mean those things that are likely to happen in a DUI case, as opposed to those things that theoretically can happen. Let me explain:

In a 1st Offense DUI, a person can, theoretically, get up to 93 days in Jail. That never happens. Never. Even in the toughest Court I know of, in Oakland County, a person might get hammered with a week or so in Jail in a 1st Offense DUI. Thus, 93 days in Jail is not a realistic consequence in a 1st Offense DUI case.

On the other hand, if the Probation Department, after scoring the legally required alcohol assessment test, recommends to the Judge that a series of Classes, or some kind of Treatment is warranted, a person can pretty much plan on that being Ordered. Thus, Classes and Treatment are realistic consequences in a 1st Offense DUI case.

If a person is properly prepared from the very beginning, then many, if not most of those potential Classes and/or Treatment options can be avoided. This means no Jail, and perhaps even no (or fewer) Classes. This is where the assignment of a Judge can make a difference.

I like Practicing in this Court, and I like each of the 41A District Judges. They are well-qualified, experienced Judges. Each is personable, intelligent, decent, and genuinely caring. In other places, finding these qualities in 1 out of 3 Judges would be lucky, but to find it in each of the 3 here is a comparative blessing. Let's take a look at each:

Continue reading "DUI in Sterling Heights - the 41A District Court Sterling Division" »

The 41A District Court in Shelby Township will be the subject of this third article in my series about DUI cases in local, Macomb County District Courts. There are two 41A District Courts: The subject of this article, in Shelby Township, and it's counterpart, in Sterling Heights. The Shelby Division Hears cases arising in Utica, Macomb, and, of course, Shelby Township.

As a Lawyer who handles DUI cases there on a regular, ongoing basis, I know this Court as well as anyone, and certainly count it amongst my favorite. To be clear about that, as a DUI Attorney, I have a greater liking for those Courts where the outcome is more favorable (meaning more lenient) for my Client. This is definitely one of those Courts.

Located in a building much too small for its needs, the Shelby Court has been the subject of a rumored new building for years. Overseeing this Court is Judge Douglas Shepherd. Judge Shepherd was elected to the bench a number of years ago, upon the retirement of longtime Judge Herman Campbell. Judge Shepherd probably takes the cake in terms of being a nice man. Having been in Private Practice before becoming a Judge, and having done essentially what I do, Judge Shepherd understands the basic expectation involved in hiring a DUI Lawyer: "I will pay your Fee, and you go and make things better for me." More quiet than boisterous, it isn't hard to imagine him having pursued a career in ministry. In DUI cases, however, his forgiveness is earned, not just granted.

Judge Shepherd, like most Macomb County District Court Judges, actually requires very little of a 1st time DUI Offender who gets Probation. In fact, he pretty much expects nothing more of a DUI 1st Offender than staying out of trouble. Don't get in any more trouble, and all will be well.

A DUI Defendant who Violates his Probation, however, especially by picking up another charge, particularly another DUI charge (and that happens more than you think), will absolutely get locked up.

Despite that, a 1st, and even a 2nd Offense DUI case can be resolved quite favorably in this Court, meaning no Jail. But there's more to any DUI case than just avoiding Jail. Getting slammed with an endless diet of Classes, Counseling, Community Service, Reporting, Testing, and the like can wear a person down rather quickly. In the 41A Shelby Court, very much like in the New Baltimore District Court, most of these annoying and inconvenient consequences can be avoided if the right steps are taken.

In terms of Fines and Costs, the 41A Shelby Court is close to the middle-of-the-road, perhaps even a bit more toward the less, rather than the more expensive side.

In a 1st Offense DUI, it is possible, with some good work, to avoid any kind of Classes, Counseling, and even Probation. In a 2nd Offense DUI, and again, with the case handled properly and the right steps taken, it's possible to limit the fallout to little more than a year's Reporting Probation.

Continue reading "DUI in Shelby Twp., Utica, or Macomb Twp. - The 41-A District Court Shelby Division" »

In this second article in my series about DUI in Macomb County District Courts, we'll be turning our attention to the 42-2 District Court in New Baltimore. Often referred to by Lawyers and those in the Legal community simply as "New Baltimore," the 42-2 District Court handles cases arising in New Baltimore, Chesterfield Township, Lenox Township, and New Haven.

Since this article is about the Court, anyone seeking more information about the DUI process should read those articles in the Drunk Driving section of my Blog which are relevant to their situation.

Located in another beautiful new building, this multi-jurisdiction Court is presided over by Judge William Hackel III. If the name sounds familiar, it should. His Father was longtime Macomb County Sheriff William Hackel, and was succeeded by his brother, Mark Hackel, who will become the County Executive on January 1, 2011.

Judge Hackel was appointed to fill the vacancy created by the retirement of former Judge Paul Cassidy. I have to admit that when I heard the name of the new Judge, I wondered if he might not be a bit too pro-law enforcement. Deciding to keep an open mind, I entered his Court that first time hoping for a fair shake.

I have left that Court every time since grateful for whatever alignment of the stars precipitated Judge Hackel's appointment. To be blunt, this guy is awesome. If he's pro-anything, it's pro-fairness. You'd have better luck finding Elvis alive and well rather than anyone who has a bad thing to say about this Judge. Beyond being kind, and fair, his approach from the Bench is that of a regular guy. He talks to people like people, not things, or merely "Defendants." While clearly a highly intelligent man, Judge Hackel feels no need to flex his intellectual muscle merely for show. He is truly a rare bird in combining such assets.

On top of that, this Court generally imposes the most reasonable Fines and Costs anywhere in Macomb County

That's not to say he's any kind of pushover. He'll give anyone a fair break. But if you wind up walking out of his Court on Probation, and come back in for a Violation, you'll be led out the back door, just as you'd expect.

In DUI cases, Judge Hackel embodies the general approach of most Macomb County Judges that a 1st Offense can be as much a lapse in Judgment as anything else. In 2nd Offense cases, he likewise adopts the position that such a situation is generally evidence of a drinking problem. Rather than just toss someone in Jail, however, if the Defendant and Lawyer take the right steps, Jail can be avoided.

In the right case, this Court can produce what a 1st time DUI Defendant would consider the very best outcome possible. I have handled cases where the final outcome was the imposition of ONLY fines and costs, with no Probation or anything else required. No one ever walks out of this Court feeling that they were (at least undeservedly) "hammered."

Final Verdict: The Very Best Detroit-area Court in which to face a DUI

If I was facing a DUI, and knowing what I know, here's how I'd rate the 42-2 District Court from 1 to 5, with 1 being the worst, and 5 being the best:

5.0 for a First Offense.

5.0 for a Second Offense.

This is the first in a series of DUI articles focusing on Macomb County District Courts. To begin, I think it's fitting for me to explore my "home" Court, the 41B District Court, which handles cases arising in Clinton Township, Harrison Township, and Mt. Clemens.

Housed in a beautiful new building and staffed by 3 Judges, Sebatian Lucido, Linda Davis, and as of Jauary 1, 2011, Carrie Fuca, the 41B District Court is a model of efficiency. For those facing a Drunk Driving (DUI), this is a solidly "middle of the road" Court, being neither especially lenient, nor overly harsh.

On the other hand, the 41B District Court tops them all in terms of being expensive. Fines and Costs here are always on the high end. No one gets out of this Court inexpensively. Given that it's not a particularly "harsh" Court, and given the admirable level of consistency in that regard, I think it's better to pay a little more and walk out the front door after a DUI, rather than get a great deal on the Fines and Costs, along with some time in Jail to savor that bargain.

As a DUI Attorney, I am lucky to have the 41B District Court as my "home" Court. I'm often in this Court 3 times a week, so my observations about it are based upon considerable experience. Frankly, if a person is unlucky enough to get a Drunk Driving, having the case land here is at least a decent break.

Judge Sebastian Lucido worked in Private Practice, like me, before being appointed to the Bench. Quick-witted and very intelligent, his natural disposition is overwhelmingly kind, and it is obvious to anyone paying attention that he tries very hard, and is uniformly successful at being fair. He is quick to give someone a break. This is a bonus for anyone facing a DUI. In 1st Offense DUI cases, he is always open to the possibility that a person has simply fallen victim to a lapse in good judgment. In Second Offense DUI Cases, he won't buy that excuse (nor will any Judge, for that matter), but he is similarly receptive to working with someone who is ready to address their problem and take care of getting themselves on the straight and narrow. This means that if the right steps are taken, Jail can be avoided.

Judge Linda Davis was a Macomb County Prosecutor before being appointed to the Bench. She was, in that role, always firm, but fair. Her appointment to the Bench was made at a time when the 41B District Court had been having problems. She came in to clean things up, and beyond doing that in short order, she was able to transform the Court into one of, if not the most efficient Courts in the County. Perhaps her biggest attribute is that solid sense of fairness. She is tough, and not in the sense that she is harsh, but rather that she will tell it like it is. She has the ability to assess a situation involving alcohol or drugs, quicker and more accurately than any other Judge around, She will accept no BS, and if presented with it, will call the person on it. Her raw intelligence would make her an ideal candidate for any important position at a national level. It takes some work, but even in 2nd Offense DUI cases, a person can walk out the front door of her Courtroom, and not be taken away through the back.

Continue reading "DUI Cases in Clinton Township, Harrison Township, and Mt. Clemens - 41B District Court" »

In the part 1 of this article, we began our examination of what a person facing a DUI will be experiencing form the point of being released from Jail right up through the point of going to Court. We'll pick up from there, covering what happens at Sentencing and the inevitable consequence any DUI Driver will face, as well as what can be done to get the least amount of consequences possible.

Obviously, the 1st goal is to stay out of Jail. That's usually not a problem, with the only exception being, in some cases, the 48th District Court in Bloomfield Hills. Beyond that however, there can be a million things a person is ordered to do, and not do, and limiting those things is the whole goal of preparing someone for the PSI and the legally required alcohol screening test. I have noted before that almost everyone facing any criminal Charge, DUI included, will say that they'll do anything to stay out of Jail. I have no doubt each and everyone one of them means that, at the time they say it. Then, later, as the case concludes, and once their Lawyer has worked it our where they don't go to Jail, they are left to deal with the Judge's order to do this and that, and not do other things.

It doesn't take long for a person placed on Probation to start NOT liking all the "do this and do that" stuff, and to resent the "don't do" these things part of the deal. It's about that time they'll utter the most famous words said in so many Criminal cases, yet never in the Courtroom itself: "This is bull$***!"

And I can understand that feeling. That's why doing so well BEFORE a person gets Sentenced by the Judge is so important. Thus, preparing for the PSI is what produces results in DUI cases that aren't dismissed on some technicality. The goal of all that time spent preparing the Client for the PSI and the alcohol assessment is to avoid as many of those "This is bull$***!" consequences as possible.

There are, however, certain consequences that occur in every 1st Offense DUI case. Almost everyone dealing with this charge, whether they ultimately Plead Guilty to OWI or the less severe Impaired Driving Charge, will attend something called a VIP, or Vicitm Impact Panel. This is put on my MADD (Mothers Against Drunk Driving). Some people will also be required to attend something like an Alcohol Awareness Class. This is far less likely in Macomb County, and most of Wayne County than it is in Oakland County.

Continue reading "Dealing with a 1st Offense DUI (OWI) Case in Macomb, Oakland or Wayne County - Part 2" »

This article will be about what really happens when a person gets a 1st Offense OWI (DUI). I have plenty of articles about the legal and strategic considerations involved in dealing with this charge in the Drunk Driving section of this Blog. Beyond that, there are plenty of other sites that tout the possibility of challenging every bit of evidence obtained and every step taken in a DUI case (for the price of a King's Ransom) in the hope that the whole case can be dismissed. Given the statistical unlikelihood of that, I thought it's time to talk about what the person facing the DUI can really expect to go through. Again, this article will focus much less on the legal implications, opting instead to examine the practicalities and realities that lie ahead.

The reader facing a DUI has undoubtedly dealt with a number of these realities so far: Being put in the Police car, being taken to Jail, taking the Breathalyzer test, undergoing the Booking and Printing, and finally being released. From there, most people have to go and get their car back.

Most of the time, unless there is a sober person in the car with a valid License who can drive it away, the Police will have the DUI Driver's car towed to an impound yard. In some cases, the County Prosecutor will put what can essentially be called a "hold" on the car, and sets a price for the Driver to get it back. When that happens in Macomb County, for example, the fee is usually $900 in a 1st Offense DUI, and $1800 in a 2nd Offense DUI. Even when there is no Prosecutor's "hold" to deal with, there will be a towing and storage charge that needs to be paid to get the car back.

Of course, those first few hours back at home are stressful. Your Driver's License has been taken, and instead you have this "paper License" called a Michigan Temporary Driving Permit. The car is in the driveway or garage with a paper plate instead of the old metal plate. If it isn't, it's sitting in some storage yard waiting to be picked up. When there's no Prosecutor's "hold" on the car, storage charges accumulate by the day. The location of the car is usually indicated in the papers the Driver receives from the Police upon their release.

There are plenty of those papers, too. Usually, but not always, a person is given a Ticket (Citation) for there DUI. Then there's this large, pink sheet that looks like a big store receipt called an "Evidence Ticket" that was generated by the Breathalyzer machine.

If a person refused to take a Breath Test, they most likely will have had their blood drawn. In those cases, they're sent home with a copy of the Warrant signed by a Judge or Magistrate allowing their blood to be taken, and another paper called an "Officers Report of Refusal to Submit to Chemical Test."

Continue reading "Dealing with a 1st Offense DUI (OWI) Case in Macomb, Oakland or Wayne County - Part 1" »