Michigan Criminal Defense Lawyer Blog

"How much do you charge for a DUI?" This is a question that I'm asked almost daily. In truth, I find it somewhat funny, because I list my Fees on my site and my blog under the section at the top marked "Fees." Look up at the top of this page. See it? It's there.

This article will examine Fees in a DUI case, and why some are so low, while others are so high, and what a person can expect to get for their money.

For what it's worth, I only handle charges brought in Macomb, Oakland and Wayne Counties, and I charge the following for DUI cases:

1st Offense: $2000. I begin with ½ ($1000) down, and the other ½ ($1000) must be paid prior to the conclusion of the case.

2nd Offense: $2400. I begin with ½ ($1200) down, and the other ½ ($1200) must be paid prior to the conclusion of the case.

3rd (Felony) Offense: $4000. I begin with ½ ($2000) down, and the other ½ ($2000) must be paid prior to the conclusion of the case.

No one wants to pay too much, or anymore than they have to, for anything. It's no different for Legal Fees. My Fees are more than what some Lawyers charge, and less than others. Yet there are still really two competing bookends to this scenario. Many people are absolute "bargain hunters," intent on finding the lowest price on anything, regardless of quality, while others cannot help thinking that the more you pay for something, the better it must be. Most often, however, the very best "deal" lies in the middle.

I have repeated this theme throughout many of my blog articles: Looking for a Lawyer on a "low-bidder" basis is about the worst way to find quality representation. There is simply no way to not cut corners when offering a discount price. We'll come back to this later.

Continue reading "DUI Legal Fees in Macomb, Oakland and Wayne Counties" »

As a DUI Lawyer who practices in Macomb, Oakland, and Wayne Counties, I handle DUI cases almost every day. About 2 years ago, our state legislature in Lansing decided that it would be a good idea to "up" the penalties in DUI cases where a person's breath or blood test (BAC) results are .17 or above. This new Offense is known as "High BAC" or "Super Drunk." Since it passed, the new Law has, by and large, been a flop. This article will discuss why almost no one Arrested for DUI, and whose breath or blood test results are .17 or above, at least in the Tri-County area, is charged with the new "High BAC" Offense

With all the things wrong in Michigan, one can only wonder how this subject ever even got on the legislative agenda, but if there's one thing we can say about Lansing, it's that every time a new law is passed, it will either make life more difficult, or expensive, or both. Ideas for actually making things better just don't show up on the menu.

In their infinite wisdom, our State Legislators decided that anyone charged with a DUI who had a breath or blood test result (technically called a BAC, or Bodily Alcohol Content) of .17 or above should be charged with a more serious Offense which effectively doubled the penalties of a standard, old-fashioned DUI. Of course, it would have been somewhat unpopular, perhaps to the point of being political suicide, to stand against this idea, so both houses fell in step and went along, and the legislation passed without difficulty.

On the face of it, the notion of making "super drunk" drivers face stiffer penalties sounds like it could have the desired impact of discouraging people form engaging in this kind of behavior. Unfortunately, DUI is always an "unintended" Crime. No one sets out to go and get drunk, much less "super-drunk", and then drive home. Instead, as a person gets drunker, their ability to make a sound decision regarding driving gets proportionally impaired. In reality, getting drunk fundamentally impairs a person's ability to make good decisions. At 2 in the morning, and needing to get home, people will inevitably turn to what's most convenient to do that; their car, even though that's about the worst decision they could make, and one, when they were sober they swore they never would.

What no one bothered to consider was the financial impact of this new law. DUI has been called a "cash cow," and is unarguably a big financial boon to municipalities. At its simplest, DUI is big, easy and good money for the Courts, the Towns, and the Police which process and handle these cases.

In their haste to act, the legislature obviously did not consider that in "doubling" the penalties for High BAC cases, they were making this new Offense a state crime that could no longer be handled by local, city and township Attorneys, and would divert the Fines from those municipalities to the state. In other words, the Fines imposed in High BAC cases are paid directly to the State, instead of the city or township where the case has been brought.

This had the potential to cost cities and townships a huge amount of cash. This is like a dam in their revenue stream. And with money being in such short supply, there isn't a city or township anywhere that wants to give up any more than it has to, especially to the state. Although there may not be any accurate statistics, a large enough portion of DUI charges involve a person who tests out with a BAC of .17 or above. The percentage of people who come in over that limit is substantial. This in turn, presented a potentially substantial cut in the money flowing into cities and townships from DUI cases.

Continue reading "DUI in the Detroit-Area - Why so few Cases are Charged as "High BAC" or "Super Drunk"" »

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 part 1 of this article, we began our general overview of 2nd Offense DUI's and some of the considerations involved in this type of case. In part 2, we continued that examination. Here, in part 3, we'll conclude with a discussion of Court costs and other, related fees, and take a look at how the emotional and psychological aspects of a 2nd Offense charge can be viewed either with optimism, or pessimism, and how being ready, willing and able to do some legwork can have such a significant impact on making the outcome of such a case much better.

It should come as no surprise that, beyond legal Fees, this will cost a lot. And here's where I have to be honest about my feeling on the matter: Oh well. We all have money issues. If I had more than enough to need to work, I'd be somewhere warm, managing investment accounts under a palm garden, sipping Sweet Tea and listening to the gentle crash of the ocean waves. But I'm here, and not there, and neither is the person facing a 2nd Offense. We all have to do what we have to do, and if you're facing a 2nd Offense DUI, paying a lot of money is part of that.

Some people take a bit of stress off themselves and just accept this, while others will rant on about how it's a great big conspiracy on the part of the Court and the Government to make money. In the end, it really doesn't matter what it is, because a person has no choice, anyway.

Those costs are significant. If a 1st Offense seemed expensive, wait and see how this goes. Fines and costs can easily be double that of a 1st Offense. The Driver Responsibility Fees WILL be double, racking in at $1000 per year, for 2 years. Probation will likely be longer, and will almost certainly be Reporting, which will also cost a nice chunk of cash, unless the person lives, or moves out-of-state. There will be Counseling and/or Treatment. Guess who pays for that?

Now I'm not suggesting anyone can "buy" their way out of a 2nd Offense DUI, but NOT being able to pay fines and costs, and otherwise coming to Court with empty pockets will only complicate things. Here's where another bit of honesty, as opposed to salesman's diplomacy, is needed on the part of the Lawyer: If YOU were the Judge, and you sat on that Bench and saw DUI after DUI, with lots of them being 2nd Offenses, how interested would you be in dealing with all the excuses why a person cannot pay? Part of that Judge's mentality becomes, at least with time, the whole notion that "If you're going to play, you've got to pay." It's really that "oh well" sentiment all over again.

Now, I do understand that not everyone can satisfy the financial obligations caused by a 2nd Offense quite so easily. But a Lawyer has to do more than just go in and ask the Judge "can my Client have some time to pay?" After all, the Client can do that on their own. Instead, I have a rather simple approach; if you pay me, I'll help you get time to pay them. We might need to sit down and actually sketch out a budget to hand the Judge, but if that's what it takes, then that's what it takes.

This pretty much wraps up the "Legal" considerations involved in a 2nd Offense DUI case. There are also a few very important emotional and psychological aspects to these cases that are just as important.

Continue reading "OWI 2nd Offense in Macomb, Oakland and Wayne Counties - Part 3" »

In part 1 of this article, we began our general overview of 2nd Offense DUI's. We looked at staying out of Jail, evaluating the evidence, and Legal Fees. In part 2, we'll pick up with an examination of the concept of a legal "Consultation," finding the right Lawyer, License Consequences (meaning mostly License Revocations) and Counseling and Treatment options.

Like every Lawyer out there, I do consultations. Mine, however, are done on the phone. I can spend 15 or 20 minutes with someone on the phone and get a good feel for them, their case, and what issues it presents. Likewise, they can get a feel for me, and my approach. What I like best about a phone consultation is the somewhat anonymous ability for either party to not feel any obligation or pressure beyond that phone conversation. In other words, if I don't like you, or I think you're a kook, or if you don't like me, or think I'm whatever, then we need not go any further. We can say "goodbye" and hang up. I have been told, many times, by Lawyers who do the "in person" consultation that it has a good "closing rate," and that I should change my approach to do it that way. In other words, the idea is that once you get them in the office, you should be able to get them to sign up.

I don't work that way. I could explain that all day, but in the end, that's just not me. Instead, after speaking with someone, if they feel I'm the Lawyer for them, and I think I can help them, then they can either let me transfer them to one of my Staff members to schedule an appointment, or, if I'm not in the Office and am returning the call (which is the usual scenario), then I'll tell them to call my Office and schedule an appointment.

I have written several articles about finding the right Lawyer, and I urge the reader to review them. One thing I'm sure about is that, as much as I might spark some curiosity about me with all these articles, I will also convince some people that I'm not the Lawyer for them, which is also a good thing. I have no illusions that I'm the Lawyer for everyone. I speak frankly and often use the more pedestrian voice of my upbringing. That's me. In fact, the whole point of this is that finding the right Lawyer for you takes some time, and is a process. Even if the first Lawyer with whom you speak turns out to be the one for you, that should become clear only after you've weeded through a number of others with whom you've spoke, or whose articles you've read. More than anything else, you have to like the person you're going to hire.

Finding the right Lawyer, then, really involves a number of considerations.

Lets' assume the reader has already found the right Lawyer. The reader is well aware that the maximum possible Jail penalty for their 2nd Offense DUI is 1 year n the County Jail, and that, unless their case is being heard in the 48th District Court, with some good legal work, they can usually avoid dong any of that Jail time.

Continue reading "OWI 2nd Offense in Macomb, Oakland and Wayne Counties - Part 2" »

In previous articles, I have examined many different aspects of DUI cases, including some specific issues relative to 2nd Offense cases. In looking over those articles, however, I noticed that we have yet to conduct a more general overview of the whole 2nd Offense Drunk Driving subject. That's what we'll be doing in this article. We'll look at consequences, defenses, Fees, Lawyers, Counseling and Treatment, and the whole gamut of things a person will have to deal with if they are charged with a DUI.

This article will be broken into 3 parts, with part 2 being the longest because I prefer to break off at a logical stopping point.

My Practice not only involves a lot of 2nd Offense DUI cases, but also, because of my specialty as a License Restoration Lawyer, deals with the after-effects and consequences of those DUI's. As often as not, a person who hires me to help with their Driver's License Restoration is someone whom I did not represent in their 2nd DUI case.

Likewise, I am often called upon to represent a former Client in their 2nd DUI. Usually, that first conversation involves some mention, on their part, of the words "embarrassed" or "stupid." The next thing that comes up is an anxious, yet understandable concern about "what's going to happen to me?" Underlying all of that, of course, is the ultimate question: Am I going to Jail?

And the good news is that, with some focused, good work, the answer to that can question can almost always be "no." Things are different in the 48th District Court in Bloomfield Hills, where a 2nd Offense DUI, unless it is dismissed on some technicality or "beaten" at Trial, will ALWAYS result in a Jail Sentence. Not to make light of the situation, but if you're facing a 2nd offense in that Court, unless you have a plan to beat the case somehow, you'd better bring a toothbrush.

This does not mean, however, that a person facing a 2nd Offense charge is automatically not going to go to Jail. Instead, as I noted, it means that with the proper work from BOTH the Client and their Lawyer, Jail can be avoided. In other words, a 2nd Offense DUI is kind of like a heart attack; prompt and proper attention to the situation can make all the difference in the world. Doing nothing, or just waiting to see what happens will always mean things turn out worse.

Let's talk specifics: A 2nd Offense DUI is a Misdemeanor Criminal Offense. By Law, it carries a maximum Jail penalty of up to 1 year in the County Jail.

Continue reading "OWI 2nd Offense in Macomb, Oakland and Wayne Counties - Part 1" »

As a DUI Lawyer, my focus is on extracting my Client from as much trouble as possible. While Legal Fees are an important issue to both me, and my Client, those fees are just one of several costs involved in a Drunk Driving case. In the same way that a physician generally cannot and does not concern themselves with the associated costs involved in properly treating an ailment, (meaning things like bandages, physical therapy, prescriptions, etc.), a Lawyer does not have a specific price figure available to tell someone how much a DUI will ultimately total once all associated fees and costs are calculated.

It can be generally observed that the better the consequences are managed, the less the whole debacle will cost.

There are a few things that are pretty much written in stone, however, when it comes to the cost of getting popped for a DUI. Here are 2 that top any list:

1. It's going to cost, and it's going to cost a lot. Even if you have been completely and totally wrongfully arrested for a DUI (which is, in itself, not a very common occurrence), just demonstrating that is going to require a substantial Legal Fee.

2. Unless the case is somehow dismissed, or "knocked out," there will be lots of additional costs and fees for about 2 to 3 years to come. They run into the thousands of dollars.

I was motivated to write this article precisely because, as a Drunk Driving Lawyer, my primary concern is to protect my Client from as many potential consequences of a DUI charge as possible. Some of those consequences are purely financial in nature, but others, like going to Jail or getting stuck in some Rehab, are not. Let's examine some of the money consequences of a DUI charge in the following paragraphs.

First, let's assume we're talking about a case that is not so weak that it will be "thrown out," or dismissed for some unlikely reason. Instead, we'll assume that we're talking about the garden variety, "got-pulled over for weaving at 2 a.m." kind of DUI.

The Arrest itself will cost money. Many cities and townships have "cost recovery statutes" that mandate that a person pay back the municipality for the police time, and supplies involved in their arrest, booking, and jailing. These costs can range from $150 to $350.

Getting out of jail the next day will often cost money. Sometimes, a person is let out after someone comes up and posts a $100 "Interim Bond," while in other cases, the person is held until they can be brought before a Judge or Magistrate and have a formal Bond set. These bonds can range from $100 to $750.

Continue reading "Getting a DUI in Michigan - It's Going to Cost a Lot!" »

As a DUI Lawyer, I have written extensively about this subject, and have frequently talked about "Impaired Driving," or "Impaired." In most articles I have seen, both my own and those written by others, the subject of Impaired arises in a discussion of DUI in general. This article will focus specifically on Impaired Driving, and attempt to explain why it's such a big deal, in so many ways.

If you have been searching for information about a Michigan DUI, or have spoken with anyone who works in the Court, Law Enforcement or Legal System, then you have no doubt heard the term "Impaired."

In Michigan, Drunk Driving, or DUI, is technically called Operating While Intoxicated, or OWI. Not that many years ago, the technical name for Drunk Driving was "Operating Under the Influence of Liquor," or OUIL. When Michigan adopted the national standard setting Bodily Alcohol Content for Drunk Driving at .08, it likewise change the name of the Offense from OUIL to OWI. Under the old OUIL Laws, Drunk Driving in Michigan was defined as having a Bodily Alcohol Content (BAC) of above .10.

Also, under the old OUIL Laws, a person with a BAC of between .10 and .07, was guilty of a less severe form of Drunk Driving, known as Impaired Driving. In essence, Impaired sort of meant driving with a "buzz," while OUIL meant driving while Drunk.

When OWI with it's .08 became Michigan Law, Impaired Driving was NOT abolished. Instead, the old .07 standard was dumped, leaving Impaired with no defined BAC.

This amounted to a HUGE break for anyone who makes a mistake by driving after having had a little too much to drink, especially for those who have had no prior DUI cases for more than 7 years from the date of any new charge. Just to be clear, any 3rd Offense in a person's LIFETIME is a Felony, so we're only talking about 1 prior, here.

The break and benefit of an Impaired is that it carries less severe penalties than does an OWI. Both the old OUIL and its successor, OWI, carry the same penalties. Let's compare the penalties of Impaired to those of OWI, so we can see why Impaired can be considered such a huge break:

Continue reading "DUI and OWI in Michigan - The Big Deal About and Meaning of "Impaired"" »

A recent Channel 7 News story about local Police cashing in on Tickets struck a familiar chord with me. A big chunk of my Practice involves DUI's and Traffic Tickets. I often find myself explaining to a Client that, above and beyond any facts in their case, it represents revenue to the City in which the case was brought. Now let's be clear, I'm not talking about major crimes here. Instead, I mean DUI's, Suspended/Revoked License charges, Traffic Tickets, Possession of Marijuana and similar, local Misdemeanors.

I could literally list hundreds of examples, but one that comes up as much as any other occurs when a Client has been arrested for a DUI. The person might have been pulled over for speeding, and then ask me something like "I was only a few blocks from home. Why couldn't he (the arresting Police Officer) have just let me call home and get a ride?"

I then explain to my Client that, besides the fact that Driving Under the Influence is a crime, to the City (or Township, or Village, or whatever) their arrest represents revenue. And a nice chunk, at that.

In addition to the Fines that the City picks up in one of these cases, the Court supports itself by imposing Costs, as well. Add to that the cost of supervised Probation for a year or more, and just letting that DUI Driver go means sending better than a thousand dollars out the door.

Even a simple Traffic Ticket, which represents only a few minutes of Police time, generates better than $100. If you figure that into an hourly rate, the Police Officer is more than earning his or her salary back for the City.

This is why, in most Traffic Ticket cases, a person with a decent Driving Record can hire a Lawyer, take the case to Court, and wind up walking out with a deal that keeps any and all points of their Record. Of course, part of that deal is paying the fine on a "non-reportable" Traffic offense. From the City's financial point of view, they are still making money.

Continue reading "Drunk Driving and Traffic Tickets in Michigan - The Money-Making Speed System" »