Michigan Criminal Defense Lawyer Blog

If you are facing a Suspended License for having refused to take the Breathalyzer test as part of a DUI Arrest, I can get you back on the road. Beyond all the considerations involved in how and why a person receives an "Officers Report of Refusal to Submit to a Chemical Test," the bottom line is that some people wind up facing some form of a "breathalyzer refusal." This is the more serious refusal to take a breath test at the Police Station. Unlike the refusal to take a Preliminary Breath Test (PBT), which can only result in a Civil Infraction, a real Breathalyzer Refusal is written up on a person's Michigan Temporary Driving Permit as "Officer's Report of Refusal to Submit to Chemical Test."

If you have received this, you have 14 days to request a Hearing before the Secretary of State' Driver Assessment and Appeal Division (instructions are on the back side of your Temporary Driving Permit) or else your License will be Suspended for a year. If the 14 days have passed, your License will be (or may have already been) Suspended for a year. In the real world, this generally only matters in 1st Offense cases. If a person is facing a 2nd Offense within 7 years, or a 3rd within 10 years, unless they beat the whole DUI charge, their License will be Revoked, anyway, so "fighting" this really amounts to little more than a short delay of the inevitable.

It goes without saying that, in cases where the 14 days haven't yet passed, I look these over rather carefully to make sure the refusal can "stick." Sometimes, it is worthwhile for me to be retained to show up and contest a refusal. Most of the time, however, it's a waste of money, and unless there is information to be gained through the cross examination of the Police Officer that may prove useful in the underlying DUI case, this can serve as a textbook example of throwing good money after bad.

If the DUI case appears solid and there is really no basis to challenge the refusal, I'll simply tell my Client to show up for the Hearing at the Secretary of State Branch Office on the off chance that the Officer does not, in which case the whole thing is dismissed and the person's License is secure. If the Officer does show, and unless I have determined that there is a real problem in the case, the outcome is pretty much predetermined.

Remember, the vast majority of refusals are upheld because, in the vast majority of cases, there is no adequate legal excuse for failing to take the test, as required by law. This is part of Michigan's implied consent law, and the requirement that a person submit to a chemical breath test is set in stone. The ONLY way to win one of these cases is to prevail on one of the 4 issues set forth on the reverse side of the Officer's Report form. Not to be funny about it, but in answer to a question I'm asked often enough, being drunk doesn't count as an excuse.

Let's skip forward - unless you win at the Secretary of State (and really, good luck with that), you're going to need to get your License back, and I can do that. I can take the matter to Court and have a Judge override your Suspension and get you back on the road. This is true whether you did nothing, and just let the state Suspend your License, or you went to a Secretary of State Hearing and lost. Either way, I can undo the Suspension of your License...

Continue reading "DUI Breathalyzer Refusal - Avoiding a Suspended License" »

As a Criminal Defense Lawyer whose Practice concentrates rather heavily on Driving-related matters, including DUI's, Driver's License Restorations and Suspended License Offenses, I have seen firsthand how an unfortunate choice or two can impact a person's life. This article will focus on the impact, both immediate and long-term, when a person winds up getting caught Driving on a Suspended License (DWLS), or Driving with a Revoked License (DWLR). It will be based upon my experience in those localities to which I limited Practice, meaning all of Macomb and Oakland Counties, and parts of Wayne County.

At first glance, Driving While License Suspended seems like a less serious charge than Driving While License Revoked. After all, a person's License can be Suspended for all kinds of reasons: Chief amongst them are unpaid Tickets, failure to show up in Court, and a DUI or a Drug case. A person's License is usually Revoked, however, for multiple DUI's, or really serious things. It often surprises people to learn that Driving on a Suspended License and Driving While License Revoked violate the very same rule of Law. As a result, the potential punishment for each is identical. Legally speaking, DWLS and DWLR are identical. In fact, in many jurisdictions, the Police will quite correctly write up the Offense as DWLS/DWLR.

Beyond all this legal finery, however, lies a subject that turns out to be a little deeper than it at first seems.

Of course, it's pretty safe to say that no one who gets Arrested on a Suspended or Revoked License charge ever really thought it would really happen, or, in the case of those with prior such Offenses, happen again. Everyone who gets behind the wheel and knows their License is not valid knows they're taking a risk, but figures that they'll be extra careful and will get by unnoticed. Then something happens, a Police car gets behind them with lights flashing, and they immediately get that sinking feeling in their stomach.

Over the span of my career, I have heard every reason you can imagine for why a person was driving. Most often, it centers around work. Obviously, if a person is caught driving without a License, a better reason seems to make it more "excusable." No one would say something like "I didn't have a ride to the bar, so I figured I'd drive myself." Instead, "I didn't have a ride to work, and I couldn't find one" seems to make a lot more sense.

And to a large extent, it does.

I have noted in many of my various DUI articles that how well or poorly any case turns out that won't otherwise get dismissed or "knocked out" due to some technical has a lot to do with geography. In other words, a DWLS case in the Macomb County cities of Roseville, New Baltimore or Shelby Township, or the Wayne County cities of Canton, Livonia or Westland will result in a much more lenient Sentence than one in the Oakland County cities of Rochester Hills, Bloomfield Hills or Troy.

Continue reading "Driving on a Suspended (DWLS) or Revoked (DWLR) License in Michigan" »

Within my Practice as a Criminal and DUI Lawyer, I handle Driving While License Suspended (DWLS) charges quite frequently. DWLS is perhaps one of, if not the single most common "Criminal" charges to go through the Court system. This article will be about the run-of-the-mill, Joe-basic DWLS charge.

In previous blog articles, I have explained the various categories of DWLS charges, from 1st to 2nd (or subsequent) Offense. I have also examined how DWLS is different from Driving While License Revoked (DWLR), even though the two Offenses carry essentially the same penalties, and are part of the very same provision of the Law.

Here, we're going to concentrate on the everyday, garden-variety DWLS charge. This is the kind of case that shows up regularly in my Office, and in Lawyer's Offices everywhere. To be clear, much of what we're going to examine applies to 2nd Offenses and to DWLR charges, but to keep this article down to manageable size, we'll restrict our focus to those cases in which the charge is DWLS.

Note that I did not use the term "DWLS 1st Offense." A person may have had a prior DWLS charge, or even a few. That, however, does not mean that they are always subsequently charged with a 2nd Offense. In fact, in many cases, a person with 1 or more prior cases winds up simply charged with "Driving While License Suspended (DWLS)."

And that's as good a place as any to jump off and ask why that's the case? Why are there so many DWLS cases in the first place, and why do so many people with prior Offenses NOT get charged with a 2nd or subsequent Offense?

Not surprisingly, the answer boils down to one word: Money. DWLS charges are money-makers for municipalities. In fact, if you want to be a bit cynical about it, they're pure money. While some have (not incorrectly) called DUI cases "cash cows," DWLS cases might comparatively be called "pure profit pigs."

Continue reading "Dealing with a Suspended License (DWLS) Charge in Macomb, Oakland or Wayne County" »

There is a consequence to all Drug Possession cases that is often overlooked, if not unknown, by many people facing such a Charge. This is the mandatory Driver's License Suspension that MUST be imposed in any case where a person has been convicted of a Drug Crime. Strangely enough, this mandatory Suspension is the same, whether or not the person was charged with Possession of Marijuana, or Possession of Heroin, or any substance in-between, either Felony or Misdemeanor.

The reason this mandatory Suspension ever came into existence is another fine example of what happens when Lansing acts. As I have said in previous articles, I try to keep politics out of this blog, but I cannot escape the truth that pretty much EVERY LAW that is enacted in our state either makes life more difficult, or expensive.

Honestly, when is the last time a Law was passed that made your life any better? The smoking ban is, in my view, the only exception to this proposition, but that really depends on whether you smoke, or not. I don't, so I like the change.

Thus, a number of years ago, our state legislature decided that it didn't like the idea that most people who faced a Drug Possession charge didn't go to jail. The feeling was that simply being placed on Probation wasn't enough consequence, so it was decided that a provision would be written into the Law that anyone convicted of any Drug Possession charge who WAS NOT Sentenced to Jail would thereby have his or her Driver's License Suspended for 6 months, in any 1st Offense case, and for 1 year if the person had a prior Drug Possession conviction. The Court in which such a conviction took place became legally obligated to impose the Suspension, and would, of Course, have to report the matter to the Secretary of State as a "Drug Crime."

Although there is a corresponding License Sanction in Drug Delivery cases, we'll keep our focus on the far more common Possession charges.

To soften the "sting" of leaving so many people without a way to get to work, the Legislature added a provision to the Law that allows the Judge handling the Possession case to grant the person a Restricted License. In 1st Offense cases, this can be done after the person has suffered through 30 days of the Suspension. In 2nd Offense cases, the Judge can grant that Restricted License after the person has gone 60 days with a fully Suspended License. This has not worked out so well, however.

Continue reading "Possession of Marijuana or Other Drugs and the Mandatory Michigan Driver's License Suspension" »

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)" »

In the previous article about Driver's License Restoration eligibility, we learned that 2 DUI's within 7 years requires a License Revocation of at least 1 year, and that 3 within 10 years results in a License Revocation of at least 5 years. In this article, we'll examine how picking up any Driving convictions, including Driving While License Suspended/Revoked/Denied (DWLS/DWLR), will extend that period of Revocation, and for how long.

Many years ago, The Michigan Secretary of State used to impose what was then called a "Mandatory like additional" period of Suspension or Revocation if someone was caught driving during a period of valid Suspension or Revocation. Since those days are long gone, and the lingering cases from that period growing fewer, we won't waste a lot of time revisiting ancient history. The major upshot of the Laws that existed prior to 1999 was that a person who got caught driving during a period of Revocation due to multiple DUI's would get another identical period of Revocation slapped upon them.

This meant that a person with 3 DUI's within 10 years, whose License was Revoked for a minimum of 5 years, and who got caught driving during that period would have another 5 years of Revocation imposed upon them.

If they wound up with 10 years to wait before they could apply for a License Appeal, and got caught driving during that time, then they'd get another 10 years of Revocation added. If, after that, they got caught driving during that 20 year Revocation period, they'd get another 20 years.

Recently, I received a Driving Record from someone who, because of those old Laws, is Revoked until the year 2034.

The good news for this shrinking class of people is that they can go to Court and have those pre-1999 Revocations set aside and become eligible to file a License Appeal. There are, of course, certain requirements and conditions that must be met in order to do this, but if they've not been caught driving within the last 5 years of so, then the way can be cleared in order to file a License Appeal.

More common, however, is the situation where a person has been Revoked for a 2nd, 3rd or subsequent DUI after 1999, and then gets caught driving during that 1 or 5 year Revocation period.

Continue reading "How a Revoked License Charge will Affect a Michigan Driver's License Restoration Appeal" »

In previous Blog articles, I have covered the broader subject of Driving While License Suspended/Revoked/Denied. We have examined how each of those Offenses is part of the same Michigan Law. We have examined how DUI's can eventually lead to Driving While License Revoked charges, but we haven't really focused in as much on the bread and butter of all Traffic Offenses, the simple Driving While License Suspended.

This article will focus specifically on Driving While License Suspended (DWLS), and instead of a wider, more inclusive focus, we'll narrow in on what is becoming, by far, the most common Criminal Traffic Offense being charged, and how an ever-increasing number of these charges are the result of unpaid Driver Responsibility Fees.

The term "bread and butter" really has multiple meanings here. In terms of revenue, a DWLS brings into Court the lowest severity Criminal Defendant on the planet. Many DWLS Defendants have no prior Criminal Record, or, if they do, just have a few Driving Offenses upon it. They are typically non-violent, not dangerous, and often accurately describable as a "creampuff." They come to Court scared, and are more than willing to part with money to avoid any kind of Jail sentence.

From the Police perspective, these "creampuffs" are the least threatening (although every Traffic Stop does present a certain threat level to a Police Officer) and usually the most easily managed of all encounters.

From a Defense Lawyer's point of view, these Clients are typically amongst the easiest to deal with. I'm not likely to have a phone consultation with some hardhead who begins by saying "I got a Suspended License charge, and I want to sue the Police for arresting me because they never read me my rights."

Instead, I'll often speak with someone who is a bit of a "Nervous Nellie" and whose first concern is, in fact, staying out of Jail. In most cases, staying out of Jail is so much more likely than getting thrown in that it's a waste of time to dwell too much upon it.

Let me repeat that, and be clear: In most DWLS cases, it is easily manageable for a person to NOT be put in Jail. Even in those cases where a person has racked up a pretty bad Driving Record, and owes a King's ransom in Driver Responsibility Fees, and seems a million miles away from being anywhere close to having, or even being eligible to have their Driver's License reinstated, with some diligent Legal work, they can walk out the front door of the Court and avoid Jail.

And that is NOT a set-up for some outrageous Legal Fee, either. A DWLS case should NEVER cost more than about $1600 total. Of course, whatever Fee a person pays is going to depend on any number of factors, including how far the Lawyer a person hires is going to have to travel.

Continue reading "Driving on a Suspended License (DWLS) in Macomb, Oakland and Wayne County" »

In part 1 of this article, we began examining the economic realities Lawyers face in taking Court Appointed cases. In this second part, we'll focus on how that economic strain translates into time spent, or not spent, resolving a Client's case, and how that affects the level of service that is ultimately provided.

Beyond time and money, there is another, even less obvious factor that comes into play when we compare having your own Lawyer to taking one who has been Court Appointed. In my Practice, having a Client come in to hire me is almost always the by product of their deciding they like what I have to offer, and my thinking I can help them. In other words, there is sort of a mutual selection that has taken place. If the Client calls my Office and feels alienated, or if I speak with them and think they're nuts, then it's not likely we'll be meeting.

When I take a person's money, I feel a very serious responsibility to them to do whatever is necessary to produce the best outcome humanly possible. After all, they paid me.

When the Court pays someone, and the pairing of Attorney-Client has been by chance, that bond and that sense of agreement and understanding are simply not there. That's not to say that any particular Court Appointed Lawyer will neglect his or her Client's interests, it's just that, no matter how you slice it, that bond, understanding, sense of obligation, handshake, or whatever is NOT there, and never will be. Either side can always think "I didn't hire you" or "you didn't pick me."

In fact, it has been noted that there is at least a concern that because it is the Court, and not the Client who pays the Lawyer, the Attorney might be far more afraid to test the Court's patience, rather than the Clients. Think about it this way: one frustrated Client dealing with an otherwise happy Court passing on Appointments is worth more than one happy Client and a frustrated Court who might direct appointments away from a Lawyer who is seen as inefficient in wrapping cases up and moving them through. Remember who signs the check.

Then there is the matter of time spent with a Client before and during the case. The way I see it, I am paid to explain every aspect of a case to my Client. In a DUI, for example, I'll meet with my Client for 1 and ½ to 2 hours at our first Appointment. I will begin preparing the Client to take the legally required Alcohol Evaluation. My Client leaves not only with my phone number, but my "personal-business" e-mail so they can get in touch with me as other questions or concerns come up.

Continue reading "Michigan Criminal Law - Should I just go with a Court-Appointed Lawyer? - Part 2" »

One question that comes up from time to time within my Criminal Practice is "should I just go with a Court-Appointed Lawyer?" This is almost always preceded by an explanation that the questioner either has no money, or not a lot of it. This article will focus on that question, and will be broken into 2 parts.

Let's narrow that focus, however, to the types of Criminal cases that I handle. Thus, we are not talking about what are called "Capital cases," meaning those that carry a term of up to life imprisonment, and usually involve such crimes as Murder, Rape, Armed Robbery, and the like.

Instead, we'll focus on the rather garden-variety Misdemeanor case, or a light-to-medium severity Felony case. Typically, this will involve charges ranging from DUI, Suspended License and other Driving charges to things like Possession of Marijuana, Cocaine, Analogues, or other Drugs, up to Felony DUI matters. The idea here is that we are NOT talking about Murder, Rape or Armed Robbery type charges.

Let me begin by pointing out that when facing a Criminal charge, having a Lawyer is better than not having a Lawyer. The same thing goes for dealing with an injury. Better to have a Doctor than not.

At this point the reader is probably figuring that I'm going to begin an analysis of how and why Court-Appointed Lawyers are so inferior to those Practicing Privately. That's not the case. Instead, I'm going to examine the realities of the paycheck, and how that affects the level of service someone can expect.

Before we begin our analysis, I should point out that, contrary to popular opinion, a person represented by a Court-Appointed Lawyer must repay the Court. They are NOT free.

There is always some rumbling every year within the Legal Community about the need to increase the payment for Court Appointed Lawyers. The truth is, the Fee schedules that most Court-Appointed Attorneys work under was always below market in terms of compensation, and it has either remained relatively unchanged in the last umpteen years, or, in some cases, has actually gone down. It is generally recognized that within the economic realities of today's world, these Fees are bottom of the barrel. Compared to the Fees of a Private Lawyer (see my Fee Schedule), it seems like welfare.

This generally accounts for the notion that Court Appointed Lawyers are very often young, inexperienced "newbies" learning to "cut their teeth" in the real world. While that's not completely true, at least within the parameters of the kinds of cases I handle, any veteran Lawyer making his or her living on the Court-Appointed rolls, is generally not perceived (whether correctly or not) as having the "stuff" to be successful.

Continue reading "Michigan Criminal Law - Should I just go with a Court-Appointed Lawyer? - Part 1" »

It seems that Driving While License Suspended cases have been steadily increasing, at least in the Macomb, Oakland and Wayne County area. Likewise, I have seen a noticeable jump in the number of multiple-offense cases amongst those who have to deal with this charge. In a previous blog article, I pointed out that I am often asked about "package deals" in multiple offense cases. Of course, I'm always willing to work with someone regarding Fees in a multiple offense situation

Most often, a person will have an older DWLS case in one city, and a newer one somewhere else. This can create a certain logistical problem, and part of my job as a Lawyer is work that out for the Client. Here's what I mean:

Often, the Client will have a Warrant out in one or both cases. Let's examine that situation. Say a person has 2 DWLS charges. The first is in Fraser (Which is heard in the Roseville Court), and the second is in Warren. For whatever reason, they want to take care of these now (as opposed to earlier...). They come and see me. I need to contact each City and see if there is, in fact, a Warrant out in either case, and, if so, if there is a cash Bond amount that can be posted to have that Warrant recalled.

Now, let's say that person has a Warrant in both Fraser and Warren. If they were to walk into the Warren Court and try to take care of that Warrant, it would turn up that they also have a Fraser Warrant. Instead of leaving Warren on their own, they would be held for Fraser to come and pick them up on that Warrant.

This example is based on a real case I'm handling right now. My Client had a Warrant in both Fraser and Warren. I called the Courts in each city, and learned that Fraser had a $1000 cash Bond that could be posted. Warren, on the other hand, had a $2500, 10% Bond, meaning that $250 would be required to have the Warrant recalled and the matter set for a Court date.

Because most people don't have loads of cash just sitting around, my Client and I decided that she'd have the $250 Bond posted in her name in Warren, and that we'd go to Fraser together where I would be able to present her for Arraignment on the outstanding Warrant and likely get her release on either a Personal (meaning no money), or a much smaller cash Bond.

Had she been pulled over or otherwise had any Police contact before these things were straightened out, she'd have been taken into Custody and likely transferred from one city to the next over the course of several days.

Given that most people can have a Probationary Sentence imposed in one of these cases, that Jail time would have been time wasted. For my Client, in may have cost her job, and would have been terribly upsetting.

Continue reading "Driving While License Suspended in Michigan - Dealing With Multiple Cases" »

I handle a lot of Driver's License Matters, from Suspended and Revoked License Cases (DWLS/DWLR) to Full Restorations. I have probably seen most every scenario or circumstance under the sun as it relates to Suspended License Charges. In a recent article about Possession of Marijuana, I noted that, for all the differences amongst cases, and despite the fact that every case is unique, there are certain "patterns" that one begins to see after a while.

This article will focus on a pattern that often comes with a DWLS charge: They often come in groups. The title of this article provides some insight, because it does seem like bad things tend to happen in 3's. It's not uncommon for me to get a call from someone who has recently picked up not 1, but 2 (or even more) DWLS charges in a row. Often, their License was suspended for an unpaid Ticket or Tickets, or because they owe Driver Responsibility Fees to the State. It seems, then, like the first bit of bad luck, usually a Ticket, results in 2 more Driving Offenses, all making a sort of "Trifecta" or "Hat Trick" of misery.

More often than not, the person calling me has either 2 upcoming Court dates, or is waiting to be notified about one or the other. Sometimes, however, the person may have failed to take care of one or both matters, and be faced with 2 outstanding Bench Warrants for failure to show up. One way or another, there comes a point when there are 2 (or more) pending Court dates, putting one case in front of the other.

The order of those cases can make a huge difference in how they're worked out. It is generally a good idea to wrap up the case in the more "lenient" Court first. It's harder to get a really good break in your second Court date if you're record has already taken a hit in the first. Whether those Court dates arrive in the better order, or not, is about a 50-50 split.

That does not mean that things are in any way dependent upon the initial order of these Court dates; it means that if they don't get put in the "proper" or better order in the first place, the Defense Lawyer needs to either re-arrange them, or work it out somehow so that the cases are resolved in the best way possible. This, of course, translates to working it out to spare the client any, or as much negative Legal and License impact as possible. Here's what I mean:

Continue reading "Michigan - Driving While License Suspended (DWLS) - Things Happen in 3's" »

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"" »

As a DUI Lawyer, the title of this article makes perfect sense to me. Anyone who holds a CDL undoubtedly understands it as well. The purpose of this article is to examine what happens to a CDL when a person gets a DUI while driving their personal vehicle. If you don't know what the term CDL means, then the good news is that you probably don't have anything to worry about, even if you're facing a DUI. For the curious, however, CDL is an abbreviation for "Commercial Driver's License."

A CDL allows a qualified driver to operate a commercial vehicle. This includes panel trucks and big rigs, and all kinds of other vehicles.

If you have a CDL, and especially if you use it as part of your livelihood, then getting a DUI is devastating. Back in 2005, Michigan increased the penalties for CDL holders to require that all CDL privileges be completely suspended for a full year when a person pleads to, or is found guilty of, any DUI related charge, such as OWI, Impaired Driving, or Operation Under the Influence of Drugs.

The Law itself is very clear. This action is mandatory, and there is no way to Appeal it, or have any kind of "restricted" license. The bottom line here is that if you get convicted of a DUI, even if it involves operating your personal vehicle, your CDL is completely gone for a year.

It certainly is understandable that a getting a DUI while operating a Commercial Vehicle would result in losing a CDL. However, the law here goes much further. It imposes upon a CDL holder a higher standard of driving responsibility than it does on a non-CDL holder, including when a CDL holder is simply doing his or her normal, personal driving. In an upcoming Blog article, we'll examine in more detail just how far this goes, because the law also imposes CDL penalties for a bunch of other offenses, all while the CDL holder is only involved in personal, and not commercial, driving.

Anyone with a CDL can imagine just how devastating this 1-year suspension can be. If a person drives a truck for a Utility Company, for example, they can no longer do that for the year during which their CLD is suspended, although typically, they never lose the right to drive their personal vehicle, except, perhaps, for a short period of dealing with a Restricted License.

Continue reading "Michigan DUI Convictions and the Mandatory CDL Suspension" »

My Practice involves filing a lot of Driver's License Appeals. The other side of that coin is the number of Appeals I do not file. Often, I must turn away a potential Client because he or she has not done one or more things that I feel is necessary to win an Appeal. Usually, in those cases, it's a matter of a short while, a little work, and then we can begin.

Another, rather ironic and unfortunate problem occurs to those who simply wait too long to begin the process of License Restoration. They get caught driving without a License, and in the process, send themselves right back to square one in the waiting game. A recent example in my own practice highlights this point.

A fellow came to see me in order to begin the License Restoration Process. Like most people, his License had been Revoked for multiple DUI's. He was legally eligible, and, I felt, ready to start the process. So he did. He went and paid to have his Substance Abuse Evaluation done, the first step in the process after I meet with a new Client. His Substance Abuse Evaluation came back wonderful, and I was anxious to get this guy on the road.

Then, a week or so later, he called the office with dreadful news; he had gotten arrested over the previous weekend for Driving on a Suspended/Revoked License.

I have covered the various aspects of these charges in a series of Blog articles on Driving While License Suspended/Revoked, and using that link, the reader can learn as much as they want to about those subjects.

Our point here is about the real consequence to his ability to file that License Appeal, which I only discuss briefly in the linked articles.

The short version is that he screwed himself. No matter how good a deal I eventually get for him on this new Revoked License Charge, he has dealt himself a serious blow and will have to wait anywhere from at least 6 months to a year (or even more) before we can file that License Appeal. And, by the way, his Substance Abuse Evaluation, which must be filed with the Secretary of State's Driver Assessment and Appeal Division (DAAD), the body that decides these cases, expires 90 days after it is signed by the Substance Abuse Evaluator. So my Client blew $200 on that, and for nothing.

Continue reading "Michigan Driver's License Restoration - The Danger of Waiting too Long" »

In the 1st part of this article, we did an overview of DWLS 2nd charges, and saw how where a case is being handled can affect it's outcome. In that regard, we've said a lot, but only learned a little. Let's now turn to the reality of DLWR 2nd and Subsequent charges and how they're handled in Court. As we have noted, the vast majority of DWLR cases originate from multiple DUI's.

A person facing a "true" DWLR 2nd, meaning they only have 1 prior DWLR conviction on their Record, will still have to explain themselves to a Judge. Even if they were caught driving to work, the Judge will point out that they absolutely knew they were not allowed to drive, but chose to do so anyway. What do you say to that?

Before you answer that question, let's add in that many Judges will also point out to the person that all the excuses and promises in the world hold little meaning to them, because this person undoubtedly said those things last time. You know, "been there, done that."

This is were the value of a good Lawyer comes in. Beyond droning on about how old you're client is, and where they work, and how they just want to get on with their life (which is about the most useless waste of words I ever hear come out of a Defense Lawyer's mouth - who doesn't want to "get on" with their life?), a good Lawyer will point out to the Judge that the Client understands that, no matter what happens in Court, they have effectively "shot themselves in the foot." Remember, with each subsequent Offense, a Judge has to figure that whatever sentence the person got last time, it wasn't enough. In order to keep the Judge from "ramping up" the consequences, the Lawyer has to point out to the Judge that there are other consequences to the person's actions, outside of Court, that will automatically be "ramped up" anyway.

What I mean is that the Lawyer needs to point out that the Client is going to get nailed, financially, by the Secretary of State for additional Driver Responsibility Fees. And here's a catch: Even if a DWLR 2nd Offense is reduced to a 1st Offense, the Secretary of State simply counts the number of prior Offenses within 7 years. Thus, a person with 2 DWLR 1st Offense convictions within 5 years is going to pay the same Driver Responsibility Fees as a person who has both a DWLR 1st and a DWLR 2nd Offense. For DRF purposes, such a Plea Bargain has no effect.

Continue reading "Driving While License Revoked in Michigan - 2nd (or Subsequent) Offense - Part 2" »

In the previous articles in this series, we examined the charge of Driving While License Revoked (DWLR) 1st Offense. We learned that, although part of the exact same Law, DWLR is still a different crime than Driving While License Suspended (DWLS), and the majority of DWLR cases arise because the Driver has accumulated multiple DUI's. This article will focus on DWLR 2nd and Subsequent (meaning, 3rd, 4th, 5th, etc.) Offense. Like the other articles in this series, this one will be broken into 2 parts, the first part being more of an overview of DWLR 2nd Offenses, and the second looking more at how 2nd and Subsequent Offenses are actually handled in Court, and the other consequences they cause. From here on out, we'll simply refer to DWLR 2nd or Subsequent Offense as DWLR 2nd Offense. It will be clear when were talking about 3rd, 4th and additional subsequent offenses.

At first glance, one might think that DWLR 2nd Offense is just a more serious crime than DWLR 1st Offense, and that's partly true. As I frequently point out in these Blog articles, my observations are limited to the Courts of Macomb, Oakland and Wayne Counties. Thus, what I say here may not be accurate in the Courts of other Counties.

Unlike so many "doom and gloom" observations about how bad things are or can be with any given charge, a DWLR 2nd Offense charge does not have to be the end of the world. Of course, if this charge is made out as part of another DUI arrest, it can't get much worse. On it's own, however, a true 2nd Offense is really quite survivable. That's not to say there aren't consequences. As a Driver's License Restoration Lawyer, I can point out that right out of the gate, anyone getting a DWLR 2nd charge has set themselves back at least a whole year as far as any License Appeal goes.

And while that's certainly a valid concern, for anyone facing a DWLR 2nd Offense charge, a more immediate consideration is staying out of Jail. Just like DWLS 2nd Offenses, DWLR 2nd Offenses are Misdemeanors punishable by up to 1 year in the County Jail. As far as Misdemeanor's go, a 1-year Misdemeanor is the most serious of all Misdemeanor charges.

When a person hires a Lawyer to help them in one of these cases, they usually have 2 big concerns: staying out of Jail, and avoiding Probation from Hell. Depending on where the case is being heard, how this works out can be very different from Court to Court.

Continue reading "Driving While License Revoked in Michigan - 2nd (or Subsequent) Offense - Part 1" »

In Part 1 of this article, we did an overview of DWLR, compared and contrasted it to DWLS, and left off by noting that anyone facing a DWLR 1st Offense is usually already in "hot water" by virtue of their prior Record. In this second part, we'll look at why that's the case, and how this charge can negatively impact a person's hopes of having their Driver's License Restored anytime soon.

Every Judge hearing one of these cases is going to look at the Defendant's prior Record. That means, to put it plainly (if not harshly), almost every DWLR Driver will be seen as a repeat-offender Drunk Driver who, after all of that, still can't follow the law. That may seem mean spirited (although it's not meant to be), but it's certainly far more accurate than saying almost every DWLR Driver is safe bet to stay out of trouble.

Given that perspective, it only makes sense to make sure the Defendant not only has a Lawyer, but a good one. Hiring some person from far away, or who is not a "regular" at handling these cases makes less sense than taking a Court-Appointed Lawyer. Whatever else, at least the Court-Appointed Lawyer will have an idea of how the Judge will handle the case, which is a lot more than can be said for the Lawyer from far away or the one who doesn't regularly handle this kind of case.

In my Practice, that means only handling these cases when they arise in Macomb, Oakland or Wayne Counties. Whatever "shopping" a person does, bear in mind that the term "local" means a lot here. While it's not for me pass judgment on other Lawyer's practices, or those who hire them, I can certainly give my opinion. Knowing what I know, if I had to hire a Lawyer for a DWLR charge, I'd look for someone from the local, Tri-County area and steer away from those "1-800" number, statewide, "go anywhere, handle any case" kind of outfits. If my case was in a County outside of the Tri-County area, I'd hire a Lawyer from that County. Now, I realize there are exceptions, but a s a general rule, I'd mark that as number 1.

Continue reading "Michigan Driving While License Revoked 1st Offense - Part 2" »

In the previous series of articles, we have examined Driving While License Suspended (DWLS) cases (both DWLS 1st Offense, and DWLS 2nd and Subsequent Offense) and noted that the subject of this series, Driving While License Revoked (DWLR) is a more serious offense.

In Representing Clients with DWLR charges in the Courts of Macomb, Oakland and Wayne Counties, I have learned that, beyond the actual Law, there is another, real-world dimension to how these cases are viewed and handled.

This article will be broken into 2 Parts, and will deal specifically with Driving While License Revoked (DWLR) 1st Offense. The next articles in this series will deal with DWLR 2nd and Subsequent Offenses.

I point out that DWLR is a more serious Offense than DWLS, but the fact of the matter is that both DWLS and DWLR, and both 1st and 2nd (or Subsequent) Offenses for each are both violations of the very same Law, and are both subject to the exact same penalties. So why is it that I call DWLR more serious than DWLS?

This is what I meant about there being another real-world dimension to these cases beyond the actual, written Law. While it is possible for a person to pick up a DWLS case as the result of a DUI, there is only a very limited scope within which that can happen, and either involves a Breathalyzer Refusal or a 1st Offense DUI (actually and technically, an OWI) wherein a person's License has been suspended for 6 months, and where they were granted a Restricted License for the last 5 months of that period, after they served a mandatory 30 day "hard suspension," meaning no driving privileges whatsoever.

That means that the only DUI matters that can cause a person's License to be Suspended are either Suspensions for Breath-Test Refusal, or a 1st Offense OWI where there was no reduction of the charge to an "Impaired" driving."

However, the number of cases involving Revoked Licenses (DWLR) due to DUI convictions is way higher than the number of DWLS cases attributable to a DUI. That's because unlike the narrow time frame when a person can have a License Suspended because of a DUI, any combination of 2 DUI-related convictions within 7 years will cause a person's License to be Revoked for LIFE, unless and until they are approved, after a Hearing before the Secretary of State's Driver Assessment and Appeal Division (DAAD). Such a Driver can't even apply for this Hearing until at least 1 year has passed.

Continue reading "Michigan Driving While License Revoked 1st Offense - Part 1" »

In Part 1 of this article, we began reviewing DWLS 2nd (and Subsequent) Offenses. This article picks up where the previous one left off. We'll examine how a Lawyer approaches and handles DWLS 2nd (and Subsequent) cases, and how, with each successive prior DWLS conviction, a person edges closer to actually getting locked up for this charge. As in the previous article, we'll simply use the term "DWLS 2nd" or "DWLS 2nd Offense" to mean both an actual 2nd Offense, meaning a person has only 1 prior DWLS conviction, as well as all "Subsequent" Offenses, where a person has 2, 3, or even more prior DWLS convictions.

In my Practice, DWLS 2nd Offense cases are handled much like 1st Offenses. When I am hired by someone to handle a DWLS 2nd, I fist want to know why their License was Suspended. As much as we've talked about DUI's, the most common reason for a License Suspension stems from either an unpaid Traffic Ticket or Tickets, or unpaid Driver Responsibility Fees.

If at all possible, the first thing a person with ANY Suspended License charge should do is clear up whatever it was that caused their License to be Suspended in the first place. Obviously, if the reason is for a DUI, all the person can do is wait. If the Suspension is the result of an unpaid Ticket or Tickets, then the person should pay them, or at least begin scheduling Court dates or work out some kind of payment plan to at least set the ball in motion.

The reason this is so important is that, as a Lawyer representing someone for a DWLS 2nd, I want to work out some kind of Plea Bargain for that person. Even if I know a Client is not likely to go to Jail, I need to try and minimize every other negative consequence of charge so that they can get back on the road as soon as possible, and so that they don't go broke in the process.

Let's look at a few examples. Let's say Dave the Driver gets pulled over in Warren for a DWLS 2nd. Lets say he already has a DWLS on his Record, which is the result of some unpaid Tickets elsewhere. When I go to Court for Dave, if I can show the Prosecutor that Dave has either taken care of his outstanding matters, or has at least started the process (meaning done more than simply saying he's going to take care of them), it is still possible for me to work out the poster-boy of all Plea Bargains in this kind of case, which has the whole DWLS charge dropped to what's known a s a "No-Ops." A "No-Ops" stands for No Valid Operator's License on Person, which amounts to being pulled over and having left your Driver's License at home. It carries no Points, no Mandatory Additional Like Suspension, and no Driver Responsibility Fees.

Continue reading "Driving While License Suspended 2nd or Subsequent Offense in Michigan (Macomb, Oakland and Wayne County) - Part 2" »

In Part 1 and Part 2 of the previous articles about Driving While License Suspended (DWLS) 1st Offense, we reviewed some of the reasons for and consequences of that charge. In this and the next articles, we'll look at DWLS 2nd Offenses and examine how and why that charge is (and is not) sometimes made, as well as the consequences that accompany a 2nd Offense. This overview will be based upon the many DWLS cases I have handled in the Courts of Macomb, Oakland and Wayne Counties.

Given the sheer number of DWLS cases that I handle, it only makes sense that a pretty fair share of them involve DWLS 2nd (or Subsequent) Offenses. It should be obvious at the outset that a DWLS 2nd or Subsequent Offense charge means a person has at least 1 prior DWLS conviction on their Record. From here on out, we'll refer to DWLS 2nd or Subsequent Offense as just plain DWLS 2nd Offense.

When someone is Arrested and then Charged with a DWLS 2nd, it's usual for their first concern to be staying out of Jail. If I have done anything in these blog articles, I think it's fair to say that I have NOT been any kind of alarmist, or used any scare tactics to frighten anyone about the real-life consequences of their situation. In fact, I have gone to great lengths to point out just how unlikely going to Jail is in many different kinds of cases, including the previous series of articles about DWLS 1st Offenses.

That changes a little bit now. While a DWLS 1s Offense almost never (and simply never, in my experience) results in someone going to Jail, Second (2nd), and especially that part about Subsequent (meaning more than 2 prior DWLS convictions) Offenses brings a person much closer to being locked up.

First of all, DWLS 2nd Offense is a Misdemeanor, like DWLS 1st Offense, but it carries a penalty of up to 1 year in Jail (a 1st carries a maximum penalty of up to 93 days in jail). In addition, it carries a maximum fine of up to $1000 (DWLS 1st carries a max of $500), 2 Points on the Driver's Record, and a Mandatory Additional Like Suspension. Beyond that, there is yet another, cumulative Driver Responsibility Fee, meaning that any DRF for a 2nd Offense is added on top of whatever other DRF a person might owe.

Continue reading "Driving While License Suspended 2nd or Subsequent Offense in Michigan (Macomb, Oakland and Wayne County) - Part 1" »

Part 1 of this article focused on defining a DWLS 1st Offense charge, and what the law sets forth as possible consequences for such a charge. In part 2 of this article, we're going to talk about the real consequences of a DWLS 1st Offense charge, and what can be done to avoid them, and perhaps the whole DWLS charge altogether.

While there are exceptions, pretty much all DWLS cases involve someone getting pulled over and caught driving. In that sense, the usual Client is caught "red handed," as the term goes, and there are seldom any evidentiary issues to challenge, except, occasionally, the underlying Police reason for the Traffic Stop.

Therefore, in the usual, garden-variety DWLS 1st Offense case, a person has been pulled over for some reason and is found to have their License Suspended. Most of the time, they'll be arrested and taken back to the Police Station, but sometimes, they'll be let go with a Citation (Ticket). Of course, they're not let go to keep driving; either someone in the car with a valid license will have to drive, or they'll be allowed to call someone to come and pick them up. Depending on the circumstances, the car may or may not be impounded.

After all of that, they start looking for a Lawyer. They want to know several things, and first among them is whether or not they can be kept out of Jail. Good news here; unless the person has a really horrible prior Record, a 1st Offense DWLS is almost a slam-dunk for staying out of Jail. In fact, I cringe when people sometimes tell me some Lawyer or other told them he or she would keep them out of Jail. To me, that's like a Dentist telling a person with a cavity that because of the filling they can put in, they'll keep the person from getting brain-cancer. In fact, I can't remember anyone I've ever represented even coming close to going to Jail on a DWLS 1st Offense charge.

Okay, so we know that in all but the rarest of rare cases, we're not talking about Jail. Next on anyone's list is (or at least should be) what can be done to avoid all the other consequences (Mandatory Additional License Suspensions, Points, Driver Responsibility Fees, etc.)? The answer to that question depends, more than anything, on the driver's prior Record. If the person gets a DWLS 1st charge after having ignore 22 Tickets in 14 different Cities, and has 20 outstanding Suspensions for failure to take car of any of them, their chances of working out a deal to avoid all the consequences of a DWLS are a lot slimmer than a person who has 1 or 2 (or even 3 or 4) outstanding unpaid Tickets that have resulted in Suspensions.

Continue reading "Driving While License Suspended in Michigan - 1st Offense in Macomb, Oakland or Wayne County - Part 2" »

Driving While License Suspended cases have always been a large part of my Practice, and the sheer number of such cases has been rising over the last several years. The economy has prevented many people from paying off or otherwise dealing with Traffic Tickets, which then results in a "FCJ" or Failure to Comply with Judgment" Suspension of their License. Even those who handle their Traffic Tickets are sometimes unable to pay the Driver's Responsibility Fees, or what's known as the "bad drivers tax." When those Fees are not paid, the Driver's License is Suspended.

There are, of course, lots of other reasons why a person's License may be Suspended. In this article, we'll discuss some issues regarding Driving While License Suspended (DWLS) 1st Offense cases, and how that can affect a person's ability to get their License reinstated. In the next article, we'll examine how this works in cases of Driving While License Suspended (DWLS) 2nd and Subsequent offense. After that, and as this series of articles continues, we'll see how all this works in Driving While License Revoked (DWLR) cases.

The 2 terms DWLS and DWLR are sometimes confused, and despite being part of the same law, are very different, and carry very different consequences. So, to define our subject here, we're talking about matters involving Suspended, and not Revoked Licenses, and Parts 1 and 2 of this article will deal with DWLS 1st Offenses.

Let's clarify one more thing; I only handle DWLS and DWLR cases where the charge is pending in a Court in Macomb, Oakland or Wayne County. A recent exception to that limitation only served to reinforce my decision to limit my Criminal Practice to the Tri-County area (this geographic limitation does not apply to my License Restoration or Bankruptcy Practices). Thus, what you read here is how things work in the Detroit area. Some or all of it may apply elsewhere, but I have no inclination or interest in finding out to what extent that is or is not true.

Suspended License cases come in several different flavors. Some cases, like those that we'll be examining in this article, involve a "1st Offense," meaning that the person charged has no prior DWLS cases. Some people, however, do have "priors," and the number of those "priors" can range from 1 prior to many. Not to swap war stories, but perhaps the highest number of prior suspensions I have seen on a Client's record was over 60! Long story about that one, but I kept the guy out of Jail.

Continue reading "Driving While License Suspended in Michigan - 1st Offense in Macomb, Oakland or Wayne County - Part 1" »

My Criminal Practice is made up, in significant part, of driving-related cases, from DUI, to License Restorations, to Traffic Tickets. Perhaps one of the most common Offenses I see is DWLS (Driving While License Suspended). In other Blog articles about DWLS and DWLR, I have discussed various aspects of these cases, from explaining the different terms used to describe this category of Offenses, explaining what happens in Court, to pointing out what the first thing anyone charged with such an offense should do.

In this article, we'll look at those cases where a person is facing two or more DWLS charges almost simultaneously. This happens a lot more frequently than you might imagine. Often, when I receive a call from a person facing multiple DWLS charges, they want to know if I can cut them some kind of "package deal" on the Legal Fees (and yes, I can and do).

Legal Fee "package deals" aside, the real problem is that there are generally no "package deals" available in Court, at least at the outset of these cases.

Perhaps the most common scenario for multiple DWLS charges involves a person who, for whatever reason, has their License Suspended and gets caught driving. Instead of following up on that charge, they let it slip their mind, and all but forget about it.

Until they are pulled over again, and find out that there is an outstanding Bench Warrant for their arrest because they failed to show up in Court for that first DWLS case.

Eventually, the person is released from custody, usually after being required to post a Bond for the first case, and a Bond for the new case, as well. They leave the Police Station with a notice to contact the Court in which their first, unresolved DWLS case is pending, as well as instructions for Appearing in Court on the new charge.

At this point, most people will look for a way to get these cases handled. Some people, however, will repeat this cycle of events any number of times before they get serious about fixing things up. I have been hired to represent people who have done this so many times that the last place they were arrested finally got so fed up with this pattern that they set a Bond too high for the person to post.

Continue reading "Driving While License Suspended - Multiple DWLS Charges in Michigan" »

This article will focus on License Revocations that occurred after January 1, 1992, but prior to October 1, 1999, when Michigan's Habitual Offender Drunk Driving Laws went into effect. This Blog article follows one about Licenses that were Revoked, prior to 1992, for multiple Drunk Driving convictions. As a Lawyer who concentrates a significant part of his Practice in License Restorations, my experience with Suspended and Revoked Licenses pretty much runs the gamut of possible circumstances and situations.

Prior to the Habitual Offender Laws of October 1, 1999, a person who was caught Driving on a Suspended or Revoked License was punished by having their License Revoked for an additional number of years similar to whatever their then-current suspension or revocation period was. In other words, if a person had been revoked for 5 years for 3 DUI's within 10 years, then a Driving While License Suspended/Revoked/Denied (DWLS/DWLR) conviction would automatically get another 5 years tacked onto that Revocation. And this kept adding up for every DWLS/DWLR case they got. The end result was that some people were Revoked for 20, 30, or even more years!

In 1999, the Habitual Offender Laws, which made pretty much everything connected with Drunk Driving even tougher, did, however, lighten up the penalties for what are known as "Mandatory Additionals." Instead of compounding Revocations until the end of time, that same person who was Revoked for 5 years (due to multiple DUI's within 10 years) and who got another DUI would simply be Revoked for 5 years from the date of his or her last conviction.

This was great news for anyone arrested after October 1, 1999, but kind of shut out in the cold anyone whose arrest occurred before then. In particular, it tended to treat more harshly (or at least it appeared to) those whose Revocations occurred from January 1, 1992, up to September 30, 1999. Those whose DUI's occurred before the 1992 laws went into effect were still eligible to file and Appeal in the Circuit Court in the County in which they lived, and to have a License Restored based simply upon their need for one. This was known as a "Hardship Appeal."

The "Hardship Appeal" was completely and totally eliminated by the 1992 laws. When the Repeat Offender Law became effective on October 1, 1999, one of the big changes was that anyone who got another DUI, even if it was their 5th, or 15th, or 20th, would still be eligible to file a License Appeal 5 years from their last one.

Continue reading "Michigan License Restoration Appeals - Revoked Until the Distant Future" »

In the previous article on this Blog, we examined the difference between Misdemeanor and Civil Infraction Traffic Offenses, and learned that Misdemeanor Traffic Offenses can NEVER be removed from a person's Criminal Record. In this article, we'll look at the consequences of that permanence, and see how it applies in the real world.

As a practicing Criminal Defense Lawyer, I spend a lot of time in the Metro-Detroit area Courts. A recent experience in a city outside the Suburban-Metro area (hereafter referred to as the "other place") serves as the inspiration for this installment. To be fair, I cannot say where this case was handled, other than to point out that it was not in Macomb, Oakland, or Wayne County. In fact, an experience like this tends to reinforce my general policy to limit my Practice to the Tri-County area, with certain, limited exceptions. And I got into this case as one of those exceptions.

My Client was charged with Driving While License Suspended, Revoked or Denied (DWLS/DWLR), 2nd Offense. His last DWLS/DWLR conviction occurred more than 10 years before this most recent charge. He has 4 total prior DWLS/DWLR convictions. His License was Revoked due to several DUI convictions, the last also occurring nearly 10 years before this arrest. To be clear, his last DUI did, in fact, occur after his last DWLS/DWLR case.

Somehow or other, my Client was able to get a License from another State right after his last DUI conviction (definitely an error on that State's part), and returned to Michigan for a visit a little over 5 years ago, when he held the then-valid, out of State License. He got pulled over in a local city, and because his Michigan License was revoked, was still cited for DWLS/DWLR. He returned to the other State without taking care of this Michigan matter, and all but forgot about it.

Until he got arrested for DWLS/DWLR in the "other place." When his LEIN record was run, it came up that he had an outstanding Bench Warrant for his failure to show up to Court for the local DWLS/DWLR case. The end result to all this was that he had to post a Bond for the Old, local case, as well as the new, "other place" case.

Continue reading "Driving While License Suspended or Revoked - a Return to Forever" »

As a Criminal Defense Lawyer who Practices exclusively in the Metro-Detroit area, I handle loads of Driving on a Suspended License (DWLS) Cases. In my attempt to use this Blog to answer some of the more common questions I hear, let's address a question that is not often, but should always be asked by someone looking to hire a Lawyer to help them with one of these cases. That question is (or at least should be) "What should I do first?"

And the answer is pretty simple. For a good many people, perhaps even most of those charged with DWLS, the reason their License was suspended in the first place is either due to an unpaid, outstanding Traffic Ticket or Tickets, or their failure to pay an outstanding Driver Responsibility Fee to the Secretary of State. In either case, the first thing a person should do after being arrested for DWLS is to clear up the outstanding matter or matters. This means that if there is an unpaid ticket, or tickets, they should be paid. If there is an outstanding Driver Responsibility Fee, it should either be paid off, or arrangements made with the State for a payment plan, which can now spread the outstanding balance over a period of 24 months.

As a Lawyer for someone charged with a DWLS, the first thing I think about is trying to keep the DWLS completely off of their record. DWLS carries some consequences which, to be honest, are rather harsh. First, a person will receive a "Mandatory Additional Suspension," meaning their License will be suspended for an even longer period of time. Second, DWLS carries a mandatory Driver Responsibility Fee of $500 for two consecutive years. Also, and on top of a potential (but usually unlikely) Jail sentence, and additional fines and costs, a DWLS conviction carries 2 Points on a person's Driving Record.

When I represent someone who has been charged with DWLS, if I can show the Prosecutor that the person has paid their outstanding tickets, or scheduled them for Court dates, or paid their outstanding Driver Responsibility Fees or otherwise arranged a payment plan, I can usually get the Prosecutor to agree to reduce the DWLS charge to one that carries no "Mandatory Additional Suspension," no Driver Responsibility Fees, and no Points. Most often, this plea deal allows the DWLS to be dismissed and the person will instead Plead guilty to "No Ops," which means No Valid Operator's License on Person. Although "No Ops" is still technically a crime, I have never, in nearly 20 years of doing this, even heard of a person getting any jail time for it.

Bottom line: If someone calls me, the first thing I'm going to talk to them about is clearing up their outstanding matters. Even if a person cannot afford to do it all at once, a Defense Lawyer will know how to buy time so that the person can get enough accomplished to make a "No Ops" deal a reality. If you're facing a DWLS charge, the first thing you should do is fix whatever got your License suspended in the first place, or at least start fixing it, if it cannot all be done at once..

As a Criminal Defense Lawyer who handles a substantial number of DUI Cases each year in Macomb, Oakland and Wayne Counties, there are some questions that I am asked again and again. Chief among them are questions about what will happen to the Driver's License. This article will focus on what happens to a person's Driver's License as a result of an OWI (Drunk Driving) conviction.

Let's begin with the arrest part first. Under Michigan Law, when a Police Officer arrests someone for Drunk Driving, they must confiscate and destroy that person's Driver's License. In its place, the person will be given a Michigan Temporary Driving Permit, sometimes called a "paper license." Because the person is presumed innocent until proven guilty, that paper license is every bit as good as the original which it replaces. In other words, a person still has the same license they did before the arrest, except that their picture ID has been replaced by the "paper license."

If a person is subsequently convicted of a Drunk Driving offense (whether by a Plea, Plea-Bargain, or a Trial Verdict), the Michigan Secretary of State, and NOT the Court, imposes the License Penalties. These penalties are absolute; they cannot be modified in any way, under any circumstances. They are as follows:

1st Offense:

OWI (Operating While Intoxicated) - 6 month suspension of the Driver's License, with no driving whatsoever for the first 30 days, and a Restricted License for the remaining 5 months. Restricted License allows driving to, from, and during the course of work, school, and to and from any necessary medical treatment, AA or support-group meetings, and to complete anything the Court ordered as a result of the conviction.

OWVI (Operating While Visibly Impaired) - 90 day Restricted License.

2nd Offense (within 7 years of the 1st):

OWI and OWVI - Mandatory 1 year minimum License Revocation. This means no License, and NO POSSIBILITY for any kind of License, for at least 1 full year.

3rd Offense (within 10 years of the 1st):

OWI and OWVI - Mandatory 5 year minimum License Revocation. This means no License, and NO POSSIBILITY for any kind of License, for at least 5 full years.

These License Penalties kick in after the Court handling a Driver's case sends Notice to the Secretary of State of the Conviction. The Secretary of State then sends a Notice of the Licensing Penalty (called an Order of Action) to the Driver. Usually, the Driver will receive the Notice several days before the License Penalties start.

This Post will deal with the common offense of Driving While License Suspended (DWLS) and Driving While License Revoked (DWLR). A full explanation of these charges, their consequences and how they're handled in Court can be read in Part 1 and Part 2 of a previous Blog post. Believe me, as a Criminal Defense Lawyer, it's hard for me to reduce a rather complex subject to a few short paragraphs, but in the interests of brevity and everyone's patience, here goes:

These two offenses violate the very same law. They carry the same potential punishment, which is up to 93 days in Jail, a fine of up to $500 (plus Court costs) for a 1st offense, and up to 1 year in Jail and a fine of up to $1000 (plus Court costs) for a 2nd offense. Beyond adding 2 Points to a Driver's record, a conviction for DWLS or DWLR also requires a Mandatory Additional License Suspension or Revocation, meaning that the Driver's License will be Suspended (or Revoked) for an additional period of time just for driving while it was already Suspended or Revoked. Moreover, anyone convicted of either of these offenses will have to pay a Driver Responsibility Fee.

The charge of DWLS arises because someone has had their License Suspended for any of a variety of reasons. Usually, they either have unpaid Traffic Tickets or have outstanding Driver Responsibility Fees owing to the Secretary of State. Many Drivers are unaware that even if they owe the SOS money, they can enter into a payment plan that goes for up to 2 years to pay these fees off.

Most Drivers charges with DWLR have had their License taken away due to 2 or more prior DUI or Substance-Abuse related convictions. These Drivers cannot simply have their License "reinstated," but must apply for a License Restoration once they are eligible for such a hearing.

Typically, a person hires a Lawyer for one of these charges to keep them out of Jail and avoid any additional and further term of License Suspension or Revocation.

If someone is facing either of these charges, and the case against them is "solid," I try and negotiate a Plea Bargain which, beyond keeping them out of Jail, will reduce the charge to something called a "No Ops," or "Failure to Produce a Valid License." This offense does not carry any Points, nor does it result in any Mandatory Additional Suspension of the Driver's License. On top of that, there are no Driver Responsibility Fees assessed for a "No Ops.". It really is a "bargain" in every sense of the word.

Working out such a bargain depends, more than anything, on the Driver's prior record and the City (or Township) where the offense occurred. As a Lawyer who limits his practice to the Metro-Detroit area, I can usually give a Driver who has been charged with one of these offenses in the Detroit area a pretty good idea of what the likely outcome of his or her case will be after just a few questions.

In the first Blog post of this 2-part series, we examined the differences between Suspended and Revoked Licenses in Michigan. In this second part, we will look at how these each of these cases is usually handled in Court, and what a Lawyer can do to help the Client avoid the negative consequences that go along with each.

Whatever the reason or reasons, the most common Misdemeanor Driving Charge is Driving While License Suspended, or DWLS. Driving While License Revoked, or DWLR, while not as frequently cited a charge as DWLS, is still a common Misdemeanor Driving Offense. Here's where things can get strange.

Remember how, in part 1, we learned that DWLS and DWLR are part of the same statute (law), and carry the same penalties for violation? While that's true, in the real world of Courts and Judges, they are often looked at very differently, and a violation for DWLS is often treated much more leniently than a violation for DWLR. Here's why:

As we noted in the first Blog post of this series, most (but not all) License Revocations result from an accumulation of alcohol-related (or sometimes drug-related) Driving Convictions. When a person is cited for DWLR, it often means they are what's known as a "Habitual Offender" of Drunk Driving (of DUI) Laws and has had their license Revoked. In part 1 we saw that we can compare having a License Suspended to being suspended from school, and having a License Revoked to being expelled from school. From a Judge's point of view, a Revoked Driver causes the biggest concern, because not only do they (often) have a demonstrated record of DUI convictions, they also demonstrate a lack of ability to follow the law even after their license has been yanked.

My job in representing a Client in this type of case is to demonstrate that, aside from whatever caused their License to be Revoked in the first place, the Driver is not nearly as defiant as the charge may at first make them appear.

Continue reading "Driving on a Suspended or Revoked License in Michigan - Part 2 - What Happens in Court" »

Most people don't know that the terms DWLS, DWLS/R/D, Driving While License Suspended and Driving While License Suspended, Revoked or Denied are all violations of the same Law. A person arrested for Driving on either a Suspended or Revoked License goes home with a Ticket that has one of the above-mentioned terms written on it. As a Criminal Defense Attorney who handles Driving Cases of every kind, from Traffic Tickets and Criminal Charges to Reinstatements and Restorations, I am often asked why someone's Ticket says "Revoked" when their License was only "Suspended?"

Fortunately, that's an easy question to answer. By answering that question, we learn quite a bit about the whole subject of Suspended and Revoked Licenses, and what can be done about them. Because there is no quick explanation of all this material, we'll divide the discussion into two parts. In this first of the two-part series examining these Charges, we'll learn about these terms and what they mean. In the second part, we'll look at what can be done in the Court case involving on of these Charges.

First, let's clarify the difference between the terms:

Suspended License means the driver has a License, but driving privileges have been suspended. Think of it like you would a student in school. A suspended student is still a student at the school, but is not allowed to come back for a specified period of time. The same is essentially true with Licenses. The vast majority of suspensions have a "From-To" date, meaning, for example, the Driver's privileges have been suspended from September 1, 2009 through July 4, 2010. This means that on July 5, 2010, the Driver can go to a Secretary of State Branch Office and get their License reinstated, usually upon payment of a $125 Reinstatement Fee.

Sometimes, although less often, a Driver's License has been Suspended "Indefinitely." Unlike the usual "From-To" suspension, there is no absolute duration for this type of suspension, although there can be a minimum period of suspension. Instead, the Driver can have their License Reinstated upon the completion of or the happening of some event. This most often involves something like the payment of outstanding Court fines and Secretary of State Driver Responsibility Fees (more on those later). To use our school example again, a Driver with an Indefinite Suspension is like a student who has been suspended until they complete a certain, specific task, like write an essay or turn in a bunch of overdue homework assignments. The sooner whatever needs to be done gets done, the sooner they're back "in."

Revoked License means that a Driver once had a License, but it has been taken away, or "Revoked" by the Michigan Secretary of State. Using our school example again, a Revoked Driver is the same thing as a student who has been expelled. That person is no longer a student, and they may not return to school until they re-apply and are approved for readmission. In the case of both the Revoked Driver and the expelled student, there is no automatic reinstatement or readmission after a specific date, or upon the happening or completion of some particular thing. Instead, both the Driver and the Student must start from "square one" by reapplying and proving that whatever got them in trouble in the first place is no longer a problem. In the world of Michigan Driver's Licenses, this is done through the process of License Restoration.

Continue reading "Driving on a Suspended or Revoked License in Michigan - Part 1 - The Different Charges and Meanings" »

NOTE: MY OFFICE CANNOT ANSWER ANY QUESTIONS ABOUT WHAT YOU OWE, WHY YOU OWE IT, WHAT KIND OF PAYMENT ARRANGEMENTS ARE AVAILABLE OR ASSIST IN MAKING THOSE ARRANGEMENTS. YOU MUST CALL THE MICHIGAN DEPARTMENT OF TREASURY AT: 1-800-950-6227.

Many Drivers who are required, for any of many reasons, to pay a Driver Responsibility Fee to the State of Michigan are unaware that there is a new Payment Plan option available, and it has recently become even better.

It goes without saying that in these tough economic times the last thing anyone needs are additional fees tacked onto their Driver's License, but the Courts in Macomb, Oakland and Wayne County are filled with cases involving Suspended License Violations because drivers could not afford the Driver Responsibility Fees assessed against them, and wound up driving with a suspended license, and getting caught.

It becomes a vicious cycle of sorts, but those drivers face not only new Criminal Charges, but additional Driver Responsibility Fees on top of additional license sanctions and suspensions.

In April of 2009, the Michigan Secretary of State changed its policies regarding payment of these Driver Responsibility Fees. Perhaps the most significant and best part of the change is that outstanding fees can be paid over a 24 month (2 year) period. Prior to the April change, payment plans were limited to 12 months (1 year). Some drivers are even unaware that there has long been a Payment Plan which can be set up with the Secretary of State.

Anyone facing a Driving While License Suspended charge would be well advised to speak with an Attorney before appearing in Court. While many drivers simply want to put the mater behind them, eating a conviction for Driving While License Suspended not only requires and additional, like period of license suspension, but 2 points are also added to the driver's record. Worse yet, another Driver Responsibility Fee will be assessed, making a bad situation much worse.

As part of my Criminal Practice, I routinely handle Driving While License Suspended cases, and am usually able to convince the Prosecutor to reduce the charge to something other than DWLS, thereby saving my client from having his or her license suspended any further, sparing them the two points that such an offense carries, and, most of all, saving them from incurring any additional Driver Responsibility Fees. Given the relatively small legal fees involved in handling this kind of case, and given the substantial benefit that results from having it properly handled, the overall savings quite literally means more money in your pocket.