In part 1 of this article, we began an examination of indecent exposure and aggravated indecent exposure cases in Michigan, noting that there has been an increase in aggravated (felony), over simple (misdemeanor) indecent exposure charges. After comparing the 2 IE offenses, we saw how both jail and sex offender registration was highly unlikely, and that most of the time, a guy will pick up one of these charges because he’s blowing off some steam, rather than because of some underlying “problem.” Here, in part 2, we’ll begin by looking at situations where there actually is some kind of issue to be addressed.

ert-300x240Although most IE cases DO NOT arise because of some kind of mental health issue, there are times when it can be a symptom of either an existing or potential problem, and it falls to the courts to figure out if that is or isn’t the case, and, if so, to take the appropriate remedial action. In that regard, the 2 of the biggest risks for problems are that the person is inclined toward exhibitionism, or worse yet, does suffer from some kind of sexual deviancy problem, and needs help.

If a guy has exhibitionist tendencies, then he (or she, but it’s almost always a “he”) needs to get that under control so as not to reoffend. As much as the exhibitionist may enjoy flashing, most of those who are flashed consider themselves victimized, and don’t enjoy the experience. It’s one thing for a guy to join a nudist colony, where nobody is offended by letting it all hang out, but it’s another to corner some young mom with kids in a quiet aisle at Target and freak her out by shaking his penis at her (and yes, we had a case just like that).

My team and I handle a lot of indecent and aggravated indecent exposure cases. For the last decade, more of these cases have been brought as the felony offense of aggravated indecent exposure, while the number the misdemeanor (simple) indecent exposure charges has simultaneously decreased. Also, and in the spirit of accuracy, it’s almost always men facing indecent exposure or aggravated indecent exposure charges (from here on, I will often refer to either or both as “IE”.) In this 2-part article, we’ll take a look at both offenses, and see how these cases work out in the real world.

Desp-300x240The very fact that we see less simple indecent exposure charges and more of the aggravated variety makes a good starting point. Just as about everything goes up in price over time, it seems that criminal laws always get tougher. Criminal offenses are easy targets for politicians, because there is never any partisan divide over wanting to protect the public by cracking down on drunk drivers, flashers, or the like. Being tough on crime looks good on anyone’s resume, and nobody wants to be seen as “soft.”

The key difference between the 2 IE offenses is that simple indecent exposure is a misdemeanor offense that carries a maximum penalty of up to 1 year in jail, whereas aggravated indecent exposure is felony carrying a maximum term of 2 years in prison. Before anyone starts freaking out, however, let me be clear: my team and I have handled countless IE cases, and we have NEVER had a client go to jail or prison as a result of being convicted of either one of them. This sounds a lot worse than it is.

In parts 1 and 2 of this article, we looked at testing in a Detroit-area DUI case. In part 3, we began an examination of the role of education, counseling or treatment in drunk driving cases. The term “education” was used to mean something simple, like a class, or a few classes, while “counseling” was defined as a step up from that, with “treatment” being the most involved of all measures, often involving multiple facets, and often including counseling among them. We’ll pick up where we left off, noting that, even though it is required to do so, the court system is ill-equipped to diagnose and treat alcohol problems.

abbabababa-300x230Two of the most important aspects of my job, and that of my team, is, on the one hand, to protect our clients from getting hammered with unnecessary counseling or treatment, while, on the other hand, making sure that any rehabilitative measures that are ordered match the needs of that particular client, at least to the extent possible within the system. Remember, we operate on the principle that success in a DUI case is best measured by what does NOT happen to you.

The idea of sending someone for the kind of help that is a good fit for him or her, as opposed to cramming them into something that just isn’t “right,” is a very important aspect of helping people, and is often overlooked, especially by the legal system. As many people as it has helped, AA is not the only program out there. One might think so, however, because many meetings are filled with people there to get their attendance sheets signed after having been forced to go by some Judge or other. That’s no good.

In parts 1 and 2 of this article, we looked at the role of testing in a Tri-County area DUI case. Here, in part 3, we’re going to start exploring alcohol education, counseling, and testing, because at least one of these things is almost certain in every 1st offense DUI case, while either counseling or treatment is required in every 2nd and 3rd offense case. We’ll use the same standard – that success in a DUI case is best measured by what does NOT happen to you.

AdobeStock_157909746-1024x683-300x261It was Benjamin Franklin gave us the sage advice that “an ounce of prevention is worth a pound of cure.” Sometimes, however, it seems the courts take that a bit too far. Like alcohol testing, the idea that it’s better to be safe rather than sorry is a given in DUI cases, meaning that, as a preventative measure, a person will have to complete some kind of education, counseling or treatment for almost every 1st offense DUI case, while counseling and/or treatment is a legal requirement for anyone convicted of a 2nd or 3rd offense.

The educational/rehabilitative part of the DUI process is so important and universal that it was one of the motivating factors for me to formalize my education in this area, and complete a post-graduate program of addiction studies. I firmly believe that this is one of the most “influenceable” features of DUI cases, and is, without a doubt, where lawyer with my special background can help a client the most, making sure he or she doesn’t get hammered with unnecessary (or the wrong kind of) counseling or treatment. Remember, in the context of a DUI, less is always more.

In part 1 of this article, we began an examination of the 2 things everyone going through a DUI will be required to do: breath and/or urine testing for drugs and alcohol, and some kind of classes, counseling or treatment. After a brief history lesson, we ended with what I consider the gold standard for DUI lawyers – that success in a DUI case is best measured by what does NOT happen to you. No matter how else you put it, the job of a DUI lawyer is to protect the client from as many consequences as possible, and that includes testing, which we’ll examine in this segment.

drug-test-for-prescription-drugs-155276569-5b1c0a320e23d90036424b73-300x258To really understand how and why alcohol testing is used as it is today, we have to step back in time, a little more than 20 years ago. Back then, a person facing a DUI here, in the Greater-Detroit area was usually not specifically ordered to abstain from alcohol (or drugs) while the case was pending, as a condition of bond. Up until the mid-1990’s, nobody had even heard of, much less used, any kind of “testing,” to make sure that a person didn’t drink while waiting for his or her case to be resolved.

If, by some chance, a person was ordered to not drink while the case made its way through court (and for a long time, this was far more the exception, rather than the rule), there was really no way to verify if they were or weren’t, and about the only way a person could get caught violating it is if he or she had some kind of police contact (like an arrest for another case) and it was documented that he or she had been drinking.

This article is to help anyone facing a DUI to understand what he or she will experience going through the court system. To do this, it is most helpful to look back a bit, at how things used to be, in order to fully grasp the process today. Although there is a lot to a DUI in general, there are 2 key, “in your face” things that everyone will have to deal with: First, a “no drinking” order from the court, enforced by alcohol testing (and usually put in place right out of the gate), and second, some kind of alcohol education, counseling, or treatment, generally required as part of probation. I’ve broken this discussion into 4 installments to keep each one short and interesting.

eef8f2dddd46a91a1d1ef7f3de5dd21270794c59-300x300A DUI is scary, but the truth is that things are probably not nearly as bad as the reader may fear. The Tri-County area of Wayne, Oakland and Macomb Counties is a major metropolitan area, with a population of over 3.8 million people, and is home to 47 district courts, with over 110 Judges between them. Although each community that makes up the region has its own “vibe,” they’re all part of the larger metropolis, and things like jail overcrowding and a “big city” mindset means the courts here are more lenient than many distant, rural courts, that have plenty of jail space and fewer offenders.

I’ll repeat this throughout, but the standard we’ll use is that success in a DUI case is best measured by what does NOT happen to you. When it comes to DUI cases, what is considered “tough” today was unimaginable 20-odd years ago. Moreover, what we’d consider “lenient” today, with a few exceptions, would never have been thought of as especially “lenient” back then. In other words, today’s “normal” is very different from and much more demanding than it used to be. This is really part of a national trend toward getting “tougher” on drunk drivers. While some courts tend to pile it on ore than others, our job is to try and hold the line on that and help prevent our clients from going through anything that can be avoided.

Winning a Michigan driver’s license restoration or clearance case requires proving 2 main things by what is defined as “clear and convincing evidence.” First, you must show that your alcohol (and/or substance abuse) problem is “under control,” meaning you have been alcohol and/or drug-free for a sufficient period of time, and second, that it (after 2 alcohol and/or drug-related driving convictions, you are presumed to have some kind of substance abuse problem) is “likely to remain under control,” meaning that you are a safe bet to never drink or use drugs again.

66b1d-scales-3-300x278In this article, I want to do a brief overview of what “clear and convincing” means in the real world, because it’s not only the very key to success, but is also dreadfully overlooked by just about everyone except the hearing officers who decide this cases, and anyone who finds him or herself reading an order denying their appeal. “Clear and convincing evidence” is the legal standard of proof required to win a license appeal, and it is specifically required by the rules that govern all such cases. You either meet this standard, or you lose.

As a starting point, we can begin by saying that “clear and convincing” is close to – but not quite as strong as – proof “beyond a reasonable doubt,” the legal burden of proof for finding someone guilty of a crime. A colleague of mine once used a baseball analogy and said that if “beyond a reasonable doubt” is like a home run, then “clear and convincing” equals a triple. If you understand baseball, then that’s a good comparison. If not, then the following analyses will help.

This article will focus on some of the more important considerations following a 1st offense DUI arrest. In this article, we’ll talk about finding a lawyer, the arraignment, staying out of jail, and what happens to your license. One of the most important things to keep in mind is to NOT rush into anything, especially retaining an attorney. Unfortunately, the legal industry tends to send the opposite message, with many lawyers marketing their services (“Call Now!” and “Phones Answered 24 Hours”) as if you should pick a lawyer right away. That’s dead wrong; even hotel room service isn’t open 24 hours.

Now-What-286x300If you have never been in trouble before and are an otherwise a law-abiding, good person, it is normal to experience a lot of stress as a result of getting popped for drunk driving. The good news is that most of the things you likely fear are almost certainly not going to happen to you. I don’t say that to suggest that I have some kind of special, magic formula that is only available to those who hire me, but rather because I want the reader to understand that no matter who you do or don’t hire as your lawyer, certain things (like going to jail) are almost never on menu in a 1st offense DUI case.

You will certainly do better in a DUI case with a good lawyer, but you don’t need any kind of savior, and you should be very skeptical of anyone who makes themselves out as anything like that. This is why you need to take your time and read around. It’s natural for anyone facing a DUI to want answers right away. That’s one of the reasons I have written and published well over 400 DUI articles to date.

As Michigan driver’s license restoration lawyers, we handle hundreds of license appeal cases every year. Many of those are for people who now live out of state, but have a Michigan hold on their driving record that prevents them from obtaining (or, in some cases, renewing) a license in their new state. This release is called a “clearance,” and getting it requires submitting the same documentation and proof as a regular driver’s restoration appeal.

2112-300x285The most important part of a license appeal, whether you’re seeking a clearance or the restoration of your Michigan driving privileges, is proving that you have quit drinking for good. Beyond proving your sobriety one key difference is that a restoration appeal requires a person to show up for an actual appeal hearing, while a clearance can be requested by just filing the documents alone and waiving the hearing. This is called an “administrative review,” and is essentially an appeal by mail. It may sound like a good idea, but in practice, it’s not.

In terms of the “chances,” with an administrative appeal, it’s worth noting that from year to year, 3 out of every 4 of them are denied. In this article, I want to explain why I never do this shortcut method, and why I firmly believe that a person should come back for a live, in-person hearing. Before we get into the nitty-gritty of that, let me answer anyone who is (understandably) thinking, “Of course you want people to come back so they can hire you; this is how you make your money.”

As Michigan DUI lawyers, one of the things we frequently have to deal with are people who (understandably) “compare” their DUI to someone else’s. Often, we’ll hear things like “My friend got a DUI and he…” or “This person at work got a DUI and she…” This is usually followed by an explanation of what a great break or deal the other person got, or how bad things turned out for him or her. Of course, part and parcel of this is that people usually get a lot of things wrong as they explain another person’s drunk driving case.

Colored-pencils-pencils-22186659-1600-1200-300x255Although it essentially goes without saying, I’ll say it anyway: no 2 DUI cases are alike. It is, however, human nature to look for help and understanding in the similar experiences of others. We all do this, no matter what the problem. Personally, I’ve hopped online a million times and googled some problem I was having, looking for answers for everything from replacing a kitchen faucet hose to dealing with shoulder pain while bench pressing. Replacing the kitchen faucet hose is pretty much the same in all cases, assuming you have the right model. Having shoulder pain, however, just like getting a DUI, is different for every person.

To be sure, it is possible to learn some things about your situation by listening to the experience of others, but differences between any 2 cases can be anywhere from relatively minor to absolutely huge. This makes sense when you think about it, because even if 2 people are arrested at the same intersection, by the same police officer, and their cases will be heard by the same Judge, there are about a million things that can make them different enough to render either useless as the basis for measuring the likely outcome of the other.