Michigan Criminal Defense Lawyer Blog
One of the most misleading marketing tactic used by some DUI lawyers is that it’s easy to get a drunk driving charge dismissed. In this article, I want to get to the truth about having a DUI charge thrown out of court. As a teaser, though, let me begin by noting that, in the technical and confusing way most of those DUI legal services are marketed, my office obtains dismissals in the vast majority of the cases we take, so they have nothing on us. In the interests of honesty, however, (something that gets steamrolled over in legal marketing, like fresh asphalt in a new parking lot), that does NOT mean that most DUI cases go away altogether.
As we set off, I’d ask the reader to think for a moment about all the celebrities who make the headlines for something like a DUI or an assault and battery charge. This is a fairly regular part of the news stream. For the most part, the public is more interested in the fact that So-and-So was arrested for something, rather than following the case as it winds along. Unless someone really well-known goes to prison for years on end for some horrible crime, people tend to have lost interest, when, 4 or 5 months later, So-and-So gets a year probation and 100 hours of community service for a DUI, or punching some photographer.
One thing almost all celebrities have in common is money. None of them is going to wind up with a court-appointed lawyer. When a professional athlete or well-known entertainer gets in a jam, he or she will hire a top-shelf lawyer. People like this don’t go looking for the lawyer who markets him or herself based on having the most affordable fees or having a payment plan. The rich and famous hire the best.
For everything we’re going to discuss, the bottom line is that you either hire a lawyer who is charismatic, persuasive and inspires confidence – or not. And why would anyone choose “or not?” In my own life, I much prefer to deal with someone who is genuine and interesting, rather than endure boring, politically correct blandness. In the role of lawyer, it’s far better if a person presents him or herself clearly, and with real “feeling.”
In order to win, a license appeal case must comply with the rules established by the Secretary of State. If it was up to me, there are lots of things I would change about the license appeal system, but it’s not. Instead, it is what it is, and not what you, me or anyone else wants it to be. In order to win, I have to work squarely within the state’s guidelines. Most people get this, but it can be a problem for those who aren’t particularly good at following rules.
Although I don’t think it’s a good idea to wing it in this kind of endeavor on your own, I want to be perfectly clear, up front, that, for the most part, anyone interested in trying a “do-it-yourself” license restoration or clearance case should give it a shot. In other words, I’m not using this article as any kind of scare tactic to frighten someone out of attempting it. On the contrary, I believe that if you want to give this a try, then by all means, go for it. Then, call me later.
In that same way, nobody thinks of a mixed dish of cucumbers, olives, peppers and tomatoes as a “fruit salad,” but in fact, it is, because those are all fruits! Similarly, most people who find themselves in a DUI situation are nowhere near what anyone would consider “criminals.” And while this may all sound comforting and nice, the reality is that while most DUI offenders don’t belong mixed in with criminals in any sense, getting a DUI puts them smack-dab into that very position. Most of my 1st offense DUI clients have never been to jail prior to their arrest for this charge, and absolutely none of them ever want to go back, because they know they don’t belong in that environment.
There really is no way to over-emphasize the importance of location. No matter what the charge, if one of my team, or anybody else, for that matter, starts talking to me about a criminal or DUI case, the very first thing I ask is “where?” I know, for example, that a suspended license charge pending in the 52-3 Rochester Hills District Court is going to play out much differently than if was brought in the 41-A Shelby District Court, and that a DUI in Woodhaven’s 33rd District Court won’t be much like one pending in the 44th District Court in Royal Oak.
The control I exercise over a case is a direct result of starting out by meeting with the client in person, and getting to know him or her, and the details of his or her recovery story. Everyone who is sober has a recovery story. Whatever else, nobody decides to quit drinking because it’s working out so well. Usually, people stop drinking long after they otherwise should have, a fact that usually becomes clear in hindsight. An important part of my job is to help bring that recovery story to life, so that it gets translated and conveyed properly within the evidence we submit.
No matter what the backstory, the bottom line is that there are a lot of people who don’t live here but can’t drive because of a Michigan hold on their driving record. The fix for this problem is called a “clearance,” which is a release of that hold. Clearances often get lumped into the broader “driver’s license restoration” category, because getting a clearance requires submitting the same evidence that one would file in a driver’s license restoration case. In addition, the appeal process is similar, and if done properly, is actually identical. We’ll get to that soon.
On any given day, I may have to make the trip to the Michigan Secretary of State’s Office of Hearings and Appeals, in Livonia, where these matters are heard, from my office, nearly an hour away, or from some court that’s even farther still. Despite the availability of a much more convenient “video hearing” option in many of my cases (one of the video locations is less than 5 minutes from my office), I would NEVER consider it in a license restoration case. In this article, I will explain why you should always appear for a live, in-person hearing.
The key to success in a DUI case lies in the effort. Hard work is all well and fine, but smart work is always superior. If you have to dig a 10-foot by 10-foot hole at least 6 feet deep, you’ll do a lot better using a backhoe and laser measuring tool rather than a garden shovel and a yardstick. Because my practice is concentrated in DUI cases and driver’s license restoration appeals from drinking and driving convictions, my team and I work on these issues all day, every day. You can’t get that depth of experience from a law practice that also includes a much broader spectrum of criminal charges and/or other kinds of cases.