OUTCOME: Blood Test Results AND All Statements SUPPRESSED!
After a single-car crash in the snow, Attorney Ed Sternisha's client was arrested a few miles away before the police even determined if he was the driver of the car. Then, without advising him of his ...Miranda rights, the police questioned Ed's client and used those statements to get a search warrant to get a blood sample. After thoroughly investigating the case, Attorney Sternisha filed a Motion to Suppress the blood test results and all statements made by his client because the police failed to follow the law. After a hearing in the district court, the Motion was GRANTED! The results of the blood-test, and all statements made by Ed's client was thrown out.
Because the police also alleged Ed's client refused the evidential breath test after arrest and was now facing a one-year suspension of his driver's license, Attorney Sternisha also filed an appeal with the Secretary of State. Because the officers failed to appear, Ed's client won in default, so no action was taken against his license.
Remember, drunk driving is deadly. Don't do it. If you drink, call a cab.
If Arrested, "Call Ed Instead!"
(616) 233-CALL-ED
[616-233-2255]
DUI and DWI
People v R.B.
Apr 19, 2022
OUTCOME: Drunk Driving Dismissed!
ANOTHER ONE BITES THE DUST! - Case Dismissed!
Attorney Ed Sternisha's client was pulled over because the police had talked with him a few minutes before at a residence and thought he was "intoxicate...d." The police report said when they dealt with him on the prior incident he had "slurred speech" and "sluggish movements." They told him to get a ride and then saw him get into a car and drive. For those reasons only, they pulled him over. He did not commit any traffic violations.
After thoroughly investigating the case, including reviewing dash-cam and body-cam videos which clearly showed Ed's client did not have either (in fact, he had very clear speech and normal movements), Ed discussed it with the prosecutor. The prosecutor reviewed the videos and agreed with him and dismissed the criminal charges.
An important thing to note is that the prosecutor was impressed that Attorney Sternisha's client was very cooperative and polite to the police and did not attempt to fight it out in the street. Instead, he retained Ed, and he resolved it in the legal system.
Remember, if you drink, call a cab.
If arrested, "Call Ed Instead!"
(616) 233-CALL-ED
(616) 233-2255
DUI and DWI
People v T.D.
May 11, 2021
OUTCOME: Drunk Driving Dismissed!
After successfully getting the blood-test results suppressed a few weeks prior, Attorney Ed Sternisha finally obtained a complete dismissal of the case from the prosecutor's office. Because he thoroug...hly investigated the drunk driving case, Attorney Sternisha discovered, with video evidence, that the police gave improper information to his client while asking him to submit to a blood test. Ultimately the judge agreed and suppressed the results of the test. As such, the prosecutor's case against his client was substantially weakened. Through further negotiations, the prosecutor finally agreed to dismiss the case.
DUI and DWI
People v T.D.
Feb 24, 2021
OUTCOME: Blood Test Results SUPPRESSED!
MOTION GRANTED! BLOOD TEST RESULTS SUPPRESSED! After thoroughly investigating his client's case, Attorney Ed Sternisha filed a Motion to Suppress the Blood Test Results because the police told his cl...ient that if he refused to consent and provide a blood sample, his driver's license would be suspended "Immediately" and would last for "Two Years." Neither of those statements were true but Ed's client relied on them and allowed the police to obtain a blood sample.
The judge agreed with Attorney Sternisha and ordered the blood test results suppressed. That means if the drunk driving case goes to trial, the prosecutor cannot use the results to support their case.
The important thing to remember is, drunk driving is dangerous. No one wants that. But we also want the system to work the way it was intended. In this case, the police officers should not have told Ed's client that he was facing a penalty he wasn't actually facing, just to get him to provide a blood sample. There are proper ways to do it. The good news is that both officers were present at the hearing and Attorney Sternisha is confident that they will not repeat this mistake again.
Remember, if you drink, call a cab.
If arrested, "Call Ed Instead!"
(616) 233-CALL-ED
DUI and DWI
People v L.S.
Oct 28, 2020
OUTCOME: Drunk Driving Dismissed!
DRUNK DRIVING DISMISSED! According to the police report, Ed's client was pulled over for “weaving in and out of the road,” “riding the shoulder,” and “failing to maintain its lane.” The report also cl...aimed when his client stopped, “she threw the car in park while still in motion, causing the car to jerk.” After a thorough investigation, including a full review of the officer’s dashcam and bodycam videos, Attorney Sternisha discovered none of that actually happened. None of it! Ed's client did have a cup of wine that she forgot was in the vehicle so she pled guilty to having an open container of alcohol in a vehicle.
Even though she had consumed some alcohol earlier that day, her BAC showed she was under the legal limit. A person can be convicted of drunk driving if they are below the legal limit of .08 but the prosecutor would have to show the alcohol affected her ability to operate a motor vehicle safely. This video showed Ed's client’s driving was fine. The OWI charge was dismissed.
Remember, drunk driving is dangerous.
If you drink, call a cab.
If arrested, “Call Ed Instead!”
DUI and DWI
People v C.J.
Sep 18, 2020
OUTCOME: FELONY OWI CASE DISMISSED
HUGE VICTORY! Felony Case Dismissed! The circuit court agreed with Attorney Ed Sternisha that the officer had no probable cause to stop his client. The officer pulled-over Ed's client for “stopping or... driving so slow it appeared to stop” for a flashing yellow light. (Guess what? That is not against the law.) The officer later claimed that Ed's client was also pulled over for having an obstructed license plate (covered with snow).
Attorney Sternisha fully investigated every detail of this felony drunk driving case and the dashcam video showed his client stopped at the flashing yellow light…but did not violate the law. The statute for flashing yellow lights says that a driver “may only proceed through the intersection with caution.”
The dashcam video also showed that the officer was heading toward the same intersection, from Ed's client’s left, and the officer was approaching a flashing red light. The officer’s speed was 41 miles an hour, then 35 miles an hour, and the roads were snowy and slippery. Attorney Sternisha's client approached the flashing yellow, seeing a car coming toward the intersection appearing it may not stop, or may slide through the slippery intersection, Ed's client briefly paused until the officer slowed enough and then proceeded through the intersection. That is exactly what the statute says to do.
Later, after talking to other officers, the officer wrote a supplemental report claiming Ed's client was also pulled over for having an obstructed license plate. The officer claimed there was a clear plastic cover over the license plate and snow was sticking to it making the plate unreadable. Again, the dashcam video, and the photos that Ed had introduced as evidence, showed the license plate was not obstructed (and did not have a cover over it)…the officer actually read the entire license plate to dispatch before he even got out of the patrol car. The judge agreed that the license plate was not obstructed because the officer was able to provide the license plate number to dispatch.
Although Ed and his client did not succeed in the district court a few months ago, Ed filed a Motion in the circuit court asking to have the case dismissed based on lack of probable cause to stop his client in the first place. The judge GRANTED the Motion and the case was dismissed.
Remember, drunk driving is dangerous. Do not drink and drive,
If you drink, call a cab.
If arrested, “Call Ed Instead!”
(616) 233-CALL-ED
DUI and DWI
People v. A.O.
Jul 23, 2019
OUTCOME: Drunk Driving DISMISSED
Client was charged with Operating While Intoxicated, Possession of a Firearm While Intoxicated, and Concealed Pistol License Holder Possessing While Intoxicated after being pulled over for speeding 43 ...mph in a 25 mph zone. After nearly 4 years and multiple court hearing, Attorney Ed Sternisha was able to get the case dismissed after proving the speed limit was actually a 55 mph zone and therefore he was not speeding and never should have been stopped to begin with. A unanimous Michigan Court of Appeals agreed. All evidence suppressed and case dismissed!
NOTE: The prosecutor appealed this case to the Michigan Supreme Court and to the United States Supreme Court without success.
DUI and DWI
People v. A.R.
Jun 24, 2019
OUTCOME: Felony DUI Dismissed
The client was arrested for an outstanding warrant after a police officer waiting near the client's home saw him drive up. The officer immediately arrested him for the warrant, then said he smelled an... odor of alcohol on his breath. Another officer arrived and conducted field sobriety tests, which the client performed well. He was then transported to the jail and the officer asked the client to take a breath-test. The officer told him if he refused, he would be charged with the OWI because she would have to get a warrant. Upon discovering this conversation on the officer's bodycam video, Attorney Sternisha filed a Motion to Suppress the breath-test results arguing the officer used coercion and duress to get his client to submit to the breath-test. Attorney Sternisha also argued that because the client wasn't yet under arrest for OWI when asked to submit to the breath-test at the jail (he was only under arrest at that point for the unrelated warrant), the Implied Consent penalties the officer warned the client about if he refused, didn't apply to him. As such, he could not have given an informed consent when he agreed to the breath-test. Ultimately the judge agreed and suppressed the breath-test results and without the evidence that the client was over the limit, the prosecutor eventually dismissed the charges.
This is another clear example of why you should plead not guilty and "Call Ed Instead!"
Criminal defense
People v J.W.
Mar 27, 2019
OUTCOME: Not Guilty Jury Verdict
NOT GUILTY JURY VERDICT!! While Attorney Ed Sternisha's law practice focuses solely on drunk driving cases, a few times a year he takes some court appointed cases and handles them the same as any case.... Ed's client was charged with Creating a Disturbance - Creating or Engaging in a Fight or Quarrel. Although his client did punch or strike a man multiple times last 4th of July, the jury agreed he did it in self defense. Attorney Sternisha's client lit some sparklers and small firecrackers for his kids and an angry and aggressive man became belligerent and went after his client. As the man was cursing at Ed's client in his face, his client tried to de-escalate the situation and move it away from his kids. The man continued and Ed's client was in fear of his safety and that of his children so he struck the guy. Fortunately the other man’s ex-girlfriend testified honestly and backed up their version of events and the jury agreed. Ed's client is now free to move on.
Criminal defense
People v M.M.
Mar 17, 2019
OUTCOME: Criminal Charges DISMISSED
CRIMINAL CASE DISMISSED! Ed's client was charged with Reckless Driving which is a misdemeanor that carries a penalty of up to 93 days in jail. It would also require the Secretary of State to suspend hi...s client’s driving privileges for 90 days – no driving at all for 3 months. While yes, his client did crash into a state police car, he did nothing different than the many other drivers who crashed during the severe winter storm back in January. Just because the car that was struck was a police car does not mean he should have a criminal conviction on his record. Ed's client has an otherwise clean record and a conviction for Reckless Driving can never be removed. After some lengthy negotiations with the prosecutor, Ed's client left the courthouse by only paying a $225.00 fine for Careless Driving – a civil infraction.
