C.D. was arrested after crashing into 3 parked vehicles. Although the officer did not smell any intoxicants coming from C.D., he administered field sobriety tests, then a Preliminary Breath Test (PBT) ...and arrested him. Upon gathering all the evidence he could get his hands on, Attorney Sternisha discovered the field sobriety tests were not administered properly and a police sergeant who had arrived on-scene threatened to arrest C.D. if he refused the PBT (which is not an arrestable offense). After drafting a very lengthy Motion to Suppress outlining all of the police violations, the prosecutor called and offered to dismiss the drunk driving charge if C.D. paid a careless driving ticket. C.D. accepted and the criminal charges were dismissed.
DUI and DWI
People v. C.D.
Oct 23, 2018
OUTCOME: Drunk Driving CASE DISMISSED
DRUNK DRIVING CASE DISMISSED! After being pulled over for a broken tail-light, being subjected to roadside "sobriety tests," being taken to jail, waiting months for the blood-test results to come back,... and multiple trips to court, my client is very happy tonight. The criminal charges against him were dismissed. All he had left was a small fine for a civil infraction traffic ticket. It was nice working with the prosecutor who saw this case for what it was. Not a drunk driving case! (That's 7 DUI Cases Dismissed In 6 Months.) If you drink, call a cab. If arrested, "Call Ed Instead!"
(616) 233-CALL-ED.
DUI and DWI
People v J.W.
Sep 19, 2018
OUTCOME: Drunk Driving DISMISSED
Client was pulled over for having a headlight out and for failing to use a turn signal. During the stop, the officer had client perform field sobriety tests and then a PBT which resulted in a .08 BAC. ... The officer arrested the driver and submit to the official breath test at the jail. That test resulted in a .07 BAC and a .06 BAC. Even though the client was clearly under the legal limit, the prosecutor still pursued the case. At the first meeting with the prosecutor, he offered to reduce the charge to OWVI (Impaired) but that is still a criminal charge in the drunk driving category. As the case moved forward, I filed a Motion demanding additional material for the case. Just before that hearing was about to take place, the prosecutor agreed to dismiss the criminal charges if my client paid a civil infraction ticket for careless driving. My client agreed and the case was closed. This is a good example of why you should not just accept what the prosecutor offers.
If you drink, call a cab.
If arrested, "Call Ed Instead!"
DUI and DWI
People v. M.M.
Aug 02, 2018
OUTCOME: Drunk Driving DISMISSED
ANOTHER DRUNK DRIVING CHARGE DISMISSED! This was definitely a strange one. As you may know, I am not only an attorney, I am also a licensed private investigator. I dig into each case to find anything t...hat may help. So here’s some of what I found…
The police report claimed my client was pulled over for crossing the centerline twice but when I reviewed the dashcam video, I didn’t see it. What was more concerning however, was the Search Warrant Affidavit. In order to get a warrant to draw blood from someone, the police officer must swear under oath that everything in the affidavit is true. Among other things, this particular affidavit said that the officer asked the driver if he was taking any blood thinner medication and my client said he was not and that he had no medical condition which may cause harm if a blood sample is taken. The truth is, my client not only told the officer of the blood-thinners he was taking, he showed him the recent surgery he had on his chest and said, “I am at a severe risk for bleeding.” The officer called an EMT to get his opinion. During the phone conversation which was caught on the dashcam video, the officer told the EMT about the recent surgery. He could be heard telling him that my client was on “heart medications” and that, “He said he’s at a high risk for bleeding.”
My client was then driven to jail (which ironically, on the way, the officer rolled past a stop sign and crossed the centerline a few times). At the jail, the officer can be heard telling the staff that my client recently had surgery and had him show them his chest. The officer then swore under oath that my client was not taking any blood-thinners and had no risk for harm should blood be drawn. This simply was not true. There were other issues I had with the search warrant affidavit but while the others related to whether or not there was actual probable cause, the false statement about my client’s medical condition risked more than just his freedom - it risked his life.
As I dug deeper into the officer’s background, I discovered that although he has only been in law enforcement for a few years, he has been at several different police agencies. The agency prior to this one had suspended him for getting pulled over by a State Trooper for going 94mph off-duty and displaying a badge for a department he didn’t work for. He also voided a ticket for a friend after taking it out of the court area without authority. More than that, before he was a cop, this officer had been arrested multiple times – mostly for traffic. One of his traffic offenses required the court to issue at least 3 bench warrants for his arrest because each time he bonded out of jail, he failed to appear for the next required court date. This showed me he had no respect for the judicial system. I REALLY was looking forward to cross-examine him on the stand. Fortunately I had a very good prosecutor to work with on this case. He was very receptive to my concerns and after reviewing the case materials himself, he agreed this case had problems. In the end, my client paid a small fine for a civil infraction ticket and the criminal charges were dismissed. This is why it is important to have your case properly investigated. Don’t just go it alone. If you drink, call a cab. If arrested, “Call Ed Instead!”
(616) 233-CALL-ED
DUI and DWI
People v. A.LB
Jul 18, 2018
OUTCOME: Drunk Driving DISMISSED
VERY HAPPY CLIENT: Drunk Driving Charges Dismissed. My client was assaulted by a female friend of his girlfriend. He was repeatedly punched in the face which resulted in a black eye and a busted lip. H...e did not fight back. He refused to hit a woman. Instead, he called police for help.
When the officer arrived, she immediately accused him of being drunk. He was polite and cooperative the entire time. Although no one saw him drive, there was no report of poor driving, and there was no evidence of when he actually arrived, he was locked in the back of the police car and questioned without being advised of his Miranda rights. While talking to other officers trying to figure out all the different things she could arrest him for, the officer said, “I just wanna charge him up because he is such a loser!” (The dashcam recorded the conversation.)
My client was arrested, taken to jail, and had blood drawn a couple hours later. Although the blood-test results showed he was over the limit, it did not tell us what his BAC was at the time of driving – only at the time the blood was drawn.
Today, after a good debate with the prosecutor, I was able to negotiate a civil infraction and a plea to creating a disturbance in exchange for the drunk driving charge being dismissed. Although my client shared some of the blame for the disturbance, I believed there was not enough to support a drunk driving charge. My client paid some fines and the case was closed. No jail, no probation, and he can now get his driver’s license back. This is a good example of why you should always have your case thoroughly investigated by an attorney.
Drunk driving is dangerous. If you drink, call a cab. If arrested, “Call Ed Instead!”
(616) 233-CALL-ED
DUI and DWI
People v. L.G.
May 09, 2018
OUTCOME: DISMISSED
HAPPY CLIENT! My client was pulled over for having a headlight out. He submitted to the field sobriety tests when the deputy asked but declined to do a roadside breath test (PBT). He was arrested and t...aken to jail. His passenger submitted to a PBT and was cited for being a Minor in Possession for having consumed some alcohol and he was released. Upon arrival at the jail, my client had blood drawn and was eventually released after posting bond, with drunk driving charges pending. As it turned out, the blood-test results revealed he had no drugs and no alcohol in his system. He was actually the designated driver for his friend who had been drinking. Although he now only faced a civil infraction ticket for refusing the PBT, the deputy and the assistant prosecutor listened to me and agreed to dismiss the ticket. By being arrested, fingerprinted, photographed, paying to have his vehicle released from the impound lot, and of course, retaining Ed Instead, he had already paid more than he would if we had proceeded into the courtroom and the judge found him responsible for the ticket.
Regardless of whether or not you submit to any of the tests asked by the police, regardless of the breath or blood test results, never go it alone.
If you drink, call a cab.
If arrested, "Call Ed Instead!"
(616) 233-CALL-ED
DUI and DWI
People v. H.B.
Apr 09, 2018
OUTCOME: Drunk Driving DISMISSED
ANOTHER DUI DISMISSED! Did you know that someone having a diabetic reaction to improper “sugar levels” can appear to be intoxicated? When my client was pulled over for poor driving, she informed the p...olice officer that she was diabetic. The officer never had the simple blood test done to see if her diabetes was the reason or even a contributing factor of her behavior. He arrested her for drunk driving and it was left to me to do the investigating. My client wears an insulin pump to supply her with regular doses of insulin throughout the day. As it turns out, that particular pump was recently recalled by the manufacturer because it could give improper doses of insulin, thus causing hypoglycemia. A person experiencing hypoglycemia may act confused, unsteady, have blurred vision, slurred speech, and more. These are the same signs an intoxicated driver may exhibit. Our trial set for this Friday was ultimately cancelled because the prosecutor dismissed the criminal charges and my client will pay a civil fine for careless driving.
Keep in mind that diabetes is not a “Get out of Jail Free Card.” Simply because someone has diabetes does not mean they can drive drunk and get away with it. Because, in this case, I was already able to win a suppression motion throwing out the breath test results on other grounds, the prosecutor was not left with a very strong case. When you add to it that my client was wearing a defective insulin pump which could provide “Reasonable Doubt” to the jury, the prosecutor made the right choice and my client will avoid a criminal conviction.
This is another example of why you should “Call Ed Instead!” Each case is different and one small fact can change the entire case.
Remember, drunk driving is dangerous.
If you drink, call a cab.
If Arrested, “Call Ed Instead!”
(616) 233-CALL-ED
DUI and DWI
People v. M.S.
Mar 28, 2018
OUTCOME: Drunk Driving DISMISSED
DRUNK DRIVING CASE DISMISSED! Very happy client. It all started with a report of a hit-and-run driver who struck a pedestrian and fled the scene in a black Cadillac. My client was sitting in her black ...Cadillac scrolling through her phone about 2 miles away in a gas station parking lot. Although the engine was not running, the keys were in her coat pocket, and there was no damage on her vehicle, the police swarmed her vehicle, removed her, handcuffed her, and locked her in the back of their patrol car. When she asked why they were doing this to her, they said, “Because you hit someone.”
Although a man at the gas station told the police that the woman could not have hit anyone because he had been with her, they never mentioned this in their police report – I discovered this when I reviewed the bodycam video.
Eventually they determined there was no hit-and-run and no victim was ever located. Instead of releasing her, they searched her vehicle (without a warrant) and questioned her (without Miranda). They un-handcuffed her long enough to have her submit to field sobriety tests and then took her to jail for drunk driving – remember, she was only operating her phone, not her car.
Fortunately for her, she retained me and I thoroughly investigated her case. I drafted a very lengthy Motion to Suppress detailing the multitude of Constitutional violations. As I prepared for the hearing where I would have the opportunity to question the officers under oath, the prosecutor called and agreed to dismiss the criminal charges. My client went through a lot but is happy it is finally over.
Remember, drunk driving is very dangerous.
If you drink, call a cab.
If Arrested, “Call Ed Instead!”
(616) 233-CALL-ED
DUI and DWI
A.C. v. Secretary of State
Sep 15, 2017
OUTCOME: Driver's License RESTORED
HUGE WIN!! Very happy client!
My client was arrested for OWI (Drunk Driving) and refused to submit to the breath test at the jail. The police got a warrant for blood and asked the Secretary of State... to suspend his license for one year due to the refusal.
The one-year suspension would have been automatic but I filed a request for a hearing which was held two weeks ago. In today's mail I received the Order granting our appeal which says, "THEREFORE, it is ORDERED that Petitioner's appeal is GRANTED and the license or operating privileges shall not be suspended based on the alleged refusal to submit to a chemical test." (The CAPS were in the letter .)
Here's what happened:
My client was pulled over because of a report of road rage and was subsequently arrested for OWI. Even though the officer did not see any bad driving and my client explained that he was the victim of the road rage not the perpetrator, the officer arrested my client anyway. My client refused the breath test after arrest and later the criminal case was dismissed because the blood test results clearly showed he was not intoxicated.
In Michigan your license will still be suspended for at least a year if you refuse the chemical test after arrest even if you win your criminal case.
After I thoroughly investigated the case, I argued at the hearing that the officer lacked probable cause to arrest my client in the first place. The officer had testified that my client had slurred speech but the dashcam video I presented showed he did not.
The officer also testified that my client failed the Horizontal Gaze Nystagmus (HGN) field sobriety test but I was able to prove that the test was administered improperly.
I also pointed out that my client properly recited the alphabet and counted as requested as well.
Although normally the Hearing Officer will not even consider the results of the blood test because they are not relevant to the issues of whether the driver refused or not, I was able to introduce the test results to prove that the officer could not have smelled a strong odor of intoxicants as he testified because he only had a BAC of .02 and with the uncertainty measurement (margin of error) factored in, his results could have been .01 (essentially noting).
The Hearing Officer ultimately agreed and granted my client full driving privileges. This is a huge win because these hearings are hard to win. The officer has a low threshold and as such, it doesn't take much for him to win.
In the officer's credit, after the hearing he approached my client and told him that he has a very good attorney and hold no hard feelings. He added that he learned a lot from me and will use it to be a better officer. I was very impressed with this officer's comments and told him how much I respect him for taking it that way.
Remember, every case is different. This is not posted to suggest you refuse the breath test after an arrest. Read my other posts about refusing tests BEFORE arrest.
As always, if you drink, call a cab.
If arrested, "Call Ed Instead!"
(616) 233-CALL-ED
DUI and DWI
People v. J.W.
Sep 11, 2017
OUTCOME: Misdemeanor instead of Felony
A PROSECUTOR GAVE ME A GREAT COMPLIMENT IN COURT TODAY, BUT...
It was really my client who did all the work. My client was originally charged with a Felony and a Misdemeanor last year. I worked out ...an agreement where if my client successfully completed probation, he would end up with two lesser misdemeanors and both original charges would be dismissed. Earlier this year we were called back to court on a possible probation violation but I explained the misunderstanding to the judge and promised that my client would do everything asked of him.
Today the prosecutor complimented me and told the judge that I was the one who got the defendant to focus and finally work hard toward completing all the requirements. While I appreciate the kind words, truly, it was my client who worked his butt off and focused on his future. Because of this, the judge even agreed to end his probation two months early.
I may have steered a little bit but my client did all the driving.
This all began with a little too much to drink. My client was charged with OWI and CCW (Carrying a Concealed Weapon). The charges were reduced to Impaired, and Possession of a Firearm While Intoxicated. A much better ending.
Remember, if you drink, call a cab.
If arrested, "Call Ed Instead!"
