Attorney Edward Jacob Sternisha's Legal Cases

DUI and DWI

People v. A.C.

Aug 03, 2017

OUTCOME: Drunk Driving DISMISSED

FELONY CASE DISMISSED! After a 911 caller reported alleged road rage, a deputy stopped my client. Although the deputy did not see any poor driving, it was alleged that my client had a strong odor of in ... toxicants, slurred speech and failed some field sobriety tests. My client was arrested and charged with a Felony OWI (Drunk Driving) and blood was taken from him and tested. THE BLOOD TEST CAME BACK: .02% BAC. Not even close to drunk driving. The message here is if you drink, call a cab. If arrested, "Call Ed Instead!" (616) 233-CALL-ED [The comments provided here are not legal advice but are simply provided as information for people to consider. Each case is different and individuals should always seek legal counsel regarding their own specific matters. A motorist who refuses all FST's and the PBT may still get arrested and charged with OWI. It will be up to your attorney to determine how to proceed with your defense. Refusing a breath, blood, or urine test AFTER arrest may be considered an Implied Consent refusal and will be handled separately from your criminal case. The information here only applies to Michigan and could change as the laws change. The comments provided do not create an attorney-client relationship. If you need legal assistance, contact this office in person, by phone, or by email. Do not post personal information about your case on this public forum. LEGAL EDvice® and Call Ed Instead!® are registered service marks of the Law Office of Edward J. Sternisha, PLLC. All information is for entertainment purposes only.]

Licensing

C.F. v. Secretary of State

Feb 16, 2017

OUTCOME: Driver's License RESTORED

A HUGE VICTORY TODAY! I had already gotten my client’s criminal charges of OWI dismissed a few months ago but today was the end of the driver’s license case. She was pulled over for going 40 – 50 mph i ... n a 55mph zone and weaving within her lane. After the officer arrested her for drunk driving he asked her to submit to a breath test. When she refused, blood was drawn and she faced a mandatory 1-year suspended driver’s license for the refusal (regardless of how the criminal case went). Even though the blood test came back below the legal limit we still faced a hearing at the Secretary of State regarding the refusal. When I cross-examined the officer at the hearing he testified that my client was not speeding and that although she moved from side to side within her lane, she never crossed over or even touched the painted lines. The hearing officer ruled that the officer was justified in stopping the car and her license was set for a 1-year suspension. We appealed to the Circuit Court and I argued that even on my way to court that day, I drove the same way my client had done – I drove below the speed limit and I stayed in my lane. The judge agreed to grant a restricted license while he reviewed the transcripts from the hearing and he would issue a written opinion. Today that opinion arrived in the mail and it has been ordered that my client be granted a full driver’s license. The judge agreed with me that the officer should not have pulled my client over to begin with and therefore her refusal was reasonable. Although drunk driving is dangerous, it is also dangerous when police pull people over and arrest them without a lawful reason. I had dealt with this officer a few years ago when he worked for a different agency and my investigation revealed he has worked for at least 5 different police agencies within the last 6 years. If you drink, call a cab. If arrested, “Call Ed Instead!” (616) 233-CALL-ED.

Licensing

J.T. v. Secretary of State

Feb 10, 2017

OUTCOME: Restricted License GRANTED

My client refused the breath test after she was arrested and the Secretary of State suspended my client's driver's license for one year. In the Circuit Court I argued on my client's behalf and explain ... ed that without the ability to drive to and from work, my client would lose the job, get foreclosed on a mortgage, and other family members would be negatively affected. The judge AGREED with me and granted our request for a restricted driver's license allowing my client to go to and from work (and a few other things).

Licensing

N.T. v Sec. of State

Jan 27, 2017

OUTCOME: Restricted License GRANTED

Client had his driver's license suspended for a mandatory one-year period for refusing to submit to a breath test after being arrested for drunk driving. I filed an appeal in the Circuit Court and arg ... ued that the suspension was causing an undue hardship because my client had no other way to get to and from work. After hearing the arguments, the judge granted a Hardship Appeal and my client now has a restricted driver's license. He is very happy that he can now get to work.

DUI and DWI

People v. M.C.

Jan 23, 2017

OUTCOME: Misdemeanor instead of Felony

VERY HAPPY CLIENT! My client was sentenced to 90 days in the county jail - and yes, he's very happy. He was involved in a crash with injuries and the police had his blood drawn. The test result were .1 ... 9% BAC. He has 4 prior drunk driving convictions and this would make his 5th. When the police officer wrote it up, he charged him with OWI-1st and No License (it was restricted due to 4 prior OWI's). Although he could have been charged with a felony, or at minimum, OWI-High BAC (Super Drunk), or even OWI-Causing Injury, because the officer wrote it up as a 1st offense (likely because he was waiting for the blood test results to come back before charging him with the more serious crimes) I had the client rush in and plead guilty at his arraignment. As such, he was convicted of the two misdemeanors and now it's too late for the prosecutor to do anything else. The district court judge could only sentence him up to 90 days and could not send him to prison. If he had been charged with a felony, he would have ended up in circuit court and most likely would have gone to prison. Yes, drunk driving is very dangerous and should not occur. I, however, come in after the fact and my job is to represent my client and obtain the best results possible. I am precluded from suggesting to the police or prosecutor that they should charge him with more serious crimes. For my client and his family, I obtained the results he was hoping for. Remember, if you drink, call a cab. If arrested, "Call Ed Instead!" (616) 233-CALL-ED

DUI and DWI

People v. C.F.

Sep 22, 2016

OUTCOME: Drunk Driving DISMISSED

OWI CASE DISMISSED! Client was stopped for "weaving inside the traffic lane" and later charged with drunk driving after allegedly refusing a breath test. After investigating the case and reading the al ... legations, I was not surprised when the blood test results came back below the legal limit - I have dealt with this officer before. I was, however, surprised that the police received the lab results over a month ago and never produced a copy for the defense even though today was the 2nd court appearance since they learned of the results. Without the lab results, I would not, and could not, advise my client to plead guilty to a crime that the police couldn't even prove occurred. Still insistent on seeing the lab results, and having the prosecutor finally retrieve them from the police department, as I expected, it was below the legal limit. Remember, if you drink, call a cab. If Arrested, "Call Ed Instead!" (616) 233-2255

Criminal defense

People v. C.B.

Apr 08, 2016

OUTCOME: Fines/Costs

Client was pulled over for going 90mph. The officer discovered client had a suspended license, which client did not realize was suspended. He was cited for DWLS (Driving While License Suspended) (whic ... h is a misdemeanor charge), Speeding, and No Proof of Insurance. At the first court appearance I was able to negotiate a plea deal where client would plead to Driving in Violation of the Motor Vehicle Code and everything else would be dismissed. Client ended up just paying a fine and leaving. No points, no jail, no record with the Secretary of State, no Driver Responsibility Fees. Case closed!

DUI and DWI

People v. C.S.

Jan 07, 2016

OUTCOME: Drunk Driving DISMISSED

CASE DISMISSED - ANOTHER HUGE VICTORY! After a hard fight, the judge granted my Motion to Suppress Evidence and dismissed all charges against my client. A few years ago in North Carolina a polic ... e officer stopped a vehicle for having only one brake light and subsequently arrested the occupant for a drug crime. As it turned out, the law there only required one light, and not two. Instead of suppressing the evidence, in 2014 the U.S. Supreme Court said because the officer's mistake was reasonable, the traffic stop was lawful. I continue to have prosecutor's use that case in attempts to justify the traffic stops I seek to suppress even when my investigations reveal the stops were not legally justified. Fortunately today the judge agreed with me that while the officer may have made a mistake, it was unreasonable for the officer to stop, and then arrest my client. As such, all evidence obtained was suppressed and the case was dismissed. Remember, if you drink, call a cab. If Arrested, "Call Ed Instead!" (616) 233-CALL-ED.

Criminal defense

People v. R.J.

Jan 05, 2016

OUTCOME: Diversion

Client was referred to me after being charged with Retail Fraud and Minor in Possession (MIP) for allegedly stealing a bottle of liquor from a grocery store. After investigating the case, I negotiated ... a plan where the prosecutor would dismiss the MIP charge and client would plead guilty to the retail fraud charge under a diversionary program which, if he successfully completes a 6-month probation, the charge would then be dismissed without a conviction. This plan allowed client to take back control of his future and keep a clean record.

DUI and DWI

People v. A.H.

Dec 21, 2015

OUTCOME: Reduced Charge

Client was stopped for allegedly driving too slow on the freeway and subsequently arrested for OWI-2nd (drunk driving) and DWLS (driving while license suspended). My investigation revealed that althou ... gh the trooper wrote in his report that my client failed each of the sobriety tests, he actually failed to administer them properly and even violated the rules regarding the administration of a PBT (preliminary breath test). After the judge denied my motion to suppress evidence and dismiss the case claiming there was still sufficient evidence to proceed to trial, I was at least able to obtain a dismissal from the prosecutor of the DWLS and a reduced charge of OWI-1st. I then worked to get the client into Sobriety Court so she will have a better chance obtaining a driver’s license in the future. Remember, if you drink, call a cab. If Arrested, “Call Ed Instead!” (616) 233-CALL-ED.

Edward Jacob Sternisha's Legal Cases (98)

People v. A.C.

C.F. v. Secretary of State

J.T. v. Secretary of State

N.T. v Sec. of State

People v. M.C.

People v. C.F.

People v. C.B.

People v. C.S.

People v. R.J.

People v. A.H.