ANOTHER VERY HAPPY CLIENT! My client retained me after being arrested for OWI (drunk driving). After that, he was arrested again in another county for the same thing. At sentencing today, the presenten...ce report was recommending 10 days in jail and 12 months probation. He walked out of court with no jail and no probation - though he does have to pay fines, court costs, and wear an alcohol monitoring device for 60 days. Sometimes the circumstances of the case and the individual being sentenced dictate that a different sentence is appropriate.
Remember, drunk driving is dangerous. If you drink, call a cab. If arrested, Call Ed Instead! (616) 233-2255.
Criminal defense
People v M.B.
Oct 13, 2014
OUTCOME: Deferred Sentence
Client was charged with Domestic Violence for allegedly biting his girlfriend during an argument. From all accounts, this was extremely out of character for him as he has never been in trouble with th...e law and had honorably served in the armed forces.
A criminal conviction would likely cost him his career and his girlfriend and the prosecutor both agreed that a deferred sentence would be the best option for this case.
The client was allowed to plead under a delayed sentencing program and he and his girlfriend are working on their relationship and will likely get married.
It is important to seek the help of a qualified attorney if you are charged with a crime to make sure you receive the best possible outcome.
Criminal defense
People v. G.B.
Oct 10, 2014
OUTCOME: Reduced
Client was charged with OWI (drunk driving) and believed that the officer improperly believed he ran a red light. If he did not actually run a red light, the traffic stop may have been improper. Afte...r conducting a thorough investigation, including reviewing the police dashcam video, it was clear that the client did in fact run a red light. Even so, I negotiated a lower plea option for the client and he ended up receiving no jail, no probation, and no suspended license. His license was only restricted for a short time and he paid just over $700 in fines and costs - much less than if he was convicted as originally charged.
Criminal defense
D.B. v. T.P.
Sep 26, 2014
OUTCOME: Dismissed
Client was served with a PPO (restraining order) against his ex-girlfriend's new boyfriend (and another against her). Although we had a hearing on the matter and the court upheld the PPO against his e...x-girlfriend, I was able to negotiate with the other party's attorney and obtain a stipulated dismissal of this PPO. Sometimes level-headed negotiations is what it takes.
Criminal defense
People v. R.L.
Sep 10, 2014
OUTCOME: Reduced
Client was charged with Operating While Intoxicated (OWI) and pled guilty at his arraignment but immediately regretted it and contacted my office as soon as he got home that day. At the very next cour...t appearance, I was able to obtain a withdrawal of his guilty plea, negotiate with the prosecutor, and obtain a lower charge for him saving him a great deal of money and preventing his driver's license from being suspended. Even if you think you are guilty, it is always best to have an attorney review your case. You may not be guilty at all or you might only be guilty of a lesser offense.
Criminal defense
People v. M. V.
Aug 14, 2014
OUTCOME:
Client was charged with OWI-3rd (although it was his 4th drunk driving arrest) and with being a habitual offender due to 2 prior felonies. When it was all said and done, he was convicted only of OWI-3...rd and received about 48 days in the county jail instead of being sent to prison. It is always important to have a good attorney advocate on your behalf so you obtain the best possible results.
Appeals
J.S. v. State
Aug 08, 2014
OUTCOME: Restricted License instead of Suspended License
SMALL VICTORY for a client! While the police were on the way to the scene of my client's minor traffic accident, he called an attorney (not me) for advice. When the officer arrived, he ordered my clien...t to hang up the phone once he was informed that my client was attempting to obtain legal advice. The officer requested my client perform sobriety tests and because he was repeatedly ordered to hang up the phone and not allowed to speak to the attorney, he refused to do the tests. The officer then arrested him and when my client refused to submit to a breath test, his driver's license was suspended for a year.
Although we challenged the Implied Consent breath test suspension, the Secretary of State hearing officer ruled that:
1. A police officer can arrest a driver based solely on the odor of intoxicants on the driver's breath (which is not even close to true but was not the real issue. It just showed how this hearing officer really was confused as to the law).
2. That there is no Michigan recognized right to an attorney before a breath test.
While the hearing officer was wrong stating that police can arrest you simply from smelling intoxicants on your breath, his contention that you do not have a right to an attorney before submitting to a breath test (Breathalyzer/Datamaster) is true, however, the facts of this case were different.
In a Michigan case (Hall v. Secretary of State) the high court ruled that because an hour had already passed since the traffic stop, when the driver requested to call an attorney for advice on whether or not to take the breath test, an additional 5 minutes to make the call would not have affected the results of the test so the police should have allowed the call. In our case, my client was already on the phone trying to get the same advice when the police arrived and made him hang up, so clearly there would have been no loss of evidential value by allowing my client to get the advice.
In short, after yesterday’s appeal in Circuit Court, my client will be driving as soon as I complete the paperwork and get it to the Secretary of State. What to take away from this:
1. You are NOT required to perform roadside sobriety tests and there is no penalty for refusing them.
2. You have no right to have an attorney present prior to arrest but once arrested DEMAND the opportunity to call an attorney IMMEDIATELY.
3. If you unreasonably refuse the Datamaster/Breathalyzer, your license will be suspended for at least a year (for 1st Offense).
4. If you drink, call a cab…
5. …If arrested, CALL ED INSTEAD! (616) 233-2255.
[As always, this is not legal advice and no attorney-client relationship is created from this post. Do not post specific information relating to your case on this public forum.]
Criminal defense
People v. A.W.
Jul 23, 2014
OUTCOME: Reduced/Dismissed
ANOTHER HAPPY CLIENT! I am often asked the question, "Do I need a lawyer?" While everyone has the right to represent him- or herself in court, it generally is not a good idea. My client this morning wo...uld likely agree.
She was charged with drunk driving (OWI) and Hit & Run (Fail to Stop & ID). After a thorough investigation of the case, I was able to convince the prosecutor that there never was a hit & run. Carefully listening to the original 911 call, it was clear that my client not only identified herself by name and address to the owner of the other car, but she was still present when the police showed up to take the report.
Somehow, I think the original dispatcher was confused and relayed information to the patrol officers that led the arresting officer to think my client fled the scene.
Although my client may have been in her house when the police arrived, it is only because the accident happened two doors down from her home and while on the phone with 911, the caller told her to go inside and get her parents.
She gave her name and address and went inside to get her parents and told the police what happened when they arrived. That simply does not fit the definition of hit & run. Without a proper investigation, she would have had a misdemeanor conviction with 6-points on her license. As for the drunk driving, she was able to plead to a reduced charge of impaired driving and will be sentenced soon.
As always, if you drink, call a cab. If arrested, Call Ed Instead! (616) 233-CALL-ED.
Criminal defense
People v. Y.T.
Jul 21, 2014
OUTCOME: Released from Custody
HUGE VICTORY to an injustice. Six days ago a former client was arrested by her probation officer for violating probation by allegedly failing to submit to 6 mandatory breath tests. As part of her pro...bation, she is required to submit a breath sample 4 times each day to a portable breath-test device that automatically uploads the test results to the device company (which in turn, notifies the probation department).
Although all of her tests were negative so far, one particular test reported a result of 0.02% - which is so low that it could have been caused by any number of things. As a result, the device is set to notify my client via text message to submit to a re-test for verification. The system will continue sending her text messages every 30 minutes until she submits to a re-test.
Because the device did not indicate that the sample she submitted was positive, she had no idea and therefore she simply took her next schedule test later on that same day as required. The following morning she was arrested without warning and held without bail until her hearing which was scheduled for two weeks later.
As I began investigating, I was told by the probation department that they had properly entered her phone number in the device when they set her account up. They indicated that the probation violation wasn’t for the test that showed 0.02% but for the 6 missed tests. I demanded a copy of the report that indicated the violation and when I received it this morning, I could not get to the court fast enough with an Emergency Motion and Order seeking my client’s release.
As it turns out, the report that the probation department so heavily relied upon clearly showed that although the system did attempt to notify my client 6 times to take a re-test, the text messages never went through because no one ever input my client’s phone number into the system when they first set the device up.
For six days, my client sat in jail until I was finally able to obtain her release. It was a good feeling to call my client’s fiancé as I left the court with the signed order and tell him to go pickup his bride-to-be at the jail.
Criminal defense
People v A.H.
Jul 18, 2014
OUTCOME: Reduced
Client was charged with a 1 year misdemeanor and the prosecutor's initial offer was that either my client pleads guilty as charged or they will increase it to felony charges. I thoroughly investigated... the matter and discovered enough weaknesses in the case for the prosecutor to appropriately reduce the charges to a 93 day misdemeanor instead. My client was sentenced only to minimal fines and costs and received no jail and no probation. He was happy to finally put the matter behind him and move forward with life.
