Plymouth Lawyer – Plymouth OWI Lawyer
This past week Plymouth lawyer, Aaron J. Boria obtained a solid victory for a client charged with drinking and driving out of the 35th District Court. The client was facing the Super Drunk offense of Operating While Intoxicated High BAC > .17 after hitting a car. Boria obtained a double reduction.
35TH District Court - Plymouth LawyerIf you are charged with a criminal offense including OWI in Plymouth, Northville or Canton then your matter will be heard at the 35th District Court in Plymouth located at 660 Plymouth Rd, Plymouth, MI 48170, about half of a mile from Plymouth Lawyer, Aaron J. Boria's office.
There are three judges at the 35th District Court and they are Judge Ronald Lowe, Judge James Plakas, and Judge Michael Gerou. If you are taken to the court for an arraignment it is possible that you will see a magistrate rather than a judge, but at some point you will have to appear in front of one of these three judges if you have been charged with a crime.
If you have been charged with drinking and driving or any other crime at the 35th District Court you will first have to appear in court for an arraignment. At the arraignment the judge will formally tell you what you have been charged with. There are roughly seven different misdemeanor drinking and driving charges so at the arraignment for drinking and driving the judge or magistrate will tell you officially which charge you are facing and the possible penalties.
At the arraignment the judge will also set bond, a promise to return to court backed by money, and bond conditions. In a drinking and driving case the most common bond condition is not to drink alcohol or use drugs and to test for the same at your expense.
After the arraignment you will be scheduled to come back to court for a pre trial. At the pre trial your lawyer will have an opportunity to speak with the prosecuting attorney. The prosecuting attorney is the attorney who represents the government body charging you with the crime; they are on the same side as the police.
If you are charged with a crime in Canton, Plymouth Township, or Northville Township the prosecutor that your lawyer will meet with will be from the firm of Hemming Polaczyk Cronin Witthoff Bennett & Demopoulos PC.
If you are charged with a crime out of Plymouth City then the prosecuting attorney against you will be Cameron Miller.
If you are charged with a crime out of Northville City the prosecutor against you will be from the Plunkett Cooney law office.
Finally, if you are charged with a crime in Canton, Plymouth, or Northville and your charge is submitted to the state prosecutor then someone from the Wayne County Prosecutor's office will be the one against you.
At the pre trial your lawyer will have an opportunity to negotiate a dismissal or lesser charge for you. If you believe you are not guilty and the prosecutor will not dismiss the case then the matter will be set for trial. If you are found guilty at trial or if you take a plea deal then your next hearing will be the sentencing. If you are found not guilty or your case is dismissed then you are free to go.
Plymouth drinking and driving - Plymouth OWI LawyerAs we mentioned above, there are roughly seven drinking and driving misdemeanor charges you could face if charged in Plymouth at the 35th District Court. Of those seven, there are three that are far more common and they are:
Super Drunk OWI High BAC >.17This offense is charged when someone's blood alcohol level is .17 grams per 100 milliliters or more.
Super Drunk is punishable by up to six months or 180 days in jail, $700 in fines to plus court costs, 6 points added to your Michigan driving record, driver responsibility fees of $1,500.00, and your license is suspended for a full year (you can get a restricted license after 45 days if you pay to have a blow and go installed on your car and rent it for the rest of the year).
This is the offense that our client was initially facing. Many prosecutor's offices will not reduce a charge for someone that is charged with Super Drunk because it is viewed as being a more heinous crime and in most cases is an easy case for the prosecutor to win at trial compared to other offenses.
Operating While IntoxicatedOperating While Intoxicated or OWI is probably the most common drinking and driving offense that we see as DUI lawyers. OWI is charged when someone's blood alcohol level is .08 or higher. (The legal limit is actually .79 because .08 is illegal but many people do not realize this.)
OWI is punishable by up to 93 days in the county jail, $500 in fines to plus court costs, 6 points added to your Michigan driving record, driver responsibility fees of $1,500.00, and your license is suspended for one month and then restricted for 5 more months.
Operating While Visibly ImpairedOperating while visibly impaired or OWVI is rarely charged. OWVI can be charged when someone is actually below the legal limit. The standard in OWVI is that because of drinking of alcohol the person charged with the drinking and driving offense drove with less ability than would an ordinary careful driver.
This is the offense that our client's matter was reduced to. Not an easy task when his blood alcohol level started out at almost three times the legal limit and he hit another car.
With this offense there is never a period of time that the person's license is suspended, the driver responsibility fees are cut in half, the fine is knocked down to $300 plus costs, points are knocked down to 4.
Plymouth LawyerIf you have been charged with drinking and driving or any other time in Plymouth, Canton, or Northville then you need to call Plymouth lawyer, Aaron J. Boria.
Plymouth lawyer Boria has obtained countless dismissals and reductions at the 35th District Court for all of the districts mentioned above. Boria has also won multiple jury trials at the 35th District Court including drinking and driving.
If you have been charged with a crime out of the 35th District Court then you need to call Plymouth Lawyer, Aaron J. Boria right away (734) 453-7806 or email him at [email protected]