Former Michigan Prosecutor | Jonathan Andrew Paul
  • Crimes
    • Domestic Violence
    • Retail Fraud
    • Drug Offenses
    • Assaultive
    • College/Tailgate Offenses >
      • Minor in Possession
      • Ann Arbor MIP
      • Ann Arbor Fake ID
      • Ann Arbor UIP
      • Ann Arbor Open Container
    • Resisting Arrest
    • Handling a Traffic Ticket
    • Careless/Reckless Driving
    • Probation Violation
    • Early Discharge Probation
    • Larceny
    • Malicious Destruction of Property
    • Embezzlement
    • Juvenile Charges
  • Drunk Driving
    • Evidence >
      • Chemical Tests >
        • Implied Consent Law
        • Independent Chemical Test
        • Single Car Accident | DUI Defense
        • Effects of Body Temperature
        • Cross-Examining the DataMaster
        • Blood Testing 101
        • Impact of Methyl Alcohol/Paraldehyde
        • Radio Frequency Issues w/DataMaster
      • Right to Counsel
      • Preliminary Breath Test (PBT)
      • Field Sobriety Tests
      • Police Traffic Stop >
        • Sleeping in Car Defense
        • Cross-Examination - The Not Driving Defense
      • Police Statements
    • DUI Consequences >
      • Ignition Interlock
      • Restitution
      • Vehicle Immobilization
      • Travel Restrictions
      • Child Custody
      • Employment/Education
      • Traveling to Canada?
      • Vehicle Forfeiture
      • Civil Liability
      • Commercial Driver's License
    • DUI Trial Guide >
      • Jury Selection
      • Opening Statement
      • Cross-Examination
      • Closing Argument
      • Jury vs Bench Trial
    • Setting Bond >
      • Alcohol/Drug Testing Part #1
      • Alcohol/Drug Testing Part #2
      • Posting Bond
    • DUI Offenses >
      • Operating While Intoxicated
      • Operating While Visibly Impaired
      • Super Drunk/High BAC
      • Operating Presence of Controlled Substance
      • Child Endangerment
      • Felony Drunk Driving
      • DUI Under 21 Years Old
      • DUI Causing Injury/Death
    • Sobriety Court
    • DUI Pardons
  • Hiring a Super Lawyer
  • Courts
    • Wayne County >
      • More Courts >
        • Allen Park
        • Dearborn Heights
        • Detroit
        • Ecorse
        • Hamtramck
        • Harper Woods
        • Highland
        • Lincoln Park
        • Redford
        • Southgate
        • Taylor
        • Woodhaven
        • Wyandotte
      • Plymouth
      • Northville
      • Canton
      • Romulus
      • Livonia
      • Dearborn
      • Grosse Pointe
      • Westland
    • Oakland County >
      • Novi
      • Troy
      • Southfield
      • Royal Oak | Berkley
      • Rochester Hills
      • Farmington Hills
      • Bloomfield Hills
      • Waterford
      • Clarkston
      • Oak Park
      • Pontiac
      • Ferndale/Madison Heights/Hazel Park Drunk Driving DUI Criminal Attorney | Oakland County
    • Washtenaw County >
      • Ann Arbor
      • Chelsea
      • Pittsfield Township
      • Saline
      • Ypsilanti 14A
      • Ypsilanti 14B
    • Macomb County >
      • Center Line
      • Clinton Township
      • Eastpointe
      • Fraser
      • New Baltimore
      • Romeo
      • Roseville
      • Shelby Township
      • Sterling Heights
      • St. Clair Shores
      • Warren
    • Jackson County
    • Lenawee County
    • Livingston County
    • Monroe County
    • East Lansing
  • Expungement
    • DUI Expungement
  • 5-Star DUI Defense
  • Legal Guides
    • FAQ
    • DUI Expungement
    • Arrested in Michigan? NOW WHAT!
    • Being Investigated?
    • 18 Key Questions for DUI's
    • Michigan License Restoration
  • Client Reviews
  • Growth Mindset
  • Inside the Prosecutor Mind
    • Drunk Driving >
      • OWI First Offense
      • OWI Second Offense
      • OWI Third Offense
      • Field Sobriety Tests
      • Chemical Tests
      • Implied Consent
      • Hardship License
      • Sobriety Court
    • Expungement
    • Assault/DV Charges >
      • Domestic Violence
      • Misdemeanor Assault
      • Felonious Assault
    • Theft Offenses >
      • Retail Fraud
      • Embezzlement
      • Larceny
    • College Offenses >
      • Open Container
      • Minor in Possession (MIP)
      • Urinating in Public
      • Fake ID
    • Drug Charges >
      • Felony Drug Possession
    • Driving - Traffic >
      • Reckless Careless Driving
      • Driving While License Suspended
      • Leaving Scene of Accident
    • Disorderly Conduct
    • Probation Violation
    • Resisting Arrest
    • Malicious Destruction of Property
    • Travel Requests
    • Bond Violations
  • Contact Me
  • Leading with Empathy
  • Blog

Drunk Driving | Livonia DUI Attorney | Super Drunk | Impaired Driving

9/27/2013

 
I was just having a conversation with a young man who was charged with drunk driving in Livonia.  He was telling me the story about his case, and how he was pulled over by the police.  We examined the reason behind the police traffic stop, because if the traffic stop was not legal, it may be possible to have all of the evidence tossed, which would most likely lead to the case being dismissed.  We discussed the facts, and for at least now the stop seems to be legitimate.  We will still need to review the dashboard video and any audio picked up from that evening to make a final determination if we should file a motion for an illegal traffic stop.

From there, we discussed his conversation with the Livonia Police Department, and what sort of statements to the police he may have made about drinking alcohol, and where he was coming from, and where he was going. Most people charged with drunk driving will make an admission to consuming some sort of alcohol.  The number may or may not be the accurate amount, but any indication you consumed alcohol usually opens up the floodgates to field sobriety tests, PBT's and ultimately an arrest.

From speaking to my client about his drunk driving case in Livonia, it sounds like he told the officers that he had a few drinks.  From there the police had him exit the car and perform some field sobriety test.  He told me that he did well on these tests, but we won't know until we review the police report and see what the officer determined.  Police officers in Livonia will be tough graders when it comes to these tests, and any slip-up might mean a failure of the test.  From there the police asked him to take a PBT, which if you refuse is a two point civil infraction in Michigan.  The police officer must read you your rights before offering the test.  My client does not remember if the rights were read, but we will find out once we listen to the audio tapes from that night.  

My client informed me that he did submit to a PBT, but didn't realize it was optional.  This is the case for most drunk driving cases; the Livonia Police Department don't always read you your rights.  Not because they are trying to be sneaky, but at 2 am on the side of the road, nobody is perfect.  My client later went to the Livonia Police Department where he consented to taking a chemical test on the DataMaster machine.  His results were above 0.17.  

Unfortunately for my client based on the police officer's observations, his PBT result, his statements about drinking, and his DataMaster results, he was arrested and is now charged with Operating While Intoxicated and Michigan High BAC also known as Super Drunk.    The case will be heard at the 16th District Court by
Judge Sean P. Kavanagh or Judge Kathleen J. McCann.

The first step in defending my client for his Livonia DUI will be ordering all the police paperwork, videos, audio, DataMaster logs and all relevant evidence.  My client and I will have a sit down where we will discuss the strengths and weaknesses of his case.  I will tell him what I think as a former Michigan prosecutor as well.  From there, I will speak to the prosecuting attorney about the case, and explore my client's options.  My client and I will then decide which direction we're going to take.  My first priority is trying to defeat the case for my client, but I am always seeking alternative options during this process.  My client must know where he/she stands on possible defenses to the crime, and the best plea deal on the table.  Ultimately my client and I decide the best option after much discussion, and exploring our options.

If you or someone you care about has been charged with drunk driving in Livonia, or the surrounding areas, give me a call, and I would be happy to discuss your case with you.  I am available 24/7 to address your questions. 

Comments are closed.
    top criminal lawyer michigan, metro detroit, northville, plymouth attorney
    Jonathan Andrew PaulReviewsout of 164 reviews

    Call Me Today
    248-924-9458
    ​
    Email Me

    Picture
    Picture
    Picture
    Picture
    Picture
    Picture
    Picture
    Picture

    Search the Blog

    Blog Posts

    - The Michigan Retrograde Extrapolation Guide

    - Selecting an Ann Arbor Criminal Defense Lawyer

    - Selecting an Oakland County Criminal Defense Lawyer

    - Drunk Driving Consults

    - The One Question Your Michigan Criminal Defense Lawyer Should not be Able to Answer

    - Are the police allowed to follow me home from a bar?

    - Is it illegal to smoke weed and drive a car in Michigan? What's the legal limit for pot?

    - Michigan Police Confessions 101

    - Michigan 7411 Drug Crimes

    - FAQ: Shoplifting in Michigan

    - Michigan HYTA Eligibility

    - Can I be on probation while    away at college?

    - What is a Deferred Judgment of Guilt?

    - Michigan CDL Alcohol Penalties 

    - Ann Arbor Arrested for Fake ID, Urinating in Public, Minor in Possession, Open Container

    - Should I Admit to Drinking Alcohol?

    - Arrested for Minor in Possession in Ann Arbor?

    - Michigan DUI Probation Violation Hearings

    - How To: Claiming Self Defense at Trial 

    - Michigan Sex Offender FAQ

    - Should I use the Public Defender?

    - Washtenaw County Felony OWI Options

    - Handling a Michigan traffic ticket

    - How to beat a Careless Driving Charge

    - Hiring a Wayne County Criminal Defense Lawyer

    - Michigan DUI Concealed Weapon Permit

    - What's a Michigan Preliminary Examination?

    Neighbor Disputes

    - Can I Remove my GPS Tether?

    - Vehicle forfeitures 
     - Will I lose my license for a drug charge?

    - Michigan Driver's Responsibility Fees

    - Falsely Accused on Domestic Violence
    - 48th District Court Prosecutors 
    - Am I eligible for expungement with two convictions?
Representing clients in Ann Arbor, Canton, Brighton, Howell, Saline, Adrian, Taylor, Plymouth, Northville, Westland, Ypsilanti, Pittsfield Towsnhip, Warren, Sterling Heights, Farmington, Pontiac, Romulus, Lansing, Novi, South Lyon, Southfield, Birmingham, Bloomfield Hills, Royal Oak, Troy, Rochester, Jackson, East Lansing, Garden City, Livonia, Dearborn, Detroit, St Clair Shores, Hazel Park, Ferndale, Madison Heights, Waterford, Milford, Shelby Township Clarkston, Oak Park, Berkley, Fraser, Sterling Heights, Clinton Township and others throughout Washtenaw, Wayne, Monroe, Jackson,  Macomb, Ingham, Lenawee, Livingston, Oakland County & Northern Michigan 

Representing clients faced with DUI/drunk driving, retail fraud, possession of marijuana, domestic violence, reckless driving, leaving the scene of an accident, fake ID, open container  and other misdemeanor and felony charges. 

Evening & Weekend Service Available Call Me: 248-924-9458

Picture

Ann Arbor Office Location

Plymouth Office Location

Michigan Defense Attorney Jonathan Paul - Former New York & Michigan Prosecutor