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.
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.
