What's a preliminary examination? Will I have one for my Michigan drunk driving case?
If you've been charged with Michigan felony drunk driving, you are entitled to have a preliminary examination on this charge. In Michigan, the prosecution can charge you with a Michigan DUI Third Offense if you have two prior convictions during your entire life; there are no limitations to how much time has passed since your prior convictions. There are also felony drunk driving offenses that cause serious injury or death.
An experienced Michigan OWI attorney will take the opportunity to demand the examination, and learn more about the strengths and weaknesses of the case. Too often, attorney's who are not experienced in trying drunk driving cases will waive the right to the examination; this is a big mistake.
The most fruitful opportunity during preliminary examination is the testimony of the arresting officer. Your attorney will be able to lock-in the officer's testimony, and lock out additional testimony. Chances are the arresting officer will only change or add to his testimony at trial to assist the prosecution's case, which your attorney will be able to point out by referencing the prior testimony, which was closer in time to the incident. The officer's testimony can also be helpful in drafting Motions in a Michigan DUI Case
The most obvious advantage of holding a preliminary examination is to find out additional information about the prosecution's case. Knowing the answers to questions, which are not presented in the police reports allow for superior trial preparation. Hearing from the officer prior to trial will also allow your attorney to compare the officer's account of the facts to the clients account of the events. This could be important in determining the Defendant should testify during trial.
If you've been charged with Michigan felony drunk driving, you are entitled to have a preliminary examination on this charge. In Michigan, the prosecution can charge you with a Michigan DUI Third Offense if you have two prior convictions during your entire life; there are no limitations to how much time has passed since your prior convictions. There are also felony drunk driving offenses that cause serious injury or death.
An experienced Michigan OWI attorney will take the opportunity to demand the examination, and learn more about the strengths and weaknesses of the case. Too often, attorney's who are not experienced in trying drunk driving cases will waive the right to the examination; this is a big mistake.
The most fruitful opportunity during preliminary examination is the testimony of the arresting officer. Your attorney will be able to lock-in the officer's testimony, and lock out additional testimony. Chances are the arresting officer will only change or add to his testimony at trial to assist the prosecution's case, which your attorney will be able to point out by referencing the prior testimony, which was closer in time to the incident. The officer's testimony can also be helpful in drafting Motions in a Michigan DUI Case
The most obvious advantage of holding a preliminary examination is to find out additional information about the prosecution's case. Knowing the answers to questions, which are not presented in the police reports allow for superior trial preparation. Hearing from the officer prior to trial will also allow your attorney to compare the officer's account of the facts to the clients account of the events. This could be important in determining the Defendant should testify during trial.
