Today we explore some questions I've received from potential clients in Wayne County about drunk driving cases.  In this mailbag we explore questions about Michigan Super Drunk license sanctions and the alternatives.  

Question: I've been charged with Super Drunk in Dearborn, Michigan, and I need to drive for work, but I'm afraid I will lose my license, what can we do to keep my license?  

Well drunk driving cases in Dearborn have four outcomes.  Your case might go to trial, and you will be found guilty or not-guilty, your case could be dismissed or reduced down to a lower charge.  

As of right now you are facing a charge with a charge that carries a license suspension of 45 days and 320 days of driving with a restricted permit. You will also be required to have an ignition interlock device installed in your vehicle during the restricted time period, and face possible vehicle immobilization or forfeiture.  Will this be the outcome of your case? Well if you go to trial and are found guilty then yes this would happen to your license.  If you pursue a reduction in charges it might be possible to get much more favorable license sanctions.  

So you're asking how does this happen? Well the prosecuting attorney is the one who decides if your case will be reduced.  As a former prosecutor, I can tell you this is case-by-case and depends upon the city, town or county. Most people charged with a DUI in Michigan feel powerless, but I've developed a proactive approach that empowers my clients to take control of their case.  Review Jonathan Paul's DUI Proactive Approach for more information about the program.  

To further discuss your case with me, and your Michigan license options, give me a call at 248-924-9458 and visit my website: www.michiganlawgrad.com  

Today we explore some questions I've received from potential clients in the Washtenaw County area about retail fraud cases. In this mailbag we explore questions about the 15th District Court judges and reporting vs non-reporting probation.

1. I was recently arrested for retail fraud in Washtenaw County, and I'm worried about a criminal record, what are my options?

The judges in Washtenaw County handle a lot of retail fraud cases, and your result can vary based upon your approach to your case.  If you take the normal approach and simply sit back on your heels and play defense, you're likely to have limited options, which include going to trial against pretty strong evidence or pleading guilty and having a criminal record with a tough sentence, which will cost you a lot of money and time.  

My approach is much different - my clients are pro-active from day one and put themselves in the best position possible to create additional options.  While an attorney in Michigan can never guarantee an outcome, my approach has lead to clients having their cases dismissed and having no criminal record from their retail fraud crime.  

2. What's the difference  between reporting and non-reporting probation at the 15th District Court? 

If a client is sentenced to probation it will be reporting vs non-reporting.  Generally at the 15th District Court a client meets with probation prior to sentencing and the probation department makes a recommendation.  The judge may follow or adapt the recommendation.  One component could be probation.  Reporting probation means you have a probation officer who keeps a close eye on you, and you meet with multiple times during your probation term.  Non-reporting means you're still on probation and subject to your conditions, and can still violate probation, but you're not meeting with probation on a regular basis, and it's a little less formal and hands on.  

So how do you get non-reporting probation? Being pro-active is a good start.  A judge will give you reporting probation if they think you need the supervision - a judge may give you non-reporting if they don't think you need that extra supervision.  I use the example of cleaning your room as a child - if the judge has to tell you to do things, you're probably getting supervised probation - if you follow my plan and do a few things during your case (cleaning your room without being told to do so), a judge may give you the benefit of the doubt and say it seems like you're already doing the right thing so maybe you don't need the supervision.  The judges in Ann Arbor are Judge Hines, Easthope and Burke - they each have different approaches to probation, which I am happy to discuss with a potential client. 

Today we explore some questions I've received from potential clients in the Ann Arbor area about DUI cases.  In this mailbag we explore questions about the 15th District Court judges and the most common defenses for drunk driving.

Question: Will I be scheduled for an arraignment with a magistrate or with a judge at the 15th District Court? If so, who will be my judge? What will be my bond conditions? 

Answer: Magistrate Currie is the presiding magistrate at the 15th District Court, but she does not do arraignments for drunk driving cases - or at least not in my recent experience.  Those cases are usually put immediately in front of Judge Burke who handles all the drunk driving cases at the 15th District Court.  The reason for this is the bond conditions on DUI cases in Ann Arbor are unique, and require a special insight and knowledge that Judge Burke has developed over time.  Judge Burke is a good judge, and sets appropriate bond conditions on people charged with drunk driving crimes in Ann Arbor.  Each case is different, and depending upon the facts of your DUI case, and your past history, Judge Burke could order alcohol testing either a few times a week, daily or randomly.  The judge might send you to AA classes during your case, or have you work with community corrections on other bond conditions.  A lot of clients think this is a "punishment" and not fair, but I tend to look at this as an opportunity.  A judge is elected to ensure the safety of his district, and he/she does not want you drinking alcohol during your case.  By testing, you have the opportunity to show the judge that you have your drinking under control, and you can abide by his/her orders.  If you're successful in testing, this will be positive currency in your bank, and be a good addition to my pro-active plan, which I will have you on during your Ann Arbor DUI.  

Question: I've been charged with a DUI in Ann Arbor, and I cannot afford to lose my license and go to jail, because I have a good job and support my family, what can I do?

Answer:  I appreciate your concern for your license and the possibility of going to jail.  There are two paths in a drunk driving case in Ann Arbor.  The path of trying to defeat your case via pre-trial motions for suppression of evidence, and taking your case to trial for a guilty or not-guilty verdict.  Each case has its strengths and weaknesses, and not all cases are meant to go to trial.  As a former prosecutor, I am quite familiar with the role of the prosecutor, and what they must prove in your case.  Simply stated, the prosecutor needs to show you were driving and you were impaired/intoxicated.  Impairment and intoxication can be proven by a number of things - most commonly chemical testing such as the DataMaster, urine or blood testing.  Your field sobriety testing, observations made by the police officer(s) and your statements will also be key evidence in your case.  

That being said, and simply stated the most common defenses are:  Hey I wasn't driving! or I wasn't legally impaired/intoxicated

The other path in a DUI case in Ann Arbor is the path of negotiation.  This means working out a deal that could save your driver's license and keep you out of jail with a favorable sentence.  In order to give yourself the best chance out this outcome, I would have you start a pro-active defense immediately.  A pro-active defense is tailored to each individual client, and we may focus on different aspects depending upon your history and the facts of your case.  

Attorney Jonathan A. Paul is a former prosecutor and a graduate of the University of Michigan Law School.  Mr. Paul is licensed to practice law in both New York and Michigan, and he has been selected by Super Lawyers Magazine and as Clients’ Choice for Criminal Defense in 2013 by Avvo.com.  Mr. Paul currently serves as the criminal law co-chair for the Washtenaw County Bar Association and is a member of the Oakland County Criminal Law Committee.  To learn more about Mr. Paul, visit his website: www.michiganlawgrad.com 

Today we explore some questions I've received from potential clients with cases in Northville Michigan.  In this mailbag we explore questions about PBT testing and the impact of a DUI on a Michigan driver's license.

Question: I was pulled over this past weekend in Northville, and I took a PBT, which was lower than the test I took at the station, what does this mean?

Answer: Well by law, a PBT test is not admissible expect for three unique situations in Michigan.  PBT's are generally not reliable, because they aren't calibrated/tested as often as the machine at the police station.  We can get into more detail during a meeting, but a PBT can be used by the defense or prosecution if certain situations arise.  For example, if the prosecution tried to imply your PBT was higher than the DataMaster results, we could introduce the results to dispute that.  What a lower PBT test means is your blood alcohol may have been rising. For example, you blow a 0.08 at the scene then a 0.09 at the police station; this means your number is rising, and can be quite useful in creating reasonable doubt about your BAC level while driving.  Remember, it's your BAC while driving not while standing outside the squad car or back at the station.  We will need to explore this more closely depending upon your results.

Question:  This is my first DUI arrest in Michigan, and first time ever being in trouble.  I'm charged with Operating While Intox in Northville, and I need to drive for work - will I lose my license?

Answer:  Well, I'm sorry to hear about your legal troubles.  As a first offender, you're certainly out of your elements, and you could benefit from a pro-active defense for your case.  We can discuss  what that means when we meet at my office, but for now let's focus on your license.  The crime you're charged with now if convicted would take away your license for 30 days - no driving AT ALL! For 150 additional days you would be limited to driving on a restricted license for work, school, court and a few other exceptions.  It may be possible to work toward a reduction in charges, which may give you a restricted license from the beginning with no total ban on driving.  This will take a pro-active approach that shows a judge and prosecutor that you're indeed not someone they need to worry about out on the roads, and you should be given a second chance. 

Today we explore some questions I've received from potential clients with cases in Ann Arbor.  In this mailbag we explore delays in prosecution in Ann Arbor, sleeping at the wheel of your car and Miranda rights with MIP offenses. 

Question:  I've been arrested in Ann Arbor, but I haven't been charged yet.  What's the delay? What should I expect from the Ann Arbor Police Department and the Prosecuting Attorney?

Answer: Sorry to hear about your recent arrest in Ann Arbor.  It's quite common to be arrested, but not charged for days, weeks or even months.  If your case involved drugs or alcohol testing, there might be a delay for test results.  The police department will complete their investigation then send the case to either the Washtenaw County Prosecuting Attorney or the City of Ann Arbor Prosecutor.  This will depend upon your charges and your criminal record.  I handle cases in the investigation stage and when clients are charged.  

Question: Is it really drunk driving to be sleeping in my car when the police arrive?

Answer: Well it depends upon a few factors.  It will depend if your engine was on, and where your car was located when the police arrived.  It's quite different to be sleeping at a stop light with the engine on, and sleeping in your car with the engine off in a legally parked spot.  The law pretty much looks at whether your vehicle was in danger of crashing or causing a collision with other vehicles and pedestrians.  The prosecutors in Ann Arbor will look at this factor in deciding whether or not to charge you, but if it's a close call, they may charge you and let you battle to get your case dismissed.

Question:  I was arrested for an MIP, but was never given my Miranda rights, can I get my case dismissed?

Answer: No, unfortunately lack of Miranda rights really has nothing to do with being charged with a crime like an MIP unless your statements are the only evidence against you.  All Miranda does is inform you of your rights to remain silent, and that may not even apply during the original investigation on scene.  By the time Miranda would kick in, the police most likely had some evidence against you indicating your violation of the law for Minor in Possession.  If you tested positive for alcohol, had alcohol, smelled like alcohol, or admitted to drinking alcohol during your conversation with the police officer, lack of Miranda probably doesn't affect any of this evidence being admissible against you.  Many people think lack of Miranda means a dismissal - it does not - that's something you see on television, which rarely will get a case dismissed in Michigan.  At most your admissions under certain circumstances may be inadmissible and evidence found based on these statements, but for an MIP this probably does not apply.