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
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
