Former Michigan Prosecutor | Jonathan Andrew Paul
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Drunk Driving Miranda Rights in Michigan

Call Me: 248-924-9458

Michigan Drunk Driving Boot Camp
Evidence: Statements to the Police

In a Michigan drunk driving cases, statements made by defendant's can be admitted against them at trial.  These statements are not hearsay, but a party opponent admission.

If you've made any statements or a confession to the police about a crime in Michigan , you need an experienced Michigan criminal defense attorney to review those statements, and make a determination about their admissibility.  A statement and/or confession can be very strong evidence against you, and an aggressive and early strategy is imperative.

The first question to be asked is when and where did you speak to the police, and the circumstances around this interaction?

If the interaction was initiated by the police after you were taken into custody then in order to have the statement used against you, the prosecution must show that you were given your Miranda warnings, which are:

 1)   You have the right to remain silent.
 2)    Anything you say can be used against you in a court of law.
 3)    You have the right to the presence of an attorney.
 4)     If you can't afford an attorney, one will be appointed prior to any questioning

Custody is a tricky concept to understand.  The test for custody is an objective one, i.e., given the surrounding circumstances, would a reasonable person have felt free to terminate the interrogation and leave;  your age and lack of experience with law enforcement are not relevant.

If you're held in police car prior to posting bond is in custody for Miranda purposes, and statement taken without advice of rights must be suppressed.  Compare this to a situation where you're not under arrest yet, but volunteer to come down to the police station to give your side of the story. 

Once these rights have been read, you must be given the opportunity to exercise these rights throughout the interrogation, and must voluntarily, knowingly, and intelligently waive these rights before making a statement.  Most police officers will have you orally waive these rights, and sign a written waiver. 

Any statements made during a traffic stop, sobriety tests or booking do not require Miranda warnings, and you should be mindful that any statements made could and will be used against you. 

It is not unusual for someone to be charged with drunk driving to make an admission to operating a vehicle and having a few drinks; these statements virtually make out the case against you before the police and prosecutor start their investigation, and put their case together.   Along with the content of your statements, the police will make observations of slurred or incoherent speech, which could be used against you in a drunk driving case.

It's also common for a Defendant to initiate a conversation or make a spontaneous incriminating statement; these statements are deemed voluntary, and can be used against you. 

If the police take a statement from you, it could be oral, written or recorded.  If you write a statement, you will be asked to put your date of birth, your address and sign the statement. 

If you and your attorney wish to challenge the admissibility of your statements, you would request what is called a "Walker Hearing".  The judge will hear testimony as to the circumstances behind the statement and rule if the statement is admissible based upon the voluntariness and compliance with Miranda. The judge will rule if the statement can be introduced at a trial.  If the statement is deemed to be inadmissible, it cannot be introduced at trial against you. 

Some factors in determining if the statements were voluntary:

- when the statement was taken,
- where  it was taken
- who was present
- any threats made?
- any promises made?
- any forced used?
- any coercion used?
- any trickery/deceit?
- deprivation of sleep, food or medication?
- intoxication or under the influence of drugs?

Most statements in Michigan DUI cases come during the roadside conversation between the police officer and the driver.  The courts have deemed this interaction not to be a custodial interrogation, but rather for the purpose of determining whether the driver is intoxicated; Miranda is not required at this point.  

Your Michigan DUI attorney will determine when exactly the "conversation" goes beyond roadside investigation, and a reasonable person no longer believes that he or she is not free to leave.  If the prosecution's only evidence are the defendant's statements, this violates the corpus delicti rule was put in place to prevent defendant;s from being convicted solely based on a confession when no other evidence is available that proves they committed the offense.  
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What Other Attorneys Say About Me:
"I had the opportunity of observing Jonathan represent a co-defendant in a difficult 3 count felony drug case. Through Jonathan's efforts all 3 felony counts were dismissed and client pled to a simple misdemeanor possession charge; a truly fantastic result for the client. I would without hesitation recommend Jonathan on a criminal matter"

"When I first met John, he was beating me up as a prosecutor. When I heard John became a defense attorney, I was elated for two reasons, first that I wouldn't have to go against him any more, and two, that anybody charged with a crime an Ann Arbor and Washtenaw County have an exceptional criminal defense attorney who gets the job done. As a defense attorney, John uses his extensive experience to craft solutions to tough cases. As a fellow defense lawyer, I rely on John's advice in my own cases. If you are in Ann Arbor and are in trouble, call John, he will help you"

"Jonathan is an extremely bright and talented criminal defense lawyer. His years of experience as a prosecuting attorney in New York and Michigan has already made him a top practitioner in his field. I happily endorse Jonathan Paul".
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. 

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