Ann Arbor DUI/DWI/OWI Attorney Blog

DUI charges after woman drives with no tire in Saline

2012-05-18T20:14:45Z

As I have mentioned before, it is often the behavior of a driver that leads police to suspect that he or she is intoxicated. This behavior can include speeding or weaving on the road and can lead an officer to make a traffic stop. When the driver is suspected to have been drinking, an arrest on DWI charges can result.

Recently, a Michigan police officer noticed that a driver was traveling on the road with one of her front tires missing. The officer says the driver was weaving slightly, but that she did not appear to notice the missing tire. The observation led the officer to decide to make a traffic stop to determine why the woman was driving with her car in that condition.

]]> She was apparently driving on Michigan Avenue before she made a turn onto Ann Arbor Street in Saline. As she turned, police say the driver made an overly wide turn and ended up in the oncoming lanes. However, the officer following her noted that the driver corrected and returned to her lane of traffic.

When the car was eventually pulled over by the officer, the woman was said to have had difficulty rolling down her window. Allegedly, the woman's speech was slurred and her eyes watery. She was given field sobriety tests and arrested at the scene for DWI. At the Michigan police station, the driver was given a blood alcohol test. The results reported a blood alcohol level of 0.19.

Though the accused woman must now answer to the DWI charges, she does have a right to present a full defense. She can question all aspects of her arrest and confront any witness against her. In addition, she is permitted to challenge any physical evidence offered against her, and has the right to contest the manner in which police administered any tests as well as the admissibility of any results. Indeed, these tests are not always reliable, and the accused individual has every right to demonstrate that they may have been faulty.

Source: annarbor.com, "Woman suspected of being 'super drunk' after driving in Saline on wheel rim," Kyle Feldscher, May 1, 2012

DUI charge for driver after causing accident on I-94 near Parma

2012-05-10T22:34:15Z

Facing drunk driving charges can be a stressful experience. For many people, a DUI is their first run-in with the law. And if an accident was involved, the situation can be much more frightening.

Michigan DUI charges were filed against a Cadillac driver who apparently caused an accident after colliding with a semi-tractor trailer on April 25. The early morning collision occurred on I-94 near Parma. Police say that the tractor-trailer was in the right, westbound lane near West Michigan Avenue when the Cadillac, which may have been speeding, tried to pass the semi. According to reports, the Cadillac cut back into the right lane, but struck the front of the truck, catapulting the car into the guardrails.

]]> The Cadillac driver and his passenger were taken from the scene to Michigan's Allegiance Health, where they were reported to have minor injuries. After being treated and released, the driver was arrested by local police. A blood alcohol test was apparently administered, though a spokesman did not know the result, and the driver was charged with drunk driving offenses.

Like all of those who face DUI charges in Michigan, the arrested man in this case will have the right to present his defense in court. When facing DUI charges, it's important to know that you still have rights, and there are ways to challenge the charges. In addition to challenging the admissibility of any evidence offered against him, those accused of DUI have the right to confront the testimony of any witnesses as they fight to achieve a fair result based on the actual facts and circumstances.

Source: mlive.com, "Suspected drunk driver crashes into semi-trailer Thursday morning on I-94 near Parma," Aaron Aupperlee, April 26, 2012

Central Michigan University basketball star charged with DUI

2012-05-04T18:37:26Z

Drunk driving charges should not be taken lightly, no matter who is facing them. As I have mentioned before, facing a DUI can result in heavy penalties if a driver is convicted. However, there are many hurdles that must be overcome before any conviction can take place.

Recently Central Michigan University sports fans learned that DUI charges are being waged against one of the school's basketball players. Police report that on April 21, a senior basketball guard was arrested and charged with driving a vehicle while intoxicated.

]]> Though the young man has not been convicted of any crime, he has been suspended indefinitely from the basketball team. This comes on the heels of his stand-out last season here he played in 31 games, averaging 2.8 points and 2.5 rebounds per game. Though not mentioned by officials, it is certain that the player will be considered for reinstatement if he is not convicted on DUI related charges.

Like all who are accused of DUI-related offenses in Michigan, the young man's case rests in part on whether the state can prove beyond a reasonable doubt that his blood alcohol level was above 0.08 percent while he was driving. Because this was his first offense, he faces up to a $500 fine, 93 days in jail or 360 hours of community service if convicted. However, just like others who have been accused of DUI-related charges, the basketball player in this case will be able to present a full and complete defense against the accusations.

Source: Central Michigan Life, "CMU basketball guard Finis Craddock 'suspended indefinitely' following Saturday arrest," Aaron McMann, April 24, 2012

She used to dance on tabletops

2012-05-03T14:27:39Z

When I first saw her, I was struck by how she looked exactly like my beloved grandfather.

When she was a toddler, she would stand on the coffee table and dance - with or without music. Eventually, the table broke and we didn't replace it for about 5 years - more room for her to dance.

]]> When we went out, people would say how happy she made them feel with her easy smile and joy.

She would say she didn't want to go to school or camp because she didn't know anyone. By day's end, everyone knew her name. Sometimes, I questioned her choice of friends.

The teen years haven't been as much fun as the toddler and middle years. But, slowly she talks to me more and more. Occasionally, there's a hug and/or kiss. An "I love you" returned without a fuss.

Often, I've stared at her as she slept in awe of the miracle of her existence. It took me years to accept that I am this beautiful creature's parent.

Prom and graduation are now approaching. College in the fall. Some lessons must be learned by living life. I can't protect her as much as I would like. But, somehow I know she will be fine. A good person. Kind and generous. Loving. Respectful.

She is the love of my life. Her name is Meghan.

Always consult a qualified, DUI/criminal defense attorney about the specific facts of your case.

DUI plea from former Miss USA in Michigan

2012-04-27T20:17:17Z

As many in Michigan know, being charged with drunk driving can be a stressful event. The DUI charges can lead to heavy fines and sometimes even jail time if a conviction is obtained. Facing such penalties is something no one hopes to go through.

Although we tend to think otherwise, celebrities are not immune to DUI charges. Pleading no contest to charges of drunk driving, former Miss USA Rima Fakih appeared recently in a Michigan court. By pleading no contest, she did not technically admit guilt, though the court treats the plea as an admission of guilt for sentencing purposes. The court accepted her plea, and she is expected to appear for sentencing on May 9.

]]> The former Miss USA, the first Arab-American winner of the contest, was arrested for DUI in December. Police say she was driving at a high rate of speed and weaving in and out of traffic when they stopped her vehicle. Once stopped, police found an open bottle of champagne in the car. Blood tests showed that her blood alcohol level was 0.20 and 0.19 in two tests.

When Michigan residents find themselves facing drunk driving charges, they must consider their right to present a full and complete defense. A thorough review of all available evidence may benefit the accused person. All accused of DUI are innocent until proven guilty, though in this circumstance the beauty queen appears to have decided that her interests were best protected by entering a plea arrangement. Though there was no formal indication as to what her sentence will be, her attorney indicated that it was expected she would receive probation. It's important to know that you have options when facing a DUI charge.

Source: Newser, "Former Miss USA Rima Fakih reaches plea deal in Michigan drunken driving case," Mike Householder, April 11, 2012

Police chase ends in DUI for Marion man

2012-04-19T14:51:19Z

A Michigan man from Marion faces a multitude of criminal charges, including DUI, after he allegedly led police on a chase recently. The man was initially reported driving the wrong way on a road in Montcalm County. Police, who were apparently alerted to a possible DUI, said they located the man driving erratically, prompting them to initiate a traffic stop.

However, the man drove away and reportedly reached speeds of 85 miles per hour while leading police on a chase through Montcalm County. After a brief stop on the lawn of Baldwin Heights Elementary School, the man allegedly backed up and struck a police vehicle. Police say they detained the man after he hit a tree near school grounds.

]]> There were no reports of any field sobriety tests or blood alcohol tests administered. He was injured as a result of the traffic chase and taken to Spectrum United Memorial Hospital for unspecified treatment. Thereafter, he was arrested and subsequently arraigned for DUI and other charges.

While many people may think that a drunk driving conviction results in just a fine, that is simply not true. A DUI conviction can end up on your record and can often result in the suspension of your license. Although that may not seem like a big deal, trying to get to and from work or run errands can be difficult when you have to rely on public transportation or friends and family to get you there.

Because the consequences for DUI can significantly affect your day-to-day life, it's important to remember that a charge is not a conviction. It is not unheard of for people to be wrongly charged with drunk driving, whether because of inaccurate breath test readings or other factors. Strong defenses can be built to challenge DUI charges.

Source: WOOD TV, "Cops: Chase with drunk, erratic driver," April 9, 2012

Woman taken to Wexford County Jail after third DUI charge

2012-04-13T13:39:12Z

DUI charges are very serious, whether it is a first offense or the third. But as many of my readers in Michigan know, being charged with multiple DUI offenses can lead to increased penalties. The potential penalties often include substantial fines or even jail time when a conviction is obtained.

Police report that a woman was arrested recently on DUI charges for the third time. She was said to have crashed her vehicle into a bank of trees while driving away from officers who were attempting a traffic stop. Her 2-year-old daughter was in the car at the time of the accident.

]]> After the collision, she was charged with DUI and driving on a suspended license. She was taken to the Wexford County Jail where she was reportedly being held. There was no immediate information available as to any court date scheduled.

Like all of those accused of DUI in Michigan, the arrested woman is entitled to the opportunity to present a full defense. She will be able to confront any witness against her and can challenge any evidence presented, including any results of blood alcohol tests or field sobriety tests, if they were administered.

Presentation of a defense is a fundamental right and is designed to hold a prosecution to its proof and to ensure that all legal rights of the accused individual have been preserved and honored. Once all of the facts and circumstances are known concerning DUI allegations, an accused person can make an educated decision about how to proceed.

Source: Record Eagle, "Pregnant woman arrested for drunk driving with toddler," March 29, 2012

'Super Drunk' DUI charges for woman who struck deputy's cruiser

2012-04-05T16:59:39Z

Police reports say that a Michigan woman was drunk when she struck a county sheriff's patrol car as she traveled on local roads in Commerce Township. Failing to remain at the scene of the impact, the driver was said to have been located on Commerce Street a short time later. The driver, an 18-year-old woman, was arrested and released on bond after being charged with DUI and leaving the scene of an accident.

The patrol car was apparently stopped on the side of the road while the officer was assisting assisted a driver that had just been involved in a hit-and-run collision. The accident occurred after midnight, when the young woman was said to have collided with the right front portion of the police vehicle even though the overhead lights of the cruiser were flashing. Fortunately, the patrolman was not in the car at the time of the collision, though the car was apparently rendered inoperable as a result of the crash.

]]> At the time of her arrest, authorities say the accused woman had a blood alcohol level of .24 percent. That reading is three times the Michigan limit of .08. A Breathalyzer test was used to produce the blood alcohol number, and the veracity of the test results may be a focus of attention as the accused woman defends herself against the DUI charges.

Under the Michigan "Super Drunk" law, a driver whose blood alcohol level is at least two times the legal limit faces extra-strict penalties if convicted. These consequences can include jail time, fines approximately totaling $8000 and mandatory alcohol treatment. Penalties for conviction can also include loss of driving privileges for a period of 45 days and also the requirement to have a Breathalyzer installed in one's car that disables its operation when the reading exceeds the permissible limit.

Despite the prospect of exceptionally heavy legal penalties, this young woman, like all those facing DUI charges, will have the opportunity to present a full defense prior to an adjudication of her case. Along with scrutinizing the results of the Breathalyzer test, her defense team will be able to question all witnesses and challenge other evidence offered against her. Nevertheless, she may have a difficult road ahead of her as she struggles to clear her name and achieve a result that is fair under all of the circumstances.

Source: CBS Detroit, "Sheriff: Drunk Teen Who Hit Patrol Car Was 3X Legal Limit," March 24, 2012

Tecumseh man faces DUI charges after crash

2012-03-28T21:10:38Z

Michigan authorities take drunk driving very seriously. Police patrols know how to spot any possible signs that a driver may be operating a vehicle while impaired. Similarly, DUI and other potential charges can result if an accident happens on Michigan roads and police suspect it is attributable to drinking and driving. Sometimes drivers involved in an accident are charged with a DUI, even if they thought that they had not consumed enough to be in violation of state laws.

Michigan police are currently investigating the cause of an accident that occurred on March 11. Reports state that a car was heading southbound on Ridge Highway near Welch Road during the early evening hours. Unexpectedly, the driver crossed the center line as he drove and struck an oncoming car. The accident resulted in injuries to both the driver and passenger in the car that was hit.

]]> Police say alcohol was likely involved in the accident. At the scene a blood alcohol test was given using the breath test method. The results showed that the driver had a blood alcohol level of 0.163. This is more than twice the Michigan legal limit of 0.08.

As a result of the accident and the blood alcohol tests, the suspected drunk driver was arrested and charged with driving while intoxicated and driving left of center. Like all individuals suspected of drunk driving or facing DUI charges, the driver in this accident will be entitled to present a full defense. It's not unheard of for breath tests to be inaccurate, and sometimes police do not follow proper protocol on field sobriety tests. By carefully reviewing all of the evidence, strong defenses can be built to challenge DUI charges.

Source: The Daily Telegram, "Deputies: Alcohol a factor in Ridge Highway crash that injures three," March 13, 2012

Traffic stop leads to arrest for Ypsilanti man

2012-03-23T16:35:23Z

Last week I posted about the Michigan "super drunk" law that defines a higher level of drunkenness as a blood alcohol level of 0.17 percent. Under the drunk driving laws in our state, a blood alcohol level of 0.17 percent or greater can face harsher penalties than those whose BAC is under that threshold.

Many times it is the driving behavior of a person that attracts police attention. Speeding or weaving in and out of lanes can cause an officer to make a traffic stop. At the time of the stop, an officer can request a field sobriety test if he or she feels that there is a suspicion of drunk driving.

]]> Speeding at a rate of 60 mph on a 35 mile per hour zone is what caused a Michigan man from Ypsilanti to be stopped as he drove near North Maple Road and Echo Court in Saline. Police say that the man was also observed swerving prior to the March 10 traffic stop. These traffic violations contributed to police suspecting that the driver was under the influence.

At the time of field sobriety tests at the scene, the man apparently failed to pass any of the tests given except for the alphabet test. This resulted in an arrest for DUI. After he was taken into custody, blood alcohol tests were arranged at the Saline Police Department. They purportedly resulted in a reported 0.22 percent reading.

Michigan police take drunk driving very seriously and will not hesitate to arrest someone they suspect of DUI. However, police are not infallible. Field sobriety tests can be administered incorrectly, and breath test machines can be improperly calibrated. If either of these are found to be true, the results may be inadmissible in a court trial. It's important to understand that strong defenses can be built to challenge DUI charges.

Source: annarbor.com, "Saline police arrest 'super drunk' driver," Kyle Feldscher, March 12, 2012

I'm just a Tweetin' fool

2012-03-21T18:57:02Z

After some major resistance and procrastination, I took the plunge a little over a week ago into Twitter. Never quite understood what Twitter's all about or why I would want to do it. My daughter tweets dozens of times a day with her friends. Made me shake my head.

Nearly two weeks in, I'm up to nearly 300 tweets and re-tweets. Even have some followers already. Before I opened the account, I had no clue. Now, I check several times a day for interesting news and tweets to share with the world. It's kinda fun. Even stopped shaking my head at my daughter.

]]> I wonder though - am I embarking on an addiction? Is it just fun to see how many followers I get or how many tweets I can churn out in a day between doing other things like work? I hope not.

Last year, I decided to turn off the alerts and put the Blackberry in another room as soon as I get home. I was on that thing so much my thumb started to ache. I like being available to my clients (and friends) as much as I can but sometimes I need a break to just relax. Turned out to be an excellent decision.

The Twitter plan is to try to only tweet relevant and interesting information. And, spend only a little bit of time tweeting. But, getting more followers will always feel nice. You can follow me at https://twitter.com/#!/StaceyMWashingt

Always consult a qualified, criminal defense attorney about the specific facts of your case.

DUI charges for Michigan man in Ypsilanti

2012-03-16T21:14:19Z

The level of alcohol in the blood stream of a driver is a major determining factor for DUI charges in Michigan. Authorities must be able to prove to a court that any person charged with DUI crimes had a blood alcohol level above the legal limit. Tests can include field sobriety tests as well as blood or breath tests and can be given at the accident or later at a police station or hospital.

Ypsilanti, Michigan, police arrested a man on DUI charges after he reportedly left the scene of an accident early on Sunday, March 4. The crash occurred in downtown Ypsilanti when the man allegedly struck another car from behind near the intersection of Washington and Ferris streets. As the woman accident victim called police, reports say that the man got in his car and drove away. Police arrested him just a few blocks away from the scene.

]]> The driver was charged under Michigan's super drunk law that carries harsher penalties for those who register a blood alcohol level above 0.17 percent. Drunk driving charges can also result from a blood alcohol level of 0.08. Police say that the arrested man was given several tests and had blood alcohol levels of 0.24 and 0.26 following the collision.

After the arrest, the accused man was arraigned and is expected to appear in court on March 13. As those who have been accused of drunk driving wait to be formally charged, they may want to consider their options before deciding how to plead. These options may include challenging the results of the tests administered at the accident scene as well as questioning evidence presented. Drunk driving allegations are not to be taken lightly, but it is important to keep in mind that strong defenses can be built to challenge them.

Source: AnnArbor.com, "'Super drunk' driver arrested with gun after hit-and-run crash," Kyle Feldscher, March 7, 2012

Parents, college kids and confidentiality

2012-03-12T18:49:03Z

More often than not, it's a parent who contacts me first after learning that their son or daughter has gotten into criminal trouble. The child is a young, adult living and working on his/her own or away from home studying at the University of Michigan or Eastern Michigan University. In either case, the parent is understandably upset and concerned about many issues. But, the parent usually pays the legal fees.

The parent summarizes the story and the charge (i.e., Minor in Possession, Possession of Marijuana, Operating While Under the Influence of drugs, etc.) The parent is more often than not angry with the child for exercising poor judgment. There are also feelings of confusion about what to expect in the legal process. In most cases, neither the parent nor the child has had to hire a criminal defense attorney.

]]> I listen to the parent with as few interruptions as possible. I'm a parent of a soon-to-be college student and understand the worries well. I also understand the value of having someone hear your story.

Although I do not give legal advice to non-clients, I briefly explain the process. In every instance, I explain a very critical fact - once I'm hired, the child is my client not the parent. Therefore, any communication between me and the child/client is confidential. The technical term is attorney-client privileged. Unless given specific consent by the child/client, I cannot discuss the legal situation with the parent. I will even ask the parents to leave the room so that I may speak privately with the child/client. The purpose of the privilege is to encourage the client to speak freely and assist the attorney is effective representation.

If I violate the privilege, I could lose my license to practice law. I'm not willing to involuntarily lose my license. Therefore, I honor the privilege. However, because I'm a parent, I strongly encourage the child/client to be open and honest with the parents. It helps the family dynamic. It can sometimes help me more effectively represent the client because there may be issues that only the parent is able to articulate to me. Most of the children/clients gladly consent to allow me to talk to parents. In many instances, they have already told Mom and Dad the truth.

In rare instances, there are things the child/client tells me not to share with Mom or Dad. Those things are usually embarrassing in some way - things that come out after the child/client have gotten to know and trust each other. I honor the client's wish but I also strongly encourage him/her to take a deep breath and tell the parents. I remind them that parents have a way of learning the truth. I also remind them that their parents love and support them - the fact that the parents call me and/or foot the bill is huge evidence of that fact. Parents get angry but usually get past it in a reasonable amount of time. At least, that's how it is with me. At the end of the day, I still love my kid.

Always consult a qualified, criminal defense attorney about the specific facts of your case.

Michigan man faces DUI charges after near accident

2012-03-08T22:26:22Z

Accusations of drunk driving may lead to serious ramifications in Michigan, including a license suspension, points on a driving record and fines. However, even when drunk driving does not cause injury or death to oneself or another party, the alleged drunk driver could still face serious penalties.

One man from Willis recently discovered this following his arrest on Feb. 26 for drunk driving. The 22-year-old had supposedly almost rear-ended a woman's vehicle that evening, prompting the woman's husband to contact the police. After police managed to locate the young man's car, they began following him, but only turned on their emergency flashers after he made a purportedly aggressive turn.

]]> In this case, there may well be issues raised regarding probable cause for the traffic stop. The man's driving did not appear to have broken any laws, and although he did not stop immediately for the police once they turned on their flashers, he did turn into a parking lot and came to a halt there. Nonetheless, he was arrested for operating while impaired after a Breathalyzer test showed that his blood alcohol content was 0.16 percent. The legal limit in Michigan is 0.08 percent.

At the time of a local news report about the incident, no charges had been filed as police were awaiting the result of a chemical blood test.

There are many circumstances that could cause a near accident. Slippery roads, distractions and sudden stops can all create a near-accident situation. While it's not clear what the outcome of this matter will be, it is important that those accused of a crime remember that accusations are not always correct.

Source: Saline Patch, "Man Arrested for Drunk Driving," Tran Longmoore, Feb. 27, 2012

DUI charges result from Lenawee County car crash

2012-03-02T21:44:50Z

Police in Ann Arbor and throughout the state of Michigan take drunk driving very seriously. When suspected drunk driving is combined with a car accident, a driver could be facing serious charges. One Michigan woman was recently arrested for drunk driving after her vehicle crashed.

A woman from Tecumseh was arrested on DUI-related charges on Feb. 18. Police say that she was involved in a one-car crash. Authorities claim she lost control of her vehicle as she entered a driveway just before 3:00 a.m. on Feb. 21. Traveling at a high rate of speed, police say the driver barely missed another woman standing in the driveway, and thereafter crashed into a tree.

]]> A breath test was administered, which was said to reveal a blood alcohol level of 0.155 percent. As I have mentioned in previous posts, legal limit for blood alcohol level in Michigan is 0.08 percent.

The woman was arrested on the drunk driving charge of operating while intoxicated. She was taken to a local jail and later released on bond. She will likely appear in a local court in the coming days and weeks.

Facing drunk driving charges is scary enough. But when you have also been involved in a car accident, your mind could be darting in a million directions. Perhaps you were hurt in the collision, or your car could be totaled. Despite these other possible circumstances, facing a DUI charge is a serious matter. It is important to know, though, that an accusation is not a conviction. There are ways to defend against DUI charges, so understanding your rights is imperative.

Source: The Daily Telegram, "Driver arrested after crash along U.S. 223," Feb. 21, 2012