Alcohol and Drug Crimes

Part 1 of 5: Introduction; Michigan Driver’s License Restorations, Building a Mountain of Positive Evidence

June 3, 2011 | Abdo Law Firm

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This is part 1 of a 5 part series which is dedicated to the topic of driver’s license restoration cases in Michigan. In this extensive series, I provide insight as to how our attorneys build a strong foundation of positive evidence which will moderate or diminish the bad choices that resulted in a license revocation. In Part 2, I explain some preliminary matters and documents which are necessary in a driver’s license restoration case. In Part 3, I discuss the stage where we will organize documents, schedule the hearing and review pertinent questions which will be asked at the hearing. In Part 4, the hearing stage of a Michigan driver’s license restoration case is examined. In Part 5, I discuss the possible decisions by the hearing officer and the appeal option to circuit court for a person who loses a Driver License Appeal Division (DLAD) hearing. Our Macomb County lawyers are able to provide this information after many years of representing clients before the DLAD who have a license revocation due to multiple drinking and driving convictions.

The process to restore a license in Michigan is complicated. Most of our clients have waited several years before taking the first step in the Michigan driver license restoration process. In addition, we know that they have paid thousands of dollars to the courts, attorneys, substance abuse counselors and to the State of Michigan. Many others avoid the appeal process altogether because of misconceptions, financial problems or other obstacles. All too often we meet clients who are eligible for a Michigan license restoration but they continue to drive illegally resulting in extended periods of revocation. This is why a person who is eligible for a hearing before the DLAD should consult with a qualified lawyer to discuss his or her rights. Often, our firm will take on proactive clients several months before the eligible hearing date. We use this time to provide a client with relevant advice, planning and a strategy so that we are well prepared when the minimum revocation period expires.
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42-1 District Court in Romeo Lists Fines and Costs For Drunk Driving and Criminal Cases

April 5, 2011 | Abdo Law Firm

The 42-1 District Court, located in the City of Romeo, has posted a list of possible fines and costs for various crimes. The list also contains a warning as follows: ALL FINES AND COSTS ARE DUE AT THE TIME OF SENTENCING, WE DO NOT GIVE TIME TO PAY. This warning is followed by strong language that failure to pay fines and costs will result in jail time.

The approximate range of fines and costs for a first offense Operating While Intoxicated (OWI) or Impaired Driving (OWVI) in the Romeo District Court is from $1,000.00 to $1,500.00. For a second offense, the range jumps to $1,500.00 to $2,500.00. This does not include other costs such as probation oversight expenses, substance abuse screening, driver responsibility fees, police/municipal response costs, random testing and substance abuse counseling. The driver responsibility fee for OWI is $1,000.00 per year for 2 years and for $500.00 per year for 2 years upon conviction of Impaired Driving.

The fines and costs for drinking and driving offenses in the 42-1 Court in Romeo tend to be on the high side but are consistent with fines and costs imposed in other courts such as the 41-B District Court, Clinton Township, which is also located in Macomb County. Information about other district courts located in Macomb County can be found at the county’s website.

Macomb Township man sentenced to prison after drunk driving accident in Harrison Township causes death

April 4, 2011 | Abdo Law Firm

A Macomb County resident was recently sentenced to serve 9-15 years in prison after pleading no contest to charges stemming from a drinking and driving hit and run which caused the death of a pedestrian. The defendant plead no contest to failing to stop at the scene of an accident, manslaughter with a motor vehicle and operating a motor vehicle while impaired causing a death. The charges of manslaughter with a motor vehicle and operating a motor vehicle while impaired causing a death carry a maximum of 15 years in prison. However, the defendant avoided a second degree murder case which could carry up to life in prison.

The case arises out of an incident which occurred on May 9, 2010. A man who left Gino’s Surf in Harrison Township struck a pedestrial walking along the side of the road. The accident was not reported until approximately 12 hours after the accident. Based upon the information provided, the police eventually found the victim in a ditch where the driver said he thought the accident occurred.

When the driver voluntarily turned himself in at the Macomb County Sheriff’s Department, he did not have any alcohol in his system according to an article in the Macomb Daily on July 14, 2010. However, the Macomb Prosecutor’s office was prepared to present witnesses who could testify as to the driver’s intoxication when he left Gino’s.

Plea Bargaining Criminal and Drunk Driving Cases

February 1, 2011 | Abdo Law Firm

The vast majority of Michigan criminal cases, as well as Macomb County criminal and drunk driving cases, are handled by plea bargains.

1. What is a Plea Bargain?

A plea bargain in a Michigan criminal case is a “deal” made with a prosecutor and defendant’s attorney. The defendant’s attorney is skilled to seek the best bargain or agreement to a lesser offense or to receive a less severe punishment. In exchange, the defendant will plead guilty pursuant to the agreement and give up his or her right to a jury trial to defend himself against the original crime charged. For example, most first offense Michian Drunk Driving cases (OWI) can be plead down to Operating While Visibly Impaired (OWVI). This plea bargain is quite common and the vast majority of first offense drunk driving cases are resolved in this fashion.

Michigan Driver License Restorations For Revocations Based Upon Multiple Drinking and Driving Convictions

June 4, 2010 | Abdo Law Firm

In Michigan, there are many circumstances which can result in revocation of driver’s license. A person’s license is subject to mandatory revocation for obtaining 2 drinking and driving convictions within 7 years or 3 drinking and driving convictions within 10 years. A person who is revoked for drinking and driving is known as a habitual offender of Michigan drinking and driving laws. The driver license restoration process is complex and lawyers with experience before the Michigan Driver Appeal and Assessment Division (DAAD) can greatly increase a revoked person’s chances of getting his or her Michigan driver’s license restored.

A first time revocation is for a minimum period of 1 year and a second lifetime revocation is for a minimum period of 5 years. A person whose license is revoked may not operate a vehicle indefinitely until the person is granted driving privileges before the Michigan Driver Appeal and Assessment Division (DAAD) of the Michigan Secretary of State.

Upon eligibility and after waiting the minimum revocation period, a revoked party may begin the process of license restoration. The revoked party, called the petitioner, must prove by clear and convincing evidence that the alcohol or substance abuse problems are under control and likely to remain under control. If a person fails to meet this high standard of proof, the revocation is affirmed and another hearing is allowed after one (1) year. Many times, I have seen documentation which is submitted to the DAAD that actually harms a client’s case and results in a continuation of the revocation. Our Michigan license restoration attorneys have obtained driving privileges for parties with 5 or more drinking and driving cases because we know the process, review the questions and make sure that all documentation submitted to the DAAD will bolster our client’s case.