How A Michigan DUI Lawyer Protects From The System

With the following two DUI cases, this article shows you how a Michigan DUI lawyer protects people from the system

Approximately 9 months ago I was approached by a young lady who was arrested and charged for OWI. She explained to me how she had 2 glasses of wine with a friend and drove home. While driving home she was pulled over for speeding and asked had she been drinking. She, of course, told the truth and stated that she had a couple glasses of wine. However, she was not drunk. The officer was already convinced that she was drunk (or, at least, he was going to be arrested for DUI) and had her perform field sobriety tests.

After performing the tests (which she passed) the officer asked her to take a preliminary breath test. She did take the test but he wouldn’t show her the results. She was arrested and taken back to the police department and charged with drunk driving.

Now, most attorneys (who do not specialize in criminal defense / DUI defense) would tell their client that they will get them some sort of deal and the case would be over. However after reviewing the police report and accompanying documents, there were numerous “little issues.”

To make a long story short, after reviewing the case in more detail and holding an evidentiary hearing, the criminal charge was dismissed and this young lady doesn’t have an alcohol offense on her record.

People ask me, “do you think what you are doing is right?”

Absolutely.

I wholeheartedly believe that she wasn’t drunk that night; I believe that the officer was just after another arrest. I don’t fault the officer; I believe that he is so accustomed to dealing with drunk drivers that even when an innocent person is in front of him, he assumes the worst. That is why I do what I do. The system is made to protect the people but someone has to protect the people from the system. Hiring a Michigan criminal defense lawyer or Michigan DUI attorney will make big difference.

In another DUI case, a man was arrested for his 3rd DUI. This sounds pretty bad but consider the fact that he was 45 years old and hadn’t been arrested for anything in over 20 years. He was with a friend and did have a couple too many. Not to the point of falling over drunk, but enough where he should have considered another way home.

The evidence against him was strong however after talking with the city attorney about the matter, we were able to get the charge reduced from the Felony to a Misdemeanor, and he will be on probation but he won’t be going to jail.

Again, is that the right thing to do?

Absolutely.

In this case, he was guilty of the crime but the punishment didn’t fit the crime. He would have gone to jail where he wouldn’t be able to work and support his family. He did have a rough youth but he had put that behind him, he deserved a second chance. Again hiring a Michigan criminal defense attorney or Michigan drunk driving attorney will make big difference.

Driver Accused of Operating School Bus While Drunk Children were on board the vehicle during Michigan DUI arrest.

According to Mlive.com, Jennifer Lynne Moore, 47, of Coloma, is charged with one count each of felony operating a motor vehicle while intoxicated with occupants less than 16 years of age and misdemeanor second-offense operating a motor vehicle while intoxicated, Kalamazoo County Prosecutor Jeff Fink said.

Jennifer Lynne Moore was charged with DUI in Michigan, child endangerment and operating a motor vehicle while intoxicated with an occupant under the age of 16. Her blood alcohol content was .16%, more than 10 times the limit for a school bus operator.

Have you been arrested for a Michigan DUI and are looking for qualified Michigan DUI Attorney to handle your case?

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Drivers License Appeals in Michigan

By Mara J. Wegerski JD

Shepard Law Office PLC

If you have lost your license there is a way to get it back! Michigan has set up an appeals process through the Driver’s License Appeal Division (DLAD) of the Department of Motor Vehicles. This process differs depending on why you actually lost your license, but can be used by any person who does not currently have a license or has tried to have their license re-instated and has been denied.

If you have lost your license due to an alcohol related offense there are several steps that must be taken prior to filing a DLAD appeal. First the person must successfully complete an alcohol evaluation and demonstrate that they have stopping using alcohol, completed alcohol therapy, show that they have regularly attended an alcohol support groups, provide letters from family and friends demonstrating a change in that person’s lifestyle and how being alcohol-free has impacted their life. Finally the person requesting the appeal must show a genuine need to get their license back.

If you have lost your license due to a driving on a suspended or revoked license ticket or some other traffic offense related citation you will be notified of a date when you will be eligible to get your license back. You may appeal to DLAD prior to this date; however only under exigent circumstances will your appeal be granted.

If you have lost your license and need to get it back please do not attempt to do so on your own! There are many minor details that are required to ensure that your appeal is successful!

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By: Matthew C. Shepard

Attorney & Counselor

Shepard Law Office PLC

There is no such thing as a criminal expungement in Michigan. In Michigan the proper term is a “Motion to Set Aside a Conviction”. With this said, who is eligible for an “expungement of your criminal records in Michigan”?

1. Only have one criminal conviction on your record (the one you want set aside).
2. Five years have passed since the last action was taken on the matter. This means that if you were on probation, five years have passed since you were taken off probation, not the date of conviction.
3. Does not fall under one of the crimes that specifically listed as non-dismissible crime - this includes sexual offenses and drunk driving.

If you meet all the requirements then a notice would be filed with the court where the conviction occurred. You would submit fingerprints, then the Attorney General, Prosecutor and the Michigan State Police would be contacted, approximately 90 days later a hearing would be held.

Eligibility does not guarantee the motion will be approved, preparing for the hearing is as important as meeting the eligibility requirements, the hearing is the only opportunity where either you or your attorney will have the opportunity to explain to the judge not only that you are eligible but why the motion should be granted.

If the motion is granted, what affect does this have on the application?

1. The conviction is removed from your public record, a non-public copy is maintained for law enforcement.
2. When you are asked on a job application if you have ever been convicted of a crime, you can answer “no” truthfully.
3. If the prior conviction was for a felon, certain privileges that you were barred from doing are lifted.

In conclusion, if you want to expunge your criminal record in Michigan, filing a motion to set aside the conviction may be an option for you.

By Mara J. Wegerski

Attorney & Counselor at Law

Shepard Law Office PLC

There are many of ways an Operating While Intoxicated (OWI) conviction can restrict and potentially ruin your life. One way many do not think of is access to Canada.

When you approach the border to Canada you are subjected to a quick license check. This check shows your criminal history to the Border Patrol. There is a long list of offenses that will keep you out of Canada and one of them is drunk driving – this includes convictions or pleas for Operating While Intoxicated, Operating Under the Influence of Intoxicating Liquor or any illegal substance as well as Operating While Impaired.

If you need to go to Canada for any reason, and you have one of these offenses, you need to request permission from them by applying for criminal rehabilitation. This process is similar to an expungement in the US legal system.

In order to apply for rehabilitation you cannot be on probation or parole for any reason.

The application itself requires letters from the Courts where you have been convicted, several sets of fingerprints along with a laundry list of other documents. You want to make sure that you have all the required paperwork prior to submitting your application process as it may take up to a year for a decision to come down.

Obviously, the way to avoid this problem is not to get an OWI, however, if you do seek legal assistance. There are more restrictions than you think!

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