This article describes the steps you should take in the Michigan license restoration process. In Michigan, if you are convicted of two drinking and driving offenses within 7 seven years, or 3 within 10 years, your license will be revoked. If you have a “2 within 7” you lose your license for a year. A “3 within 10” results in a 5 year revocation. You will have to appeal to the Driver’s Assessment and Appeal Division (DAAD) to get your license back.
Losing your license is a burden. You cannot drive anywhere you want to go, at least not legally. If you are caught driving while your license is revoked you will have to wait for the original revocation time to end and then serve a “like kind” revocation of 1 or 5 years. Also, your loss of driving privileges is not only a burden on you but on family and friends as well. They have to become your taxi. Life gets seriously complicated without a license.
CZARNECKI & TAYLOR are experienced Macomb DUI defense attorneys. We do, however, handle drunk driving cases in Wayne, Oakland, and St. Clair counties. We have seen many drunk driving cases over the years. Our experience, has shown that drunk driving cases are subject to some tried and tested defenses. The best way to beat a drunk driving offense is to have an experienced attorney recognize these defenses and know how use them effectively.
An experienced Michigan appeal lawyer is a chance for hope after an unfair or wrongful conviction. Appeals are an important part of the criminal legal system. A conviction does not have to be the last word in a criminal case. If a jury wrongly convicted someone, if the trial was not fair, or if the sentence imposed does not comply with law, a defendant may have legal remedies to attack the case. An appeal can be newfound hope in the hands of a skilled Michigan appeal lawyer.
An appeal is a complex and difficult area of criminal law. An appeal must be done correctly because once the appeal process has ended, a defendant is not entitled to another. The door to legal remedies can be permanently closed. This is why it is important to hire an experienced Michigan appeal lawyer to perfect a criminal appeal. I have had many people write me from prison asking if I can file another appeal for them because their appellate attorney did not raise a variety of legal issues. I have been able to pursue other post-conviction remedies after the appeal door has closed, but there are significant hurdles to overcome.
If you are charged with a Michigan Domestic Violence crime, there is a chance to keep if off of your criminal record. Relationships, marriages, divorces, household resident living, can give rise to heated emotions. Police officers often say that a domestic violence call can be one of the most dangerous police call because emotions run high. When feelings are involved people may do things they would not ordinarily do. In this article we are discussing domestic violence.
The Michigan Legislature has understood that people may act without thinking or with emotion rather than reason in a domestic violence situation. With that understanding, the legislature has enacted MCL 769.4a. In part the statute states the following:
I want to start this article off by saying that most cases in the State of Michigan and in the federal courts are resolved by plea deals. The truth is most criminal cases do not go to trial. If every case went to trial the criminal justice system would grind to a halt. While some cases should go to trial, the fact is a negotiated plea deal can be in your best interest. Your attorney cannot force you to accept a plea deal. You always maintain your right to go to a trial.
I want to dispel one myth at the very beginning of this article. Some defendants say that “my attorney wanted me to cop a deal” as if this is a bad idea. I also want to say one other thing up front. Do some attorneys want their clients to accept a plea deal so they can close the case? The answer is: Yes. Is it wrong? Again the answer is – yes.
But, because some attorneys lack integrity does not mean that a plea deal is not in your best interest. You have to have trust in the attorney that you hire. The truth is a very good plea deal can save you jail time, reduce charges, avoid a conviction, and save you money in fines/costs and legal fees. The purpose of this article is to explain how a plea deal can be in your best interest.
An experienced Michigan criminal appeal lawyer fights for fairness. Everyone in the United States accused of a crime has the fundamental right to a fair trial. Unfortunately, this does not always happen. In many criminal cases lawyers and judges make mistakes that deprive a person of a fair trial. Fortunately, anyone convicted of a crime has the opportunity to appeal his or her conviction to correct an unfair result. A Michigan criminal appeal lawyer seeks to achieve to correct an unjust result. Often a conviction can be overturned, a new trial can be granted, a sentence can be reduced, among other remedies.
This article is about the criminal appeal process from an experienced Michigan criminal appeal lawyer. The process is complicated and does require a great deal of explanation. Unlike a trial, the appeal process is focused on correcting any legal errors that have occurred during a plea or trial. This article is an introduction into the Michigan appeal process. the primary focus is on an appeal by right, that is, an appeal after a jury returned a guilty verdict.
In the State of Michigan, the courts and the Secretary of State can require that you operate your motor vehicle only after an ignition interlock device has been installed. The following cases typically require installation of the ignition interlock:
OWI with a BAC > .17 (Super Drunk): In Michigan, people who are convicted of a drinking and driving offense with a BAC of .17% or greater are charged as “Super Drunk” The license restrictions are as follows: Suspended license for 45 days and 320 days of driving with a restricted license. You will be required to have a breath alcohol ignition interlock device (BAIID) installed during the restricted driving period.
As an experienced Michigan Driver’s license restoration attorney I can state with certainty that medications can cause a positive test for alcohol with an ignition interlock device. One of the most used excuses is the Nyquil defense. Yes, Nyquil can cause a positive test for alcohol. The Nyquil defense rarely works. It does not hold up to scrutiny.
The following is a very basic explanation as to why the Nyquil defense does not work. A person’s BAC (blood alcohol content) reduces about 0.02 an hour once a person has stopped drinking. Nyquil contains 10% (perhaps up to 25% in some reports) alcohol. Even if you drank a whole bottle of Nyquil, your BAC would barely get to 0.02, especially the next morning. However, it could if you drank several bottles of the medication. If you admitted that you did drink several bottles of Nyquil, the hearing officer would believe that you were abusing the substance. After all, if you have an interlock device in your car, it is because you have lost your license due to drinking and driving offenses.
In any event, considering that the body eliminates alcohol at a rate of .02 per hour, you would not test .02 in the morning several hours later, let alone test any higher than .02, that is, unless you drank many bottles. Your body would eliminate the Nyquil by the time you would have to test. As a Michigan driver’s license restoration lawyer, you should trust me when I say that the courts and Secretary of State hearing officers do not accept the defense based upon the body’s elimination rate of alcohol.
I do agree that you could get a high alcohol reading if you just consumed Nyquil and immediately tested with the interlock device. But, why put yourself on the defensive having to prove that you did not drink liquor. Since, Nyquil does contain a high amount of alcohol you should not use Nyquil when you are alcohol testing. It is much better to avoid the problem altogether. There are alternatives on the market that do not contain alcohol.
We at Czarnecki & Taylor handle many Driving While License Suspended (DWLS) cases. It seems a large part of the cases moving through the court system are for DWLS. I believe that the system tends to keep people in a vicious circle of costs. For example, a person gets a ticket, forgets to pay it, does not hire a lawyer to resolve the matter, or does not have the money to pay it. As a result, his or her license gets suspended. Eventually because the person needs to drive, he or she gets stopped and cited for DWLS. It never fails to happen. The cycle then continues. We want to break that cycle and relieve the stress of driving without a valid license. No one wants to drive while looking over his or her shoulder constantly.
If you have been arrested for a first offense DUI in Michigan, dealing with the police, courts and prosecution can be quite stressful. This article is written to help answer some of the questions that you may have. Additionally, we hope to alleviate some of the stress you are feeling by explaining what you might expect to occur in your case.