What is a Michigan implied consent driver’s license suspension?

By Attorney James Czarnecki|Czarnecki & Taylor PLLC|NOV 13, 2022

A Michigan implied consent driver’s license suspension is when the SOS automatically suspends a person’s license for refusing to take a chemical test when pulled over on suspicion of drunk driving. If the police arrest someone for DUI, they will ask you to submit to a chemical test to determine your blood alcohol content (BAC). If you refuse this test, your license will be suspended for one year. If you have a prior refusal on your record, or if you are under the age of 21, your license will be suspended for two years. There are some ways to avoid this suspension and you will need the help of an attorney.

A Michigan Third Offense OWI is a felony.

By Attorney James Czarnecki|Czarnecki & Taylor PLLC|NOV 9,2022

What you need to know about a Michigan third offense OWI felony charge.

A Michigan third offense OWI felony is a serious charge that can have severe consequences for those convicted. If someone has two or more prior drinking and driving offense when arrested for another OWI, they will be charged with a felony.

Like other OWI offenses, a Michigan third offense felony has harsh penalties, including mandatory jail time, steep fines, and driver’s license revocation, vehicle immobilization and more. Those convicted of a felony may face severe consequences, such as difficulty finding employment or housing because of their criminal record.

Why does Michigan take these charges so seriously? One reason is that driving under the influence poses a significant risk to public safety, putting both drivers and pedestrians at risk of serious injury or death. Repeat offenders are flagrant violators of Michigan’s drunk driving laws.

If you are charged with a Michigan third offense OWI felony, it is important to seek legal counsel as soon as possible. A qualified criminal defense attorney can help guide you through the complex legal process and advocate on your behalf in court. With the help of an experienced lawyer, you can protect your rights and future possibilities from being undermined by a conviction.

A Michigan OWI will negatively impact your CDL.

By Attorney James Czarnecki|Czarnecki & Taylor PLLC|NOV 6, 2022

As a professional driver, getting arrested for an OWI can have serious consequences on your career. Not only will you face severe legal penalties and potentially even jail time, but your commercial driver’s license (CDL) could also be suspended or revoked, which could make it impossible for you to continue working in your field. If you are facing an OWI charge and your CDL is at risk, it is important to seek legal counsel right away in order to protect your rights and work towards a positive outcome.

Why sober people fail Michigan field sobriety tests.

By Attorney James Czarnecki|Czarnecki & Taylor PLLC|NOV 6, 2022

Sober people can fail Michigan field sobriety tests.

First, what are field sobriety tests?

Sobriety tests are designed to assess a person’s level of intoxication. Field sobriety tests typically involve performing various physical and mental tasks in order to determine whether the person is under the influence of alcohol or some other substance. While these tests can help a police officer, sober people can fail them as well. In this blog, we will discuss some reasons sober people fail Michigan field sobriety tests and why their results should be viewed with caution. The most shocking fact is that there is no conclusive evidence that a sober person will perform better on a field sobriety person than a person who is impaired by alcohol.

Police uses field sobriety tests, sometimes called roadside tests, when they suspect that a person is operating while intoxicated, OWI in Michigan. An officer asks the individual to perform specific tests while noting the person’s balance, coordination, attention to instructions, etc. The officer will record the results to support probable cause for an OWI arrest.

What to expect if you are charged with a Michigan Retail Fraud.

By Attorney James Czarnecki|Czarnecki & Taylor PLLC|NOV 5, 2022

If a store catches someone shoplifting, the prosecutor will charge them with retail fraud. A retail fraud conviction can have drastic consequences on a person’s career because employers are hesitant to hire someone with a conviction for theft and dishonesty. While the crime may not seem serious, the consequences are far-reaching.

Never talk to the police without a lawyer.

By Attorney James Czarnecki|Czarnecki & Taylor PLLC|NOV 2, 2022

If you are a suspect or have been arrested, never talk to the police.

If you are a suspect or have been arrested by the police, do not make a statement without first consulting with a criminal defense attorney. You cannot talk your way out of a criminal charge, so don’t try it. The police want to speak with you so that you can make their job easier. They want a confession or admission.

Many people know they should not talk to the police without an attorney. It is a simple rule, and many people know it well. However, despite this knowledge, too many people talk to the police because they do not want to appear guilty. People also mistakenly believe that if they hire a lawyer, the detective will assume they have something to hide. That isn’t true.

This article explains the many reasons you should not talk to the police without an attorney, even if you are completely innocent.

What happens at a Macomb County probation violation hearing?

By Attorney James Czarneck|Czarnecki & Taylor PLLC|OCT 31, 2022

In Michigan, court may place someone on Macomb County probation after a conviction. The Michigan Legislature states that “the granting of probation is a matter of grace conferring no vested right to its continuance.” Essentially, the law states that a defendant does not have a right to probation. The court can revoke a probationary term if the probationer violates any of the conditions set by the court. Revocation of Probation Statute.

One of the biggest concerns for many individuals placed on probation is a violation hearing. This can be a very nerve-racking situation and one that could have a drastic impact upon your life. For example, the court could put you in jail or revoke a special status where the court puts the conviction on your record. This article describes what you can expect from a Macomb County probation violation. The following information applies to both district court and circuit court violations.

Specific ways a criminal lawyer can help with your Macomb County probation violation.

By Attorney James Czarnecki|Czarnecki & Taylor PLLC|OCT 31, 2022

A Macomb County probation violation can be very difficult and quite stressful. If you are currently facing such a situation, you will need to hire an attorney who is well-versed in this type of legal matter immediately. Many factors go into defending against a probation violation, including what occurred leading up to the alleged violation. Probation violations can be complicated, so having legal representation could help avoid the violation or minimize the penalties you may face if convicted.

This article explains how an experienced criminal defense attorney can help you at a probation violation hearing. If you have been charged with a probation violation, it is vital to work with a skilled criminal defense attorney who can help you navigate the complex legal system and ensure that your rights are protected. A criminal defense attorney will assess your case and determine the best action to defend against the charges. Sometimes, this may entail negotiating a plea deal or litigating the matter in a violation hearing.

NyQuil use as a defense for a positive alcohol test while on probation.

By Attorney James Czarnecki| Czarnecki & Taylor PLLC|OCT 30,2022

NyQuil’s use as an alcohol test defense is offered as a way to explain a positive test for probation and interlock violations. While NyQuil contains alcohol, the effect should not be enough to produce a positive alcohol test result when used properly. The results would be negligible at best.

There are many reasons you should not use NyQuil as a defense for a positive alcohol test while on probation. First and foremost, the courts have heard this too many times. Using NyQuil as a defense against an alcohol test while on probation can actually make you look suspect in other ways. For example, will raise concerns about your overall sobriety, or suggest that you are trying to hide something from your probation officer.

The problem with NyQuil as an alcohol test defense is that the alcohol in a dose of NyQuil is too short-lived to produce a substantial blood alcohol level. NyQuil effects last for 2 hours before they subside entirely. Therefore, any test will capture your actual drinking pattern because the alcohol level would be at .00 a short time later.

What are the differences between a Michigan felony versus misdemeanor?

By Attorney James Czarnecki|Czarnecki & Taylor PLLC|OCT 29, 2022

Differences between Michigan felony versus misdemeanor.

When people are charged with a crime, they want to know the maximum penalty they may face. The answer depends on whether they are charged with a Michigan felony versus misdemeanor. Additionally, a sentence is determined by a defendant’s criminal history, relationship with the criminal justice system such as on probation or parole, whether they are currently incarcerated, restitution, and victim statements, among many other factors. But, the primary factor is whether they are charged with a Michigan felony versus misdemeanor.

Michigan crimes are classified as either felony or misdemeanor.
This article will exlain the difference between a Michigan felony and misdemeanor and its impact on a possible sentence.