What are the elements of a Michigan OWI, Operating While Intoxicated Charge?

By Attorney James Czarnecki|Czarnecki & Taylor PLLC|OCT 24, 2022

As experienced attorneys, we have a great deal of expertise in OWI law. This article will discuss the legal elements a prosecutor must prove when someone is charged with operating a vehicle while intoxicated or under the influence of another substance. If you are facing a driving under the influence of alcohol or drugs, you should understand the elements of a Michigan OWI.

One of the first things to understand about a Michigan OWI charge, or any operating under the influence charge, is that it can be based on several types of evidence. For example, suppose the police pulled you over, and they found alcohol in your car or detected the odor of alcohol coming from your breath. In that case, they may determine that you were intoxicated at that point based on these observations. However, there are also situations where chemical tests such as breath tests or blood tests may assess intoxication levels.

What should you do if you failed a drug test while on probation in Michigan?

By Attorney James Czarnecki|Czarnecki & Taylor PLLC|Nov 1, 2022

If you fail a drug test while on probation, there are several consequences you may have to deal with in court. Probation officers will notify the judge of the violation. The judge will then determine whether to extend your probation period, sentence you to jail, or add other conditions. You may also be required to attend drug rehabilitation classes and counseling sessions as part of a mandatory treatment program. However, before the judge can sentence you for a violation, you are entitled to a hearing.

What is a crime of False Pretenses in Michigan?

By Attorney James Czarnecki|Czarnecki & Taylor PLLC|OCT 23, 2022

The crime of Michigan false pretenses is a very common crime prosecuted in the state. To commit the crime of false pretenses, someone must intentionally mislead another person to get something of value from them. False pretenses is defined as obtaining property through fraudulent means or representations. This could include lying about your identity or qualifications to get items from someone else, such as money or possessions.

This article looks at the basics of Michigan’s false pretenses law, including what it is, what elements are required for a conviction, and potential penalties. Under Michigan law, false pretenses is defined as intentionally deceiving someone to obtain money or property from them. This offense can be charged as either a misdemeanor or felony, depending on the value of the money or property stolen, with more severe penalties reserved for higher dollar amounts. While having strong legal defenses is essential for defending against charges of false pretenses, it is also important to understand how this charge can impact your life.

What are the consequences of a Michigan Probation Violation?

By James E. Czarnecki II| Czarnecki & Taylor PLLC| OCT 21, 2022

If you have been convicted of a criminal offense and are on probation, it is important to understand the consequences that can arise in a Michigan probation violation.

A Michigan probation violation typically occurs when an individual fails to meet one or more of the conditions imposed by the judge as enforced by the probation officer. Some common examples include missing appointments with your probation officer, failing to report for drug testing, testing positive, failure to pay fees, engaging in new criminal activity, associating with known criminals, or leaving the state without permission.

What is a Michigan Driver’s License Revocation and how to fix it.

BY: Attorney James Czarnecki| Czarnecki & Taylor PLLC| OCT 19, 2022

What is a Michigan driver’s license revocation? In Michigan, your driver’s license can be suspended or revoked for different reasons. The SOS will suspend your license if you fail to pay your tickets on time or miss a traffic hearing court date. After the suspension expires, reinstatement is usually automatic, that is, after you pay a reinstatement fee. In contrast, if you’re convicted of serious offenses, your driving privileges will be revoked. With a revocation, reinstatement is not automatic. You will have to take additional steps to get your license reinstated.

Michigan Driving While License Suspended or Revoked (DWLS/DWLR) – primary differences

By Attorney James Czarnecki| Czarnecki & Taylor PLLC| OCT 18, 2022

Unlike a traffic ticket, which is a civil infraction, a Michigan driving while license suspended or revoked is a criminal offense. A DWLS/DWLR will have significant consequences on your driving privileges. If you are convicted of DWLS or DWLR, you will have to appear in court and face fines, costs, and possible jail time. In addition, the Michigan Secretary of State will take action against your license, which could result in additional suspensions/revocations and points.

Help for driving on a Michigan suspended license-DWLS

By Attorney James Czarnecki| Czarnecki & Taylor PLLC | OCT 15, 2022

Driving on a suspended license in Michigan can be a vicious circle of additional suspensions, fines and costs, arrests, and possible jail time. Additionally, having your driver’s license suspended makes it much more challenging to get around and carry out daily activities, which can seriously impact your personal and work life. More on what is a Michigan DWLS charge.

What To Expect During Your First Consultation With A Michigan OWI Attorney?

By Attorney James Czarnecki| Czarnecki & Taylor PLLC | OCT 14, 2022

What Should You Expect In Your First Consultation With A Michigan OWI Attorney? — What should you expect in your first consultation with your Michigan OWI attorney.

What to Expect When Meeting Your Michigan OWI Attorney

When facing Michigan OWI charges, you must consult with a knowledgeable attorney as soon as possible. During your initial consultation, an experienced attorney will listen to the details of your case and discuss how they can help you. Below are some things you can expect during this meeting.

Necessity Defense to Michigan Drunk Driving – I had no choice but to drive drunk.

By Attorney James Czarnecki|Czarnecki & Taylor PLLC|NOV 4, 2022

When can you use the necessity defense to a Michigan OWI charge?

In most Michigan OWI cases, the defense will argue that reasonable doubt exists on one of the elements of the offense. Other times lawyers will argue that the police did not have a reason to stop you. But, what if there is a defense where you admit you drove drunk but still should not be found guilty of a Michigan OWI? This would be a defense based on necessity. Czarnecki & Taylor has used the of necessity in multiple drunk driving cases.

What is a Michigan DWLS charge?

By Attorney James Czarnecki|Czarnecki & Taylor PLLC|NOV 4, 2022

If you are facing a Michigan DWLS (driving while license suspended) charge, it is important to understand what this charge means and the possible penalties you may face.

A Michigan DWLS charge can be a misdemeanor or felony, depending on the circumstances. If caught driving on a suspended license, you may face serious penalties, including jail time, fines, and loss of your driver’s license. A DWLS charge is a criminal offense in Michigan and can result in up to 93 days in jail and a $500 fine. The punishment for a subsequent violation could include imprisonment for not more than one year, a fine of not more than $1,000.00, or both.