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Drunk Driving (Operating While Impaired)
If you are charged with Drunk Driving (which is called operating while impaired (OWI) in Michigan) do not assume you will be convicted. Please do not retain an attorney that only discusses plea options at the initial meeting. Every OWI case is different and every OWI case has a defense. In my experience, in order to achieve the best possible outcome you must be prepared to fight for your rights. To obtain a great result, be prepared to challenge the stop, arrest and any evidence that the city or county prosecutors plan to use against you.
Below are some of the successful defenses I have raised in OWI cases.
Police car video did not match police officer's testimony
The police officer testified that he stopped the driver because he observed multiple traffic violations; However, the police car video contradicted the officer's testimony.
RESULT: the misdemeanor OWI charge was dismissed by the trial judge.
Police car audio contradicted police officer's testimony
The police officer testified that he performed a Blood Alcohol Content (Datamaster) test. However, the police car audio demonstrated that another uncertified officer administered the test.
RESULT: the felony OWI charge was reduced to a misdemeanor with time served.
Foreign substance in mouth affected the Blood Alcohol Content results
The police officer performed a preliminary breath test at the scene of the arrest without first ensuring that the driver did not have anything in the driver's mouth. The police car video showed that the driver had a foreign substance in the mouth prior to the test.
RESULT: the misdemeanor charges were dismissed.
Gastroesophageal Reflux Disease (GERD)
The driver was diagnosed with GERD which has the potential of affecting the results of the Blood Alcohol Content tests. The police officer failed to ask the driver regarding any medical conditions that might affect the BAC results and then failed, on multiple occasions, to appear at the motion to suppress hearing.
RESULT: the misdemeanor charges were dismissed.
The Datamaster machine did not properly administer a verification test
The Datamaster machine used to test the blood alcohol content failed to conduct a proper confirmation test and the police officer did not follow the administrative procedures to ensure the machine was working properly.
RESULT: the misdemeanor charges were dismissed.
The Datamaster logs had a discrepancy
The police must maintain records for every Datamaster machine that tests for Blood Alcohol Content to ensure the alleged accuracy and maintenance for that machine. The police failed to keep accurate Datamaster records and may have improperly post dated and re-signed the Datamaster logs.
RESULT: the misdemeanor charges were dismissed.
No attorney can guarantee any result. The victories I listed above are only a small sample of the wide range of OWI defenses that can be raised. I have appealed Michigan OWI cases from District to the Circuit Courts, the Michigan Court of Appeals and to the United States Supreme Court. I can guarantee that I will raise every possible defense in your case.
I pride myself on offering the best legal service possible for an affordable price. Please compare my results against any attorney that handles OWI cases.
