Canton Police stopped our client for what they believed to be suspicious behavior. After a brief investigation the Canton Police arrested our client for Operating While Intoxicated. His case was heard at Canton’s 35th District Court by Judge Lowe located in Plymouth.
Our client, a 40-year-old resident of Illinois that works in Michigan, was incredibly concerned about his driver license. If he lost his license it would be impossible for him to get to work here in Michigan and he would lose an excellent career with one of the Big 3.
He made the right choice and called Canton OWI lawyer, Aaron J. Boria at (734) 453-7806.
We obtained an amazing result for the client. Our client got to keep his driver license so he can continue to commute from his home out-of-state to here in Michigan.
Many people convicted of a drinking and driving charges in Michigan will receive some jail time. Almost all of them will receive reporting probation where they have to come to the courthouse at least once a month to meet with probation; this can go on for two full years. Our client won’t have to do either. All our client has to do is five days of community service, a one-time education class and that is it, and stay out of trouble for six months under non-reporting probation.
If you have been accused of drinking and driving in Canton and have an OWI charge at the 35th District Court, or anywhere else in Michigan, call Canton Lawyer, Aaron J. Boria at (734) 453-7806 or email him directly at BoriaLaw@gmail.com.
Canton OWI – Canton Drinking and Driving
Our client, not familiar with the area and trying to find a friends house, pulled into some businesses off of Ford Road in Canton to put an address into his GPS. The businesses were closed. A Canton officer was patrolling the same area and saw our client parked out front. As soon as our client saw the cop he waived at him and took off. The officer, believing this to be a high crime area, and observing a vehicle parked at a closed business initiated a traffic stop believing that he had probable cause that our client was about to commit a crime.
Now, I believe that this is a bad stop, but in the past Judge Lowe at the 35th District Court has upheld what I would consider to be worse stops for the same reason.
Once the Canton officer approached the car he believed he could smell alcohol on our client’s breath. Our client admitted to drinking and the Canton Police ordered him out of the car to preform field sobriety tests.
Our client did mediocre on the sobriety tests, but he made the fatal error of agreeing to submit to a Preliminary Breath Test (PBT). The results of the PBT were over .08 and our client was arrested for Operating While Intoxicated.
Never, never, never take the preliminary breath test. This is the test that is offered or ordered on the side of the road prior to being taken back to the station. If you refuse the test it is only a $200 fine, but could keep you from getting charged with a DUI, or keep you from getting convicted for one. An arrest can be made in whole or in part based on the preliminary breath test.
The PBT is not the test at the station or blood draw by a nurse. If you are read your implied consent rights that you will likely want to submit to that test as a refusal results in a one-year suspension of your driver license. I guess if your license is already suspended and you have nothing to lose then maybe you should consider refusing that test as well. Less then half of the cops out there would probably allow you to call your attorney when deciding whether or not to submit to the implied consent test. Every case is different; this should not be taken as a hard line rule.
After our client was arrested he was taken back to the station where he submitted to a chemical test under the implied consent law. His blood alcohol again came back over the legal limit. He was kept in the jail until the next day in order to sober up.
35TH District Court
All criminal cases, misdemeanors or felonies, will start in Canton will begin at the Canton District Court, or more commonly known as the 35th District Court.
The 35th District Court is location in Plymouth Michigan on Plymouth Road about a half mile from Aaron J. Boria, PLLC.
The 35th District Court has three judges and they are Judge Gerou, Judge Plakas, and Judge Lowe.
As mentioned above, Judge Lowe heard our client’s OWI matter.
The first court appearance is the arraignment. The arraignment is where the judge formally tells you what you have been charged with and what the maximum penalty is that the court can dish out.
The court tells you what you have been charged with even though you might have a ticket with the charge on it because charges can change. The prosecutor can add or increase charges prior to you getting to court is they choose to, so if you blew over a .17 and you were charged with OWI rather than OWI High BAC don’t get your hopes up, there is every good chance the prosecutor has increased the charge by the time you see the judge.
Another thing that could occur is that the cops search your car after you leave the station with your ticket and they find drugs. When you go to court the prosecutor will likely have added a drug charge and the judge is going to let you know.
Canton OWI Lawyer
In this particular case, Canton Lawyer, Boria filed documents to waive the arraignment. This saved our client an unnecessary trip to court so he wouldn’t have to miss work. It also saved him bond conditions such as going to JAMS every day and being screened for alcohol while the case progressed.
Most OWI charges will take four or more court appearances. With our client living out of state we wanted to be able to resolve this case as fast as possible. We actually were able to resolve all of the court matters in one morning.
Our client’s charges was reduced in order to save his driving privileges, reduced his points, and saved him well of a thousand dollars between fines and costs to the state and the court.
If you have been charged with a crime call Canton Lawyer, Aaron J. Boria. We fight for our clients and we get results that other so-called criminal lawyers simply cannot. Call (734) 453-7806 or email firstname.lastname@example.org to see if we are taking on new cases.