Driver Assessment and Appeal Division

The Michigan Secretary of State Driver Assessment and Appeal Division is charged with holding hearings to determine if a revoked driver should have his license reinstated.

The requirements for a DAAD hearing are the following:

Form SOS-257

Substance Abuse Evaluation

10-Panel Drug Screen

3 Letters of Support

Once all of the documents are completed and sent to the secretary of state in Lansing a hearing date will be scheduled.

What are the chances of winning a hearing with the DAAD?

We have handled countless Driver Assessment and Appeal Division hearings, and to date we have won every hearing we have handled for clients from the beginning to end.

Many people believe that they are unwinnable but that simply is not the case. Many people attend the hearings unrepresented by a lawyer – a poor choice. Having a skilled lawyer can make all of the difference.

Contact driver license lawyer, Aaron J. Boria today (734) 453-7806

Possession of Marijuana Penalties

In Michigan, Possession of Marijuana is a misdemeanor is illegal under the public health code, MCL 333. 7403, and is punishable by up to 1-year in jail and a fine of up to $2,000.00.

Marijuana and Student Loans

A marijuana conviction will also prevent you from being eligible for federal guaranteed student loans. Federal aid is suspended on the first offense for 1 to 2 years and can be revoked for subsequent offenses.

Marijuana and Your Driver License

Your license will be suspended for 6 months on a first offense and 1 year on a second offense for a marijuana conviction.

Michigan Marijuana Defense Lawyer

At Aaron J. Boria, PLLC, We have successfully dismissed countless marijuana convictions, saved driver licenses, and made sure that student loans were still intact.

Recent Criminal Defense Success

A client came to use after being stopped by the police. The reason for the police interaction was legal, as was the search and the arrest. The client was charged with possession of marijuana and possession of paraphernalia. When he came to our firm he informed us that he commuted to college and was on financial aid, and that the future career he was going for would not tolerate a drug conviction. The case was heard at the 35th District Court in Plymouth.

We are happy to report that both charges were dismissed. In addition to that, no one will ever even know that he was arrested for possession. There will be no lapse of driving privileges or financial aid. His future career in the health profession is no longer at risk.

If you have been charged with a possession of marijuana or some other crime contact criminal defense lawyer, Aaron J. Boria (734) 453-7806.

What is the burden of proof?

Unlike a criminal trial where the burden of proof is beyond a reasonable doubt, the burden in a preliminary exam is probable cause; as mentioned above probable cause that a crime was committed and that the defendant probably committed it.

What is the purpose of a preliminary examination?

The legal theory of a preliminary examination is that they weed out the bad cases that were over charged or should have never been charged.

When is my preliminary exam?

Under Michigan law, as a defendant, you are entitled to a preliminary examination within 14 days of arraignment. For good cause you do have the option of waiving the preliminary examination 14-day period and holding it later. One good reason for good cause is so that your lawyer has enough time to prepare.

Can I wave a preliminary exam?

Yes, but the prosecuting attorney has to agree to the waiver.

Do rules of evidence apply at the preliminary examination?

Yes, like most formal hearings the Michigan Rules of Evidence do apply at preliminary examinations. Which means your attorney can object for violations of the hearsay rule and for other reasons.

Where is my preliminary exam?

In Michigan, the district court that has jurisdiction where the crime occurred will hold the preliminary exam.

What happens after the preliminary exam?

At the end of the preliminary examination the district court judge must make a determination, if there is enough evidence to bind the case over to the circuit court or if there was insufficient evidence and the case should be dismissed.

What does bind over mean?

If the judge determines there was enough evidence to bind the case over then the case will go from the district court to the circuit court.

If you have been charged with a crime contact criminal defense lawyer, Aaron J. Boria today (734) 453-7806.

For more information on preliminary examinations click here.

For more information of felonies click here.

Drinking and driving in Michigan is admittedly one of the harder types of crimes to defend if you don’t know what you are doing. Which is all the more reason you need a drinking and driving lawyer and not just some local yokel.

Drinking and Driving Lawyer

If you have been charged with drinking and driving you need an attorney that knows how to fight.

There are many ways to fight a drinking and driving charge if you know what you are doing.

Did the police have a reason to stop you while you were driving? If not, the evidence should be suppressed and the case dismissed.

Did the police have a reason to arrest you for drinking and driving? If not, the arrest should be suppressed and any evidence against after the arrest should also be suppressed and the case dismissed.

This can include incorrect  field sobriety testing or poorly executed field sobriety testing. This can also include miranda issues. The bottom line is that police need to file the law and if they don’t the consequence is suppression of evidence.

Did the police administer chemical testing properly? If they did not it could mean that evidence will be suppressed and case dismissed.

Operating While Intoxicated in Michigan

Drinking and driving is a classification of crimes in Michigan that include a motor vehicle and driving under the influence of some intoxicating substance. The most common offense is OWI also known as Operating While Intoxicated. Other common offenses include High BAC or Super Drunk and Child Endangerment.

Common penalties include 93 days to 1 year in jail for misdemeanor and more for felonies. Other penalties include driver license consequences, fines, community service, etc.

Criminal Defense Lawyer

If you have been charged with a crime contact criminal defense lawyer, Aaron J. Boria, PLLC. We know drinking and driving, we fight for our client and we protect their rights. Call us today for a free consultation (734) 453-7806.

In roughly half of the domestic violence criminal matters our office handles the alleged victim will contact us asking if they can have the charges against their significant other dismissed; unfortunately, the answer is often “no”. For this reason you need a lawyer that will fight for you.

Domestic Violence Charges Michigan

It is common for a couple to get into a heated dispute, sometimes there is mutual shoving, sometimes there is no touching at all and the police are called.

When the police arrive they will often separate the parties in order to diffuse the situation. Out of anger, or fear of their own arrest it is common for one of the parties to lie, embellish the facts, or leave out pertinent information, which results in the other person going to jail and being charged with domestic violence.

Can I Drop Domestic Violence Charges?

Domestic Violence is a criminal charge in the state of Michigan. This means that the matter at the court is not the Defendant versus the Complainant; it is the Defendant versus the state of Michigan.

It is the prosecutor’s case and the complainant is nothing more than a witness. Due to pressure to prosecute cases, prevent spousal abuse, and other factors prosecutors rarely dismiss a case just because the complainant asks them too.

Domestic Violence Lawyer

Criminal defense attorney, Aaron J. Boria has handled domestic violence cases all over the state of Michigan.  We have successfully had a number of domestic assault matters dismissed before trial. We have also taken domestic assault matters to trial and won.

If you or a loved one has been charged with domestic violence you need a criminal lawyer that will fight for you, someone that is not afraid to go up against the prosecutor or to push the judge to do the right thing, you need Aaron J. Boria.

Contact domestic violence lawyer, Aaron J. Boria today (734) 453-7806

The case was first heard at the 24 District Court in Allen Park, Wayne County, Michigan for the preliminary exam. The district court judge bound the case over to the Wayne County Criminal Court, the Frank Murphy Hall of Justice.  

Robbery Dismissed

Our client was charged with a life offence, armed robbery. She was also charged with felonious assault, retail fraud, and another felony theft crime. With her prior criminal history she was looking at over 100 months in prison.

We were able to work out a deal with the prosecutor where all charges would be dismissed with the exception of felonious assault. Her potential prison time was reduced to the possibility or jail.

At sentencing we were able to convince the judge to waive the jail time and grant probation for a host period of time – less than 2 years.

Detroit Criminal Defense Lawyer

If you have been charged with a robbery, assault, theft, or some other crime in the Metro Detroit area contact Detroit criminal defense lawyer, Aaron J. Boria. We fight for our clients and we get results. (734) 453-7806 

Domestic Violence in Michigan

Domestic Violence is an Assault and Battery that involves a relationship between the parties. They can be husband and wife, an intimate dating relationship, have a child in common or living in the same home.

False Report of Domestic Violence

In most cases we have come across where domestic violence has been charged there is usually an underlying conflict going on within the home. Rarely do we see a happy home where on one particular day there is an incident leading to domestic violence charges.

Often husband or wife will make a false report preceding a divorce or while a divorce is pending to gain leverage during the division of property and spousal support or during child custody actions.

We have also seen situations where an argument erupts, a situation gets heated, and someone calls the police on the other and lies out of anger.

Defenses to Domestic Violence

Often the crime was never committed and that is probably the most common defense. Self defense is often a common defense in these situations, for example: The initial aggressor calls the police after being struck or restrained in self defense and the innocent person is arrested.

Domestic Violence Lawyer

We are proud to report that we have had numerous domestic violence cases dismissed where our client asserted their innocence.

Jurors have sided with us in domestic violence.

In many situations of over reporting, but still having some culpability, we have been able to keep the conviction off of our client’s record.

If you have been charged with the crime of domestic violence contact criminal defense lawyer, Aaron J. Boria today (734) 453-7806

Drug Test Violation of Probation

Our client was drug testing 4 times per week for common drugs through JAMS at the Taylor location and occasionally Novi.

The allegation was that she had failed her drug test because she provided a diluted sample. The way drug testing companies such as JAMS test for this is by looking at a person’s creatinine and specific gravity.

Creatinine is a waste product of creatine, which is an amino acid found in muscle tissue and urine. A person may attempt to pass a drug test by drinking large amounts of water or diuretics such as herbal teas to “clean out” the system. Creatinine and specific gravity are two ways to check for dilution and cleaning, which are the most common way to circumvent drug testing. Low creatinine and specific gravity levels may indicate diluted urine. The absence of creatinine is suggestive of a specimen not consistent with human urine. The accepted level for creatinine in a male is 40-300 mg/dl and 37-250 for females.

Specific gravity tests for sample dilution. The normal range for specific gravity is from 1.003 to 1.030. Values outside this range could indicate specimen dilution or tampering.

Drug Test Violation Lawyer

Our client was smart and hired us to defend her at the violation or probation hearing.

Creatine levels as low as 17 can be common. It is also generally accepted that there are people out there that naturally have dilute urine.

A more simple cause of dilute urine is that the person drinks water prior to testing so they can urinate – imagine that!

Probation Violation Dismissed in Livonia

The probation agent in this case was receptive and willing to listen. She saw that there had been no dirty drug test and that the test in this case was only indicative of slight dilution. The probation violation was dismissed and our client walked out of court happy. We didn’t even have to go in front of the judge.

If you have been charged with a violation or probation due to drug testing or for some other reason contact criminal defense lawyer, Aaron J. Boria today (734) 453-7806.

Our client had been out in Plymouth at the Penn Bar and Grill having a few drinks with a friend. She thought she had a designated driver, but the driver ended up being the designated drinker. Our client made the mistake of agreeing to drive home and was charged with

DUI Lawyer in Plymouth

When someone is charged with drinking and driving we first look to make sure that all legal procedure were followed properly.

If the police do not have a valid reason to stop someone while driving then any evidence of drinking should be suppressed.

If the police do not have a valid reason to arrest the person of drinking and driving then any evidence of drinking should be suppressed.

If the police do not follow proper procedure when administering preliminary breath test or chemical test the results could be suppressed.

There are many other reasons to challenge a drinking and driving but these are probably the most basic.

Results from DUI in Plymouth

Our client was pulled over for not having her headlights on, which is a valid reason. She failed the field sobriety tests, admitted to drinking, and took the preliminary breath test revealing more than a .08 blood alcohol content, which is a valid reason to arrest for drinking and driving. Finally, she was taken back to the station where she submitted to a chemical test revealing more than twice the legal limit.

In this particular case the police did their job correctly and out client’s constitutional rights were not violated. This became more of a damage control case than anything, especially with the high blood alcohol of more than two times the legal limit.

We were able to convince the judge during allocution that this was an isolated incident, that our client learned her lesson, and that she would never repeat the behavior of drinking and driving. Not an easy task considering the judge is told this information more than 10 times per day.

Our client walked out of the 35^th District Court with 6 months of non-reporting probation and community service. It does not get much better than that when you have bad facts as we did in this case.

If you have been charged with drinking and driving contact DUI Lawyer Aaron J. Boria today (734) 453-7806 

Running a red light alone is 3 points, the sane as a carless driving offense.

Successful Michigan Speeding Ticket Lawyer

We successfully have save our clients huge amounts of money in fines, increased insurance premiums, and points on their driving record.

Michigan Traffic Lawyer Customer Service

At Aaron J. Boria, PLLC, we make it fast and convenient for your to hire a Michigan speeding ticket attorney to represent you. We appear in court on your behalf so that you do not have to miss work, school, or find a babysitter. We also take payments over the phone or through email so that you never have to come to our office or leave your house.

If you have a traffic infraction you would like to contest or simply save your self some points contact traffic ticket lawyer Aaron J. Boria today (734) 453-7806

We handle traffic matters all over Oakland County, Wayne County, Washtenaw County and more.