Its the holidays and the Michigan State Police are aggressively targeting drunk driving through a program called Operation Care or Combined Accident Reduction Effort. The amped up police patrols will run through Monday night.
Along with MSP, local police, including the Plymouth Police, will be out looking to make as may drinking and driving arrests as they can. If you are arrested for drinking and driving in Plymouth then your matter will be head at the 35th District Court in Plymouth. According to a court officer at the Plymouth District Court, they had over 50 video arraignments in the last two days for criminal cases including drunk driving.
If you have been charged with DUI at the 35th District Court then you need to call Plymouth DUI lawyer, Aaron J. Boria. Boria has won multiple trials at the 35th district court including DUI. Boria has also obtained countless reductions and dismissals at the 35th District Court. This even includes felony drunk driving cases being reduced to misdemeanors.
To speak with Plymouth DUI lawyer, Aaron J. Boria call (734) 453-7806.
Police will be looking to pull drivers over for any reason they can in order to try to make a drinking and driving arrest. Remember, if the police did not have a legal reason to stop you
Plymouth OWI Lawyer
If you have been arrested for drinking and driving in Plymouth then you will probably be formally charged with Operating While Intoxicated or OWI. OWI is the most common drinking and driving charge at the Plymouth 35th District Court.
OWI can be charged when a person’s blood alcohol level is .08 grams per 100 milliliters or higher. (.08 is illegal. Many people believe that .08 is legal but it is not .079 is the highest blood alcohol level you can have and still legally drive).
Plymouth Police take drinking and driving charges very seriously, in fact, the Plymouth Police would rather have someone found not guilty at trial then admit that they made a mistake when arresting someone.
The penalty for OWI in Plymouth is up to two years on probation, up to 93 days in the county jail, random alcohol and drug testing, drug and alcohol education, drug and alcohol therapy, 6 points added to your driving record $1,500.00 in driver responsibility, a fine of $500 plus mandatory state costs, probation oversight fees, crime victim’s rights fee, and the cost of probation and arrest.
For many, the worst penalty for operating while intoxicated is the one-month license suspension where you aren’t allowed to drive at all for any reason whatsoever. After the one-month driver suspension can drive but on restricted driving privileges for the next five months.
In order to prove your guilt, the Plymouth prosecuting attorney must be able to prove that you were driving an automobile on a public roadway or an area generally accessible to the public, with a blood alcohol level of .08 or higher.
When you are stopped by the Plymouth police for suspicion of drinking and driving they are going to ask you questions like, how much have you had to drink tonight? Or they will outright tell you that they can smell alcohol on your breath.
Police will then order you out of your car and order you to preform field sobriety tests. NHTSA has mandated three tests for officers to use that they can use a probable cause for drinking and driving.
The field sobriety tests are the walk and turn, one leg stand, and horizontal gaze nystagmus. It is also common for officers to ask people to count from one number to another, or recite the alphabet.
With the exception of the horizontal gaze nystagmus, the other tests are designed to divide the person’s attention, or as they call them, divided attention task. The field sobriety tests make the person do two things at the same time such as balancing while counting.
If police incorrectly judge a field sobriety test, or a person does the test correctly and is arrested anyway then it is a violation under the 4th amendment for illegal search and seizure. The remedy for an illegal arrest is that any evidence gained after, such as the breath test or blood draw must be suppressed. If the police cannot show the jury the breath test or blood test result then they cannot go forward with the charge of operating while intoxicated at trial.
Plymouth OWI Lawyer
Plymouth OWI lawyer, Aaron J. Boria has been defending those accused of drinking and driving for over six years. Case after case, Boria has delivered amazing results to those accused of operating while intoxicated. In fact, to date, Boria has never had a client plead as charged to OWI at the 35th District Court.
If you have been charged with operating while intoxicated in Plymouth or at the 35th District Court then you need to call Plymouth OWI lawyer, Aaron J. Boria at (734) 453-7806.