Romulus DUI Lawyer – DUI Defense Wins Again
Our most recent operating while impaired brings us to Romulus Michigan at the 34th District Court. Our client was arrested for Drinking and Driving, Driving on Drugs, Reckless Driving, and Failing to Yield to an Emergency Vehicle. Every one of those criminal charges were dismissed after DUI defense lawyer, Aaron J. Boria was on the case.
Romulus Drinking and Driving Charges
Our client was on his way home from work. A Van Buren Police Officer stopped him after he alleged that our client blew a stop sign and then blew a red light, both civil infractions, and both legal reasons to pull our client over. The officer then felt that our client was slow to pull over which was the basis for the Failure to Yield to an Emergency Vehicle.
Once out client was pulled over the police officer asked him all the normal questions, Where are you going? What have you been drinking? Have you taken any drugs?
After that, the officer ran our client through a series of field sobriety tests, which the officer claimed our client failed.
The officer ultimately arrested our client for driving under the influence of drugs or alcohol. After that, he was taken to the hospital where a nurse drew his blood. The blood was then submitted to the crime lab.
The case was heard at the 34th District Court in Romulus, which has jurisdiction over Romulus, Van Buren, the Metro Air Port, Huron Township, Sumpter, and Belleville. Judge Tina Green was the presiding judge.
Drinking and Driving Defense
As soon as DUI lawyer, Boria was hired we went right to work and started obtaining all of the evidence the Van Buren Police claimed to have on our client.
In the evidence we obtained the blood results, along with a police report, and video of the stop by the police officer.
From what we saw in the video it did not look like our client was all that slow to pull over. The officer’s camera was not activated soon enough to see the poor driving, but the driving we could see was very favorable to our case.
Once the blood draw results came back the officer added an additional charge of reckless driving, also a misdemeanor.
We drafted a motion to dismiss all of the criminal charges based on the following:
- The blood evidence was inadmissible because the amount that came back in the blood was not enough for the prosecutor to claim it was reliable. Under the Michigan rules of evidence, only reliable evidence can be presented to a jury, otherwise it has to stay out. If the blood evidence is inadmissible then the driving under the influence of drugs and alcohol charge must be dismissed.
- Reckless driving must be dismissed because the prosecution cannot prove willful and wanton disregard based on the defendant committing two civil infractions. Even if the prosecution can prove that the defendant was under the influence of drugs or alcohol it still doesn’t mean that they were reckless.
Without even filing the motion we discussed the matter with the Van Buren Prosecuting attorney. After some negotiations the prosecuting attorney agreed to dismiss all criminal charges.
Romulus DUI Defense Wins Again
Had our client been convicted of drinking and driving, driving under the influence of drugs, reckless driving, or even failure to yield to an emergency vehicle he would have faced 93 days in jail and substantial fines for every single offense.
Drinking and driving, driving on drugs, and the reckless driving each carry 6 points that would end up on our client’s driving record. Failure to yield to an emergency vehicle also carries 3 license points.
In addition to potential jail time, our client would have faced two years on probation where he likely would have been ordered to test for drugs and alcohol randomly, take drug and alcohol education classes, participate in the 34th District Court Work Program, and see probation at least once a month.
Reckless driving, drinking and driving, and driving on drugs all carry a driver responsibility fee separate from the court fine of $2,000.00.
For our client to walk out of court, not pay a single court fine, and not have to do even a day on probation was truly an amazing result.
DUI Defense Lawyer
DUI defense lawyer, Aaron J. Boria fights for his clients in order to obtain the best result possible. Boria attends numerous criminal defense seminars every year all over the state of Michigan, including advanced drinking and driving defense seminars. Continuing education is not a legal requirement for lawyers in the state of Michigan but we believe that in order to be the best you have to stay on top of the most current laws and strategies to win drinking and driving cases.
DUI defense lawyer does not take every single case that comes in the door. We wish we could because we want to help as many people as possible, but when you hire drinking and driving lawyer, Aaron J. Boria you get Aaron J. Boria. We will never send another attorney to your trial, motion hearing, or evidentry hearing. For that reason we can only take a limited number of cases per month, so we have to screen those cases and find the most deserving people.
Call today for a free consultation with Aaron J. Boria at (734) 453-7806 or email us at borialaw@gmail.com.
