Canton Lawyer – Canton OWI – Resisting Arrest
Our client was charged with the Operating While Intoxicated Super Drunk offense for having a blood alcohol offense over .17. He was also charged with leaving the scene of a property damage accident, and resisting arrest after Canton Police had to drag him out of his car. This case was a mess; we were very concerned about the resisting arrest showing up on our client’s record along with the other charges.
After multiple court dates, filing motions, and negotiating with the prosecuting attorney we were able to get the Super Drunk offense reduced to an impaired driving offense, the lowest charge available in Michigan for that type of offense, and the other two charges for resisting arrest and leaving the scene of an accident were both dismissed.
When resisting arrest shows up on your criminal record it encompasses resisting arrest, obstructing justice, and assaulting the police. Having a potential assault charge could exclude a person from many jobs. Having that dismissed was important to the client.
If Canton Police have charged you with a criminal offense (or anywhere else in Michigan) then you need to contact Canton lawyer, Aaron J. Boria. We fight for our clients and we obtain results that other criminal lawyers simply cannot. Call (734) 453-7806 or email us at borialaw@gmail.com.
Most lawyers will take every single case that comes into their office in order to make as much money as possible without regard to how the client is treated or the attention their case receives. At Aaron J. Boria, PLLC, we take on a limited number of cases in order to make sure our client’s get the attention their cases deserve and to obtain the best possible outcomes.
Canton OWI – Canton Drinking and Driving
In this particular case, while on patrol, the Canton Police observed our client’s vehicle, parked on a side street a few feet from the curb. Canton Officer’s approached to investigate and observed that our client was passed out and unresponsive. Officers’ did not observe our client driving his vehicle but the car was running, and the transmission was in park. Empty beer bottles were found in the vehicle. When pressed about operating the vehicle our client never stated that he was driving but he did name more than one location that he was coming from. Our client was order out of the vehicle but refused to cooperate. Two or three police officers had to force him out. Ultimately arrested for drinking and driving and resisting arrest.
The most common drinking and driving offense in Michigan is Operating While Intoxicated. If someone has a blood alcohol content of .08 grams per 100ml or higher then they will be charged with OWI.
In 2010, Michigan passed the Super Drunk law also known as High BAC >.17. If a person’s blood alcohol level is over .17 then they can be charged with this new, and harsher offense. If convicted of super drunk a person faces up to 6 months in jail, double the potential time for OWI, increased fines and costs, 6 points on their driving record and the loss of their license for a full year.
We filed a motion based on some Michigan Court of Appeals and Michigan Supreme Court rulings that held that if a person isn’t operating a motor vehicle then they couldn’t be guilty of drinking and driving. The hurdle we had in this case is our client’s admissions that he had come from somewhere. Remember; never talk to the police especially when you are being investigated for a crime. The Canton prosecuting attorney filed a motion in response that this was a fact issue and the jury, not the judge, needed to decide if our client was operating.
Eventually we were able to put some pressure on the prosecuting attorney the day of the hearing and he offered us a deal we simply couldn’t pass up. The Super Drunk offense was reduced to impaired driving, which is an even lesser offense than OWI. This would cut the potential jail time in half (although we don’t expect the client to get any) cut the points down from 6 to 4, cut fees to the state by almost $1,000, reduce court fines, and this offense would not result in a one year suspension of his driver license and instead would just be a three month restriction.
The resisting arrest charge for being drug out of the vehicle was dismissed, and so was the leaving the scene of a property damage accident.
Leaving the Scene of a Property Damage Accident Canton
There was damage on the vehicle that Canton Police described as being “fresh”. There was also a police report taken earlier that day of a vehicle in the area that was hit by a driver who took off and never reported it. The police believed that it was our client that hit the vehicle and fled. The canton police charged our client with Leaving the Scene of a Property Damage Accident.
If convicted of leaving the scene of a property damage Accident our client would have faced 93 days in jail, Driver Responsibility Fees to the Michigan Secretary of State of $1,500.00, court costs and license sanctions.
As part of the negotiating mentioned above, this charge was dismissed saving our client from the potential penalties.
Canton Lawyer
If you have been charged with drinking and driving by Canton police call Canton Lawyer, Aaron J. Boria today (734) 453-7806 or email us at borialaw@gmail.com. We fight for our client and we obtain amazing results.
****UPDATE*****
Our client was sentenced today for fines and costs with an alcohol education class. No jail time was ordered.
