Drinking and Driving Lawyer – Canton – Plymouth
Michigan State Police increased patrols last night for the New Years Eve celebrations and for the rest of the holiday weekend in hopes of making as many drinking and driving arrests as possible. Hopefully you were not arrested for drinking and driving but if you were you are not alone. State wide, countless arrests were made.
At the law firm of Aaron J. Boria, we understand the emotional roller coaster you are going through after being arrested for DUI. You may be thinking to yourself that you cannot believe it happened to you, that you are not the type of person that gets a DUI, and other feelings of shame, embarrassment, and frustration.
Again, you are not alone. The majority of our clients are first time offenders, every day people with no criminal history whatsoever. In fact, some of our clients include doctors, lawyers, medical professionals, engineers, and even police officers.
We understand what it feels like to go through the court process of being accused of drinking and driving. We don’t judge our clients; we have their backs and we help guide them through the court process so that they know what is going to happen before it happens. We work hard and use our advanced DUI defense training to obtain the best possible results for our clients.
Drinking and Driving Lawyer
The way we challenge a drinking and driving charge is we look at the reason the police pulled you over, the reason the police arrested you, and how the police collected evidence of drinking and driving.
Additionally, we explore other possible defenses that could include anything from medical issues unique to you that could cause a falsely inflated blood alcohol level, to unreliable equipment used by the police or lab technicians.
Police have to have a legal reason to pull you over. The police cannot just stop you because they feel like it hoping to make an arrest. The police must observe either a civil infraction such as speeding, or they must be able to point to some bad driving that would give suspicion that you are committing the crime of DUI. If the police pull you over without reasonable suspicion, or without observing a civil infraction then any evidence of drinking and driving that they obtain from that point on must be thrown out because it is a violation of your 4th Amendment Right.
Once the police pull you over, in most situations, they cannot just jump into an arrest. In order to arrest you the police must develop probable cause that you committed the offense of drunk driving. In order to do this they will ask you to preform field sobriety tests, some may include asking you to walk heel to tow, others may involve counting and repeating portions of the alphabet. In a drinking and driving investigation many police officer will unfairly elaborate any mistakes you made in order to make an arrest. If the police do not get enough probable cause and they arrest you anyway then any other evidence of drinking and driving they gain after the arrest is inadmissible and should lead to a dismissal of the charges against you.
Once police arrest you they have to follow proper procedures for obtaining your breath or blood. The breath and blood is later used to measure the amount of alcohol in your system. If the blood or breath is illegally obtained, or if it is not obtained properly then it is not admissible and your drinking and driving charge could be dismissed.
Other challenges to drinking and driving could be more fact based rather than the three legal challenges mentioned above. These fact challenges are made at trial where a jury or judge would ultimately decide the issue.
Even if you believe that you are guilty of drinking and driving it is possible that the police violated one of your rights as mentioned above and that could lead to a dismissal. In other cases where the police did everything to the letter it is still possible that your drinking and driving charge could be reduced to a lesser offense.
A conviction for Operating While Intoxicated can result in jail and massive fines. On top of that your license will be suspended for a month and restricted for another 5 months on top of that with points added to your driving record. If your case is reduced it would save you more than a thousand dollars, points, and your license. For many people this makes the difference for them being able to keep their job.
Canton – Plymouth – DUI Lawyer
Aaron J. Boria is your premier drinking and driving defense lawyer. We are located in Plymouth Michigan. We represent people accused of drinking and driving all over the state. Many of our cases are right here in Plymouth at the 35th District Court.
The 35th District Court has jurisdiction over Northville, Plymouth, and Canton. There are three judges at the 35th District Court and they are Judge Lowe, Judge Plakas, and Judge Gerou.
If you received a ticket for drinking and driving it may have an appearance date on your ticket. If not you may be taken to the court the following day to see a judge or magistrate. The purpose of this is for your arraignment. After that you will have a pre trial and from there your case will go down one of three different paths that could lead to it being dismissed, set for trial, or set for a sentencing hearing.
Call (734) 453-7806 today to speak with Aaron J. Boria. We only take a limited number of cases per month in order to ensure that our clients get the absolute best possible representation.
