Driving on Drugs Dismissed in Livonia
A client of ours was charged with Operating Under the Influence of Drugs after being in a car crash on the highway. After a blood draw at a hospital the Michigan State Police discovered amphetamine in his system and charged him with Operating Under the Influence of Drugs (OUID).
The result for our client after hiring Michigan criminal lawyer, Aaron J. Boria was case dismissed.
If you have been charged with operating while under the influence of alcohol or drugs call Michigan criminal lawyer, Aaron J. Boria today (734) 453-7806.
Operating Under the Influence of Drugs
Under Michigan law, Operating Under the Influence of Drugs (OUID) and Operating with the Presence of of Controlled Substance (OWPCS) are two different charged that the prosecutor could charge you with if they suspect that you are operating a motor vehicle with a controlled substance in your system.
The major difference between the two driving on drug charges is that under Operating Under the Influence of Drugs OUID the prosecutor must prove that not only were the drugs in your system, but that the drugs in your system also impaired your ability to drive. This is usually charged when the drug is not a schedule one drug and typically the person has a prescription.
Under Operating with the Presence of of Controlled Substance OWPCS the prosecutor only has to prove drugs were in the system, impairment (or bad driving) does not have to be proven as an element of the charge. OWPCS is usually charged when there is a schedule one drug in the persons system such as marijuana.
To prove impairment with Operating Under the Influence of Drugs the prosecutor will point at the level of controlled substance found in your system, poor driving, and proofreads interaction with the police officer as evidence.
Michigan OUID Dismissed
In this particular case the Michigan State Police crime lab came back with the amphetamine at 11 nanograms per 100 milliliter. To put that in perspective, it is the equivalent of a tablespoon of sugar in an Olympic size swimming pool.
We filed a motion citing to the journal of forensic science, and other case law, and by overwhelming evidence convinced the Livonia prosecutor at the 16th District Court that there was no way our client was under the influence of amphetamine in a way that would impair his ability to drive at the time he was arrested.
Our motion was so strong that the prosecutor agreed to dismiss the OUID charge without even filing a response.
If you or a loved one is facing a driving on drugs charge you need to contact our office right away. Call (734) 453-7806 for a free consultation.
Boria has been named a Super Lawyer in 2017, and every year after, was named a top lawyer by Detroit Business Magazine several years in a row and received the Client’s Choice Award by AVVO for the past several years. Boria has been hired and recommended by prosecutors, lawyers, judge’s clerks, police officers, and medical professionals, so if you have been accused of a crime hire the lawyer that the professionals hire, better call Boria.