MICHIGAN LAW BLOG
Domestic Violence Lawyer Canton – 35th District Court

 

Charged with domestic violence in Canton? Your matter will be heard at the 35th District Court. You need an aggressive criminal defense lawyer that knows domestic violence charges. Aaron J. Boria is your premier domestic violence defense lawyer.

Boria has won multiple domestic violence jury trials at both the misdemeanor level as well as the felony level. Many cases where his clients had an unwinnable case, Boria was still able to obtain reduced offenses or even dismissals.

If you are facing domestic violence charges at the 35th District Court from Canton Police or anywhere else in Michigan call domestic violence lawyer, Aaron J. Boria (734) 453-7806. We fight for our clients and we obtain results other lawyers simply cannot. In order to provide our clients with the absolute best representation possible we take on a limited number of cases so our clients get the attention they deserve.

Domestic Violence Charges Canton

If you have been charged with domestic violence in Canton then the burden it is on the prosecuting attorney (that’s the attorney against you, the one on the side of the cops and the person accusing you) to prove that you committed the assault.

The prosecuting attorney must prove that you put a family member, roommate, or person you had an intimate relationship with in fear of an immanent battery or actually did batter them.

In plain English, a battery means offensive touching not just hitting. The prosecutor must put forward evidence that you hit someone (or touched them in a way that they would find offensive) that you had a close relationship with or you made that person think you were going to hit him or her and you had the ability to carry out the threat of a hit.

As a domestic violence defense lawyer, it has been our experience after handling countless cases that many people who have been accused of domestic violence never actually did the act, another words many people are falsely accused of domestic violence.

With that in mind, it is on the prosecution and the police to put forward all of the evidence that a domestic violence actually occurred. Many times the police do not have pictures of any wounds or marks, they have no witness statements, and all they have is one person accusing another.

It has been our experience that many times the police will show up to a house due to a domestic dispute, talk to one person, and then make an arrest without talking to anyone else or getting both sides of the story.

People make false accusation of domestic violence all the time. It is probably most common in a volatile relationship or in a relationship that is coming to an end. Many times we see domestic violence allegations in divorce because the person making the accusation believes it will result in a more favorable divorce settlement, or in child custody proceedings because the accuser believes it will result in them having sole custody. We all see false domestic violence complaints in relationships where one person accuses their significant other in order to gain ground, control, or punish.

In the situation where the police only talk to the accuser and not both parties we often find that the person being accused was actually acting in self-defense. The accuser starts a fight and then the accused lawfully defends themselves and then later get charged with domestic violence.

You are legally allowed to defend yourself if someone is attacking you. If a jury believes that you were acting in self-defense then they must find you not guilty.

Along the lines of self-defense is the defense of others. In this situation you may see two family members fighting and so you step in to help one of them and then are later accused of domestic violence. If you stepped in to help someone who needed defending then you can assert the claim of defense of others. If a jury believes you were lawfully defending someone else then you must be found not guilty of domestic violence.

Canton Domestic Violence Lawyer

At Aaron J. Boria, PLLC, we don’t judge you; we are here to help you. We have our client’s backs when others turn on them.

If you are being accused of domestic violence in Canton you will quickly feel as if the system has already found you guilty. It is likely that you will be ordered by the 35th District Court not to be in possession of a firearm while the case is pending. In domestic violence cases you will often be ordered not to return to the home of the accuser, which could very well be your own home. You will also be ordered not to talk to your accuser in domestic violence cases even if you have children in common that need both of you to take care of them and plan.

Hire an aggressive domestic violence lawyer. Domestic violence lawyer Aaron J. Boria has won multiple domestic violence trials, obtained outright dismissals, and countless reductions. Put your trust in our hands and let us fight for you innocence. At Aaron J. Boria, PLLC, we also understand that people make mistakes. Many of these wins occurred in cases where our client’s believed they were actually guilty.

If you have been accused of crime then you need to call Canton lawyer, Aaron J. Boria right away (734) 453-7806 or email him directly at BoriaLaw@gmail.com.
Resisting and Obstructing Dismissed – Dearborn Lawyer

Our client over did the drinking at a few local bars in Dearborn a couple of months back. On his way home he drove off of the road and on to a part of the sidewalk on The University of Michigan’s campus not designed for the public to drive on. A Dearborn Police officer observed the erratic driving and pulled our client over. Our client was ultimately arrested for drinking and driving as well as refusing a preliminary breath test; he was also cited for a civil infraction. While he was at the hospital for a blood draw the police accused him of resisting arrest and obstructing justice by pulling away during a blood draw.

At the end of the day the civil infraction was dismissed. His blood alcohol level came back at over a .17 BAC, which meant he could be charged with the Super Drunk High BAC offense of drinking and driving. We were able to avoid that charge and obtain a reduced offense. Finally, the resisting arrest charge will be dismissed when our client completes his probation for the drinking and driving. This is important because without that dismissal the resisting arrest charge would like the type of charge someone gets for fighting with the cops on our clients criminal record. At the end of the day, the only thing that will end up on the client’s record is a lessor drinking and driving offense that he was unavoidably guilty of.

If you have been charged with drinking and driving, resisting arrest, or some other criminal charge call Dearborn criminal lawyer, Aaron J. Boria. Boria’s office is located in Plymouth Michigan, Wayne County, and we defend those accused of criminal charges all over Wayne County including Dearborn.

At Aaron J. Boria, PLLC, our police is to take on a few criminal cases every month to make sure that our clients get the absolute best possible representation available unlike many criminal lawyers who take on as many cases as they can to make as much money as possible. At Aaron J. Boria, PLLC, we truly care about our clients, we promptly return calls and emails, even after hours and on the weekends.

To discuss your criminal charges and to see if we are currently taking on new clientele call (734) 453-7806 or email us about your case to BoriaLaw@gmail.com.

Resisting and Obstructing Charges

To be convicted of Resisting and Obstructing the prosecuting attorney must prove that the person accused assaulted, battered, wounded, resisted, obstructed, opposed or endangered a police officer, deputy sheriff, firefighter, or emergency medical service personnel.

In this particular case our client was accused of resisting or obstructing medical personal by knocking over a glass beaker that shattered when he pulled away from the nurse during the blood draw. At this point the officers had a warrant for the blood, so when he refused to cooperate they probably could have citied our client for that charge even without the flailing and breaking of the glass beaker.

“Obstruct” is defined by the law as the use or threatened use of physical interference or force or a knowing failure to comply with a lawful command.

The prosecution must also prove, that the person accused of the crime knew or had reason to know that the person they assaulted, battered, wounded, resisted, obstructed, opposed or endangered was a state authorized person performing their duties at the time.

The penalty can range from anything from a misdemeanor offense as it did in this case to a life offense depending on if the person performing their duties was hurt, injured, or killed.

In People v Moreno, 491 Mich 38, 814 NW2d 624 (2012), the Michigan Supreme Court ruled that a defendant has the right to resist illegal police conduct, including unlawful arrests and unlawful entrees into constitutionally protected areas.

As part of the negotiations with the Dearborn Prosecuting Attorney the resisting arrest and obstructing charge will be dismissed when our client completes his probation for the drinking and driving charge that got him into this mess.

Dearborn Lawyer

The matter was heard at the 19th District Court located on Michigan Avenue in Dearborn. Judge Sam Salamy presided over the matter. In order to resolve the case in a manner that was favorable for our client we had to appear in court a number of times to negotiate and provide documents.

By avoiding the Super Drunk High BAC offense we saved our client from having his license suspended for 45 days and having to have a blow and go device installed on the car for the rest of the year. We also saved our client six months of potential jail time as well as massive fines and costs.

The client was given probation for the lesser drinking and driving offense and the resisting and obstructing the police charge will be dismissed once the probation is completed. The civil infraction for refusing a preliminary breath test was also dismissed.

Criminal lawyer, Boria resolved the matter so that when everything is said and done the only thing on his client’s record will be a reduced drinking and driving charge. Given that our client was dead in the water on the drinking and driving charge this was a very good result.

If you have been accused of a crime contact Dearborn criminal lawyer, Aaron J. Boria at (734) 453-7806 or email BoriaLaw@gmail.com. We fight for our clients and we obtain results that other lawyers simply do not.
Detroit Lawyer – Malicious Destruction of Property – 36th District Court

Detroit criminal lawyer, Aaron J. Boria’s latest win was this past week at the 36th District Court in Downtown Detroit. His client was charged with Malicious Destruction of Property. The end result was case dismissed after Boria spoke with the Wayne County Prosecutor and convinced them that there was a lack of evidence and as such they would not be able to meet their burden of proof. The prosecutor agreed and the Malicious Destruction of Property charge was dismissed. Our client walked out of court a free man, didn’t do a single day in jail, no probation, and didn’t have to pay a single cent to the court.

If you have been charged with a crime in the City of Detroit then you need to call Detroit criminal lawyer, Aaron J. Boria. Call (734) 453-7806 or email borialaw@gmail.com to speak with Aaron today.

At the Law Firm of Aaron J. Boria, PLLC, we don’t take on as many clients as possible to maximize profits; instead, we take on a limited number of clients each month to make sure they receive the best possible representation. As a criminal lawyer we know how confusing and scary the court system, police, and prosecution can be. It is our goal to guide you with your case every step of the way, we are not here to judge you we are here to help you win the best possible outcome.

Some past clients have included police officers, and other lawyers. Prosecutors, judges, court staff, and police officers regularly refer their friends and family to Aaron when they get in trouble. Call (734) 453-7806 to see if we are currently taking on new clientele.

Malicious Destruction of Property – 36th District Court

A few years back our client sold a car to a buddy of his. The new owner of the car had taken some speakers from a third friend and put them in the car shortly after it was purchased. There was an argument as to who the speakers should have went to. In the cover of night, someone stole the speakers out of the car. The next day it was discovered that the speakers were missing and the car was damaged during the process to the tune of a few hundred bucks. Our client got blamed. He was charged with Malicious Destruction of Property by Detroit Police and had to appear at the 36th District Court to fight the criminal charges.

Malicious Destruction of Property is a criminal misdemeanor, which means that it is punishable by up to a year in jail and will permanently go on your criminal record. (Criminal charges do not come off of your record after a period of time, that is a myth.)

The client went to court with the public defender, but the case didn’t seem to be going anywhere. Our client ultimately failed to appear for his court hearing shortly after the charges were filed and a warrant was issued for his arrest. Our client left the state in hopes of a new job and a new life. The case came back to haunt him when he was going for a job promotion and the charge showed up on a background check as outstanding. His employer told our client that the position would be contingent upon him getting the warrant removed and the case resolved.

He made the right call and that was to Detroit lawyer, Aaron J. Boria. The 36th District Court case had been reassigned to Judge Robbins who would only resolve the case if our client showed up to court. In order to resolve the case faster so our client wasn’t flying back and forth for multiple court dates Boria contacted the court and the Wayne County Prosecutor ahead of time to plan a day and make sure that everything could be resolved in a single morning, and it was. Boria and his client showed up to the court in the monrning and had the warrant recalled, they then went to the court where the proper documents were already waiting and just needed our client’s signature. Judge Robbins called the case and per the agreement between Boria and the prosecutor the criminal charge was completely dismissed. This wasn’t a plea reduction or a deferral of some kind, our client did not have to pay a fine or do any jail time, in fact, he wasn’t even punished for leaving the state.

36th District Court – Detroit Criminal Lawyer

If you have been charged with a crime in Detroit of anywhere else in Michigan call criminal lawyer, Aaron J. Boria. We know the 36th District Court and we know criminal law. In order to stay on top of the law and know all of the newest trends and changes in the law Boria attends multiple seminars every year gaining hundreds of hours of continuing legal education.

To see if we are taking on new clients call (734) 453-7806 or email BoriaLaw@gmail.com. Detroit lawyer, Aaron J. Boria is who you want in your corner when the police have accused you of a crime.
Assault Dismissed – Canton Lawyer – Assault Lawyer

This past Friday we were able to resolve one heck of a case for our client who was initially charged with four serious criminal charges out of Canton: Assault and Battery, Domestic Violence, Child Abuse in the 4th degree, and Operating while Intoxicated. Our client was facing serious penalties; bond was set at $50,000.00 10% when our client appeared in court prior to retaining our office.

In the end the assault and battery charge as well as the child abuse in the 4th degree charge were outright dismissed. The domestic violence charge will be dismissed once our client completes probation and the operating while intoxicated charged was reduced saving our client his driver license. After Canton Lawyer Aaron J. Boria was done with this case his client did not have to serve a single day of jail as a result of his sentence, he saved thousands of dollars in fines, and three out of four charges were dismissed and the charge that wasn’t dismissed was reduced. The matter was heard at the 35th District Court in Plymouth, which has jurisdiction over the Canton criminal matters.

We take on a limited number of clients each month to make sure that they each get the best possible representation unlike many lawyers who take on as many clients as possible in order to improve their bottom line. We screen our cases to make sure that the people we represent are the most deserving.

Facing criminal charges out of Canton at the 35th District Court? Canton criminal lawyer, Aaron J. Boria is who you need to call (734) 453-7806 or email BoriaLaw@gmail.com.

Canton Assault Charge – Canton Domestic Violence

This case started with our client and his wife having a dispute over money that involved a resent tragedy in the family. Alcohol was involved and made the situation worse. Our client’s wife alleged that he slapped her and then shoved their daughter; the Canton police were called. Our client left the house and went to a friend’s home where the police met him.

Assault and battery and domestic violence are both 93 day criminal offenses in the state of Michigan, which means that if convicted they could face a full three months in the county jail.

The burden is always on the prosecuting attorney to prove someone’s guilt beyond a reasonable doubt. All crimes are made up of elements. Assault and battery is made up of the following elements:

The first element is that the defendant committed a battery on another person, in this case his daughter. A battery is a forceful, violent, or offensive touching of the person or something closely connected with the person of another. (A battery could be committed by grabbing something out of another person’s hands) The touching must have been intended by the defendant, this means that batteries cannot happen on accidental, and it must have been against the other person’s will. It does not matter whether the touching caused an injury.

The second element of assault and battery is that the defendant intended either to commit a battery upon on the other person or to make that person reasonably fear an immediate battery. If the case is the fear type of assault and battery then the defendant must appear to have the ability to carry out the threat.

Domestic violence is a similar charge to assault and battery but it has an additional element. The additional element to domestic violence requires that the people involved have some type of relationship like family, dating, married, having a child in common, or roommates. In this case the domestic violence was charged because his wife accused him off hitting her.

The assault and battery charge was outright dismissed saving our client three months of potential jail time over a thousand dollars in fines and costs, and the mark of being a violent criminal permanently on their record.

The domestic violence charge will be dismissed after our client completes probation which is being ran concurrent with the drinking and driving charge discussed below.

Child Abuse 4th Degree – Child Abuse Lawyer

It was alleged that during the argument some objects were being thrown, one of the objects broke and struck their young child.

In order to prove someone guilty of child abuse in the fourth degree the prosecution must be able to prove the following:

The person’s omission or reckless act causes physical harm to a child, or the person knowingly or intentionally commits an act that under the circumstances poses an unreasonable risk of harm or injury to a child, regardless of whether physical harm results.

Child abuse in the fourth degree is a misdemeanor punishable by imprisonment for up to a year in jail.

Canton lawyer, Aaron J. Boria was able to get this charge outright dismissed as well saving the client a potential year in jail, over a thousand dollars in fines and costs and the mark of being a violent criminal toward children permanently on his record

Canton OWI Lawyer – Canton DUI

When our client left the house and the Canton Police met him at his final destination. They had been told that he was drinking and when they approached him they could smell alcohol on his breath. After he failed field sobriety tests he submitted to the preliminary breath test that resulted in a blood alcohol level almost twice the legal limit. The Canton Police arrested him for the drinking and driving offense of Operating While Intoxicated and the three assault charges mentioned above.

If convicted of Operating While Intoxicated our client would have had 6 points added to his driving record, his Michigan driver license would have been suspended for a month followed by five additional months of restrictions, his fines to the secretary of state would have been $1,500.00 plus court fines and costs.

Canton OWI Lawyer, Aaron J. Boria was able to get this charge reduced to a lesser offence saving our client points on his driving record, his fines to the state were cut in half, court fines were reduced, and most importantly to our client, his license was never suspended.

Assault Dismissed – Canton Lawyer – Assault Lawyer

In this case the facts were really against our client and even then Canton lawyer, Aaron J. Boria was able to obtain a dismissal on three our of four charges and a reduction on the last one.

If you have been accused of assault and battery charges, drinking and driving, or anything else call Canton Lawyer, Aaron J. Boria. We fight for our clients and we obtain results that other lawyers simply cannot. Call (734) 453-7806 to speak with criminal lawyer, Boria today.
35TH District Court Probation– Plymouth OWI – Plymouth Lawyer

Today Plymouth Lawyer Aaron J. Boria was able to win a motion for early discharge of probation at the 35th District Court for a client who was serving a one-year term for a drinking and driving conviction.

The client was initially charged with the Super Drunk offense of Operating While Intoxicated High BAC > .17 back in October of last year that involved an accident. Back then OWI lawyer Boria was able to get the offense reduced to the lowest offense possible saving our client fines in the thousands, points on her license, and saved her from losing her driver license.

She was placed on 12 months of probation with alcohol education, alcohol testing, and community service, a sentence that given the high blood alcohol level at the time of arrest and the fact that their was an accident was a gift.

Our client went above and beyond the court ordered probation by completing more than the community service that was required. She also completed the alcohol education program timely, and never missed an alcohol test or tested positive. Her fines and costs were paid right away. As we put it in our motion this morning in front of the 35th District Court judge, she was an exemplary probationer.

Plymouth lawyer, Boria argued during the motion that the goals of the sentencing for the underlying drinking and driving offense were completed. She was punished, she was rehabilitated, she was ready to put this offense behind her and move on with her life as a proactive member of the community. Judge Gerou agreed and granted our motion for early successful discharge of probation. Our client walked out of court a free woman. Our client was discharged from probation for drinking and driving almost six months early.

Charged with drinking and driving in Plymouth? Facing a probation violation at the 35th District Court? Plymouth lawyer, Aaron J. Boria appears in the 35th District Court regularly, often times he is there several times per week. Boria knows the judges, knows the prosecutors, and knows the probation agents, this means that we can advise our clients of what the likely outcomes of a case are before they happen.

At Aaron J. Boria, PLLC, we take on a limited number of clients in order to make sure that the people we represent get the best representation possible with the attention that their case deserves. Call (734) 453-7806 or email BoriaLaw@gmail.com to speak with Boria today regarding your case.

Plymouth OWI Lawyer – Plymouth DUI

As mentioned above, the offense charged in this case was Super Drunk High BAC > .17. Super Drunk is an offense that falls under the umbrella of drinking and driving in Michigan for cases where a person’s blood alcohol level is .17 grams of alcohol per 100 milliliters.

Super Drunk is an enhanced drinking and driving charge from the more commonly charged Operating While Intoxicated (OWI). The possible penalties for Super Drunk are significantly more steep then those for OWI. Here is a list of possible penalties for the Super Drunk High BAC offense:

  • Up to 6 months in jail
  • Up to 2 years on probation
  • 6 points added to your driving record
  • 1 year driver license suspension (Restricted available after 45 days with a blow and go Breath Alcohol Ignition Interlock Device
  • Fines to the Michigan Secretary of State of $1,500.00
  • Court fines of $700 plus costs
  • Up to 360 hours of community service
  • Drug and alcohol testing
  • Drug and alcohol education

Plymouth DUI lawyer, Aaron J. Boria was able to get this offense reduced from High BAC, below Operating While Intoxicated, all the way down to the lowest offense in Michigan of Operating While Visibly Impaired. Getting an offense reduced that low with a blood alcohol level almost three times the legal limit with a crash is almost unheard of.

By obtaining the double reduction reduction the points that were added to our client’s driving record were reduced to 4, even though she didn’t serve a day the possible jail time was cut in half, the driver responsibility fines to the state were cut in half, the court fine was reduced by more than half, of the 360 hours of community service she was only required to do 40, and there was never a period of time that she did not have a driver license.

Plymouth Lawyer

Aaron J. Boria is located less than a mile from the 35th District Court on the same street. We appear in the 35th District Court on a weekly basis, sometimes multiple times per week. If you have been charged with a crime in Plymouth, Northville, or Canton your case will be heard at the 35th District Court. Plymouth lawyer, Boria has the experience needed to get you the absolute best result possible.

Call (734) 453-7806 or email BoriaLaw@gmail.com today to speak with Aaron J. Boria.

We fight for our clients and we obtain results other lawyers simply cannot.
Violation of Probation Dismissed – 35th District Court – Marijuana

 

Our client was on probation at the 35th District Court in Plymouth for a drug charge (possession of marijuana) she received back in October. She was serving a sentence for a special program called HYTA. One of her conditions of bond was not to use drugs and to submit to drug testing randomly.

She violated probation by using marijuana and failing to test. She went in to the court and plead guilty to the allegation in front of judge Lowe. Five days later her probation officer violated her again for the marijuana metabolite still showing up in her system. If convicted out client would have likely lost her HYTA status and even faced up to a year in the Wayne County Jail.

Plymouth lawyer, Aaron J. Boria argued that you should expect to see the marijuana metabolite still showing up in such a short period of time after a person used. Probation ultimately conceded and dismissed the probation violation. No penalties were added and our client’s original conviction is still sealed from public record.

Charged with a crime in Plymouth, Canton or Northville? Plymouth lawyer, Aaron J. Boria, fights for his clients and obtains results that his completion simply cannot. Call (734) 453-7806 or email him directly at BoriaLaw@gmail.com.

Violation of Probation for Marijuana

If you are put on probation for a drug crime, such as possession of marijuana, you can bet that one of the conditions of the probation will be not to use drugs and to randomly test for the same.

If you are on probation and you violate, meaning you use drugs, test positive, miss a test, or some other violation then you face the maximum possible penalty for the offense you are on probation for. For instance, possession of marijuana carries up to one year in jail, so if you are on probation and you violate the judge could give you up to one year in jail.

You could also face a new criminal charge. For instance, if you were on probation for possession of marijuana and you get arrested for drinking and driving then you would face the new DUI charge and the probation violation.

This case was heard at the 35th District Court in Plymouth. In that court the procedure is to check in with probation where they will tell you what the recommendation will be if you plead guilty to the charges. Then you go see the judge, which in this case was Judge Lowe (You could also have Judge Plakas or Judge Gerou). The judge will ask you how you plead to the charges. If you plead guilty he will sentence you and if you plead not guilty you will have a hearing where guilt will be determined.

In this case the probation violation allegation was ultimately dismissed after our client plead not guilty.

Procedurally our client plead found guilty to possession of marijuana back in October with the special HYTA status.

In late January, and twice in February she tested positive for using marijuana and didn’t show up for testing the last week of February and first week of March around the 9th. She was violated by 35th District Court probation and went to see judge Lowe. She plead guilty and she was ordered to do five days on the work program, an alternative to jail.

Five days later she tested again and the marijuana metabolite was positive in her system. (A metabolite is evidence that marijuana was consumed at some point. Marijuana is fat soluble so evidence of its consumption stays in your system longer, usually 3-4 weeks.)

Probation tried to ague that the metabolite was an indication of recent use. Plymouth lawyer Aaron J. Boria obtained a copy of the lab report, which revealed that the amount of the metabolite was so low the drug was probably on its way out of her system from possible use back in early March and not new use. If this were true the violation would have to be dismissed because she already served five days of work program i.e., she was already punished. Probation agreed that they could not prove otherwise and dismissed the violation.

HYTA – Holmes Youthful Trainee Act

As mentioned above our client was given the special status of HYTA. HYTA is an acronym for Holmes Youthful Trainee Act. This law was passed to help teens from 17 to 24 keep a criminal conviction off their record. Someone placed under HYTA is legally considered not to have a criminal conviction and the arrest and conviction will remain a secret. It is recognized that kids of this age tend to do stupid things and their lives shouldn’t be ruined for it.

Not all offenses can receive this special status, but many like possession of marijuana, shoplifting, and assault can take advantage of it. Traffic offenses like drinking and driving, or reckless driving cannot receive the special HYTA status.

Plymouth Lawyer – 35th District Court

Plymouth lawyer, Aaron J. Boria appears in the 35th District Court on a regular basis, usually several times a week. Boria knows the ins and outs of the 35th District Court and what to expect when dealing with the police, judges, prosecutors, and probation department.

Plymouth lawyer Boria has won multiple trials at the 35th district court, in fact Boria has won a trial in front of every single judge at the court, something few if any other criminal lawyer can say.

Charged with a crime in Plymouth? Call (734) 453-7806 or email BoriaLaw@gmail.com today to speak with Aaron J. Boria, criminal lawyer. Boria’s office is located less than a mile from the court house at 352 N Main Street in Plymouth; feel free to drop by as we have an open door policy.
Canton OWI Lawyer – 35th District Court

Canton Police stopped our client for what they believed to be suspicious behavior. After a brief investigation the Canton Police arrested our client for Operating While Intoxicated. His case was head at Canton’s 35th District Court by Judge Lowe.

Our client, a 40-year-old resident of Illinois that works in Michigan, was incredibly concerned about his driver license. If he lost his license it would be impossible for him to get to work here in Michigan and he would lose an excellent career with one of the Big 3.

He called Canton OWI lawyer, Aaron J. Boria at (734) 453-7806 and we obtained an amazing result for him. Our client will keep his driver license so he can continue to commute from his home out of state to here in Michigan.

Many people convicted of a drinking and driving charge in Michigan will receive some jail time. Almost all of them will receive reporting probation where they have to come to the courthouse at least once a month to meet with probation; this can go on for two full years. Our client won’t have to do either. All our client has to do is five days of community service, a one-time education class and that is it, and stay out of trouble for six months.

If you have been accused of drinking and driving in Canton and have an OWI charge at the 35th District Court, or anywhere else in Michigan, call Canton Lawyer, Aaron J. Boria at (734) 453-7806 or email him directly at BoriaLaw@gmail.com.

Canton OWI – Canton Drinking and Driving

Our client, not familiar with the area and trying to find a friends house, pulled into some businesses off of Ford Road in Canton to put an address into his GPS. The businesses were closed. A Canton officer was patrolling the same area and saw our client parked out front. As soon as our client saw the cop he waived at him and took off. The officer, believing this to be a high crime area, and observing a vehicle parked at a closed business initiated a traffic stop believing that he had probable cause that our client was about to commit a crime.

Now, I believe that this is a bad stop, but in the past Judge Lowe at the 35th District Court has upheld what I would consider to be worse stops for the same reason.

Once the Canton officer approached the car he believed he could smell alcohol on our client’s breath. Our client admitted to drinking and the Canton Police ordered him out of the car to preform field sobriety tests.

Our client did mediocre on the sobriety tests, but he made the fatal error of agreeing to submit to a Preliminary Breath Test (PBT). The results of the PBT were over .08 and our client was arrested for Operating While Intoxicated.

Never, never, never take the preliminary breath test. This is the test that is offered or ordered on the side of the road prior to being taken back to the station. If you refuse the test it is only a $200 fine, but could keep you from getting charged with a DUI, or keep you from getting convicted for one.

The PBT is not the test at the station or blood draw by a nurse. If you are read your implied consent rights that you will likely want to submit to that test as a refusal results in a one-year suspension of your driver license. I guess if your license is already suspended and you have nothing to lose then maybe you should consider refusing that test as well. Less then half of the cops out there would probably allow you to call your attorney when deciding whether or not to submit to the implied consent test. Every case is different; this should not be taken as a hard line rule.

After our client was arrested he was taken back to the station where he submitted to a chemical test under the implied consent law. His blood alcohol again came back over the legal limit. He was kept in the jail until the next day in order to sober up.

35TH District Court

All criminal cases, misdemeanors or felonies, will start in Canton will begin at the Canton District Court, or more commonly known as the 35th District Court.

The 35th District Court is location in Plymouth Michigan on Plymouth Road about a half mile from Aaron J. Boria, PLLC.

The 35th District Court has three judges and they are Judge Gerou, Judge Plakas, and Judge Lowe.

As mentioned above, Judge Lowe heard our client’s OWI matter.

The first court appearance is the arraignment. The arraignment is where the judge formally tells you what you have been charged with and what the maximum penalty is that the court can dish out.

The court tells you what you have been charged with even though you might have a ticket with the charge on it because charges can change. The prosecutor can add or increase charges prior to you getting to court is they choose to, so if you blew over a .17 and you were charged with OWI rather than OWI High BAC don’t get your hopes up, there is every good chance the prosecutor has increased the charge by the time you see the judge.

Another thing that could occur is that the cops search your car after you leave the station with your ticket and they find drugs. When you go to court the prosecutor will likely have added a drug charge and the judge is going to let you know.

Canton OWI Lawyer

In this particular case, Canton Lawyer, Boria filed documents to waive the arraignment. This saved our client an unnecessary trip to court so he wouldn’t have to miss work. It also saved him bond conditions such as going to JAMS every day and being screened for alcohol while the case progressed.

Most OWI charges will take four or more court appearances. With our client living out of state we wanted to be able to resolve this case as fast as possible. We actually were able to resolve all of the court matters in one morning.

Our client’s charges was reduced in order to save his driving privileges, reduced his points, and saved him well of a thousand dollars between fines and costs to the state and the court.

If you have been charged with a crime call Canton Lawyer, Aaron J. Boria. We fight for our clients and we get results that other so-called criminal lawyers simply cannot. Call (734) 453-7806 or email borialaw@gmail.com to see if we are taking on new cases.
Westland Drinking and Driving – Westland Lawyer – 18th District Court

This past week Westland Lawyer, Aaron J. Boria performed a miracle. A drinking and driving charge was dismissed.

Call (734) 453-7806 or email borialaw@gmail.com to speak with Westland OWI lawyer, Boria today.

Our client, a 60 years old man, the sole provider for his family including a child in college, has been a commercial truck driver all his life. He is not a college graduate, and he has never done anything else other than drive a truck, a skill that he has mastered, proven by his impeccable record.

A drinking and driving conviction results in the revocation of a person’s commercial driver license even if they were driving a non-commercial vehicle. This means that if you drive truck by day and over the weekend get arrested for a DUI and later convicted you lose the ability to drive the truck.

Too make this law more ridiculous, a person arrested and convicted for a first offense drinking and driving conviction will only lose their license for a few months and in many cases wont lost it at all.

This drinking and driving law essentially makes it so that a person who makes a mistake on their personal time loses their career. Are law makers jumping to the conclusion that a person who gets a drinking and driving conviction on their personal time is likely going to commit the same while working? If that is the case how is that any different then a person who has an office job and gets a DUI over the weekend? Wouldn’t that mean that the office job person is just as likely to drive drunk on their way to work under the same logic as the commercial driver? I digress.

Westland Operating While Intoxicated – Westland OWI

A conviction for Operating While Intoxicated will result in the following:

  • 6 points added to your driver license
  • 1 month suspended driving privileges
  • 5 months restricted license after the suspension
  • Revocation of CDL
  • $1500 in fines to the secretary of state
  • Up to 93 days in Jail
  • Up to 2 years on probation
  • Community service
  • Alcohol education
  • Alcohol and drug testing

18th District Court – Westland Court

The 18th District Court has jurisdiction over all criminal cases that occur within the city of Westland. Even felony charges that occur in Westland City will begin in the Westland District Court.

There are two judges at the Westland District Court. They are Judge Sandra F. Cicirelli and Judge Mark A. McConnell.

Standard procedure at the 18th District Court would start with your first hearing being an arraignment on the charges, the second hearing would be a pre trial, and after that you could have another pre trial, a motion hearing, and evidentry hearing, or a final pre trial. A trial by judge or jury would only take place if all efforts to resolve the case could not be made. If at any point you plead guilty you would have a sentencing hearing.

Westland Lawyer

Aaron J. Boria appears in the Westland 18th District Court on a regular basis defending those accused of crimes ranging from drinking and driving, to drug possession, assault and more.

Any attorney that tells you they will get your drinking and driving charge dismissed should be taken out to pasture. If an attorney guarantees you a result you should run like hell because it is most likely a ploy to get your money.

In order to make sure that our clients receive the absolute best criminal defense possible we take on a limited number of clients each month. We screen our cases and take on the most deserving clients. By taking on a limited number of criminal cases we can ensure that our clients get the representation they deserve and attention they need. This goes against the grain of many lawyers who will take on any case that comes through the door in order to make as much money as possible.

To see if we are taking on new criminal clients and if your case is a good fit for our firm call (734) 453-7806 or email borialaw@gmail.com.
Northville DUI Lawyer – Northville OWI

Today our client walked out of the 35th District Court with a reduced offense and without having to report to probation after she was arrested for drunk driving in Northville Michigan.

If you are arresting in just about any court in Michigan for a first offense drunk driving an average sentence in a case without an accident and low blood alcohol level is at least one year to two years of probation. In some Michigan courts, you could even get jail time for being slightly over the legal limit to drink and drive even in cases where someone is being stopped by police for a minor civil infraction.

In this particular case, our client will do 5 days of community service at her own discretion, and one weekend alcohol education class as the penalty for her Northville drinking and driving conviction, and that is it. Our client won’t do any work program, she won’t do any out-patient treatment, in-patient treatment, and she isn’t even being ordered to do weekly alcohol testing.

If you have been accused of drinking and driving in Northville or anywhere else in Michigan call Northville OWI Lawyer, Aaron J. Boria at (734) 453-7806.

Northville OWI – Northville Operating While Intoxicated

Our client was leaving a friends house in Northville after she had a few drinks. A good amount of time had passed, so she thought that her blood alcohol level would have been legal to drive. While she was driving home she pulled out her GPS to direct her where to go. While she was looking at the device she swerved outside of her land. Northville Police witnessed her swerve outside of her lane and pulled her over for improper lane use, a civil infraction.

While talking with our client the Northville officer realized she had been drinking. Our client admitted to drinking, failed the field sobriety tests, and submitted to the preliminary breath test, which came back at a .13. The legal limit is .08 so our client was three points shy of being double the legal limit to drink and drive.

Our client was arrested on charges of Operating While Intoxicated, taken to jail, and eventually released on a personal bond. She received a ticket directing her to appear at the 35th District Court in Plymouth, which has jurisdiction over Northville DUI cases. Her OWI matter was head by the Honorable Judge Ronald Lowe.

Our client made the right call and that was to Northville DUI Lawyer, Aaron J. Boria (734) 453-7806.

Northville DUI Lawyer

Our client was charged with Operating While Intoxicated, a criminal misdemeanor. If convicted, at a minimum, our client would have lost her license for a month, it would have been restricted for an additional 5 months, she would have owed $1500 to the state, and 6 points would have been added to her driving record.

Instead, we were able to get our client a reduced offense where there would never be a period of time that she would be out of a driver license, the fees to the state were cut in half, and points were reduced to 4.

As mentioned above, our client will not have to report to probation, and she will not do a single day in jail.

If you have been charged with drinking and driving in Northville or anywhere else in Michigan call Northville Lawyer, Aaron J. Boria. We fight for our clients and we obtain results that other lawyers simply cannot.

Unlike most law firms who take on as many cases as possible, at Aaron J. Boria, PLLC, we take on a limited number of criminal cases each month to make sure that our clients get the representation and attention they deserve.

To see if your DUI case is a good fit for our firm, and we are a good fit for you, call (734) 453-7806 or email borialaw@gmail.com today.
Driver License Lawyer – Michigan License Lawyer

This past Tuesday, driver license lawyer, Aaron J. Boria, was able to get his client’s Michigan driver license reinstated on the spot at a Secretary of State Driver Assessment and Appeal Division (DAAD). This was his first hearing with the DAAD since his license was revoked for having two drinking and driving convictions within seven years.

If your license has been revoked for two or more drinking and driving offenses then you need to call Michigan license lawyer, Aaron J. Boria (734) 453-7806 or email Boria directly at Borialaw@gmail.com.

Driver license lawyer, Aaron J. Boria handles on average at least one driver license restoration case per month with over a 90% success rate. We have handled so many driver license restoration cases at the Driver Assessment and Appeal Division that we know exactly what documents you need to provide and questions you will need to answer in order to get back on the road.

License Revoked for Drinking and Driving – DAAD Lawyer

In this particular case our client was arrested for two drinking and driving offenses within seven years, in fact, he was arrested for two drinking and driving offenses within two days of each other.

Our client’s first drinking and driving offense happened after he hit a guardrail in Plymouth Michigan on 5 mile Road. His second drinking and driving offense occurred two days later when he drove to the impound lot and the clerk could smell alcohol on his breath and thought that he may have been driving drunk; sure enough police showed up and arrested him once again for driving drunk.

The Michigan Secretary of State revokes a person’s driver license for a minimum of 1 year if they have had two drinking and driving offenses within 7 years. The Michigan Secretary of State revokes a person’s driver license for a minimum for 5 years if they have had three or more drinking and driving offenses within 10 years.

If you have been charged with a second drinking and driving offense and you are still in the process of going through it be careful of getting bad advice from an inexperienced attorney, judge, prosecutor, or police officer. Many will tell you that your license will be suspended for a year for a second drunk driving conviction to make the punishment not sound as bad as it is or because they don’t know the law.

Above I use the word “minimum”, this word is used because your license could be revoked longer than one year. Your driver license will not automatically be reinstated after one year of not having it in this situation. Additionally, there is no guarantee that you will be reinstated at your first hearing – many people are also under the impression that you will lose your first hearing. This isn’t true either, but it should tell you how difficult these hearings are without the proper guidance. Also, the word “revoked” is used, not suspended. Revoked means that you are never getting your license back until you have a hearing and meet your burden (discussed below) unlike a suspension where you can simply pay a fee and get reinstated at the end of a driver license suspension period.

Driver Assessment and Appeal Division – License Restoration

You do not get your Michigan driver license back because you have waited your revocation period, or because you’re a good person, or because not having a license is hard on you, or because you were young and dumb when you committed your drinking and driving offenses. The Driver Assessment and Appeal Division hearing officers care very little about this type of information if at all.

At a minimum, you must provide a detailed affidavit to the Secretary of State, a comprehensive substance abuse evaluation, a 10-panle-drug screen with integrity variables, and three letters of support. Again the word “minimum” is used because I require my clients have at least six letters of support, and additional support information, which is probably why my office wins so many hearings.

In order to get your license back, you must be able to prove by clear and convincing evidence that you are 100% substance free, this means no drugs and no alcohol, and that you are going to 100% substance free from drugs and alcohol for the rest of your life. Many people believe that they can obtain a license back by promising not to drink and driving again, but that is not the standard. The standard is that you will maintain a sober life for the rest of your life.

Driver License Lawyer – Michigan

Aaron J. Boria is your premier Michigan driver license lawyer. Boria has obtained countless reinstatements for people who have had their license taken away for multiple drinking and driving convictions.

We have been successful in cases regardless whether or not that person is attending alcoholics anonymous. In fact, maybe half or even less than half of our clients attend alcoholics anonymous and have had their driving privileges reinstated.

Ready to get back on the road? Call driver license lawyer Aaron J. Boria (734) 453-7806 or email borialaw@gmail.com.