Our client heard the two sweetest words in the English language, NOT GUILTY! Our client had been charged with the drinking and driving offense, Operating While Intoxicated. After a trial with the judge we won, and our client got to walk out of court that day as a free man.
If you have been charged with drunk driving call DUI lawyer Aaron J. Boria today (734) 453-7806.
At Boria Law we fight for our clients and we get results that other lawyers simply do not.
Operating While Intoxicated Garden City – OWI Michigan
Operating While Intoxicated (OWI) in Garden City as well as the rest of Michigan is a 93-day offense, meaning that you could serve up to 93 days in jail on a first offense.
OWI also carries some stiff financial penalties including fines and costs to the court as well as driver responsibility fees. Between the state and the court fees will go into the thousands.
The state takes action on a person’s driver license for an OWI conviction. The state will add six points to a person’s master driving record and suspend their license for 30 days and then restrict the places a person can drive for 5 months after that.
Proof of Operating While Intoxicated – Michigan OWI Defense
In every criminal case the prosecuting attorney has the burden to prove guilt beyond a reasonable doubt. All crimes are made up of elements and every single element of the crime must be proven. The person accused of driving drunk doesn’t have to prove a thing. If even one element isn’t proven then that person is entitled to a Not Guilty verdict.
In this Garden City Operating While Intoxicated case the prosecutor had to prove the following elements:
First, that the defendant was operating a motor vehicle. Operating means driving or having actual physical control of the vehicle.
Second, that the defendant was operating a vehicle on a highway or other place open to the public or generally accessible to motor vehicles.
Third, that the defendant operated the vehicle with a bodily alcohol level of 0.08 grams or more per 210 liters of breath.
The biggest point that was fought in this case was whether or not our client was actually driving his motor vehicle. The case took place at a gas station near Ford Road. The Garden City Police Officer claimed that he saw the vehicle drive from the gas station parking lot toward the street and then reverse backwards when he and the driver made eye contact. The officer thought this was suspicious behavior being that it was so late at night and the gas station was closed so the officer initiated a traffic stop. When the officer arrived on the scene our client was sitting in the driver seat. The officer suspected he had been drinking and ultimately arrested him and charged him with Operating While intoxicated.
It was our position that another driver had driven our client and his friend to the gas station location when they began to have car trouble. Our client switched seats with his friend and tried to get the car to start but couldn’t. Our position was supported by the fact that the keys were in the passenger’s purse when the officer arrived and while the officer was arresting our client another person pulled up in a vehicle stating that he was there to pick them up due to car trouble.
The prosecutor put on a second witness after the police officer. This witness was favorable to our case and testified consistently with our position.
At the close of proofs the Judge Hammer agreed that there was doubt as to whether or not our client actually operated the motor vehicle. He may have tried to operate it but the proof the prosecutor had of actual operation did not rise to the level of being beyond a reasonable doubt.
There was a case out of Plymouth titled Plymouth v Longway where operation was an issue. The defendant in that case, Longway, got into her car, turned it on, put it into reverse while keeping her foot on the brake, and then put the car back into park. An officer saw her getting into the car and arrested her. The court ruled that in that case the driving was minimal but it was enough to find that she had operated the vehicle. In our case we had to argue that there was no proof any actual operation and the judge agreed.
OWI was dismissed, and our client was able to walk out of the 21st District Court that day a free man.
Garden City OWI Lawyer – Michigan OWI Lawyer
Boria has attended and completed advanced drinking and driving defense seminars, including seminars similar to those that police undergo when training to make DUI arrests. This additional training and education puts Boria beyond his peers in terms of knowledge and skill and makes him very dangerous in the courtroom for the prosecution.
OWI Lawyer Boria takes on a limited number of cases at a time to make sure that our clients get the absolute best possible representation available.
Call today (734) 453-7806 to see if your case is the right fir for our firm.