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.
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.