Westland DUI Dismissed
Almost a full year ago our client was pulled over for speeding, he was doing 57 in a 40. When the officers approached the suspected that he had been drinking. The officers asked that he perform field sobriety tests including a preliminary breath test that revealed a blood alcohol level of .04 – under the legal limit. During further questioning, the police found out that our client is prescribed Xanax and had taken some prior to driving. They arrested him for suspicion of driving on drugs and a blood draw was performed. Roughly nine months later the lab reported that the drug was in his system at the time he was driving. He was charged with driving on drugs and his case was heard at the 18th District Court in Westland.
Westland Driving on Drugs
The biggest mistake our client made was talking to the cops while they were questioning him. Had he kept his mouth shut they probably wouldn’t have found out about his Xanax prescription. Even if you are legally prescribed a drug it is possible the police will still arrest you if they believe you shouldn’t be driving on that drug or took more of it then you should have.
Our client was smart and hired DUI lawyer Aaron J. Boria before he was formally charged with a crime. The major benefit was that evidence such as video of the stop could be preserved as they are normally destroyed after 30 days.
Westland DUI Lawyer
The matter was heard at the 18th District Court in Westland in front of Judge McConnell. The prosecuting attorney wanted to prosecute because of the alcohol drug combination. There was some evidence to suggest that the level of Xanax in our clients system was within the therapeutic range where it should be, but there was also evidence that the science backing that may not be sound. Because of the disagreement with the prosecutor regarding the chemicals in our client’s system a fact issue was created, which meant that the only way it could be resolved was a trial. Our client, being an anxious person already, did not want the stress of having a trial.
We were able to convince the prosecuting attorney that they had a fight on their hands and that this case was better off resolved with a plead deal. We were able to obtain a reckless driving charge for our client. The major benefit of that charge means that there will not be any drug or alcohol conviction on their record, which could otherwise complicate things for employment.
Usually when someone is charged with a DUI and they plea to a different or lesser offense the judge will still sentence the person based on the original DUI. This means that the person still had to do random drug and alcohol testing, drug and alcohol education courses, counseling or outpatient treatment, community service, work program, and one to two years of probation. To sweeten the pot for our client, we were able to convince the judge that this case was appropriate for fines and costs only.
Finally, after months of having this held over our client’s head he was able to pay a fine and move on with life.
If you have been charged with drinking and driving in Michigan or driving on drugs contact DUI lawyer, Aaron J. Boria. (734) 453-7806