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When someone is arrested for driving while intoxicated (DWI) or driving under the influence (DUI) of alcohol or drugs, a criminal record is reported at the time of the arrest and after the court hearing. These arrest records and court records become public information making them available for anyone to lookup.
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Posted by Laura C. Moore on September 29th, 2008 with no comments.
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If you drive in Michigan, you may be aware of a few of the state’s penalties for driving violations. But, did you know that Michigan has some of the toughest drunk driving laws in the country? Would you know how to prevent a simple speeding ticket from turning into a serious blot on your driving record?
While your best defense is to carefully follow all driving regulations, sometimes accidents happen and even the most conscientious driver can run afoul of the law. Knowing the facts about driving violations can help you protect your rights and avoid further penalties. Some of the most common areas of concern for drivers are speeding, drunk driving and license suspension. Before you get behind the wheel, review the following information about these key driving laws - it may just save your right to drive.
Speeding / Minor traffic violations
Even small infractions of the law can result in points on your license:
- Careless driving has a penalty of 3 points
- Most speeding tickets incur 4 points.
- Reckless driving wreaks even more damage, with 6 points and possible jail time.
And if you think you’re safe as an out-of-state driver - think again! While many drivers think they can get away with speeding tickets when they are away from home, the Michigan Secretary of State shares any conviction records with the driver’s home state.
Driving with a suspended license is a misdemeanor offense, but it still carries with it a penalty of jail time. In fact, many Michigan courts require jail as part of a sentence for drivers with prior convictions. Add that to 6 points and an even longer suspension period for your license, and the penalties can be harsh.
What you may not know is that many of these offenses can be handled in court - without your presence. If you give an attorney permission to negotiate a plea bargain on your behalf, you may never have to appear in court. However, in order to have this option, you must respond IMMEDIATELY when you receive a traffic ticket. Typically the period of time in which you have to initially respond is 10 days - after which, you lose your right to fight the charges.
Drunk Driving
Alcohol offenses are known by several different terms in Michigan:
- OWI — Operating While Intoxicated (Blood Alcohol Content above .08)
- UBAL or UBAC — driving with an unlawful bodily alcohol level/content
- OWI — operating while impaired, which though it shares the acronym, carries lesser penalties than operating while intoxicated.
Penalties can vary - the court is allowed their own discretion in determining the price you will have to pay for your alcohol-related offense.
- First offense — the court can assign you up to 93 days of jail time, plus license suspension involving either a 30-day suspension with a 150-day restricted license for Operating While Intoxicated OR a 90-day restricted license for Operating While Impaired. Probation is usually included after you have served your jail time, along with any additional conditions the judge decides to incorporate.
- Second offense - if you are charged with Operating While Intoxicated within 7 years of your first violation, the court can sentence you up to one year in jail, plus probation and a mandatory one year suspension of your license. You can’t even apply for a restricted license during this period - and there’s no guarantee you will get it back after the one year period ends.
- Third offense - if you are charged with a third drunk driving offense, you will be charged with a felony, and the court can sentence you to prison for up to 5 years. The key difference with a third offense is that it doesn’t matter how long ago your prior offenses occurred. This is a relatively new law; previously the requirement was that you have three offenses in ten years, but as of 2007, the newer and harsher penalties apply.
Note that in addition to all of these more serious penalities, Operating While Intoxicated adds 6 points to your license and a driver’s responsibility fee of $1000 per year for two years. Operating While Impaired adds 4 points to your license and a driver’s responsibility fee of $500 per year for two years. These fees are in addition to the court costs and fees.
License Suspension
Losing your license can seriously compromise your mobility and personal freedoms. Yet many people who have had their license suspended simply assume there are no more options and don’t think to contest this penalty. But there are actually two different ways in which a person can try to recover their right to drive:
- You can file an action in the circuit court. The circuit court judge then has three options - he or she can deny your request, fully restore your license, or restore your license with restricted driving privileges.
- You can petition the Secretary of State drivers’ license appeal division (DLAD) and appear before an administrative law judge to present your case for why your license should be restored. The Secretary of State has strict guidelines for determining whether someone is eligible to appeal a license suspension - often in drunk driving cases, you cannot file an appeal for at least one to five years.
In either case, effective legal representation is vital - if your case isn’t adequately prepared, your hearing will not result in restored driving privileges. And, you must then wait an entire year before attempting to file another action or applying for another appeal. A successful legal strategy will often include witnesses to establish your credibility, as well as documentation of any substance abuse counseling (if your suspension was related to a drunk driving charge). Judges are busy people, and they do not look kindly on anyone wasting their time with a poorly prepared case. Don’t make the mistake that could cost you the right to drive; contact an experienced Michigan criminal defense attorney.
This article was submitted by Deirdre Reedy on behalf of Paul J. Trafelski, P.C.
Paul J. Trafelski, P.C.
Paul J. Trafelski has practiced law in Michigan since 1995, representing clients in all areas of criminal defense from traffic violations to serious felony offenses. For more information, visit the website at http://www.michigandefenselaw.com
Article Source: http://EzineArticles.com/?expert=Deirdre_Reedy http://EzineArticles.com/?Understanding-Michigan-Driving-Violations&id=1114953
Posted by Gary P. Thompson on May 7th, 2008 with no comments.
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If you are charged under a DWI (i.e.-driving while intoxicated) case, then the first thing you should know is that you are in trouble. Such case may jeopardize your reputation, cancel your driving license or even land you in prison.
The only person who can stand by you, guide and ferret you out in this tough time is your DWI attorney. Since you have to undergo trial and may be even imprisoned (in case of accident) under a DWI case, it is an absolute must to hire a specialized lawyer. Don’t deliberate over this. Hire one immediately. However, most people are confused as to how to decide on a particular lawyer when you are short listing dozens and dozens of them.
What should be the basis of choosing the attorney?
The top 3 tips to bear in mind are as follows:
1) Go for DWI specialization: whenever you hire a lawyer, choose one who is specialized in these types of cases rather than in criminal law. Specialist’s fees may be slightly more than a generalist but he will have lot of experience on the subject. Also, he must have handled wide variety of complex and rough cases in this field. So, he will know how to go about your case with ease.
2) Check his track record: Needless to say, you should always go in for a lawyer who has many successful DWI cases on his record. This is because only lawyers with good reputation will take all efforts to satisfy their clients. To find about a lawyers track record, you can frankly question him about it. Or else, you can ask your friends around too. You can even contact the local Bar Association to guide you towards such a lawyer.
3) The ‘feel-good’ factor: see whether you ‘feel-good’ with the lawyer you have chosen. Can you relate with him and does he understand your problem dearly? Check whether your chosen lawyer has great work ethics and a high standard of discipline. If he is unruly in court, he will ruin your chance of winning the case
Therefore, to avoid all unnecessary penalties, choose a good lawyer who will stand by you and do his utmost for you. Don’t allow money to be the only factor for deciding a lawyer.
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http://www.aboutdwi.com/index.html Article Source: http://EzineArticles.com/?expert=Sara_Fredder Top 3 Tips On Hiring A DWI Attorney |
Posted by Gary P. Thompson on May 1st, 2008 with no comments.
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Difference Between DUI and DWI
DUI means Driving under Influence and DWI means Driving While Intoxicated. Though both appear to be the same, there are a few hairline differences between the same. Under the Texas law, DWI offence involves driving while intoxicated with alcohol or any other dangerous drug or a combination of both. But, the term DUI is used only when a minor is found driving a motor vehicle after consuming a detectable amount of alcohol.
The point to be noted in the Texas law is that DUI is meant
1. Only for minors and
2. Only in case of drunkenness with alcohol.
In all the other cases, only DWI applies. Though the explanation above is in case of Texas, different states handle these terms differently and what is stated is not a blanket definition.
The acronyms DUI and DWI have become very common place in today’s society. It is said that at least three out of every ten Americans has been directly or indirectly involved in some drunken driving accident. This is also the most leading cause of death among the youth in developed countries.
What is lacking is not just awareness and common sense but also calm and compassion. The ‘don’t-care’ attitude prevalent in today’s society makes people disregard the safety of the millions of people who travel along with them everyday on the roads.
If you are drunk, do not drive. Hire a cab, walk up the distance or ask for a lift. Remember, you are unfit to drive a vehicle for 12 hours after you consume your last drink.
Archana Sarat is a freelance writer, who breezed through her Chartered Accountancy sometime back in history. Visit http://www.aboutdui.org
Article Source: http://EzineArticles.com/?expert=Archana_Sarat
Posted by Gary P. Thompson on April 29th, 2008 with no comments.
Read more articles on DUI and DWI and Law.
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