But when you pay the fines in an attempt to resolve the matter quickly, you are pleading guilty under the law. This can have serious consequences that you might not have been prepared for. This can even include jail time under the worst circumstances.

Speeding Penalties in Michigan

When you first got your ticket, you probably noticed a listed fine. You assume that you pay the fine and move on. However, there are other penalties you need to be aware of if you decide to pay your speeding ticket.

First, let’s take a closer look at what your fine could be. Under the law, the amount of your ticket will be based on how many miles per hour you were driving over the speed limit. Even driving as few as five mph over the speed limit can result in a $90 fine. Go 15 over the limit, and you’re looking at a $120 fine. Anything over 26 mph over the limit will result in a $155 fine.

But fines are not the only consequence. You also have to worry about your license. When you pay a speeding ticket, you will get points added to your driving record. The number of points is based on how many mph you were driving over the speed limit. You might get two points for driving 10 mph or less over the speed limit. But four for driving 15 mph or more over the limit.

Why Points on Your License Matter

The points matter because your driving record impacts your insurance premiums. The more points on your license, the higher you will pay. So, in addition to paying that fine, you will also be stuck with higher insurance rates for the next two years.

In addition, when you get too many points (12+), the state can order that your driving record be reviewed. This is when they have the power to suspend your license.

There are even some instances in which you could be sent to jail for speeding.

When Can I Go To Jail for Speeding?

A speeding ticket won’t automatically send you to jail. But the police can cite you for reckless driving. In these cases, your driving can be a misdemeanor or felony criminal charge. If convicted, you could spend time behind bars for speeding.

If you have been accused of driving 25 mph or more over the speed limit, you risk being charged with reckless driving. Misdemeanor reckless driving penalties include:

• Fines of up to $500
• License suspension
• Probation
• Up to 93 days in jail
• Community service

Felony reckless driving is a more serious charge. You could face these charges if the prosecutor can show that you were intentionally reckless. Penalties for felony reckless driving include:

• License suspension
• Probation
• Driver retraining
• Up to two years in prison
• Community service
• Fines up to $2,000

Defending Your Michigan Speeding Ticket

Any number of potential speeding ticket defenses could work for your case.

There are usually two different ways to approach cases like these. You can contest that you were speeding. Or try to justify your reason for speeding.

If you contest that you were speeding, we may need to introduce evidence that the police speed measuring equipment was faulty, used incorrectly, or provided invalid results. You can also question police officer perception of how fast you might have been going.

But if you are justifying speeding, that is different. We can provide evidence to support your reasons for speeding. Maybe you were speeding on your way to driving someone to the hospital in a medical emergency, for example. Providing the court with these medical records can support your case.

After reviewing the details of your speeding ticket, your lawyer will have a better idea of how to best approach your speeding ticket defense strategy.

Contact a Speeding Ticket Lawyer in Michigan

The consequences you could face if you are found guilty of speeding are greater than you might have thought. Don’t let yourself be convicted in the eyes of the law.

Get help from a Michigan speeding ticket lawyer. Call Drias Law Group at (313) 944-0236 today. We can set up your no-risk consultation by phone or through our quick contact form.

The post Can I Go To Jail for a Speeding Ticket? appeared first on Drias Law Group, PLLC.

Contact the Drias Law Group to speak with a knowledgeable Detroit lawyer about how we can protect your rights after a DUI arrest. Do not hesitate to contact our office today at (313) 944-0236.

The Penalties You May Be Facing After a DUI

Using the legal process to fight your DUI arrest may be the only way to end your case without facing any serious punishments that unfairly impact your life. A skilled lawyer will be able to review the case against you and give you an idea of the punishment that you can be facing. Furthermore, your lawyer can use their experience to determine how aggressively the prosecution will seek to handle your case. Working with skilled legal counsel can help you to fully understand the penalties that you face and whether going to court is ideal for your situation.

The various penalties that can follow a DUI arrest in Michigan include:

• Suspension of license: Your driver’s license can be suspended for up to six months after a DUI conviction. It is possible for you to seek a restricted license after the first 30 days of your suspension.
• Jail time: A conviction for a first DUI offense can result in up to 180 days in jail. However, this can be substantially increased if it’s a subsequent conviction, or if someone is injured in your case.
• Fines: The court can fine you hundreds of dollars for a first DUI offense, and thousands for subsequent ones. However, a conviction can bring about other expenses associated with reinstating your license and maybe being required to install an ignition interlocking device on your car.
• Community service: The court can require DUI offenders to perform community service as part of their punishment. This can involve up to 360 hours for a first offense.

How a Lawyer Can Build a Strong Case for You From the Beginning

Taking your case to court can make the legal process surrounding your DUI arrest weeks or months longer. However, you and your lawyer may agree that this can result in all charges being substantially lowered or even dropped. Every year in Michigan there are many instances of law enforcement errors made in arrests or when handling evidence. Your lawyer can argue that due to one or several of the following errors occurring, your case should be dropped:

• Police did not have probable cause: In order to detain and arrest you, police must legitimately have reason to believe that you are breaking the law. Officers must be able to testify as to why they pulled you over before you were arrested for DUI.
• A breath test did not follow a proper observation period: Breathalyzer tests can be inaccurate if certain substances are present in your mouth within 30 minutes before the test is performed. A person must be closely observed before the breathalyzer is used in order to make sure the test results are accurate.
• Failure to properly conduct physical tests: People pulled over for suspicion of drunk driving may be asked to perform physical tests such as walk-and-turn or a horizontal eye gaze. Mistakes made by police can make it impossible to pass these physical tests, and they can result in an arrest.
• Improper handling of physical evidence: Breath, urine, and blood machines must be properly maintained in order to give accurate blood alcohol readings. Technicians who improperly handle physical samples can cause evidence to be rendered useless.

A knowledgeable Michigan DUI lawyer can study your case by speaking with you, interviewing witnesses, and attending pre-trial court proceedings. This will help your counsel understand if your case can be successfully completed before trial. In some cases, it may not be possible to have all charges dropped. If this is your situation, a skilled lawyer can still work with the court to reduce charges and help you get your license back as soon as possible.

Drias Law Group Can Help You After a DUI Arrest

There are many questions that you need answered after an arrest. Fighting your case in court may offer you an excellent opportunity to clear your name. However, you may be successful in lowering or dropping your charges even without going to court. It’s important to call a skilled and experienced lawyer as soon as possible if you or a loved one were arrested for driving while intoxicated. Your case will move fast; protecting your rights will require you to not delay in taking action.

Contact Drias Law Group to speak with a Detroit defense attorney about your case. We know how important it is to protect your future after an arrest for DUI. Contact our office today at (313) 944-0236.

The post DUI Trials in Detroit: Should I Take My Case to Court? appeared first on Drias Law Group, PLLC.

In order to get his client’s driver’s license back and prevent convictions that could cause license restoration issues, attorney Martin Drias went to the various counties where the driving while suspended offenses occurred. Due to this swift action, the charges were kept off the client’s record. As such, he remains eligible to get his license back.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.

The post Traffic Charges Reduced for MI Man appeared first on Drias Law Group, PLLC.

Contact Drias Law Group to speak with a Detroit defense lawyer after you have been arrested for driving while under the influence. Do not delay in discussing your case with a knowledgeable attorney. Contact us today at (313) 944-0236.

You Have the Right to Have a Lawyer Through the Entire Process

Each DUI arrest has its own unique details, and it’s understandable for anyone to be confused about what to do in the days that follow. We strongly encourage you to call your lawyer as soon as possible after being arrested. Michigan law enforcement agencies make thousands of DUI arrests every year, and therefore they may give you the impression that this is routine. However, having experienced legal counsel will greatly help you navigate the entire process. Our firm’s goal is to have our client’s charges reduced or dropped, and this work begins right away after an arrest. Your lawyer can be of great help through the following steps:

• Arraignment: This hearing is where you are formally charged with a crime. While you don’t need a lawyer here, this is a great opportunity for your legal counsel to learn about your case and what evidence the prosecution will have.
• Pretrial hearings: Michigan DUI cases often have two or more pretrial hearings. Here your lawyer can negotiate for reduced or dropped charges while also receiving updates on the prosecutor’s case.
• Trial: Most DUI cases don’t go to trial, but letting the prosecutor know that you are ready for trial may encourage them to offer you an excellent plea deal. Detroit area prosecutors understand that our firm has the experience necessary to win cases in court.

Taking Your Case to Trial Generally Does Not Enhance the Risks You Face

Many people worry that fighting their case may bring about a risk of a severe penalty should they fail in court. This is not necessarily true. Michigan laws allow for the prosecution to be very aggressive when handling a DUI case. This means that given their strong position in a pretrial negotiation, the prosecutor can work to deliver a harsh penalty. While taking your case to trial can result in successfully clearing your name, it can take longer and cost more. The pros and cons of fighting your case are things that you must discuss with your lawyer. A DUI on your permanent record can also result in the following:

• Jail time: Up to three months for a first offense. Second and subsequent offenses can result in over a year in prison.
• Fines: First DUI offenses can bring about fines up to $500, but subsequent offenses often result in thousands of dollars in fines.
• Loss of driver’s license: Even a first DUI will result in at least 30 days of suspension for your driving privileges. You can permanently lose your license after multiple DUIs.

Police Officers Often Make for Poor Witnesses in DUI Cases

Law enforcement officers must take many steps in order to properly conduct a DUI arrest. While we hope that they are acting in good faith, it’s very common for them to make one or several errors. Studies by the National Highway Transportation Safety Administration have found that officers in numerous states make critical mistakes in about 10% of field sobriety tests. These tests include walk and turn, standing on one leg, and the use of machines such as breathalyzers. There are countless other mistakes that police can make which may severely harm your civil rights. Problems that prosecutors have when bringing police as witnesses in DUI cases include:

• Police can’t always recall the details: Poor note taking or the inability to remember important details of your arrest can severely damage the prosecutor’s case against you. Your charges should be dropped if police failed to protect your rights when you were detained.
• Officers are not always prepared for trial: The schedules of police and prosecutors will often not allow for them to take time beforehand and prepare their testimony in your case. On the other hand, you and your lawyer might have a great advantage if you work together to build a strong defense against your arrest.
• Police and prosecutors don’t always understand the science involved: Proving intoxication with a physical or chemical test requires making sure there are no mistakes which can unfairly harm the defendant. Unlike many officers or prosecutors, our experienced Detroit defense team understands the science involved in your case.

Drias Law Group Can Help You After a DUI Arrest

Prosecutors have a lot of pressure to hand out harsh penalties for DUIs in Detroit. For this reason, it’s important that you act quickly to protect your rights from an overly aggressive prosecution. Many DUI cases are weak and built on evidence that might not have been properly collected. While your case may initially seem desperate, a skilled Michigan defense lawyer can use their experience as they seek to have your charges reduced or dropped all together. Do not hesitate to call your lawyer after you or a loved one have been arrested for DUI in Detroit.

Contact Drias Law Group to discuss your case with a knowledgeable attorney who can help you understand your options. Contact our office in Detroit today at (313) 944-0236.

The post What Detroit Prosecutors Don’t Want You to Know about DUIs appeared first on Drias Law Group, PLLC.

You have the best chance of getting your license back and beating your OWI charge by contacting an OWI lawyer soon after your arrest. If you are caught driving without a license, you can face criminal penalties, including a fine or time in jail. At Drias Law Group, we offer a free initial consultation. You can contact us by calling (313) 944-0236 or use our online contact form.

Length of a Driver’s License Suspension in Detroit, Michigan

If your license has been suspended in Michigan, the length of time will depend on how many prior convictions you have for OWI within a certain period of time and whether or not you agreed to take a BAC test.

• First Offense – 6 month suspension
• High BAC OWI – 1 year suspension
• BAC Test Refusal – 1 to 2 years, depending on whether or not it is your first refusal
• Two or More OWI Convictions within 7 Years – Revocation for at least 1 year
• Habitual OWI Offender – Revocation for at least 5 years

You are required to submit to a BAC test at the request of any certified law enforcement officer who suspects you are driving while intoxicated or impaired. This is known as “implied consent.” In exchange for the privilege to drive within the state, you agree to submit to BAC testing if you are legally arrested. Failure to do so will result in an additional charge of refusing a BAC test and a lengthier driver’s license suspension. You will not be allowed to get a restricted permit if you refuse BAC testing. You are not required by law to submit to roadside sobriety tests or sobriety field tests, only an official BAC test usually administered at the police station or jail by a person certified to do the test.

Requesting a Restricted Driver’s License

If your license has been suspended, you can request a restricted driver’s license from the Secretary of State. You may request a restricted permit to drive to work, school, medical appointments, and alcohol or drug treatment. What happens to your driver’s license is separate from what will happen in court since the suspension is an administrative penalty.

If you agreed to take a BAC test and were charged with OWI, you must wait 30 days after your driver’s license is suspended to request a restricted driver’s license. If you were charged with Operating While Visibly Impaired instead of OWI, there is no mandatory wait time. If you were caught driving with a BAC level of .17 or greater, you will be prohibited from obtaining a restricted license for at least 45 days after your license suspension goes into effect. This charge is called High BAC OWI.

If you are pulled over while driving with a restricted driver’s license, you may be asked to provide prove of your destination, your work or school schedule, and any other proof that you have a valid reason for driving with the restrictions that have been imposed. If you are caught driving in violation of restrictions, you may face an extension of your suspension or criminal penalties.

What to Do After the License Suspension Ends

After the driver’s license suspension period ends, you may request reinstatement of your driving privileges. You must pay a reinstatement fee to get your license back. For an OWI, you must pay a $125 reinstatement fee. For drug crimes, the fee is $250.

What if My License is Revoked?

If your license was revoked because of multiple convictions for OWI or numerous points on your driving record, the revocation can be permanent. You have the right to request a hearing regarding reinstatement of your driving privileges.

If your license has been revoked in one state, it will affect your right to drive in any other state. If you live in another state and your license was revoked in Michigan, you will probably need to request a hearing in Michigan. A Detroit attorney can assist you with the process of getting your license back even if it has been revoked for several years.

Schedule a Free Consultation with a Detroit OWI Lawyer

If you have questions about your driver’s license after an OWI charge, talk to a lawyer about what to do next. Driving without a license is not worth the risk, and you may be eligible for a restricted driver’s license so that you can legally drive to work, school and medical appointments. Consult an OWI attorney at Drias Law Group by calling (313) 944-0236 or use our online contact form.

The post Getting Your License Reinstated in Detroit After an OWI appeared first on Drias Law Group, PLLC.

With the help of attorney Martin Drias, the leaving the scene of the accident charge was kept off the record and reduced to a civil infraction.

After that matter, the man received his third DUI charge, which is considered a felony in Michigan – no matter how many years have passed since an individual’s last conviction. Attorney Davis fought for the client and due to his negotiations, the case stayed in District Court, and the felony – which could have caused immigration consequences – was reduced to a misdemeanor.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.

The post Criminal Charges Reduced for Michigan Man appeared first on Drias Law Group, PLLC.

Attorney Martin Drias represented the client in District Court on the driving while suspended charge, and was able to get the charge amended something that wouldn’t go on her record or cause additional revocations. As such, they can proceed with the Secretary of State hearing to get her driver’s license back.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.

The post Behavioral Consultant Avoids Driving While License Suspended Charge appeared first on Drias Law Group, PLLC.

The client was denied restoration of his driver’s license, and attorney Martin Drias immediately got to work compiling all the paperwork to get his license back. In addition, attorney Davis submitted the application to the Department of State, and prepped the client for his license restoration. At this hearing, attorney Davis made an argument with the hearing officer, and as a result, the client’s license was restored.

In addition, attorney Davis represented the client on a charge of driving on a suspended license. If convicted, the man’s eligibility date to have his license restored would have been pushed back significantly, and he wouldn’t have been able to apply. Due to his quick defense on this matter, which occurred before the Secretary of State hearing, attorney Davis was successful, and the client was not convicted of this offense. As such, there were no additional license sanctions while he was waiting on the decision from the Secretary of State.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.

The post License Restored for Michigan Man appeared first on Drias Law Group, PLLC.

At Drias Law Group, we have a proven track record of obtaining positive outcomes in DUI cases. And those clients who come to us right after their arrest, and who avoid making statements to the police have a better chance of obtaining a good case outcome such as a dismissal or acquittal. For this reason, if you are facing Michigan DUI charges, you should act fast and contact a reputable attorney as soon as possible after your arrest. For a free and confidential consultation about your defense options, call us today at (313) 944-0236.

DUI Dismissals Generally Result From a Successful Motion to Suppress

In the American criminal justice system, one of the most powerful tools available to defense attorneys is the motion to suppress. This is a formal request for the judge to remove certain evidence from the prosecutor’s case–often because the suspect’s constitutional rights were violated during the investigation or arrest. In a DUI case, this usually happens for one or more of the following reasons:

• The police pull you over without reason–The police must have a legal basis for making a traffic stop, which requires that they see you breaking the law, catch you driving erratically, or reasonably determine that you or your vehicle are criminally suspect. In other words, the police cannot just pull you over on the hunch that you might be drunk. It’s essential that your criminal defense lawyer cross examine the police, who sometimes admit that they did not have a valid reason for pulling you over.
• The police arrest you without probable cause–Once they’ve pulled you over, the police must observe enough factors about your appearance and demeanor that suggest that you are drunk. Often times, the police gain probable cause after having you submit to a field sobriety test, which you can and should refuse. But even when you fail a field sobriety test, your lawyer can argue that your failure was due to a cause other than intoxication, such as fatigue, stress, or medication.
• The police didn’t read your Miranda rights–You have the right to remain silent and to call a lawyer when you are in police custody. And it’s the police’s duty to inform you of these rights when they place you under arrest. Their failure to give you a Miranda warning usually means that any incriminating statements you made after your arrest may not be used against you at trial.
• The police search your car without probable cause–Sometimes prosecutors use the results of a vehicle search to strengthen their DUI cases. For example, bottles in the backseat or drug paraphernalia in the glovebox may be introduced as circumstantial evidence of your intoxication. But your lawyer may be able to challenge the results of a vehicle search that we conducted without your consent or probable cause.
• The police or medical staff improperly measured your BAC–Whether your blood alcohol content was measured by a breath, urine, or blood sample, strict protocols apply. Any deviation from the protocols could mean that your BAC test is inadmissible evidence. This often happens when the breathalyzer was improperly maintained, or your blood or urine sample was mishandled.

When your lawyer has evidence that any of the above scenarios apply to your case, they will file a motion to suppress. If successful, the motion to suppress will result in the removal of all evidence from the case that was obtained in violation of your rights. For example, if the police pull you over without a valid reason, all of the evidence obtained as a result of the traffic stop should be removed from the case. This can include the officer’s observations of your inebriation, your statements, drugs or alcohol found in your car, and your BA test results.

Once the prosecutor has been forced to remove evidence from their case, your lawyer may be in a position to file a motion to dismiss. You can request the dismissal of a criminal case for a variety of technical reasons, one of which is the insufficiency of evidence. The judge will look at all of the remaining evidence in the prosecutor’s case, and determine whether it is enough to make a trial worthwhile. If the evidence is too thin, a trial is not necessary, and the charges against you may be dropped.

A Good Lawyer Is the Key to Getting Your Case Dismissed

If your lawyer doesn’t proactively look into your case, you may miss the window for challenging the prosecution’s evidence. This is why it’s important for you to work with a defense team that will give your case the attention it deserves. At Drias Law Group, we recognize the importance of acting decisively on our clients’ behalf in the early stages of the criminal justice process. We will fight for your rights and tell the judge that all unlawfully obtained evidence must be removed from the prosecutor’s case. If you’ve been charged with DUI, call us now at (313) 944-0236 for a free consultation.

The post How Detroit DUIs Get Dismissed appeared first on Drias Law Group, PLLC.

A felony DUI charge may occur under a fairly narrow set of circumstances: a third DUI charge, or a drunk driving incident that results in a death or serious injury. In each scenario, you may be able to avoid the increased penalties of a felony DUI conviction with the assistance of a Detroit DUI lawyer. To learn more about the defenses to felony DUI, call Drias Law Group today at (313) 944-0236 or use our online contact form to schedule your free initial consultation. Along with Detroit, Davis Law Firm also defends DUI cases in Flint, Port Huron, and Southfield as well.

A Third Drunk Driving Conviction Will Be Treated as a Felony

Under Michigan law, drunk driving is officially called operating while intoxicated (OWI) or operating while visibly impaired (OWVI). If you collect two convictions for either offense, your third will be treated as a Class E felony, which involves the following penalties:

• 1 to 5 years in jail
• A minimum jail sentence of 30 days
• Fines of up to $5,000
• 60 to 180 days of community service
• Revoked driver’s license
• Six points to your driver’s license
• Forfeiture of your vehicle

Despite the harsher criminal penalties, the worst part about a felony DUI conviction may be the collateral consequences. As a felon, you will face extreme difficulties in finding employment and housing–even years after you have served your sentence–and you will lose your right to own a firearm. These collateral consequences often outweigh the actual criminal penalties, especially since people with clear criminal records who get convicted of class E felonies usually receive a probational sentence of jail time only.

Owing to the seriousness of the collateral consequences of a felony conviction, Michigan DUI lawyers often try to “plead down” a third DUI charge to a misdemeanor. In this scenario, your lawyer would admit that you are guilty and agree to a jail sentence of two to three months. In exchange, the prosecutor would treat your case as a second DUI offense, which is a misdemeanor. Of course, in some cases it may be desirable to fight your charges at trial–despite the risk of a felony conviction should you lose.

A DUI Causing Serious Injury or Death Is a Felony

If you drive drunk and cause a serious injury, a prosecutor may charge you with a class E felony–the same as a third DUI conviction. For you to get convicted of OWI causing serious injury, there must be strong evidence that your drunk driving was the actual cause of the victim’s injury, and that the injury resulted in an impairment of one of the victim’s bodily functions. While a bruise or a cut might not be considered a serious injury, a bone fracture would generally meet this standard because it usually entails restricted mobility for some time after the accident.

You will face even harsher consequences if your drunk driving causes someone’s death. The offense is a class C felony, which carries the following penalties:

• Maximum prison sentence of 15 years
• A fine of up to $10,000
• Revoked driver’s license
• Forfeiture of your vehicle
• Six points added to your license

If the victim was an emergency responder, the offense is raised to a Class B felony, punishable by up to 20 years in prison.

You may be able to avoid these penalties if your lawyer can demonstrate that your actions did not actually cause the injury or death. By performing an accident reconstruction, it may be possible to show that some other factor caused the casualty. And just like any other DUI case, you may win by demonstrating that you were not actually impaired. If you’ve been charged with felony DUI in Detroit, Flint, Port Huron, or Southfield – call Drias Law Group now at (313) 944-0236 or use our online contact form for a free and confidential consultation about the defenses that might apply to your case.

The post When Is a DUI Considered a Felony in Michigan? appeared first on Drias Law Group, PLLC.