Your drunk driving arrest has thrown a wrench into your life. You have never been arrested before. This is your first DUI. Will your license be suspended? Will you end up in jail? A Michigan criminal attorney can answer your questions regarding California's complex DUI laws and help you through the legal process, often delaying or even preventing the suspension of your driver's license or avoiding jail time.
California has two basic DUI laws, found in Vehicle Code section 23152, sections (a) and (b):
Although there is only one act, the law states that a defendant charged with a DUI can be convicted of BOTH offenses, but can only be punished for one.
If you have been arrested for a DUI, it is important to immediately seek legal representation. You only have 10 days from the date of arrest to request a DUI DMV Administrative Per Se (APS) hearing with the Michigan DMV in order to prevent the automatic suspension of your driver's. Your Michigan criminal attorney will set a hearing date and properly represent you in order to preserve your driving privileges and allow you to continue to legally drive pending the outcome of the APS DMV hearing.
Punishments for a DUI arrest should not be taken lightly because there are severe penalties involved. When charged with violating Michigan DUI laws, you will face proceedings in the criminal justice system and a hearing with the Michigan Department of Motor Vehicles. You may be subjected to both criminal and civil penalties. Most drunk driving charges are misdemeanors but if other factors are present, such as injury, accident or three prior convictions, felony DUI charges are laid.
Understanding the Michigan DUI laws for both proceedings is not simple. These laws are purposely drafted in a vague and complex manner. Because of the complexity of these laws, it is in your best interest to hire a Michigan criminal attorney as soon as possible. Conviction is not inevitable and a knowledgeable attorney will be able to either avoid or reduce the impact of the penalties.
At the Law Offices of Chris Trainor, we know how stressful a drunk driving arrest can be. We are here to help. Our highly experienced attorneys and staff are prepared to guide you through this ordeal.
For a complimentary consultation with a Michigan criminal attorney, please contact the Law Offices of Chris Trainor.
Driver mistakes cause the overwhelming majority of auto accidents in the United States. In fact, according to the National Highway Traffic Safety Administration, human errors contribute to approximately 94 percent of all wrecks.
Construction has a reputation for being the most dangerous industry in the United States – and for good reason. According to the Occupational Safety & Health Administration, there were 4,679 fatalities on construction sites in 2014 alone.
Your Michigan DWI attorney may attack the arresting officers claim that your eyes were bloodshot the night of the arrest. This attack is based on the premise that the officer does not have a baseline of how your eyes normally appear. Bloodshot eyes are normal for some people.
However, even if your eyes are not normally bloodshot, many factors are known to cause red eyes. Contact lenses, smog, allergies, fatigue, and smoke in bars are all possible causes of bloodshot eyes. Any or all of these factors may be raised by your attorney during the arresting officer's cross-examination, especially any factor that is applicable to you.
The sample cross-examination below is typical of what questioning your Michigan DWI attorney might employ regarding the issue of bloodshot eyes:
Q: Officer, you have never met the defendant before the night you arrested him?
A: Yes, that is right.
Q: Therefore, you had never observed his eyes before that night, since you had not met him before?
A: That would be correct.
Q: You are not aware of how the defendant's eyes normally look in the morning?
A: No, I am not.
Q: How about the afternoon you do not know how the defendant's eyes look in the afternoon?
A: I have no idea.
Q: Then you have no idea how the defendant's eyes look after he has been working all day?
A: Not a clue.
Q: And you do not know whether or not the work the defendant performs causes eyestrain?
A: I do not.
Q: You have no idea where the defendant works?
A: No, I do not.
Q: Can you describe how the defendant's eyes appear at night in normal circumstances?
A: No.
Q: Do you agree that there are quite a few different things that can produce bloodshot eyes?
A: I believe so.
Q: Smog or pollution can produce it?
A: I believe so.
Q: Tiredness or fatigue?
A: Yes.
Q: Wearing contact lenses can produce it?
A: As I said before, other things can produce it.
If you have been charged with a DWI and would like to consult a competent and knowledgeable Michigan DWI lawyer, please call the Law Offices of Christopher Trainor & Associates at 800-961-8477.
Unfamiliar roads can be confusing and dangerous to navigate. Constantly checking street signs, missing turns, and breaking the speed limit are common causes of accidents. In fact, according to the Federal Motor Carrier Safety Administration, 22 percent of all large-truck crashes occur on unfamiliar roads.
The brachial plexus is a nerve cluster that sends signals from the spine to the upper limbs. As Johns Hopkins Medicine explains, an injury to these nerves can affect movement and sensation in the arms, shoulders, and hands.
From drunk drivers to faulty parts and poor weather, there are countless factors that can contribute to car accidents. However, driver error causes the vast majority of crashes – and many of these wrecks involve distractions.
