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DUI Penalties

The Federal government has decided to spend hundreds of millions of dollars training ordinary police officers as “drug recognition experts.”  The claim is that our highways are unsafe due to drivers impaired by drugs, and this includes prescribed medications.  While the highway safety goal of removing impaired drivers is laudable, the reality is something much [...]

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American citizens with DUI or drunk driving convictions on their records are often denied entry into Canada.  This is one reason Mike Kessler, the attorney handling Detroit Tiger Miguel Cabrera’s DUI in Florida, was concerned about a possible conviction.  According to the Detroit Free Press: Last summer, Miguel Cabrera’s attorney said that if Cabrera had [...]

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Former Detroit Piston Ben Wallace plead guilty to DUI today and in exchange for his plea, the much more serious felony offense of carrying a concealed weapon, will be dismissed.   Under this agreement Wallace, like anyone else in Michigan convicted of a first offense DUI, faces the following possible punishments: Incarceration/Jail :  Judge may sentence [...]

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Two lawyers will be asking Judge Kimberly Small to recuse herself, meaning they are asking her to disqualify herself from participation in a Michigan drunk driving cases on grounds that she is prejudiced in these cases.  Prejudice being defined here as the making of an adverse sentence beforehand or without knowledge or examination of the [...]

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Ben Wallace was back in court earlier this week for his preliminary examination on the felony charge of carrying a concealed weapon.  His attorney waived the examination, and the felony charge was therefore “bound-over” (sent to) the Oakland County Circuit Court for trial.  The OWI drunk driving charge went with the felony charge to the [...]

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Michigan MIP Law Under Siege

by admin on September 21, 2011 · 0 comments

A 13 year old Livonia boy is suing the police over what he believes was an unlawful search and seizure of his breath.  At issue is Michigan’s MIP law, specifically the question is whether or not the police can ask a minor for a preliminary breath test even if there has been no consent to [...]

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Drunk Driver Gets 33 Years in Prison

by admin on September 8, 2011 · 0 comments

An Illinois judge has sentenced a man convicted of five DUIs to 33 years in prison, this according to The News Gazette, which reported that: Testimony at his jury trial was that numerous people were forced off the highway during the late morning incident, that the driver disobeyed about eight traffic control signs during the [...]

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One of Judge Small’s ambitions as a Michigan 48th District Court Judge is to use her position to help curtail if not help to eliminate drunk driving in Michigan.  It is because of this that Judge Small places nearly all first and second offense drunk drivers in jail for at least a few days and [...]

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On July 27, 2011, Detroit Tiger Jalen Rose was sentenced to 20 days in jail for his first offense drunk driving.  The judge on his case, Kimberly Small, is said to be “one of the toughest in the nation” on first offense drunk drivers. Judge Small is a district court judge in Michigan’s 48th District [...]

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DUI defense lawyers who represent colleagues convicted of DUI have an obligation to report the conviction to the Attorney Grievance Commission.  This duty is shared by the client and the prosecutor.[i] Thus, there is a virtual certainly that the conviction will be reported and that the AGC will take some action. Disciplinary investigations involving impaired [...]

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