www.AllLegalMatters.com – Michigan Attorneys – (586) 285-1700 – CTZ Law

I am a resident of Michigan and I live in the Metro Detroit Area.  I took a look at your Blog entries but I didn’t see anything that even came close to answering the question that I have.  I’m a college student and I just went to the doctor recently and found out that I tested positive and have HPV, which I got from my boyfriend.  I had no idea that my boyfriend had an STD because he never told me.  When I confronted him he admitted to me that he had an STD.  I am extremely upset.  I am only 18 years old and now I have to live with this virus for the rest of my life.  I fell like my boyfriend (ex-boyfriend) should be punished.  Although I consented to having sex with him I had no idea he had a sexually transmitted disease.  Now, I will have this STD forever.  What Can I do?

I live in Monroe, Michigan and my job just relocated me to Detroit.  I haven’t had a license in years.  I need to get my Michigan driver’s license back right away.  Is it something that I can do on my own or do I need a lawyer?  A friend of mine told me that I just have to fill out a form and send it to Secretary of State.  Is that true or do I need an attorney? I just need to know what to do to get my driver’s license back.  What information do I need to gather if I want to meet with you?

I was in Royal Oak over the weekend at the Royal Oak Music Theater for Beer Fest.  My friends and I knew we would be drinking so we took a cab to Royal Oak and planned on taking a cab home.  After we went to Beer Fest we headed over to a couple different bars.  My friends and I were all together.  One bar we went to refused to serve me but kept serving my friends.  I asked them why they wouldn’t serve me and they told me I was too drunk.  I really wasn’t drunk, so I asked one of my friends who was still being served if he could get me a drink.  He got me a drink and I started to drink it.  We were just hanging out and talking and then all of a sudden I was yanked back by my shoulders by the bouncer.  The bouncer grabbed me by my arm, took my drink and started to force me out of the bar.  He had my arm bent behind my back and it was really starting to hurt me to I tried to rip my arm out of his hand.  I guess he thought I was trying to fight him but really I was just trying to get my arm free because he was hurting me.  He threw me out of the bar on the sidewalk and he threw my head into the ground.  I asked him what the hell he was doing and I kept telling him to calm down because I didn’t do anything.  He told me to shut the f*$% up and he had his arm pressed against my face and my face was pressed against the ground.  Before I knew it I was getting arrested by the Royal Oak Police Department.  I still am not sure why the bouncer assaulted me or hit me but I guess it was cuz my friend bought me a drink after they told me I couldn’t.  But I wasn’t out of control and I wasn’t even driving home and I don’t think I should have been assaulted or beat up like that by the bouncer.  My friends were there and they saw the whole thing.  Now the police are trying to charge me with being drunk and disorderly or drunk in public or something like that.  I have a clean record and I have never been introuble of any kind before in my life.  Is that a criminal charge?  I guess I just wanna know if I can keep my record clean, since I wasn’t drunk or acting crazy or out of control and then also if there is something I can do about that bouncer.  Can I sue the bouncer or start a lawsuit or something?  I have a black eye now and I work in an office job and it is just kind of emberassing.  I’m really upset.  Is there anything I can do?

Last month I got caught smoking a bowl behind my buddies place up at MSU while hanging out at Michigan State with some friends.  I’m 20 years old, and have never been in trouble but my parents dont know and it has to stay that way or they will kick me out.  I go to school somewhere else in Michigan and dont want to go to court 100 times for this possession of marijuana case, and dont want to lose my financial aid for college and dont want my parents to know.

I need a lawyer in Michigan who knows the courts up here at MSU in East Lansing to keep this possession charge off my record.  I stopped smoking weed now and am scared and just want this to all go away.  Can your lawyers help with this possession of marijuana case and can you PROMISE that my parents will not find out.  I know Im not 21 but I think I am an adult, and just want a clean record and want this drug charge GONE!

I just had a big flood in my basement and I think I have a lawsuit.  I live in Clinton Township Michigan and my insurance company is trying to deny my flood claim for the water damage in my basement. Im looking for a lawyer who is good with insurance claims and disputes for flood damage. My basement is trashed, carpet, padding, sofas, furniture, TV, stero, everything.  I think there may be mold developing too.  I called my insurance company but i think their insurance adjuster is trying to screw me over,  I have kids, a dog, its winter and I cant have no water damage in the winter and mold by family will get sick.  I need and attorney in Michigan to help with my insurance claim for this flood. Please help me if you can, i want my insurance money and this damage repaired.

Seriously, I was up north on the rifle river and we were on a kayak. We were drinking on the kayak while our friends followed us on the canoe. The police stopped us on the kayak and canoe and gave us drunk boating. Can they seriously give you a dui/owi for drinking on a canoe and a kayak? I think this is insane that we were camping there and using the rifle river to canoe and they gave us a drunk driving on something that doesn’t even have a motor. I can understand a boat with a motor, but a canoe and kayak??? Please help!!!!

i lost Michigan drivers license back in 1999 for dui arrest. moved to OK for a job in2007. mailed sec. of state all the paper work they ask for plus 125 reinstatement fee. OK gave me a license in 2009. now 2011 there is a hold by the state of michigan they want to do it all again and charge me more than they did the first time. is ther a statute of limitations on this kind of action. can’t afford 500$ plus there fee again. there bleeding me for money and i live in OK not MI

What I don’t understand is why the government believes college students should not be allowed the benefit of a food card just like everyone else. There are thousands of people within this system that misuse these privlages or that have these cards and do not even need them. So how than, can the government say that a person who works at a job to help pay their way through college (which costs more each year), cannot apply for a bridge card. What are they thinking, ‘let us live off from roman moodles and canned raviolis’…mmmm yum. Is there any way to get around this?

My son received an MIP ticket for drinking underage as a minor in possession of alcohol while he was visting a friend at school in Ann Arbor. He was not driving and was under the legal limit in Michigan because he was a .078 BAC on his ticket for alcohol so how can they charge him with MIP when he was not legally drunk and they did not catch him with alcohol. I read other MIP information on this web site and I am shocked that this will go on his Michigan DRIVING RECORD even though he was at a dorm and was not driving, how does that make sense and how is that even legal? I need an MIP attorney from your law firm who is willing to fight this case because I do not want this MIP up and U of M to ruin my son’s life because he was drinking underage and now has to worry about a misdemeanor charge and conviction being put on his driving record and his criminal record also! What do you think you can do and can you help please?

I have a domestic violence case in Mt. Clemens Michigan and I had a Pre Trial court date last week where I had some court appointed public defender. My wife was there said that it was just a misunderstanding and an arguement that anyone who is married for as long as we have been go though (13 years) and that she was not hurt or anything and wanted to dismiss the case. SHE DIDNT EVEN CALL THE POLICE OUR NOSEY NEIGHBOR DID! The weather was nice finally we had the windows open and the neighbor in Mt Clemens heard the arguement and called the Macomb County Sheriff Dept, they came, talked to both of us for anout 5 minutes and took me to jail. I cannot even go back home while this case is going on because the judge ordered me to have NO CONTACT with my wife at all because apparently their neighbor thought I was beating my wife and charged my with DV. I DID NOT COMMIT DOMESTIC VIOLENCE! How can they charge me? 

We have 3 kids, I work and pay all the bills and I have been sleeping on my friend’s sofa for almost a month now. My wife calls the prosecutor’s office all the time crying and to asks this case be dropped, she wrote letters, and no one will do anything. Its like they are out to screw me over. The lady they gave me as a public defender is terrrible attorney and spent about 2 minutes talking to me at court. She basically said I have to plea guilty, go thorugh months of anger management counseling and pay for it, and also pay almost $2000 bucks in fines to go home and see my family again or I might go to jail for domestic violence.  I have NEVER been in trouble in my life for ANYTHING!  Now I may go to jail and not see my family? 

I cannot believe with all the problems we have in this state and the county being broke (we dont even have a police department in Mt Clemens anymore) that they are going to stick me with this domestic violence charge. And if I do get convicted I can never own a gun again??? I am a hunter and have been deer hunting and rabbit hunting since I was a little boy. This is like a nightmare.

Can you guys please help? I needto have this case dismissed I will not plea guilty to something I didnt do. I’m impressed by what I have read on this website and it seems like you guys are not only great attorneys but actually care about your clients, more than I can say for this bitch laweyer the court stuck me with. I am not rich but if you can take credit cards or have a payment plan I would like to talk about hiring an attorney that (excuse my language) but actually gives a shit that this is ruining my life.

Sorry to bitch but I need help and I am about to just move my family out of state and say screw this I am so frustrated with this domestic violence case and noone seems to help.
Can you help

I lost my Michigan driver’s license 6 months ago for having my 2nd dui drunk driving and the state took my driving license away and suspended it for a year until i could get it back.  My first drunk driving case was reduced to operting impaired and not dui drunk driving but my second was was an OWI charge and they wouldnt reduce it at all.  Problem is I have to drive to work and I am a landscaper and I drive all over, so in the last month I got 2 DWLS charges for driving on my suspended license in Warren and Roseville Michigan and now I have court dates. I know this is bad but how bad is it? What’s gonna happen to my drivers license and will the State of Michigan ever give it back to me now. Can you keep me out of jail and save my drivers license please help I will lose my job and I make decent money in the summer months.  Also I am on probation for my last drunk driving still for the OWI case so I am afraid this will violate my probation there.  Can you help and is there anything that can evn be done?

At CTZ Law our attorneys have been waiting for a remedy of this illogical and unfair law places Defendant’s names on the Michigan Sex Offender Registry for consentual underage sex for Criminal Sexual Conduct (CSC) convictions.  Now the attorneys at CTZ Law can finally hep all the Michigan teenage Defendants who have been unjustly prosecuted and convicted of having consensual sex with a female (or male) between the age of 13 and 16, who are not more than 4 years older than the underage person, have an opprotunity to expunge themselves from the Michigan Sex Offender Registry with the attorneys at CTZ Law. The lawyers at our Michigan sex crime defense law firm have always strived to campaign and zealously defend against such unfair and opressive laws for years, and now our attorneys finally have a remedy for convicted CSC Defendants for consensual underage sex.

Under Governer Rick Snyder’s recent legislation, many teenagers cited for having consensual sex with minors no longer would be listed on Michigan’s sex offender registry.

The governor signed the sex offender registry bills just this past Tuesday April 12, 2011 to comply with federal law.  Under the measures, young CSC offenders will no longer be listed for having consensual sex with partners who were between the ages of 13 and 16, provided the offender was not more than four years older than the victim.  The new Michigan law allows for lawyers to petition the Courts to let those young offenders currently on the Michigan Sex Offender rRegistry be taken off if a court determines the sex was consensual.

CTZ Law has been waiting for such sensible legislation for a long time, and now we are ready to petition the Courts on behalf of our clients to remove their names from the Michigan Sex Offender Registry that literally ruins their lives, and labels them as a “sex offender” for nothing more than consentual sex.

Call CTZ Law today for a free consultation and we will begin the process of removing your name from Michigan’s Sex OffenderRegistry.

Paul J. Zalewski

Canu, Torrice & Zalewski, PLLC/ CTZ Law

(586) 285-1700

www.AllLegalMatters.com

Hey, saw all these blogs and wanted to ask about this nonsense that happened to me this weekend. Cop gave me a ticket in Detroit for LIPIO. Is this short for Loitering in a Place of Illegal Occupation?

I was just hanging out at the gas station and these guys rolled up. They said they were Detroit Police Officers. They told me I was Loitering and there was prostitution around the area. I know the weather is getting better but I didnt see any prostitution or drug sales. He wrote LIPIO on a ticket and slapped me with it. What happens in cases like this???

-Bill

My boyfriend goes to school at Grand Valley and got an MIP last night, and he’s 18. I was just wondering if there was any hope at all for him to walk away with this not going on his record. I know the judge there is very strict, so I was just wondering what will happen to him. Also, I want to know if it’s worth it to fight it or not.

Need a drivers license lawyer here in Michigan to help me i screwed up majorly and now i dont know if anyone can help me.  I live in Macomb Township and i lost my license because its suspended because of 2 drunk drivings here in Michigan and went with an attorney 2 years ago to Secetary of State for a drivers license appeal and lost.  After that I had to wait until this year to go back and I went by myself and lost again now my drivers license is revoked they said and I am really screwed!  I need my drivers license or I will lose my job because i cant keep askin my friends and my dad to drive me around everywhere.  Is it too late to reopen my case and try to get my license back to drive this year.  I wish I woudl have found your law office sooner but after my last attorney skrewd up i figured might as well try it on my own now I know tht was as HUGE mistake!!!

Please help if you can, thank you!

Quick background: My car was totaled in the spring and I purchased a used car. I was told by Michigan Secretary of State that the registration was around $350.00.   Due to family issues and a low paying job I was never able to come up with that money at one time so I was buying temporary monthly plates. From then until now I have gotten 3 expired registration tickets and a speeding 5 over ticket from four different district courts in Michigan. I  have not paid any of the tickets and I have one final court date coming up for the last ticket I received.

My question is, if I can get the money together for the court date coming up, should I be worried about getting arrested for the other unpaid fines or can I get that one taken care of no problem and then focus on the remaining fines at hand? Obviously like most others in our working class, if I go to jail my life is over, I’ll lose my job, bills will get backed up and no one in my family or among my friends has money to lend me…I would really appreciate help, I’m very frustrated and scared.

Thanks again.

ON Thurs Wednesday night (before thanksgiving) @ 1:55 am I was walking down an alley in downtown Detroit, aprrox. 1 block from greek town casino. This alley is right beside the Detroit Police Dept HQ. Parking lot.  It was a very Rainy night as well.

A police car rolled up behind me, and the female passenger asked me “what are you doing”

I didn’t answer, or just said, “going to greektown”.

She then asked “give me your ID”

I gave her my ID.

She then asked, “What’s that in your coat?”

So I handed her a beer that was in the inside pocket of my coat.

We had NO verbal conversation, whatsoever, other then that. (Should I have been informed I was under arrest?)

She wrote me out 2 tickets and then dumped the 1/2 beer out in the alley, she then attempted to give me back the empty bottle, but I declined the empty bottle and walked away. I believe I said “I don’t need that”.

Upon reviewing the tickets, I was given 1 ticket for urinating in public view. However, I do not believe that I was urinating as I was somewhat behind a dumpster, but I really don’t think I was actually urinating.  I believe I was walking and i stopped when she asked me “what  are you doing?”. It was very rainy, so I don’t know how they could have viewed me urinating from behind a dumpster.

My 2^nd ticket was for CONSUMING alcohol in public view, however, I was not consuming the alcohol. It was in my inside pocket, and the officer asked me “what’s in your coat?”.

So if she asked for the beer, out of my pocket, then I couldn’t have been consuming it.

I have no criminal record, at all. I’m in my 30’s.

How can I get out of this with no record?  (expunged/deleted/like it never happened)

Over here in Ontario, this is just a ticket.

I know some people will pay a fine & go to a class what is that usually about? How many Classes?

Lastly, how or when would this actually “HIT” my record.

Man…this is some nonsense!!!  They took my f’in car and said I was loitering in a place of illegal operation.  I was in Detroit hanging out with some of my boys and dis cop came up and said we was up to no good.  He said we was loitering in a place of illegal operation becasue we had some girls with us.  Im not gonna say these girls was the most innocent, but we wasnt doing nothing.

What am I supposed to do?  They took my escalade and searched me and charged me 1000 dollars to get my car back.  This is highway robbery!!!  What is the penalty for this case?  Should I just pay the fine or go to court or what?  I know im probably screwed on that money, but thats BS!

I was at a club this past weekend in Detroit and the damn cops raided it. They gave me a ticket for loitering in a place of illegal occupation. This all happened in Detroit. Along with the ticket for loitering in a place of illegal occupation they towed my car and made me pay 1000.00 to get it out! What am I supposed to do? I wasn’t even inside of the place when they game me this ticket for the loitering. How is it loitering in a place of illegal occupation anyway??

Heroin is a Schedule 1 drug and carries severe penalties, even for a simple felony possession charge as discussed elsewhere in this blog: 

http://alllegalmatters.com/blog/general/michigan-drug-defense-lawyer-needed-possession-heroin-mt-clemens-michigan-macomb-county-circuit-court

 If you are found guilty of a Heroin related crime, you are facing severe jail or prison time. It is important that you hire an aggressive Michigan drug defense attorney who has the experience and ability to defend your drug charges, and keep you from extended jail and prison time. 

Heroin has recently become one of the more popular drugs used in Michigan, and certainly the most addictive.  It is cheap, easy to get and highly addictive.  On the street heroin is also commonly  referred to as: “Dragon,” “Dope,” “H,” “Mud,” and “Smack.”  Heroin is synthesized from morphine and heroin is highly addictive and destroys families and lives.   It is illegal to use, possess or sell heroin in Michigan and throughout the United States, and even mere possession carries extreme penalties.

Heroin users become addicted very quickly.  Unfortunately, users soon build up a tolerance to the drug and need more and more heroin to experience that  extreme ”high” they originally felt when they first started using heroin.   Sometimes this is referred to as “chasing the dragon,” which smokers of heroin call it.  The more heroin someone uses, the more the become dependant on its use, and the more of a chance they have of overdosing on the drug and dying.   Heroin, in large quantities, relaxes a user’s lung function, and death commonly occurs when a user stops breathing or chokes on their vomit.

There are many ways to ingest or use heroin. The most popular method is injecting heroin into one’s veins, which is commonly called “shooting up.”  Veins eventually collapse from repeated heroin use and injection, and the user is forced to find a new vein leaving “track marks” all over their body from repreated use.   Injecting Heroin into the veins gives a user the fastest and most intense rush and high, which usually occurs within a few seconds. Other methods of using heroin include snorting and heating the drug to smoke it or inhale its vapors.  When a user inhales heroin, some residue of the drug is usually left on the inhalation tube and users resmoke this residue.   The “high” received from snorting or smoking heroin is not as potent or quick as the “high” from heroin injection, and accordinly heroin injection is the most addictive form of use.  Heroin remains in the body for a significant amount of time and can be detected in the blood, plasma, and urine. If you are convicted of a heroin related felony and are on probation, and arerequired to give urine under a probation order, and you have a “dirty drop” that shows the presence of heroin, you could be sentenced to jail or prison for the probation violation alone.  On a probation violation in Michigan a judge is not obligated to follow sentencing guidelines, and can sentence you to the maximum amount of prison time of your underlying criminal felony charge because in Michigan a probation violatio charge and conviction sentence amounts to a resentencing for your original crime without the restrictions of sentencing guidelines.

The government’s “War on Drugs” brought stricter drugs laws to Michigan and throughout the United States. The law enforcement and police throughout Michigan are cracking down harder on illicit drug use than ever before, especially heroin.  Courts and prosecutors are not lenient with people who have been caught using, possessing, or manufacturing, creating, or delivering heroin or other drugs. 

Heroin is a Schedule 1 drug in Michigan, which means the consequences and penalties for being caught with possession of heroin even under 25 grams are the most severe out of any other type of drug.  There are a variety of Heroin related crimes so the potential punishment depends on which charge a defendant is convicted of and sommonl other theft crimes accompany heroin possession charges because users depend on stealing and theft to support their heroin habit.

If you are convicted of mere heroin use it is a misdemeanor and you could go to jail for up to one (1) year or pay a fine of up to $2,000, or both.

Heroin possession is a felony as discussed above, and if you are convicted of possessing  or possession of even under 25 gams of heroin you face sever penalties:  Heroin possession in Michigan carries the following penalties, depending on the quantity: 

If you possessed 1,000 grams or more of heroin, you could go to prison for up to your entire life or pay a fine of $1,000,000, or both.

 If you possessed between 450 grams and 999 grams of heroin, you could go to prison for up to 30 years or pay a fine of up to $500,000, or both.

If you are convicted of manufacturing, creating, or delivering heroin, your punishment will likewise depend on the amount of heroin involved:

However, regardless of whether you were caught using,  possessing,  manufacturing, creating, or delivering heroin, your potential jai time, prison time and other punishments could be even more severe if any of the following circumstances apply to your case:

Also, if you are convicted of heroin use, possession, manufacturing, creating, or delivering, your driver’s license will be suspended, regardless of whether or not you were driving at the time of the offense. Your license will be suspended for six months after your first drug conviction. Your license will be suspended for one year if this is your second or more drug offense in the last seven years. You will also have to pay multiple fines to the State of Michigan.

The drug laws are incredibly difficult to navigate and require an experienced and able attorney to do so. Michigan treats all heroin crimes severely and you require aggressive and knowlesgable legal representation from a qualified drug attorney in Michigan.  Nobody should attempt to defend themselves or hire an attorney who is not experienced in heroin cases, or simply rely on a court appointed attorney.

If you are charges with any heroin crime in Michigan, you should contact the attorneys at Canu, Torrice & Zalewski, PLLC today for a free consultation.  Our law firm represents clients on heroin related felony charges frequently, and we can help keep you out of jail or prison, get you the treatment you need, and help you get yout life back.

Call right now at (586) 285-1700 to speak to a heroin defense attorney at CTZ Law today!

Paul J. Zalewski

Canu, Torrice & Zalewski, PLLC / CTZ Law

www.AllLegalMatters.com

(586) 285-1700

The Michigan drunk driving / OWI / DUI denfense attorneys at the Canu, Torrice & Zalewski, PLLC (CTZ Law) criminal defense law firm represent so many clients on 1st, 2nd and 3rd offense drinking and driving cases here in Michigan, and receive so many questions on this blog about the penalties and aspects of drunk driving in Michigan that  I will reprint the portion of our main website at www.AllLegalMatters.com below in hopes in will answer some of your questions.  

The offense of drunk driving in Michigan is currently known as “OWI” or “Operating While Intoxicated,” and this offense is exactly the same as an OUIL, UBAL, DUI or a DWI as it is referred to in other states, therefore we use the terms interchangeably. Every state has its own unique manner of classifying a drunk driving offense under several acronyms.

Previous statistics have shown that an OWI arrest is made about every ten minutes in Michigan alone.   A drunk driving charge is one of the most common criminal offenses in the United States, and the bulk of these charges are made against otherwise law abiding people. Approximately 3,836 people are arrested each day for suspected drunk driving nationally, with 150 people being arrested in Michigan daily.

Based upon recent reports from the federal government, approximately one in ten motorists arrested for drunk driving is wrongfully arrested, although our government describes this more optimistically as “accurate in 91 percent of the cases, or as high as 94 percent if explanations for some of the false positives are accepted.” (A “false positive” is an innocent person locked in jail, with or without an acceptable explanation.)

It is not illegal per se to drink and drive in Michigan.  In fact it is absolutely legal to drink and drive. It is only illegal to drive while “impaired” or “intoxicated.”   Moreover, even intoxicated motorists have constitutional rights that require a dismissal in many cases. If you have been charged with drunk driving, it is important that you contact an attorney at CTZ Law as soon as possible.  Important video tape evidence may be available that could exonerate you, require suppression of evidence, or mandate that the case be dismissed.

On September 30, 2003, Michigan made .08 % blood-alcohol content (BAC) the new drunk driving standard.   Michigan previously had a two-tiered standard, with .10 BAC or greater considered drunk driving and .08-.09 BAC being impaired driving.   Michigan is the 44th state to adopt an .08 BAC standard for drunk driving offenses.   A first-time offender convicted of drunk driving/OWI in Michigan faces severe penalties: up to 93 days in jail, a $500 fine, 360 hours of community service, 6 points on their driver’s license, 180 days with a suspended license, with a restricted license possible after 30 days. Convicted drunk drivers will also be subject to a new $1,000 Michigan Driver’s Responsibility Fee penalty which will be imposed for two consecutive years.

Drivers may still be arrested and charged with “Operating While Visibly Impaired” (“OWVI”) in Michigan, but under the new drunk driving laws, no particular BAC must be associated with an OWVI charge.   This means any BAC under .08 % can be considered “impaired Driving” in Michigan. A first time offender convicted of Operating While Visibly Impaired/OWVI faces up to 93 days in jail, a $300 fine, 4 points on their driver’s license, 90 days with a restricted license.   Also, an additional $500 penalty assessed for two consecutive years under Michigan Driver’s Responsibility Fee laws.

Operating Under the Influence of Drugs, or OUID, is treated similarly to an a OWI offense in Michigan. Michigan law contains a zero tolerance provision for drivers with certain illegal drugs in their system.  These “schedule 1″ drugs are those with no medicinal use, such as marijuana, GHB, cocaine and cocaine-derivative drugs. With this change, prosecutors will not have to prove the driver was impaired, just that they were driving with those drugs in their system.   This means a driver does not have to be “high” or intoxicated from illegal drugs at the time of the arrest for an OUID charge to be valid, just that there were illegal drugs in the driver’s system.   The same penalties for drunk driving apply to those convicted under the zero-tolerance drug provisions.   Other penalties have also been increased.

Michigan Implied Consent Laws provide for a suspension of your Michigan driver’s license if you refused to take a breathalyzer test (called a “DataMaster”) or blood test after you were arrested for a drunk driving offense.   If you refuse to submit to these tests, then you have only 14 days to request a hearing before your license is suspended for one full year, and 6 points are added to your Michigan driver’s license. For a second refusal in seven years, it is a two year driver’s license suspension.   Every driver in Michigan is required to submit to a breathalyzer or a blood test if a police officer has “probable cause” to believe you are drunk driving. Michigan’s “Implied Consent” laws set forth such penalties which are separate from drunk driving sanctions.   This means even if you are sober, if you refuse to submit to an breathalyzer or a blood test you may face a suspension of your Michigan driver’s license.   However, these penalties are not triggered by a preliminary breath test (“PBT”) refusal on the side of the road at the scene of a drunk driving arrest, Implied Consent violations only occur after you are brought back to the police station after an arrest fro drunk driving/OWI/OWVI.   A PBT refusal is only a civil infraction in Michigan that carries a fine of $100.00 to $200.00.   It is a zero (0) point offense that is not abstracted to your driving record, and is the functional equivalent of a parking meter ticket.

Everyone in Michigan knows that if you are charged with any type of drunk driving /OWI /DUI offense, you better hire a good drinking and driving DUI criminal defense attorney who knows the driver’s license laws in Michigan (as staed above, drunk driving in Michigan is referred to by courts, police and attorneys as “OWI” being an acronym for “Operating While Intoxicated,” which is the same thing as “DUI” as many people commonly call it).

Well, this sound advice is about to have even more weight added to the scales of justice with the newest set of drunk driving / OWI / DUI laws in Michigan.  Michigan has continued its trend of increasing the penalties for drunk driving or OWI offenses in January 2009, when Governor Jennifer Granholm signed into law what many care referring to as Michigan’s “super drunk” driving law, which is set to take effect on October 31 2010.

Michigan’s new “super drunk” OWI driving law imposes harsher penalties on this accused of drunk driving OWI first offense with a bodily alcohol content (BAC) of 0.17 or more grams of alcohol per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine (NOTE: the new law only applies to 1^st offense drunk driving cases).   

The most significant increased penalties under Michigan’s new “super drunk” driving law are the potential for increased jail time from 93 days in jail, which has traditionally been the maximum penalty for an dunk driving OWI 1^st offense, to 180 days in jail (6 months)  for those convicted of a “super drunk” driving OWI first offense.

Additionally, upon conviction of a “super drunk” driving OWI, the Michigan Secretary of State will suspend your Michigan driver’s license for one (1) full year, with the first 45 days as a “hard” suspension with no driving privileges whatsoever, and the following 320 days with a restricted driver’s license CONDITIONAL upon the convicted “super drunk” driver having an ignition interlock device (an alcohol breathalyzer essentially) installed on the person’s vehicle.   The way a typical ignition interlock breathalyzer device works is before you can stat your vehicle you have to blow into the breathalyzer attached to the ignition of your vehicle, and then you have to periodically blow into the breathalyzer while you are driving as well (which prevents someone from having a non-drinker blow into the ignition interlock breathalyzer just so they can start their car and drive).  If you blow above the minimum level allowed of 0.025 BAC, your car will not operate.  Oh and yes, you will also have to pay to have this ignition interlock device installed in you vehicle which is very expensive.

The increased driver’s license sanctions and suspensions under the new “super drunk” driving OWI law represents a significant increase from a standard drunk driving OWI 1^st offense which carried a six (6) month driver’s license suspension, with the first 30 days as a “hard” suspension and an automatic 5 month restricted license thereafter with NO ignition interlock requirement.  The new “super drunk” driving OWI law in Michigan also provides an additional penalty for any Michigan driver who attempts to operate their vehicle with an ignition interlock in place by increasing the driver’s license suspension penalty for any violation.  Specifically, if a convicted “super drunk” driver in Michigan attempts to operate their vehicle with an ignition interlock after blowing a BAC of 0.025 or more into the vehicle’s built in breathalyzer machine, (in addition to being a certain violation of any probation with the court with likely jail) the Michigan Secretary of State will automatically impose another 45 day “hard” suspension on your driver’s license, and 320 day restricted driver’s license, once again, conditioned on having an ignition interlock device on your vehicle. 

So, what does this new drunk driving legislation mean to Michigan drivers and attorneys?  More possible jail time, more driver’s license suspension sanctions, and more fines costs and other fees for defendant drivers if they are convicted – and an increased need to have one of the drunk driving OWI attorneys at CTZ Law protect your rights and defend against these Gestapo like drunk driving OWI laws in Michigan. 

With the creation of this new “super drunk” driving legislation in Michigan, prosecutors and courts will most assuredly have a new set of policies and plea bargain restrictions, as well as sentencing tendencies, which could mean jail time and a loss of your full Michigan driver’s license for a year unless you have a dunk driving lawyer who knows the law and the defenses to drunk driving cases.  Fortunately the Michigan drunk driving OWI attorneys at CTZ Law are already preparing for this new law change and developing new defenses and strategies to combat these harsh new “super drunk” driving laws in order to protect your rights.  Fear not, for our law firm will continue its leadership role in the battle against police and prosecutors under these new drunk driving laws.

Why The Attorneys At CTZ Law Get Results Others Cannot?

The expert drunk driving/OWI attorneys at CTZ Law provide their clients with aggressive and thorough legal representation in defense of all types drunk driving and OUID cases. Our attorneys are well trained in Michigan’s drunk driving laws, field sobriety testing, and the science behind breathalyzer and blood testing. MANY DRUNK DRIVING CASES HAVE DEFENSES THAT MOST ATTORNEYS OVERLOOK! The criminal defense experts at CTZ Law have the extensive training, specialized knowledge of the law, and trial experience to win drunk driving cases in Michigan. As soon as the attorneys from CTZ Law are retained for your case, discovery requests and subpoenas are served on the arresting police department and the prosecutors or city attorneys pursuing your case in order to protect your Constitutional rights. Many attorneys fail aggressively seek the discovery evidence that could help you have the charges against you dismissed.

Put the power of our knowledge and extensive legal experience to work for you! Many Michigan attorneys claim to be “drunk driving experts” but most simply walk into court and accept whatever “plea bargain” the prosecutor offers their client. The attorneys at CTZ Law will NEVER plea their clients guilty to any offense unless every possible defense is exhausted. The Michigan criminal defense team of attorneys at CTZ Law are available 24 hours a day at (586) 285-1700. Call our law firm today!

PAUL J. ZALEWSKI

Canu, Torrice & Zalewski, PLLC / CTZ Law

www.AllLegalMatters.com

(586) 285-1700

Email: ctzlaw@yahoo.com

I live in Windsor Ontario Canada and I commute to the United States. I work at a small deli right on Harper in Saint Clair Shores Michigan and the damn cops got me for drinking and driving after I had a few. I was drinking some wine with the boys after work and pulled out onto harper and the cops stopped me, gave me and OWI (DUI?) ticket and now I have a court date arraignment at the 40th district court in St. Clair Shores, Michigan. What are the laws and rules for drunk driving in  a Canadian citizen in the States and can I really go to jail realisticly?  How does this effect my drivers license in the united states and canada, someone told me I lose my license.  What are the drunk driving penanlties I can expect and can you help me?

What am I supposed to do?  I am broke and getting foreclosed on.  I don’t have that much debt but need to get rid of my house.  What is this thing called cash for keys?  Can you explain. Does filing bankruptcy help and with a foreclosure does it even matter? Sorry I hope you can help I am just a litte afraid of filing bankruptcy chapter 7 but with a foreclosure on my home not sure if it matters and I am looking to see what this cash for keys program is all about and if it is anything that makes a difference.

I dont know what to do. I am in my second year at U of M ann arbor and I got busted with minor in possession and Possession of Marijuana. I was walking across the street with a beer and the cops stopped me and made me blow in a pbt. It read .08 .09 .10 .11. I blew in the damn thing four times and it kept going up. Then the ann arbor cop made me blow again. It went like this .14 .05 .02. What does all this stuff mean and what am I supposed to do?

After all that they searched me and found weed and a couple vicodin pills. I dont have a prescription but it is just a couple pills. They just took the pills from me but charged me with minor in possession of alcohol and posession of marijuana. Isnt .08 the legal limit? What is the legal limit if .08 isnt it?

I used to work at restaurant in Grosse Pointe. While their, another coworker burned me with a coffe pot. It was pretty bad. I never went to the doctor and just let it heal on it’s own. I was told it was probably a 2nd or 3rd degree burn. I have a two nice bigs scars from this on my arm now. My question is, is it too late to sue for this. It’s been 4 months now. Also, if I can sure, can I sue the coworker and the owner?

Thanks

I was with some friends this past weekend at MSU in East Lansing and I was crossing the street with beer in my hand and a cop saw me and starting harassing me.  I didnt get an MIP or anything because I am 21 now (but 3 of my friends did and they are looking for help and advice) but  the beer wasnt in a cup i guess so it is an open intoxicant the cop said then he frisked me and found a pipe in my shirt pocket with the smallest amount marijuana and i was arrested fo open intoxicants alcohol and possession marijuana and narcotics paraphernlia.  Imean there was barely any pot in the bowl and he charged me anyway.  How can police frisk me down like that and he never even read me my rights? I am supposed to graduate this year and get my degree in business management and now I have this to deal with and I am freaked out bceause a drug charge will go on my record and I will be f’d.  I read on this blog site how much you helped people with MIP up here at State, can you do he same for marijuana charges?  Cn I actually go to jail and have probation and all that? I have a job and some money but Iam not rich can you help me? What should I do?  Also for my friends isnt an MIP just like a traffic ticket you can pay why do they have to go to court?

Shoplifting Charge in Michigan

What is the specific law in Michigan regarding Shoplifting or Retail Fraud. I was stopped upon exiting a grocery store in Roseville Michigan, Macomb County with the suspicion of shoplifting. The police report states that I was not seen taking anything but was observed in one aisle with an item in my hand and the observed in the next aisle without it. I was not observed taking anything. When the police officer in Roseville arrived and upon my arrest asked the managers which one saw me take the item they said none of them did but went by the observations stated above. I thought the the way the law reads is that the person must be observed picking up the item, following the person and actually witnessing him conceal it. This was not the case. I was stopped at the door and asked what I had. I did not say anything and was subsequently arrested. I feel that the stop was illegal, illegal search and seizure and also false arrest. Does anyone know where I can find the specific law on this. Thank You.

I go to Michigan State University and the other night I got all drunk at a fraternity party. I was walking down MAC in East Lansing and I got too fricking tired to walk. I’m so stupid I saw a bike sitting on a porch and I walked up and stole the bike. East Lansing Police saw me steal the bike and charged me with larceny. What is larceny? I go to MSU and I am on a scholarship. What are the penalties for larceny in Michigan? Am I going to jail? I don’t want my parents to find out!!!

I need an attorney for criminal charged for MIP minor in possession of alcohol and possession of marijuana.  I am 20 ys old and was out with some friends and got caught with a little marijuana like abt 1/8 of weed and was drinking.  I was charged with MIP and possession marijuana and have court next week in the Saginaw District Court.   I was wondering first if this can be kept off my record and what are the penalties like fines or probation or court costs or jail I guess even. I heard from my friends who live there that Judge is tough and I cant afford to have anything on my record because I am transfering to another college next year and I know colleges run your criminal record.  They also told me not to hire a attorney from in Saginaw because they suck and work more for the court then they do for you and attorneys from the city get better deals.  I was hoping lawyers from your law firm handle MIP and marijuana cases in Saginaw and want to know what I can expect up there and help keep this off my record if possible.  I had an MIP when I was 16 but I think it shouldnt show up on my record anymore but IDK.

Wow I need help in a major way from an attorney and I have never been so scared or stressed in my whole life.  I’m 40 years old and I had a child with a women 9 years ago. it was a one night stand and I was up in Michigan visiting family and then I moved back down to Florida where I lived most my life and sure enough I got her pregnant but didn’t even hear about it until almost a year later.  She started a Friend of the Court Child SUpport lawsuit case against me andeven though I never got any paperwork or anything, and I never had no lawyer and all of a sudden I’m paying thousands of dollars in child support all these years ago. The Wayne County judge in Michiga ordered me to make these child support payments but then I lost my job and the child support arrears kept piling up and I fell way far behind in child support payments and now I owe like $50,000 dollars.  I dont even make that much in 2 years when I was working!!!  Now I have a felony case for non payent of child support in Detroit Michigan at Wayne County Frank Murphy Hall of Justice and the attorney general for Michigan is prosecuting me and I am facing prison time!  I didnt even know I had a warrant for my arrest for child support arrearages but I was arrested in Florida and brought me all the way up here to Michigan to face charges. I was in jail for 2 days before they even arriaigned me and I had no lawyer and I was screwed.  I am not even in front of the sam judge who ordered the child support and they say if I dont have the money I am going to be convicted of a felony and go to jail or prison.  How the hell can I catch up and continue to pay child support payments from prison????  I have a lot of questions so I will try to be focused.  

The mom of this 9 year old and I have been talking and we came to an agreement on our own that if I pay her $10,000 at once she will just forgive and waive the rest of the money I owe through friend of the court and then we want to get out of friend of the court in Detroit alltogether and I will just pay here what I can when I can.  Things are much friendlier with the mother and I now and she wants to help me but the prosecutor from attorney generals office wont help and the friend of the court lady said I cant come to an agreement with the mother of this child even if she wants to.   How is that possible?????  This is the stupidest thing I ever heard.  If I dont pay money I dont have I go to jail where I cant pay anything for sure then I will be a felon and will never get a job with a felony on my record so then I really wont be able to cathc up or pay.  No one cares in the court and the state just wants to prosecute me because they say I am a dead beat dad.  I am unemployed and broke so how am I a deadbeat dad?

I need an attorney to represent me in this child support felony case  but I also need a child support family law attorney to help me figure out a way to pay this lady money and let us figure out what is a fair amount to pay for child support and get away from the Wayne COnty friend of court because I am seriously broke and unemployed.  I have to drain most of what is left in my 401k on hardship just to get the $10,000 to pay this women to try and catch up.  I do not want to take $10,000 out, pay her, then still owe $40,000 more plus continuing to pay FOC child support payments and have a felony on my record and maybe go to jail.

 Can a lawyer from your law firm help defend me with both my felony child support case and my friend of the court problems in Detroit?  That Wayne County Frank Murphy court in Detroit Michigan and those people at friend of the court are so rude and unhelpful  I need some attorney who knows that screwed up system down there to help me get this deal done.  My mom and dad are going to help me pay for an attoney to defend and represent me on this criminl felony non support case and the child support payment MI friend of the court issue, so I do have money to hire you, but I just want to know something can be done.

I