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

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

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

As the defense attorneys at Canu, Torrice & Zalewski, PLLC / CTZ Law cautioned all Michigan driver’s on our www.AllLegalMatters blogs several months ago, despite the general representation to the public that a “no emailing / texting while driving” ticket in Michigan is just a zero (0) point offense with only a $100  fine, there are hidden penalties and severe financial consequences associated with such tickets because it will be abstracted to your driving record. 

See Blog comments below:

http://alllegalmatters.com/blog/general/michigan-texting-driving-law/comment-page-1/#comment-850

http://alllegalmatters.com/blog/general/michigan-texting-driving-law-takes-effect-july-1-2010-lawyer-fight-traffic-ticket/

Our insight into this new and confusing traffic law caught the attention of local Channel 7 news reporters in Michigan, who featured a segment with Paul J. Zalewski from this law firm about the hidden penalties contained in Michigan’s no text messaging while driving law.

Until now, the Michigan criminal and traffic defense lawyers at CTZ Law could only speculate how insurance companies would treat this type of traffic ticket for emailing or texting and driving in Michigan.  We were correct in our concern over the effects of this new

CTZ Law has been provided with a copy of a confidential memo from Citizen’s Insurance Company to their respective insurance agents in Michigan that reads as follows:

Texting/Emailing While Driving – Effective 9/1/10

Drivers ticketed for texting or emailing while driving will be assessed the same surcharge as a careless driving incident.This is effective 9/1/2010. For existing policies, the violation will be added at the next renewal. The violation will remain on the policy for 3 years.

Although this memo is just from one insurance carrier, there is no doubt that all major insurance companies will follow suit by implementing similar policies in order to radically increase your insurance rates.

Careless Driving in Michigan is a 3 point civil infraction and is one of the most severe civil infraction traffic tickets (non-criminal) that a police officer can issue.   As evidenced by this memo, this allegedly harmless 0 point offense for emailing or texting while driving will actually be treated like a 3 point Careless Driving ticket by insurance companies, who will use this to drastically increase your insurance rates for 3 years!   It is unremarkable that insurance companies and insurance lobbies were such strong supporters of this new legislation.

This is just further proof that if you are issued a traffic ticket in Michigan for emailing or texting while driving from your cell phone, it will cost you FAR more than the $100 fine for a 1^st offense, unless you retain the services of a qualified defense attorney to fight these charges or negotiate a plea on your behalf.  We strongly encourage you to contact CTZ Law immediately if you are issued such a citation and not to merely pay this ticket, otherwise that $100 you think you are spending on the violation may have another “0” added to the end of the dollar amount you think it will cost you.  Do not give the insurance companies more of your hard earned dollars by being misled to believe this is just a traffic ticket with a fine and no points; it will clearly have far more of an impact on your wallet than you were led to believe. 

Canu, Torrice & Zalewski, PLLC / CTZ Law

www.AllLegalMatters.com

(586) 285-1700

As many of you know, the “no texting messaging while driving”  legislation in Michigan has been signed into law by Governor Granholm on April 30, 2010 on the Oprah Winfrey Show. 

The new law reads as follows:
_____________________________________________________________________
April 30, 2010

EFFECTIVE DATE: July 1, 2010

STATE OF MICHIGAN

The People of the State of Michigan enact:

Sec. 602b. (1) Except as otherwise provided in this section, a person shall not read, manually type, or send a text message on a wireless 2-way communication device that is located in the person’s hand or in the person’s lap, including a wireless telephone used in cellular telephone service or personal communication service, while operating a motor vehicle that is moving on a highway or street in this state. As used in this subsection, a wireless 2-way communication device does not include a global positioning or navigation system that is affixed to the motor vehicle.

(2) Subsection (1) does not apply to an individual who is using a device described in subsection (1) to do any of the following:

(a) Report a traffic accident, medical emergency, or serious road hazard.

(b) Report a situation in which the person believes his or her personal safety is in jeopardy.

(c) Report or avert the perpetration or potential perpetration of a criminal act against the individual or another person.

(d) Carry out official duties as a police officer, law enforcement official, member of a paid or volunteer fire department, or operator of an emergency vehicle.

(3) An individual who violates this section is responsible for a civil infraction and shall be ordered to pay a civil fine as follows:

(a) For a first violation, $100.00.

(b) For a second or subsequent violation, $200.00.

(4) This section supersedes all local ordinances regulating the use of a communications device while operating a motor vehicle in motion on a highway or street, except that a unit of local government may adopt an ordinance or enforce an existing ordinance substantially corresponding to this section.

________________________________________________________________________

So, as previously discussed elsewhere in this blog, this civil infraction for no texting while driving in Michigan WILL go on your Michigan driving record even though it carries no points.  Logically any no texting while driving ticket MUST be abtracted to your Michigan driver’s license, otherwise police officers in Michigan would have no idea whether to charge someone with a “second offense” under the statute.  This means you need a lawyer from CTZ Law to fight no texting while driving tickets in Michigan so that they can be kept off your Michigan driving record.

This means your insurance rates will go up if you simply pay for a not texting while driving ticket in Michigan.  Therefore, if you get a no texting while driving ticket in Michigan you should treat this no differently than a speeding ticket or any other traffic ticket because IT WILL GO ON YOUR DRIVING RECORD IF YOU JUST PAY THE FINE!  It is irrelevant that it’s a “zero” point ticket because trust me, your auto insurance will no treat it as zero points, especially given the rationale behind the bill, since sending text messages or emails while driving is considered an inherently dangerous act that contributes to car accidents, etc.  In fact, according to the Michigan legislature, studies show that you are 23.2 times more likely to be in a crash or near crash. (See link to bill and read “Rationale”: http://www.legislature.mi.gov/documents/2009-2010/billanalysis/Senate/pdf/2009-SFA-0402-A.pdf

Trust us, auto insurance companies will take full advantage of this rationale and CHARGE YOU ACCORDINGLY in your increased insurance premiums!   

So, although police officers may tell you it is just a zero point ticket and just pay the fine, that is terrible advice.  If you do not have these kinds of tickets dismissed and prevented from going off your driving record, you may find that the $100 fine for a first offense may cost thousands of dollars in incresed insurance rates over the years.

Our Michigan lawyers are here to help you fight no texting while driving offenses in Michigan. If you receive a no texting while driving ticket in Michigan, contact the attorneys at our law firm, CTZ Law, and we will fight to keep this off your Michigan driving record.

Paul J. Zalewski
Canu, Torrice & Zalewski, PLLC / CTZ Law
www.AllLegalMatters.com
(586) 285-1700

CTZ Law has received several e-mails about Michigan’s new drunk driving OWI legislation that has been recently signed into law, so we will attempt to address SOME of the main issues with these new laws.

Everyone in Michigan knows that if you are charged with any type of drunk driving /OWI /DUI offense, you better hire a good criminal defense attorney who knows the driver’s license laws in Michigan (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 (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 dvice 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.

Canu, Torrice & Zalewski, PLLC / CTZ Law

www.AllLegalMatters.com

Call our expert drunk driving lawyers at (586) 285-1700 24 hours a day/ 7 days a week for a free consultation if you are arrested and charged with any drunk driving OWI DUI offense anywhere  in Michigan!

I am happy to say that yet another client of CTZ Law with an Offer to Engage Another for an Act of Prostitution / Solicitation of a Prostitute case from years ago had their case dismissed recently!  This client got pulled over by police on a speeding ticket somewhere in Michigan, and the officers advised him that there was warrant was still out there for his arrest for this Offer to Engage/Solicitation charge.

This client found www.AllLegalMatters.com, and hired CTZ Law after a free consultation.   That was money well spent because now his case is dismissed.  No plea, no fines, no costs, no probation, no sex classes, no conviction.

This client wanted to thank CTZ Law publically, and consented to me posting this brief story about the sucessful defense of his Offer to Engage Another for Act of Prostitution/Solicitation of a Prostutitute charge by CTZ Law, and thank CTZ Law for our help.  He actually hugged me outside the courtroom when I told him the case was being dismissed!    (Not the first time this has happened strangely).  I doubt he will use any other attorneys even again.

This is one of the many success stories of CTZ Law, and it is whywe believe we are Michigan’s best attorneys!

Canu, Torrice & Zalewski, PLLC / CTZ Law

www.AllLegalMatters.com

(586) 285-1700