Driving Under the Influence Troy
Searching for an Aggressive Lawyer For Your Driving Under the Influence Case in Troy, Michigan?
Being arrested and charged with driving under the influence (sometimes referred to as OWI, OWVI, DWI, OUI, DUI, OUIL, OUID, or OUIN) is very serious, and if you're convicted you could face strict penalties including: incarceration, probation with tough conditions, fines and costs, driver's license sanctions, and increased insurance rates. Local Troy Michigan lawyer Daniel Hilf is very compassionate to your current legal predicament, he has represented many people accused of drunk driving in Troy Michigan at the 52/4 District Court, and he wants to help you obtain a great result through his legal representation. Even though your case has its own particular facts and circumstances, there are ways in which a experienced criminal defense attorney, such as attorney Daniel Hilf, can help you defend against a drinking and driving charge with legal acumen, litigation skills, and experience.
With every driving under the influence case there is some particular reason that brought you in contact with a law enforcement officer - a traffic stop, an accident, a disabled vehicle, a call from a concerned citizen, etc. When it comes to conducting a traffic stop, a police officer needs to witness some sort of traffic violation (improper turn, invalid license plate, speeding, etc.), equipment violation (cracked windshield, broken tail light, etc.) or otherwise have a valid legal basis in order to legally pull you over. There must be the existence of probable cause for a legal traffic stop, which means that the police officer needs to have an objective articulable and reasonable suspicion that the driver or passenger violated a State law or local ordinance (as long as there was any lawful basis for the stop, it does not matter if the officer used that reason or pretext for the stop). If the driver of the vehicle is already at the side of the road (due to mechanical issues, looking for directions, a car accident, etc.) a police officer is generally allowed to approach the driver (and the vehicle occupants) and ask questions. to find our what's going on.
Once the police officer comes into contact with you, the police officer may make personal observations that might lead to an additional investigation which may include any of the following: the smell of alcohol; the smell of marijuana; red, watery, or glassy eyes; slurred speech; poor balance and coordination; open intoxicants in the motor vehicle; etc. This may lead the police officer to attempt to conduct the standard field sobriety tests that you probably have seen on television (one leg stand, walk and turn, horizontal gaze nystagmus [HGN], count backwards, etc.) in order to develop probable cause that the driver was operating under the influence. If there is a proper foundation established from the field sobriety tests that were administered to the driver, the police officer may administer a preliminary breath test (PBT) from a handheld instrument used to determine the presence and level of alcohol in the alleged driver's body. The totality of the police officers observations during the traffic stop and interaction with the driver may wrongly or rightly lead to an arrest for suspicion of driving under the influence. After arrest, typically a Datamaster test is administered at the police station or a blood draw conducted by a medical professional (nurse, doctor, EMT) in an attempt to precisely determine the level of alleged intoxication of the driver.
An invalid stop is a potential Constitutional basis for your criminal defense attorney to seek to suppress the evidence against you, which may require your criminal defense attorney to conduct an evidentiary hearing in order for the Court to make a determination whether or not the stop was lawful in your case. Your criminal defense attorney may even try to challenge whether or not there was the existence of probable cause to administer a PBT test or to even arrest you under the facts and circumstances of your case. Even if the arrest in your case was by the book and completely lawful, there may still be a legal basis to challenge the testing procedures that occurred as it relates to your alleged level of intoxication, or to challenge a statement that you allegedly made to the police officer to keep them from being used against you.
There is evidence that may exist which will aid your criminal defense attorney in the defense of your driving under the influence case that he or she is entitled to receive from the city attorney/prosecution. Many patrol cars (including patrol cars used by police in Troy Michigan) are equipped with video and audio capabilities: the video is typically from the vantage point of the front of the patrol car looking forward, and there is a second camera facing the rear seating area of the patrol car to record anyone seated inside; the audio is typically from a microphone worn by the police officer that is sensitive enough to record conversations the police officer is engaging in. Sometimes police officers also wear body cameras to preserve the police officer's observations during their investigation (Troy Police do not typically use body cameras). In many instances there is video and audio from the room at the police station where the Datamaster device is administered (the Datamaster is the breath alcohol testing device at the police station, which is viewed as scientifically accurate as long as the testing is properly conducted and the Datamaster device is properly maintained). Troy police (as well as other law enforcement agencies) are required to preserve logs relating to the maintenance and reliability of the Datamaster equipment in order to ensure that the Datamaster device performs correctly during each test, which your attorney can obtain on your behalf and potentially use in your defense.
Hire a Top Rated Local Troy Michigan Criminal Defense Lawyer For Your Driving Under the Influence Arrest
The skillset of your criminal defense attorney is invaluable in the defense of your driving under the influence arrest in the following manners: the ability to effectively question and cross examine any and all witness(es) called to testify; legal research ability; trial experience and the ability to effectively advocate on your behalf; the legal acumen to provide you with great advice; etc. Your driving under the influence defense in Troy Michigan is only as good as the criminal defense lawyer who is presenting your driving under the influence defense.
The type and severity of the driving under the influence charge prosecuted may depend upon a number of different elements, including: the nature of the substance that you allegedly used (alcohol, marijuana, prescription medication, etc.); the level of your intoxication (zero tolerance [for minors], impaired driving [OWVI], operate while intoxicated [OUI], super drunk); your prior criminal conviction(s) [if any] for driving under the influence; whether or not there was the presence of a minor child in the vehicle during the alleged drunk driving incident in question; and whether or not an injury or death resulted from the drinking and driving offense. These same elements can effect the bond amount and bond conditions set by a Judge magistrate at the 52/4 District Court in Troy, Michigan for your case at arraignment.
There are several potentially applicable defenses which apply to driving under the influence cases, in addition to the aforementioned evidentiary issues: the person charged was not actually the driver of the vehicle (for example, the driver and the passenger switched positions); the driver was not actually intoxicated when the driving occurred; the driving in question was the result of a medical condition and not intoxication; the driver had a valid prescription for the substance in question and the dosage was at a therapeutic level; reasonable doubt; etc. Reasons for performing poorly on field sobriety tests are sometimes not the result of intoxication, but of other factors such as: medical conditions, prior or existing injuries, poor lighting, bad road conditions, the weather conditions, inability to hear the instructions, the officer's assessment was false, and other potentially valid reasons. Beyond a shadow of all doubt, the only way to present a strong and compelling driving under the influence legal defense to a Judge or jury in Troy Michigan or elsewhere is to have experienced and zealous legal counsel in charge of your driving under the influence defense.
In some instances, attempting to reach a plea bargain (a potential agreement with the Troy city attorney/Oakland County Prosecutor's office to reduce or dismiss a charge or charges) or attempting to reach a sentence agreement may be your best course of action for your Troy Michigan driving under the influence case. The negotiation skills of the criminal defense lawyer who represents you may play an important role in your ability to receive such consideration from the prosecutor assigned to your case or your Judge. Sometimes your criminal defense attorney will have to give you proactive advice to increase your odds of receiving a favorable result.
Just because you were charged with driving under the influence, that doesn't guarantee you'll be convicted of driving under the influence. A driving under the influence conviction does not always mean that you will be incarcerated. When you hire Daniel Hilf to be your criminal defense attorney he will give you his expert advice, he will zealously represent you, and he will instill in you the confidence that your driving under the influence defense is placed in very capable hands.