Drunk Driving Troy
Searching for a Great Lawyer For Your Drunk Driving Case in Troy, Michigan?
Being arrested for operating 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 can face very strict penalties which could include incarceration, probation with tough conditions, fines and costs, driver's license sanctions, and increased insurance rates. Attorney Daniel Hilf is very compassionate to your current legal situation, he has represented many people accused of drunk driving in Troy Michigan, and he wants to help you obtain a great result. Even though each case has its own unique facts and circumstances, there are ways in which a experienced criminal defense attorney, such as attorney Daniel Hilf, can help you defend against a drunk driving charge.
With every drunk driving case there is some particular circumstance 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 a traffic stop, typically a police officer needs to observe some sort of traffic infraction (improper turn, speeding, invalid license plate, etc) or otherwise have a valid legal basis in order to legally pull you over. There must be probable cause for a traffic stop, meaning the police officer objectively needs to have an 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 is already at the side of the road (due to an accident, or mechanical issues, etc.) a police officer is generally allowed to approach the driver (and the vehicle occupants) and ask questions.
Once the police officer comes into contact with you, he or she may make 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; issues with balance and coordination; slurred speech; open intoxicants in the motor vehicle; etc. This may lead the police officer to attempt to conduct the standard field sobriety tests (horizontal gaze nystagmus [HGN], walk and turn, one leg stand, count backwards, etc.) in order to develop probable cause that operating under the influence of alcohol occurred by the driver. If there is a proper foundation established from the field sobriety tests, the police officer may administer a preliminary breath test (PBT) from a handheld instrument used to determine the presence and amount of alcohol in the alleged driver's system. The totality of the police officers observations may wrongly or rightly lead to an arrest for suspicion of drunk driving. After arrest, typically a Datamaster test is administered or a blood draw conducted by medical personnel in an attempt to precisely determine the level of alleged intoxication of the driver.
An invalid stop is a potential ground for your attorney to motion the Judge to suppress the evidence, and your attorney may need to conduct an evidentiary hearing in order for the Court to make a determination whether or not the stop was legal in your case. Your attorney may even try to challenge whether or not there was probable cause to administer a PBT test or to even arrest you. Even if the arrest in your case was 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.
There is critical evidence that may aid your attorney in the defense of your drunk driving case that he or she is entitled to receive from the prosecution. Many police cars (including police cars in Troy Michigan) are equipped with video and audio capabilities: the video is typically from the vantage point of the front of the police car looking forward, and there is a second camera facing the rear seating area of the police car to record anyone 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 officers also wear body cameras to preserve the officer's observations during their investigation (Troy Police use in car video and do not typically use body cameras). In many instances there is video and audio from the room where the Datamaster device is administered by a police officer (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 of the Datamaster equipment in order to ensure its reliability, which your attorney can obtain on your behalf.
Hire a Top Rated Troy Michigan Lawyer For Your Drunk Driving Arrest
The skillset of your criminal defense attorney is invaluable in the defense of your drunk driving case in the following manners: the ability to effectively question and cross examine a witness; legal research ability; trial experience and ability to advocate on your behalf; the legal acumen to provide you with great advice; etc. Your drunk driving defense in Troy Michigan is only as good as the lawyer who is presenting your drunk driving defense.
The type and severity of the drunk driving charge prosecuted against you may depend upon a number of different factors, including: the nature of the substance that you allegedly used (alcohol, marijuana, controlled substance, prescription medication); the level of intoxication (zero tolerance [for minors], impaired driving [OWVI], operate while intoxicated [OUI], super drunk); prior conviction(s) for drinking and driving/driving under the influence; 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 offense. These same factors can effect the bond amount and bond conditions set by a magistrate or Judge at the 52/4 District Court in Troy, Michigan.
There are several defenses which sometimes apply to drunk driving cases, in addition to the aforementioned evidentiary issues: the person charged was not actually the driver of the vehicle; the driver was not intoxicated; 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 may be based upon factors other than intoxication, such as: medical conditions, prior or existing injuries, poor lighting, bad road conditions, the weather conditions, inability to hear the instructions, and other valid reasons. Beyond a shadow of a doubt, the only way to present a strong and solid drunk driving legal defense to a Judge or jury is to have experienced and aggressive legal counsel in charge of your drunk driving defense.
In some instances, attempting to reach a plea bargain (a potential agreement with the prosecution to reduce or dismiss charge(s)) or attempting to reach a sentence agreement (a Cobbs agreement) may be your best course of action for your Troy Michigan drunk driving case. The negotiating skills of your criminal defense attorney may vital play a role in your ability to receive such consideration from the Oakland County assistant prosecutor or Troy city attorney assigned to your case or your Judge. Sometimes your criminal defense attorney will have to give you proactive advice as to obtaining treatment for your condition or documentation (medical records, AA attendance sheets, mental health counseling, etc.) to increase your odds of receiving favorable consideration from the Troy city attorney/ Oakland County assistant prosecutor or Court.
Just because you were charged with drunk driving, that doesn't guarantee you'll be convicted of this offense. A drunk driving conviction does not always mean that you will be incarcerated. When you retain Daniel Hilf to be your criminal defense attorney he will give you his honest advice on how to proceed with your case and will instill in you the confidence that your drunk driving defense is placed in very capable hands.