OUIL Lawyer Rochester
Searching for an Excellent Lawyer For Your Operating While Intoxicated Case in Rochester, Michigan?
Being charged with the offense of operating under the influence (sometimes referred to as OUI, OUIL, OUID, or OUIN) is very serious, and if you're convicted, you can face tough penalties which could include incarceration, probation with strictly supervised conditions, fines and costs, driver's license sanctions, and increased insurance rates. Lawyer Daniel Hilf is very compassionate to your current legal predicament, he has represented many people in Rochester Michigan facing this charge, and he wants to help you. Even though each case has its own particular set of facts, there are ways in which a experienced criminal defense attorney, such as attorney Daniel Hilf, can help you defend against a OUIL charge.
With every OUIL there is some set of circumstances 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 (speeding, invalid license plate, improper turn, failure to yield, 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(s) violated the law (as long as there was any lawful basis for the stop, it does not matter if the police officer used that reason or pretext to justify the stop). If the driver is already at the side of the road (due mechanical issues, a car accident, being lost, etc.) a police officer is generally allowed to approach and ask him or her questions.
Once the police officer comes into contact with the driver and/or passenger(s) of the automobile, he or she may make observations that might lead to an additional investigation which may include any of the following: the smell of intoxicants from the driver's breath or body; the smell of marijuana; watery, red, or glassy eyes; issues with balance and coordination; slurred speech; open intoxicants in the motor vehicle; etc. This may lead the officer to attempt to conduct field sobriety tests (horizontal gaze nystagmus [HGN], walk and turn, one leg stand, count backwards, recite the alphabet, etc.) in order to develop probable cause that operating under the influence of alcohol occurred. If there is a proper foundation from the field sobriety tests, the officer may administer a preliminary breath test (PBT) to determine the presence and amount of alcohol in the alleged driver's system. The totality of the officers observations before and during the traffic stop may rightly or wrongly lead to a subsequent arrest for suspicion of operating under the influence. After arresting the driver, typically a Datamaster test is administered or a blood draw conducted in an attempt to precisely determine the level of alleged intoxication.
An invalid stop is a basis for a lawyer to request the Court to suppress the evidence, and the lawyer may need to conduct an evidentiary hearing before the assigned Judge in order for the Judge to make a determination whether or not the stop was legal. The lawyer may even attempt to challenge whether or not there was probable cause to administer a PBT test or to make an arrest. Even if the arrest was totally lawful, there may be a basis to challenge the testing procedures that occurred as it relates to the driver's alleged level of intoxication, or to challenge the admissibility of a statement that was allegedly made to the police.
There is important evidence that may assist the lawyer in the defense of the case that he or she is entitled to receive from the prosecution. Many police cars are currently equipped with video and audio recording 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; 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 (Rochester Michigan Police typically only have the in car video and not body cameras). In many instances there is also a video and audio recording from the room 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). The police department is required to preserve logs relating to the maintenance of the Datamaster in order to ensure its reliability at the time of testing, which the lawyer can obtain on behalf of his or her client.
Hire a Trusted Rochester Michigan Lawyer For Your OUIL Arrest
The skillset of your OUIL defense lawyer is invaluable in the following manners: the ability to effectively question and cross examine a witness concerning the case; legal research ability; trial experience and ability to advocate on your behalf; the legal acumen to provide you with great advice; etc. Your OUI defense is only as strong as the lawyer who is in charge of your OUI defense.
The type and severity of the OUI charge prosecuted against you may depend upon a number of factors, including: the nature of the substance that you allegedly used (alcohol, marijuana, prescription medication, a controlled substance); 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 automobile during the incident in question; and whether or not an injury or death resulted from the OUI. These same factors can also influence the bond amount and bond conditions set by a magistrate or Judge at arraignment.
There are several defenses which sometimes apply to OUI cases, in addition to the aforementioned evidentiary issues: the person charged with OUI was not actually the driver at the time of the offense; the driver was not intoxicated; the driving in question was the result of a medical condition and not intoxication; the driver had a prescription for the substance in question and the dosage was at a therapeutic level; reasonable doubt; etc. In addition to intoxication, poor field sobriety test performance may be based upon other factors such as: medical conditions, injuries, poor lighting, bad road conditions, the weather conditions, inability to hear the instructions, and other valid reasons. It is beyond all doubt that the only way to present a strong and solid OUI legal defense to a Judge or jury is to have experienced defense lawyer in charge of your OUI defense.
In some cases, attempting to reach a plea bargain or a sentence agreement may be your best course of action for your Rochester Michigan OUIL case. The negotiating skills of your criminal defense attorney may play a role in your ability to receive such consideration from the prosecutor or Rochester city attorney assigned to your case or your Judge. Sometimes your lawyer will have to give you proactive advice as to obtaining treatment for your condition with proper documentation (medical records, AA attendance, counseling, etc.) to increase your odds of receiving a favorable result from the prosecutor or Court.
Just because you were charged with OUIL, that doesn't guarantee you'll be convicted of anything. An OUIL conviction does not mean incarceration in all cases. When you work with criminal defense attorney Daniel Hilf, he will give you his honest advice on how to proceed with your case and instill in you the confidence that your defense is placed in very capable hands.