There are many possible defenses. Drunk driving cases have similarities to each other but many differences too. Many defenses are real, others are not. Some attorneys lead clients to believe that an impossible defense will work only so that they can collect a massive fee. The client ends up convicted and broke. Make sure you ask your attorney for the names of the last five clients who they represented in trial.
Improper Stop: If it can be proven that the police did not have probable cause to stop your car, then the case will be thrown out. This is usually only possible when there is an in car video to prove the officer is not being truthful. Probable cause is defined as an articulable suspicion that criminal activity was afoot, or a violation of the traffic code, such as speeding or weaving, will provide a basis for the stop.
Police Violate Procedures Relative to the Chemical Testing:
The taking of breath and blood samples is governed by statues and administrative rules, as is the calibration and maintenance of the testing instruments. If it can be proven that the police did not follow the rules then the test results can sometimes be thrown out. This will not result in a dismissal but will likely result in the prosecutor making an offer that you cannot refuse, like careless driving.
Inaccurate Breath/Blood Test: The machines used by the police to test a person's breath/blood all have inherent inaccuracies. It is impossible for any testing instrument to be 100% accurate all the time. Blood testing is more accurate then breath testing. Just because you tested over the limit does not mean that you have no defense. It is necessary to retain an expert to explain to the jury how these instruments work and why your test is likely not reliable.
No Evidence of "Operation": A person may be in the driver's seat but not operating the car. To "operate" a motor vehicle, a person must be in "actual physical control" over the vehicle. This determination will depend on the specific facts of your case because the Michigan Courts have ruled that "once a person using a motor vehicle has put the vehicle in motion, or in a position posing a significant risk of harm, this person continues operating the vehicle until it is returned to a position posing no such risk." Consequently, if your car is running, but does not pose a risk, then your attorney might be able to argue that you were not "operating."
There is also a recently decided case in Michigan where an individual was found in a parking lot of a golf course, asleep at the wheel, with the engine running. Here the Court concluded: "that this evidence fails to establish that defendant possessed the requisite specific intent. The evidence does not sufficiently establish that defendant was intending to use his truck as a motor vehicle as opposed to just a shelter. The mere fact that the engine was running does not sufficiently establish that defendant had or was intending to put the vehicle in motion. As one of the arresting officers conceded, it was possible that defendant was simply keeping the truck warm while he slept." Every case is different, that is why creativity is essential in defending these cases.
Contaminated Breath Test: The administrative rules require that a person who is going to be tested not put anything in their mouths for 15 minutes prior to testing. If a person has gum disease, recently sustained a mouth injury, this may contaminate the sample. This was our defense in People v. Edwards.
National Patent Analytic Systems, the manufacturer of the B.A.C. Datamaster, the breathalyzer used in Michigan, claims that this is not possible because the machine is designed to detect alcohol/blood in the mouth. Other published and peer reviewed research proves this not to be true. Effects of Mouth Alcohol on Breath Alcohol Results
Illness: If a person suffers from congestion, the phlegm in the throat can retain alcohol like a sponge and cause an inaccurate breath test.
Length of Blow: Research by Dr. Dennis Simpson shows that the longer you blow the higher it goes! A six second blow will result in a .04 difference than a 24 second blow.
For example a .10 result may actually be a .06. Getting the video from the police booking room is essential in establishing this defense. Most departments only preserve the video for 30 days so it is important to act quickly in your defense.
The most effective way that I have found to defend these cases is by contrasting a person's performance/demeanor on sobriety tests with what a person's demeanor should be according to scientific studies on the affects of alcohol. This is most effective when an in car video is available.
Most departments only preserve the in-car video for 30-90 days. Time is of the essence!
No two lawyers' skills are the same! I am the only drunk driving defense lawyer who is both a graduate of the National College of Drunk Driving Defense and Gerry Spence's Trial Lawyer's College. There may be other defenses. You should not simply walk into court and plead guilty without first having your case evaluated by a skilled, knowledgeable and trial tested lawyer. Not all cases are defendable but all situations are explainable. It only makes sense to know all of your options before making a decision that will affect the rest of your life.
What makes my drunk driving legal defense different?
The Ambrose Advantage: When you hire me to defend you that is what you get! Many firms send in the young associates to try YOUR case. Just because a person has the title "attorney at law" does not make them a trial lawyer. I am a Trial Lawyer! I have proven that day in and day out in court rooms throughout Michigan and across the country. I am so confident in my skills that I have put some actual trial footage from a recent "NOT GUILTY" verdict. I think it is best to let my actions do my talking. Like Kid Rock says "It ain't bragging m.......r f.......r when you back it up!" |
