Fighting Your DUI: Drunk Driving in Michigan
Most every Michigan DUI charge starts with basically 3 questions:
- Is the evidence against you legal or was it obtained in violation of your rights.
- If it was legally obtained, will the evidence prove you guilty beyond a reasonable doubt to a Michigan jury?
- Did the police follow law, rules and administrative procedures, and if not, will such evidence be tossed out or the case dismissed?
In order for these questions to be answered, a good dui lawyer will gather police reports, patrol car video recordings, booking room video, data master logs, police dispatch records, blood vile (if blood was taken).
All of the questions above involve a thorough analysis of why you were stopped by the police from the get-go. In other words, were you driving badly? If not, then you need to fight on the basis of the stop. If the Judge (never jury) decides in your favor by finding that the ‘stop’ was not good, then it is likely that your case will be dismissed due to a violation of your constitutional right to be free from unreasonable searches and seizures (4th Amendment to the U.S. and Michigan Constitution).
Most police officers use weaving, swerving, speeding, making a wide turn as their basis for pulling you over (aka "stop"). However, this can be challenged by gathering evidence on your own through police reports, video recordings from the patrol car and the booking room, datamaster logs to ensure the machine was caliberated and maintained properly and the 15 minute rule was 'really' observed. If you simply go into Court without reviewing the evidence against you and other information available, you or your lawyer will be making an informed decision. Attorney Daniel Hajji will demand this material immediately after being retained.
Many people wrongly assume that because they had something to drink, and because they were arrested for a OWI/DUI, then they’re guilty. Wrong! It is not illegal to drink and drive in MI. The police officer may have formed incorrect opinions of your sobriety. Also, the scientific and administrative methods of testing your BAC (blood alcohol level) are not always accurate or properly administered. Attorney Daniel Hajji can study all of the evidence against you, and put each piece of evidence to the test to weaken the prosecutor’s case.
One example is the breath or blood test which is more of an “objective” measure of impairment, since it does not take the officer’s perceptions into account. However, mistakes the officer makes when giving you the test, and errors or inaccuracies of the machine itself, can both lead to erroneous results. The other types of evidence are “subjective” in nature, and do rely on the perceptions, memory, and opinions of the police officer. Because the police make mistakes - give you the wrong instructions, form false conclusions, and fail to accurately remember details – Attorney Daniel Hajji can often effectively challenge their testimony against you and knows where to look and what to look for to thoroughly challenge the evidence against you.