22 yr. old son with 1st OWI

[quincy]

It was definitely a major error of judgment on your son's part when he got behind the wheel of a car after drinking but, whatever happens in Midland and whatever sentence the judge may order, your son will survive it.

I will hope for the best for him in court.

 

[ilworriedmom]

Again thank you. I have told my son about the postings and he appreciates the information as well. We still do not have a lawyer. We are speaking with a firm in Michigan that is all over the internet. It is all very slick advertising and it makes me leery in thinking that they prey on desperation. If you type in Michigan dui attorney you will find the firm. They have a "firm manager" that sounds like a sales man but he is good. I spoke to the actual lawyer that would handle the case (not the head guy) and he seems ok but I'm not sure that he would really devote the time to the case as they are located about 100 miles away from the court that my son will be going to. The lawyer has had cases in that court room though. This firm is supposedly experts in the field of drunk driving.

Then we have spoken to a women lawyer who I like, very expensive as well, not terribly well advertised but a well polished site but she is also located over 100 miles away and has never argued or dealt with that court. So no rapport with prosecutor or judge. I'm afraid if she goes in they will dig their feet in and not negotiate with her. She is also a supposed expert in the field of drunk driving and a former prosecutor.

The last lawyer we are considering is a local criminal defense lawyer in the area my son was stopped. An older gentleman who seems nice and somewhat sympathetic to my son's possible double punishment of two states. I don't think he would question the traffic stop or check into any possible problems with the blood results which I do think that the other two lawyers will do. My son's blood results will probably be higher than the pbt that he blew to get out of the jail. The thing about this guy is he may have a good enough rapport with the prosecutor who he was a former associate with that he might be able to get a charge of reckless driving. That would still be a misdemeanor that would have ramifications on his license that I'm not sure how it would translate into Illinois. I'm not sure that he would push too hard for this though because he might not want to make waves.

The bottom line is my son should have never gotten in a car when he was drinking but we are trying to make the right choice in an attorney. Sorry about the length of this but we are at a loss as to what to do.

 

[quincy]

I wish I could help you out by recommending a few attorneys, but we are not allowed to do that on this site.

You are definitely doing the right thing, however, by becoming educated about Michigan drunk driving laws and by researching attorneys carefully before hiring one.

Interviewing the attorneys, asking them about their educational backgrounds and qualifications, inquiring about their cases and case results, seeing if they specialize in drunk driving cases or if they have a more diversified practice, finding out what they charge and what exactly the fees cover - all of this can be important when making a decision. If you can find an attorney who is knowledgeable in the science behind the testing your son took, this can also help. Any attorney you hire should want to view the police video of the stop and go over all of the test results, as this is where a good defense can be found.

And I would not be overly concerned about the 100 mile commute some of the attorneys may have to take - many of the larger offices are located near larger cities.

I can't tell you which of the three attorneys whom you've contacted would be best for your son. They each seem to have their own plusses. I am sure whatever you decide, your final decision will be a wise one.

The judges in Midland seem to be pretty fair when dealing with young adults, and the fact that your son is a good student and has never had any problem with the law before will definitely work in his favor.

 

[ilworriedmom]

Well the first lawyer I mentioned seems to have all the qualifications that we should be looking for. He has a science background in the tests and procedures and only handles dui cases. I know he or someone in his firm will be looking at the videos and analyzing how the blood was handled. I know the last guy would not do that and that the women would do it but she has a more diversified practice but only as far as criminal law goes. She is the only lawyer in her firm but the has been practicing for 18 years as opposed to the first guy who has been practicing for a total of six. The first guy has only had 4 years as dui specific. He is not the head guy of this well known firm but does seem to have the training behind him to check into questioning the stop and blood test. We must make our decision today. I have really learned a lot about dui's in the past few days. I am tired of being so nervous and sick about the situation but on a bright note I have lost 7 pounds ( :

I don't know how people have lives with criminal records. Some may say its only a misdemeanor. But I can't imagine employers wanting to hire someone with a misdemeanor on their record especially in this economy when there are plenty of people looking for jobs who don't have a criminal records. Sigh. What a nightmare.

 

[quincy]

I think if word spreads of weight-loss through DUI charges, we may have a DUI epidemic.

I wish you good luck today in choosing your attorney. Once you make your choice and hand the whole matter over to the attorney, your stress level should go down quite a bit. The attorney will be the one worrying the details.

As for life after a misdemeanor, I suggest you Google "Judge Greg Mathis." People in this country are pretty willing to forgive errors of youth, especially when someone has shown they have learned from the error.

Good luck.

 

[ilworriedmom]

Quincy, It seems like you are a very kind person. If you can believe it's Friday and we didn't decide yesterday on a lawyer. We have a real fear that the lawyer that seems in theory to be the best choice, is just part of a big law firm that their only purpose is to secure new clients with all that they can do but in reality will have trouble with communication and actually being there for their clients. It scares me that if you google anything with the word Michigan and dui that their site comes up. I believe they have about 12 different sites attached to key dui search words. Is this because it is a scam or is it because they are smart on the business end? It is so much money, we can scrounge the money up if they truly do what they say but how do we know? Now we are considering the 6 hour drive to go and actually meet with the local lawyer to see if we hire him will he actually try and put on a defense or just encourage us to go through the system hoping for the impaired verdict which will be the same in Illinois as a full blown dui conviction with much more serious consequences then if he was licensed in Michigan. Thank you again for taking the time to respond to all the other posts.

 

[quincy]

I think you would be wise to schedule appointments and meet with each of your three top choices. Do not hire any one of them until you have met with them all. How they present themselves to you can give you a better idea of how they will present themselves in court.

They should all show an interest in your son and his future goals.

You want to like the attorney, but most importantly you want to TRUST the attorney. Compatibility is important, but knowledge, experience and skill will be more important. Again, you will probably be best served by an attorney who knows the science behind the blood tests and equipment, and the breath tests and equipment, and the field tests and how they are handled. These are the aspects of your son's case that may hold the defense he will need to get charges significantly reduced.

In your interviews with the attorneys, the attorneys should not be afraid to give some free advice, should not be afraid to admit he/she has not won all of his cases, should not be afraid to praise the other attorneys you will be speaking with (if he knows them and they deserve it ), and should be willing to explain in a fair amount of detail how the fees you pay will be earned. If the attorneys know the judge, ask them about the judge.

You may do better with an attorney who does not have such a large caseload that he will not have the time he needs to devote to your son's case. But you also don't want an attorney whose ONLY case is your son's.

If you are concerned about the DUI firm that seems to have overwhelmed the internet with ads and information, speak with the attorney from that firm about your concern (or ask other attorneys about that firm). Attorneys more frequently advertise their firms and their services now and it does not necessarily mean the firm doing the advertising is shady. Some top attorneys advertise while others never do.

I am sure your final choice will be a wise one. Good luck.



edit to add: The attorney who heads the firm that you question teaches a law class at a Michigan law school (on drunk driving and the science behind the testing) in addition to his work with the firm.

 

[ilworriedmom]

Thanks for the last thing you posted. I was aware that he taught, however we will not be getting him but another lawyer in the firm who is a "top trial" lawyer. He is somewhat young and they say he handles all of their cases outside the tri-city or tri-county area. I can't remember exactly what was said. Supposedly he specializes in out of state drivers who have been stopped. This attorney has only been practicing with the firm since 05 and I believe only practicing law since 04. The local guy has been practicing for over 30 years. We will be meeting with them both on Wednesday. I am really debating if we should file for an appeal for the refusal to blow with the secretary of state. Could we file it and then not have the hearing after a lawyer has looked at our information? Or would that be some kind of additional fine and trouble?

 

[quincy]

If you are getting close to the 14 day time limit to file an appeal, I would submit the appeal - although you can contact both of the attorneys on Monday to get their advice on the matter. Without the appeal, the Secretary of State's actions against your son are automatic, even if your son's case later winds up with reduced charges or winds up being dismissed in Midland.

An "implied consent hearing" date will be set. Your attorney can support your son's refusal to take the test in one of four areas, with the "reasonable refusal" factor perhaps being your son's best chance, although if the police officer did not advise your son of his test rights that is another possible area where the refusal can be successfully fought. The burden of proof will be on the officer who made the stop and he must appear at the hearing.

Experience in handling drunk driving arrests is important. I would check the Midland attorney's case results out, however, to see if he regularly challenges any of the tests given by the police or if he tends to treat all drunk driving cases the same to hurry them through the court system. You will want an attorney to view your son's case as unique.

I would also check to see how many cases the younger attorney has handled, his education in field sobriety testing and blood testing, and the results he has had in getting charges reduced or dismissed. You may want to find out if he has ever handled a case before the judge in Midland.

Good luck on Wednesday. I am sure that, after meeting the attorneys, you will feel more comfortable choosing between them.

 

[ilworriedmom]

Here is why I am so sick about this situation. I found this information in my searching around the internet.

A Michigan OWI case is far worse for an Illinois driver than an Illinois case.

In Illinois, a person who is charged with first offense DUI routinely gets a plea-bargain. This may be a reduction of the charge or "court supervision." There is no DUI conviction on his record in this scenario. Also, he can have a work permit (called a Restricted Driving Permit, or RDP, in Illinois) to drive during the suspension. By the time an Illinois person gets his first official DUI conviction he will have had at least one and possibly two or more prior DUI arrests. This is why the Illinois driver’s license consequences for a first conviction are quite severe.

The first consequence is a driver’s license revocation of an indefinite period of one year to life. The Illinois driver can apply for reinstatement after one year, but he may not get it.

It often takes three to five years to get a reinstatement. During the revocation period, he may be able to get an RDP (restricted driving permit) that allows minimal driving for work, but it can be difficult.

To get an RDP takes at least three to five weeks, and the applications are often deferred for much longer periods. Plus, there are counseling and other requirements. It is not unusual for it to take six months to a year to obtain an RDP.

In Illinois it’s important to remember that the first DUI conviction is almost never the first DUI arrest."

Illinois treats an out-of-state Michigan conviction as though it were an in-state Illinois conviction. So, even though the Michigan case resulted from the first DUI arrest, it is treated the same as a second or third arrest in Illinois. The Illinois authorities will issue an indefinite revocation order of one year to life, with limited and discretionary eligibility for an RDP.

There is no system of "court supervision" in Michigan. In Michigan, a defendant’s first DUI conviction will almost always be his first DUI arrest.

Do you think a prosecutor or judge will take any of this information into account? I think I probably know the answer to that. I'm sure they really don't care about the consequences in your home state.

 

[quincy]

I think that the question you pose would be a good one for the attorneys you meet with on Wednesday.

Neither attorney will be able to tell you for sure how much weight will be given the fact that your son is not a Michigan resident, but it certainly could play a role in the decision reached in your son's case.

But, predicting outcomes of cases and what judges will do is tough. All that can really be told is the worst case scenario and the best case scenario based on the law, and then hope the facts and the judge will support the best case.

Finally, it would not be so much that the judge and prosecutor don't care what happens to your son in Illinois, should your son's charge result in a Michigan conviction, as it would be the fact that the judge and the prosecutor are bound by Michigan laws and not Illinois laws.

The judge, in other words, may very well consider the Illinois consequences for your son of a Michigan conviction, but he cannot base his decision on these consequences alone.

I'm afraid this doesn't ease your worry any.

 

[ilworriedmom]

Quincy, would you say then, that if there is no room to question the stop or the blood tests, that the prosecutor is bound by law to not offer any kind of reduced charge? The reason I ask is because my son will lose his license for a one year suspension (a rdp is allowed with the BAIID being installed on his car) because of his refusal to the chemical test. He would not be a threat to anyone on the road because he would not be able to drive without blowing first to start his car. I am grasping at hope that a reckless driving charge might be offered as this would still result in a class a misdemeanor, fines and he would still be getting the punishment of the refusal. But I believe you are saying this could not be offered because they would be bound by law to offer nothing less than an alcohol conviction because of the evidence that they will have, blood, field sobriety test, etc.?

 

[quincy]

Again, this would be trying to guess what the prosecutor will do.

It is possible that the prosecutor will consider reckless driving, if it means avoiding a jury trial. This would be more likely, however, if your son's attorney can show there is some weakness with the prosecutor's case.

If the evidence shows some irregularities with the arrest or the tests, Michigan law allows for reduced charges and even a dismissal. It would be improperly administered tests or problems with the stop and arrest that are most likely to reduce the charges or lead to a dismissal. This is certainly not unheard of, even when BACs are high.

In other words, even when the original charges are alcohol-related and there is good indication that your son was drinking and driving, it does not necessarily mean your son will be convicted on an alcohol-related offense. But the outcome depends on so many factors, including the personalities of those involved in making the decisions, that predicting results is, as I said earlier, tough.

Working in your son's favor is his educational background, the fact that he has never had problems with the law before, his residence out of state, and his supportive family. The attorney will stress these factors if there is no disputing the test evidence.

And then you just hope for the best.

 

[ilworriedmom]

We went with the expensive DUI attorney firm. Hopefully we made the right choice. Even if the outcome is the same as the original charge, I feel like they will look at everything and bring my son's character into the picture. I did not get that same feeling from the local attorney.

 

[quincy]

I do not know either attorney, so I base this next statement on nothing more than a gut feeling - I think you were wise to chose the attorney from the firm.

It is often said that you get what you pay for. In your son's case, you get a firm with a known track record in the DUI field, even if you are getting it at a higher cost. I think your son will be served well.

I wish you and your son all the best luck.