Importance - Traffic Stop - Michigan Criminal Defense Attorney, Josh Jones - July 22, 2013

Initial Traffic Stop - Importance

Not all individuals drive a motor vehicle, but it sure seems like it. With that said, many instances that involve Police Officers occur when an individual is driving on the roadways.  Police have a wide discretion when it comes to stopping a motor vehicle.

A Police Officer must have witnessed a traffic violation when making a traffic stop; this will continue to be effective when or if the officer has ulterior motives prior to making the stop. Therefore, once the police have a valid reason, such as a traffic violation, he or she is able to pursue his or her own investigation of the activities occurring inside that particular vehicle.

When looking at cases involving traffic stops, Defense Attorneys will start at the beginning. “Why was my client initially stopped or pulled over?” If the initial traffic stop is not valid, because there was no reason for pulling the vehicle over, then a crime that the police discovered after the stop may be precluded from being entered into evidence at trial. If this occurs the more serious crime that particular individual was facing could be dismissed.

With all of this said, it is important to know that police will be able to stop a vehicle for numerous or voluminous reasons. This rule of law is one of the first thought of by any Defense Attorney when he or she has a client that is charged with a crime that involved a motor vehicle.

PLEASE DO NOT RELY upon any of the information contained in this article when trying to represent yourself. You should always consult with an attorney before relying upon any written advice, article, blog etc.

Refusing Chemical Test - Michigan Criminal Defense - Attorney Josh Jones - Drunk Driving - Knowing The Law

Consequences of Refusing a Chemical Test during DUI Investigation

Implied Consent Law: If arrested for a drunk driving offense in Michigan, all drivers are considered to have given their consent to take a chemical test to determine your bodily alcohol content (BAC).

Purpose: The immediate purpose of the ‘implied consent law’ is to obtain the best evidence of blood alcohol content at the time of the arrest of the person; the long range purpose is, of course, to prevent intoxicated persons from driving on the highways.

Facts: An individual is driving South on Mission St., Mt. Pleasant, MI, and is stopped by a police officer. A DUI investigation is conducted; the driver will be first asked to provide a proof a license, registration, and insurance. Next, it is typical of an officer to ask if the driver had consumed any alcohol prior to operating the motor vehicle; the driver will then be asked to step out of the vehicle to perform a number of sobriety tests. Additionally, if the officer believes that the driver is intoxicated, he/she will ask the driver to submit to a Preliminary Breath Test (PBT). Once the driver is placed under arrest, he/she, in addition to the PBT, will be asked to submit to a chemical test; either blood or breath.

Ramifications:  A first refusal results in a one-year suspension and the second or subsequent refusal in seven years results in a two-year suspension, six points are entered on the person’s driving record. A person who refuses the police officer’s request to take a chemical test has his or her picture license confiscated and is issued a temporary permit. MCL 257.625g(1). The nature of the permit will explicitly put an individual on notice that a test has allegedly been refused. The individual will then have 14 days from the date of the arrest to request a hearing. MCL 257.625f(1). Failure to do so results in an automatic one- or two-year suspension depending on the individual’s driving record.

With regard to refusal to submit to an evidentiary chemical test (breathalyzer), a hearing shall only cover the following issues set forth in MCL 257.625f:

1)      Whether the peace officer had reasonable grounds to believe that Petitioner had committed a crime described in section 625c(1).

2)      Whether Petitioner was placed under arrest for a crime described in section 621c(1).

3)      Whether Petitioner was advised of the rights under section 625a(6).

4)      Whether Petitioner unreasonably refused to submit to the test upon the request of the peace officer.

The peace officer has the initial burden to establish these issues while the Petitioner has the burden to prove and affirmative defense to a refusal, pursuant to 1999 MR9 R 257.310. The standard of proof is “preponderance of the evidence”. Under MCL 257.319b and MCL 257.625f, after considering the evidence presented, the Hearing Officer will either impose a suspension/revocation of the license/operation privilege and all CDL endorsements, or take no licensing action. The Hearing Officer cannot issue a restricted license or work permit.

Possible Outcomes:

1)      Suspension.

2)      If officer fails to appeal, charges will be dismissed.

3)      First time offenders can petition the Circuit Court for their restricted license.

Contact Josh Jones today. He has your back. 

PLEASE DO NOT RELY upon any of the information contained in this article when trying to represent yourself. You should always consult with an attorney before relying upon any written advice, article, blog etc.

Michigan Criminal Defense Lawyer - Drunk Driving Overview - Josh Jones - ALL FELONIES AND MISDEMEANORS

The State of Michigan has various criminal charges for alcohol or drug related acts. These charges and/or convictions carry with them possible licensing sanction, jail time, fines, community service and/or counseling.

It is imperative to know what can and will happen to you if you choose to pled guilty to or are convicted of the following crimes:

ZERO TOLERANCE MCL 257.625(6) - applies to individuals under 21 with a Blood Alcohol Content (aka BAC). There is no statutory jail required, but the maximum fine is $250.00 with Licensing Sanctions as follows: 1st offense - 30 day suspension with restrictions after that time; 2nd offense within 7 years is a 90 day suspension.

Operating While Visibly Impaired (aka OWVI) MCL 257.625(3) – has a maximum jail time of 93 days with maximum fines of $300.00 and Licensing Sanctions as followed: 1st offense: 90 day suspension with restrictions; 2nd offense within 7 years or prior MCL 257.625 conviction then it is an indefinite revocation and eligible for restriction after 1 year; 3rd offense or 2 prior MCL 257.625 convictions then it’s a 1-5 year revocation.

Operating While Intoxicated 2nd (aka OWI) has a jail term of 5 days to 1 year and a $200.00 to $1,000.00 fine. The license sanction is a 1-year revocation if prior MCL 257.625 conviction within 7 years. The vehicle may also be subject to immobilization pursuant to MCL 257.625.

Operating While Intoxicated 3rd (OWI 3rd) 30 days to 1 year in jail. The licensing sanction is a 1- to 5-year revocation.

Operating With High BAC – is an OWI charge where the individual has a BAC of .17 or more. The maximum jail up to 180 days with a possible $200-$700 fine.

Moreover, an individual should note that the maximum possible licensing sanction that may be imposed will be based upon the master driving record maintained by the Secretary of State under MCL 257.204 [257.625b(4)]. Prior issues with the drivers license can impact the ability for an individual to obtain his or her license when facing any of the above mentioned crimes.

ALL THE ABOVE MAY BE SUBJECT NOT LIMITED TO, BUT INCLUDING THE FOLLOWING:

1. Secretary of State will or may suspend your driver’s license.

3. The Court will suspend your driver’s license.

4. Secretary of State will revoke or deny your driver’s license

5. Screening and Assessment for substance abuse and rehabilitation may be part of any sentence order, all at the defendant’s expense. MCL 257.625b(5)

6. Breath Alcohol Ignition Interlock Device (aka BAIRD) placed in defendant’s vehicle for a specified amount of time will be ordered at defendant’s expense.

7. Community Service.

8. In addition, defendant may be ordered to pay restitution, cost of prosecution, and reimburse the county for your jail stay and probation oversight fees.

Always consult an Attorney prior to moving forward in any criminal matter. Criminal charges, especially alcohol and drug related offenses will and can impact an individual in multiple ways. Make sure that you have the right person in your corner. Josh Jones has your back.

DO NOT RELY ON THESE LEGAL OPINIONS AND OBSERVATIONS WHEN REPRESENTING YOURSELF IN COURT. THESE ARTICLES ARE NOT MEANT TO COMPENSATE OR EFFECUATE LEGAL REPRESENTATION. YOU SHOULD AND MUST CONTACT AN ATTORNEY AND DISCUSS WITH HIM OR HER THE CONSEQUENCES OF ANY AND ALL IDEAS, STATEMENTS, OPINIONS, EXPRESSIONS OR OTHERWISE STATED ON THIS SITE. HOPE TO SPEAK WITH YOU SOON.

Drunk Driving - Statistics - Michigan Criminal Defense Attorney Josh Jones - ALL FELONIES & MISDEMEANORS

Drunk Driving Statistics

US adults drank too much and got behind the wheel about 112 million times in 2010. Though episodes of driving after drinking too much (“drinking and driving”) have gone down by 30% during the past 5 years, it remains a serious problem in the US. Alcohol-impaired drivers* are involved in about 1 in 3 crash deaths, resulting in nearly 11,000 deaths in 2009.

Driving drunk is never OK. Choose not to drink and drive and help others do the same.

*These drivers had blood alcohol concentrations of at least 0.08%. This is the illegal blood alcohol concentration level for adult drivers in the United States.

People who drink and drive put everyone on the road in danger. 
Certain groups are more likely to drink and drive than others.

•Men were responsible for 4 in 5 episodes (81%) of drinking and driving in 2010.


•Young men ages 21-34 made up only 11% of the U.S. adult population in 2010, yet were responsible for 32% of all instances of drinking and driving.


•85% of drinking and driving episodes were reported by people who also reported binge drinking. Binge drinking means 5 or more drinks for men or 4 or more drinks for women during a short period of time.

Your best defense against a drunk driver is to buckle up every time.

Every person in every seat should be buckled up on every trip. Seat belts reduce serious injuries and deaths from crashes by about 50%.

Primary enforcement seat belt laws allow police to stop vehicles just because someone is not wearing a seat belt. These state laws are effective in increasing seat belt use.

There are proven ways to prevent people from drinking and driving.

•At sobriety checkpoints, police stop drivers to judge if they are driving under the influence of alcohol. More widespread, frequent use of these checkpoints could save about 1,500 to 3,000 lives on the road each year.


•Minimum legal drinking age laws prohibit selling alcohol to people under age 21 in all 50 states and the District of Columbia. Keeping and enforcing 21 as the minimum legal drinking age helps keep young, inexperienced drivers from drinking and driving.


•Ignition interlocks prevent drivers who were convicted of alcohol-impaired driving from operating their vehicles if they have been drinking. Interlocks are effective in reducing re-arrest rates from drinking and driving by about two-thirds while the device is on the vehicle.

DO NOT RELY ON THESE LEGAL OPINIONS AND OBSERVATIONS WHEN REPRESENTING YOURSELF IN COURT. THESE ARTICLES ARE NOT MEANT TO COMPENSATE OR EFFECUATE LEGAL REPRESENTATION. YOU SHOULD AND MUST CONTACT AN ATTORNEY AND DISCUSS WITH HIM OR HER THE CONSEQUENCES OF ANY AND ALL IDEAS, STATEMENTS, OPINIONS, EXPRESSIONS OR OTHERWISE STATED ON THIS SITE. HOPE TO SPEAK WITH YOU SOON.

Leaving The Scene Of An Accident - Michigan Criminal Defense Lawyer - Josh Jones - ALL FELONIES AND MISDEMEANORS

Leaving The Scene Of An Accident - Criminal Consequences

Many drivers have been or will be involved in some kind of motor vehicle accident during their lifetime. Hopefully the accident is minor and nothing serious happens to either party. People need to not only worry about increased premiums, vehicle damage and possible injury, but they also need to worry about criminal charges.

Whenever an individual is involved in an accident state law requires him or her to remain at the scene of the accident until certain things have occurred. In order to avoid criminal charges, a driver involved in a car accident must, pursuant to MCL § 257.617a, “immediately stop his or her vehicle at the scene of the accident” and remain at the scene up until “he or she has satisfied the following requirements:

• Give his or her name and address, and the registration number of the vehicle he or she is operating, including the name and address of the owner, to a police officer, the individual struck, or the driver or occupants of the vehicle with which he or she has collided[;]
• Exhibit his or her operator's or chauffeur's license to a police officer, individual struck, or the driver or occupants of the vehicle with which he or she has collided[; and]
• Render to any individual injured in the accident reasonable assistance in securing medical aid or arrange for or provide transportation to any injured individual.

However, an individual involved in the accident must know or have reason to believe that he or she was actually involved in an accident. Therefore, if the fender bender was so minor that it would be unreasonable to know of it then an individual would technically be found innocent of this crime. However, it should be noted any outcome, even the one recently stated, would always be based upon the factual circumstances involved in the particular case at issue and there is never a guarantee to know that particular outcome.

If convicted of leaving the scene of an accident, an individual will have a misdemeanor on his or her record and face a maximum 1-year in jail and/or a $1,000.00 fine. Moreover, a conviction will be abstracted to the secretary of state, and thus a suspension of the individual’s driver’s license will occur, but this is dependent upon whether there is property damage or whether personal injury occurs. If a suspension levied it will be for a 90-day period.

It is essential and imperative to contract a criminal defense attorney when involved in this these situations. Make sure you rights are protected, call Josh Jones today.

PLEASE DO NOT RELY ON THESE LEGAL OPINIONS AND OBSERVATIONS WHEN REPRESENTING YOURSELF IN COURT. THESE ARTICLES ARE NOT MEANT TO COMPENSATE OR EFFECUATE LEGAL REPRESENTATION. YOU SHOULD AND MUST CONTACT AN ATTORNEY AND DISCUSS WITH HIM OR HER THE CONSEQUENCES OF ANY AND ALL IDEAS, STATEMENTS, OPINIONS, EXPRESSIONS OR OTHERWISE STATED ON THIS SITE. WE HOPE TO SPEAK WITH YOU SOON.