Legal Question in DUI Law in Michigan

My daughter was arrested a couple months ago. She was initially pulled over for broken tail light. She did not show any signs of drinking etc but the officer gave her a sobriety test anyway (which she passed). She was then given a breathalyzer and blew .078. Of course then they asked numerous times to search the vehicle. My daughter (then 17) said no repeatedly but after numerous repeated requests finally said well i guess if you are just going to keep asking. The did find a marijuana pipe which had not been used but the officer insisted she had been smoking and could tell so they gave her a blood test and it did show positive but minimal amounts (4 nano). The law in Michigan says mere presence of marijuana when driving with no limits. The judge said they would allow her to plea to impaired driving but I am trying to figure out if there is any way possible around this, maybe in a technical aspect or anything?? The officer called me to come pick up the car and told me she found the pipe but no marijuana in there but the court docs say there was marijuana as well. I know thats not true bc the searching officer told me at the scene and I asked to see docs as to where that evidence was being kept (she is not being charged with it). Beyond this incident my daughter has never been in trouble and is a good kid. She is 8th in her class and just graduated. I am very worried about the license issue as she goes to college and gets a job. PLEASE HELP ASAP!! (we do have a court appointed but he keeps confusing things he told us and leaves client files all over his waiting room when no one is there but office open. I do not trust him at all

Asked on 6/03/14, 6:29 am

4 Answers from Attorneys

Jared Austin Austin Legal Services, PLC

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You need to retain an experienced OWI attorney for her ASAP! Every aspect of the case must be thoroughly scrutinized including the stop of the vehicle, the search of the vehicle, and the administration of the field sobriety tests. The police reports and any dash cam videos will need to be obtained. The blood draw needs to be looked at as well for proper procedure, chain of custody, and to get the other vial of blood tested.

It sounds like there may be numerous arguments that could be made to either get the charges dismissed or perhaps get it lowered to a non substance-related offense. Only an attorney that has significant experience an OWI defense will know how to properly defend such a case and get all the necessary discovery and file the proper motions.

DO NOT go with the lowest bidder or a general practitioner. You need a lawyer who makes DUI defense a substantial part of their practice.

She should not plea or agree to plea to anything without first consultingwwith an attorney.

Answered on 6/03/14, 7:21 am

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Tracy Gaudenzi Torni Gaudenzi Law, PLLC

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Consult with an attorney in the local area to get a second opinion. You cannot request a new court appointed attorney, but you could always choose to hire one.

Answered on 6/03/14, 7:23 am

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