Trial on Drunk Driving Case
LEWIS & DICKSTEIN, P.L.L.C. wins another Oakland County acquittal at trial on a drunk driving case. Few lawyers ever take a case to trial on an OWI charge, and even fewer have won. We do whatever it takes to give our clients every possible advantage in court.
The one count of Operating While Intoxicated, the jury finds the defendant, “NOT GUILTY!”
Recently, a client of LEWIS & DICKSTEIN, P.L.L.C. was found not guilty of Operating a Motor Vehicle While Under the Influence of Liquor, 3rd offense in Oakland County. Senior-level trial attorney George MacAvoy Brown handled the case. With every matter the firm takes on, the attorneys immediately search for the possibility of a dismissal. If none exists, they begin orchestrating a defense against the charges, forcing the prosecution to meet its burden of proof, and determining whether a resolution can and should be reached. Prosecutors know that the attorneys at LEWIS & DICKSTEIN, P.L.L.C. are not afraid to win, so they often bring great deals to the bargaining table.
In this matter, the client was charged with an OWI 3rd offense. He wisely began mounting the best possible defense by hiring the attorneys at LEWIS & DICKSTEIN, P.L.L.C.
Diligent research revealed severe flaws in the prosecution’s case.
First, the police had illegally arrested the client. To be arrested for a misdemeanor, the police need an arrest warrant unless they have either personally witnessed the commission of the crime or they are investigating a car accident and have reasonable cause to believe the person’s driving was affected by the consumption of alcohol. In this case, the prosecution claimed the police did not arrest the defendant. Also, the prosecutor argued that even if the defendant had been arrested, an accident had occurred, which forced an application of the statutory exception. Attorney George Brown successfully persuaded the court that there was an arrest and no accident. The judge ruled that the arrest was, therefore, illegal, and he suppressed all of the evidence gathered after the arrest.
Always on the Attack
Knowing it is never wise to place all their eggs in one basket, defense counsel also attacked the validity of the breathalyzer test. The police department is required by Michigan administrative rules to run calibration and maintenance tests on its breathalyzer machines to ensure the legitimacy of their results. Law enforcement must keep those records to lay a foundation to introduce the results at trial. Here, the police department had destroyed all logs related to its machine. Defense counsel filed a compelling motion to suppress the results of the test in the client’s case, arguing that the prosecution had failed to properly lay a foundation for the introduction of the breathalyzer results.
The Trial and Verdict
After the suppression of the breathalyzer test, the prosecution still maintained that it had enough evidence to win a conviction, so the defense team took the case to trial. Without the breathalyzer evidence, Mr. Brown successfully argued that the prosecution had failed to produce evidence against the defendant adequate to demonstrate guilt beyond a reasonable doubt. The defendant was found NOT GUILTY! He expressed that he is “truly, eternally grateful” to his attorneys for the acquittal.
Top OWI Defense in Michigan
If you are accused of an OWI or any other crime in Oakland County, Wayne County, Macomb County, or elsewhere in Michigan, it is critical that you even the playing field by assembling the best possible legal team to fight for you. The diligent, methodical, creative, and aggressive attorneys at LEWIS & DICKSTEIN, P.L.L.C. will deconstruct your matter to examine all weaknesses in the prosecution’s case. If necessary, they will take your case to trial. They have decades of winning results behind them.
Call us today at (248) 263-6800 for a free consultation, or complete a Request for Assistance Form and we will contact you promptly.