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A Hardship Appeal is a way to keep driving after losing your license to an implied consent suspension.

Chemical Tests in DWI Cases

When arrested for driving while intoxicated, a police officer will ask you to take a chemical test, either a blood or breath test. This is not the preliminary breath test (PBT) at the side of the road. Refusal of the PBT is a civil infraction.

The penalty for refusal of the chemical test is a one-year license suspension. Most people find this penalty to be more severe than the penalty from a standard DWI conviction. For your garden variety DWI conviction, post people are looking at probation with testing, perhaps a short license suspension, and no jail. However a one-year driver’s license suspension would make life pretty difficult.

A person convicted of a felony and headed to prison may instead attend boot camp as an alternative to prison. Not everyone is eligible for the boot camp option. At a starting point, convictions for certain crimes will disqualify people from boot camp altogether. Below is a list of those crimes. Disqualification includes conviction of the crime, or an attempt, conspiracy, or solicitation of the crime).

  • Operating while intoxicated causing death or serious injury. MCL 257.625(4) and (5)
  • Sexually delinquent person. MCL 750.10a
  • Taking woman and compelling to marry. MCL 750.11 (Repealed)
  • Animal fighting. MCL 750.49
  • Arson in the first degree. MCL 750.72
  • Arson in the second degree. MCL 750.73
  • Arson in the fourth degree. MCL 750.75
  • Setting fire to mines. MCL 750.80
  • Assault with intent to murder. MCL 750.83
  • Assault with intent to maim. MCL 750.86
  • Assault with intent to rob armed. MCL 750.89
  • Attempted murder. MCL 750.91
  • Burglary with explosives. MCL 750.112
  • Cruelty to children. MCL 750.136
  • Child abuse. MCL 750.136b (1), (2), (3), or (4).
  • Accosting a child for immoral purpose. MCL 750.145a or b
  • Child sexually abusive activity or material. MCL 750.145c
  • Solicitation murder. MCL 750.157b
  • Sodomy. MCL 750.158
  • Breaking prison, escape. MCL 750.193
  • Jail escape. MCL 750.195
  • Explosives, intent to terrorize. MCL 750.207
  • Malicious threats to extort money. MCL 750.213
  • Counterfeiting. MCL 750.260
  • First-degree murder. MCL 750.316
  • Second-degree murder. MCL 750.317
  • Death as a result of fighting a duel. MCL 750.319
  • Manslaughter. MCL 750.321
  • Death due to explosives. MCL 750.327
  • Death due to explosives with intent to destroy building or object. MCL 750.329
  • Death, firearm pointed intentionally but without malice. MCL 750.329
  • Incest. MCL 750.333
  • Indecent exposure. MCL 750.335a
  • Indecent liberties with child. MCL 750.336
  • Gross indecency, males. MCL 750.338
  • Gross indecency, females. MCL 338a
  • Gross indecency, male and female. MCL 750.338b.
  • Debauchery by females of males under 15. MCL 750.339
  • Debauchery by males of males under 15. MCL 750.340
  • Carnal knowledge of a state ward. MCL 750.341
  • Carnal knowledge of female state ward. MCL 750.342
  • Kidnapping. MCL 750.350
  • Prisoner taking hostage. MCL 750.349a
  • Kidnapping child under 14. MCL 750.350
  • Mayhem. MCL 750.397
  • Perjury in court. MCL 750.422
  • Poisoning food or drink. MCL 750.436
  • Soliciting or accosting. MCL 750.448
  • Pandering. MCL 750.445
  • Attempt to wreck train or endanger safety of passengers. MCL 750.511
  • Rape. MCL 750.520
  • Criminal sexual conduct in the first-degree. MCL 750.520b
  • Criminal sexual conduct in the second-degree. MCL 750.520c
  • Criminal sexual conduct in third-degree. MCL 750.520d
  • Criminal sexual conduct in the fourth-degree. MCL 750.520e
  • Criminal sexual conduct, second or subsequent offense. MCL 750.520f
  • Assault with intent to commit criminal sexual conduct. MCL 750.520g
  • Armed robbery. MCL 750.529
  • Carjacking. MCL 750.529a
  • Bank robbery. MCL 750.531
  • Treason. MCL 750.544
  • Incitement to riot. MCL 750.542

Call Us

Call Sam Bernstein at 734-883-9584 or e-mail at bernstein@arborypsilaw.com.

Sam Bernstein is an Ann Arbor lawyer focusing on criminal defense.

Fentanyl is in the category of drugs known as opiates, drugs derived from opium. Drugs in this group include morphine, codeine, and heroin. These drugs act as painkillers.

The drugs vary in terms of strength, but they all produce similar effects. For example, heroin has two to three times the strength of morphine. Fentanyl is about 75 times the strength of morphine. Some opiates can be thousands of times stronger than morphine.

Fentanyl use has become common with the increased opiate use across many communities in America. You can see based on the relative strength of fentanyl how much stronger it is than heroin. Many people believe they are using heroin when in fact they are using fentantyl, which is dangerous because of how much stronger fenatnyl is than heroin.

In the case of People v. McBurrows, the Court of Appeals deal with a venue questions. The defendant was charged with delivery of fentanyl causing death. Before trial, Defendant raised the issue of whether the Monroe County Circuit Court was the correct venue for the trial. Venue means which court will hear the case. A criminal case must be tried in the correct court.

The Facts in the Case

The case itself was relatively straightforward. Two men went to Wayne County to purchase heroin from defendant, who sold them heroin. The two men were actually sold fentanyl. One of them used the drug back in Monroe County, overdosed, and died.

Before Trial

Defendant filed a pre-trial motion arguing that venue was not proper in Monroe County. Defendant argued that the only act he committed took place in Wayne County, not in Monroe. The trial court denied the motion, ruling the case could be tried in either Wayne or Monroe County because elements of the charged offense occurred in both counties.

Yes, a DUI conviction in Michigan will always be on your record. Any type of drunk driving conviction cannot be removed from your record.

Expungement Law

An expungement is the process for removing a criminal conviction off of your record. It’s called a motion to set aside a conviction.

An expungement is a great tool for someone who is ready to move forward from a criminal convictions. An expungement can happen five years from the end of probation or incarceration.

Doe v. University of Cincinnati is a federal college student sexual misconduct case. It deals with the policies for hearings set by the university when a student is accused of sexual misconduct.

What Happened in the Case

In this case, an Jane Roe accused John Doe of sexual assault after the two students had sex. (Both students go by pseudonyms in the case for privacy reasons). The case boiled down to a he-said she-said. Jane Roe said the sex was not consensual. John Doe claimed the sex was consensual. There was no other evidence supporting either side.

After a long delay, the University held a student disciplinary proceeding. Roe did not attend. Nevertheless, the University found Doe responsible of misconduct based on Roe’s previous hearsay statements.

A Personal Protection Order (PPO), sometimes referred to as a restraining order, is an Order by the Circuit Court prohibiting a person from contacting or going near another person.

The Court can grant this Order upon a finding there has been behavior involving threats, harassment, stalking, or assaults.

A violation of a PPO can result in jail time.

You’re driving a little too fast down Ford Road in Canton to buy some new furniture at IKEA on Sunday afternoon. All of a sudden, you see the flashing red and blue lights of a Canton police car pulling you over. Uh oh! Speeding ticket time.

The speeding ticket might come with points on your record. Is there anything you can do to take care of it?

Give us a call at 734-883-9584 and we can fight the ticket for you. You don’t need to go to Court – we can go on your behalf.

Too many drinking and driving convictions within a certain time frame will result in the loss of your driver’s license.

It can be frustrating and difficult to get the license back once it’s lost.

To get your license back you must attend a driver’s license restoration hearing. The hearing is held at a Secretary of State office. A hearing officer will listen to evidence and make the decision on whether the license will be restored to the driver.

Ypsilanti Criminal Defense Attorney

At ArborYpsi Law, we regularly represent Ypsilanti residents charged with crimes. We are familiar with the people and the courts having been located in Ypsilanti for many years.

Eastern Michigan University

We understand the legal issues experienced by Eastern Michigan University students. Many students find themselves charged with crimes familiar to young people, including:

  • OWI/DUI
  • Fake ID
  • Disorderly Conduct
  • Assault

Many students are understandably concerned with keeping criminal convictions off their record.

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