We recently obtained dismissal for our client charged with OWI Child Endangerment. Our client was a non-citizen with a temporary worker’s visa. A criminal conviction meant he could have lost his visa.
Our client was driving about 110 mph down the highway with a young child in the car. However, our client had not been drinking or using drugs whatsoever.
The arresting officer was new on the job. The officer didn’t look at the law too closely before writing the misdemeanor ticket. Nevertheless, the officer’s mistake could have been costly to the client, who had his work visa at stake.
What is OWI Child Endangerment?
Child Endangerment is a drinking and driving crime with a passenger less than 16 years of age.
- A first offense is a misdemeanor with a minimum five days in jail to a maximum one year in jail.
- Second offense is a felony if there was a prior OWI conviction within 7 years of the offense. A second offense is punishable by either minimum 30 days in jail or one year in prison.
- Third offense: A conviction of a third offense is a felony regardless of prior conviction dates.
The punishment differs a little if the driver was under 21 years of age.
The key component to the charge is the driver must be impaired or intoxicated by alcohol or drugs. Simply driving bad with a child in the car is not enough for a conviction.
DUI Defense Attorney
We brought the legal issues to the prosecutor, who agreed to a dismissal. Our client had also been written up for a four-point speeding ticket, which the prosecutor agreed to reduce after the police officer’s mistake.
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Sam Bernstein is a DUI lawyer in Ann Arbor and Ypsilanti.
ArborYpsi Law is located at 4158 Washtenaw Ave., Ann Arbor, MI 48108.
ArborYpsi Law has written many articles on DUI law.