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Troy MI License Restoration Blog

Sunday, February 22, 2015

HIGH BAC (BREATH ALCOHOL CONTENT) BUSINESS IS BOOMING

I remember thinking when computers first came out; “I can get by just fine without concerning myself with this new, totally foreign thing.” How far from reality was that thought!!??

As we grow older we all come to realize that things change. In the legal field, things could not be truer, and, generally speaking, when they do it’s not usually for the better for those being charged with a crime.

Case in point, high BAC’s. When this law was initially written, it could only be prosecuted at the State level, meaning only the State Prosecutor could charge the crime and prosecute it. Therefore, if a non-State Trooper (e.g. city, township or village police officer) stopped someone and that person blew a .17 or higher, that matter, if it was the desire for that entity (city, township or village) to in fact have that person charged with the more severe drunk driving charge, then it would have to be turned over to the State Prosecutor for prosecution. (City, township and village prosecutors can only prosecute local ordinance violations and State Prosecutors can only prosecute state law violations.)

Perhaps you can see where this is going….if it has to be turned over to the State Prosecutor then the local entity does not get the proceeds from the prosecution. And, as I have repeatedly said and believe, “it’s all about the money”. Perhaps not entirely, after all there is the benevolent endeavor of laws to keep people safe, but for the most part it’s all about the cold hard cash.

Well, as with most loopholes, they get fixed, at least the ones that the powers to be want to have fixed.

In this regard, our very efficient and business minded Governor has signed into law the ability for local ordinances to be written allowing these entities to cash in on these violations. Big bummer for lawyers and their clients. Well, at least the lawyers that care about getting their clients out of as much trouble as possible!! 

Heretofore, the local police would merely process the case as a non-high BAC matter in order to keep it within the realm of “ordinance violations” to get the cash. Now, that is not necessary.

Local prosecutors can, and do, write the higher and much more punitive drunk driving violation.

This act increases everything! It bumps up all remedies available to a judge as punishment, some discretionary some mandatory. It increases fines, costs, community service, rehabilitative services, and, of course, attorney fees. And guess what!?! Now that communities have been incentivized, the uptick in high BAC tickets has been noticeable.

Nonetheless, the experienced lawyer who has dealt with these types of matters, as I have, still has a number of “tricks” if you will, to deal with the problem. To be sure, Getting charged with a high BAC is not to be trivialized. It is a big deal. People DO go to jail over it. Not always, but at a much higher rate than for the garden variety DUI/DWI.

Being charged with a high BAC needs to be aggressively confronted. The sooner the better! The longer you vacillate the more damage you do. Get started immediately and get out in front of the problem.

Call the Law Offices of Martin Lievois in Troy at 248-419-1566 or in Flint at 810-250-4550.

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| Phone: 810-232-3223
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| Phone: 248-498-2525

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