Troy MI License Restoration Blog

Friday, May 19, 2017


So far in our series we have discussed some of the pertinent aspects of a Michigan drunk driving case leading up to the Pre-trial stage. The pre-trial court date is required to be attended by both the attorney and client.

Initially, when the drunk driving stop occurred, the police officer, in addition to observing your driving prior to the stop, will have, upon contact with the driver, a number of things to memorialize in a report. How the person appeared to the officer, the condition of his/her speech and eyes. The officer will comment on any perceived odor of intoxicants emanating from the car along with a number of other observations; such as items found in the car, the ability of the person to perform "field sobriety tests", the person's general demeanor and a host of other comments that will more often times than not, indicate that the person was under the influence of intoxicants/drugs while driving

All of these "observations" will be contained in what is called the police report. The police report will be accompanied by a "complaint" which is a document that spells out the criminal charge against the person.

In addition to these documents, there will also be a copy of the "pbt" results and of the "BAC" results. The "pbt" is the "preliminary breath test" and the "BAC" refers to the "blood alcohol content".

When we appear at the pre-trial, all of these items are supposed to be available for us to receive and review. Many times these reports will be lengthy and will contain a number of issues for the attorney and client to flesh out and discuss. Often times there will be dash-cam video of the whole stop from beginning to end and often times it is not available (for whatever reason). These situations, depending on the facts, will most likely require the attorney to request an adjournment in order to secure a copy for review.

The prosecutor will not object to the adjournment request under theses circumstances, the judge will find "good cause" and another pre-trial will most often be set.

Many times, and for a number of reasons that go beyond merely needing time to secure a disc or some other discovery, an adjournment request will, by myself anyway, be for as long into the future as the court will allow. This is the most advantageous time to go up the chain of command, if you will, in order to seek the relief you need for your client. You see, during the pre-trial phase, and all other court hearings for that matter, the higher-ups do not go to court themselves, they send the underlings. These staff attorneys referred to as assistant prosecuting attorneys, generally do not have authority to deviate from their marching orders with respect to any file. In these instances, after you confer with the assistant prosecuting attorney, and get his/her blessing, the attorney  may then arrange a meeting with one of the "unit chiefs" (this is one of those "higher-ups" referred to earlier) to discuss resolution beyond what the "assistant" is authorized to do.

In part four we will explore the rest of the story. That is, how cases get resolved and completed - pleas, trials and sentencing.

For more information on drunk driving and other criminal and driving restoration issues please visit our website at: Or, call for an appointment in Flint at 810-232-3223 or Troy at 248-498-2525.



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