DWI / DWLR
If you are faced with an OWI or Impaired Driving Charge it can have serious consequences. What follows is not intended to scare you, however it has always been my position when dealing with clients to inform them of all the facts give them the options explain the likely outcome and then let them make an informed decision as to how they want to handle their case. When you are dealing me, you’re the boss and I will proceed however you decide is best after you know all of the facts.
If you make an uninformed decision, you are unprepared or your case is not handled in such a way as to minimize the negative consequences you could:
- Lose your Drivers License
- Your insurance rates sky rocket
- You could be fined
- The conviction (misdemeanor or felony) will show up on any background investigation when applying for a job
- And there is a very real possibility of jail time, even prison
My purpose here is not to simply scare you, even though what you just read may have made you fearful. The good news is that there is a very good likelihood that I can help you. There are at least 20 challenges that can be made to the charges you are facing. As I said previously preparation of your case is important. Knowing the proper challenge to make and when is critical to your defense.
In some situations the best course of action can be to work out the best possible plea, minimize fines and costs and limit your exposure to jail or prison time. However, in many cases the best choice is to fight. Quite frankly this is the type of case I focus on.
My goal is to keep your record clean, prevent you from losing your license and your freedom. At a minimum you will be treated fairly and with respect.
The prosecutor has a job to do and that’s to insure that you get convicted. The prosecutor knows the tricks and finer legal points regarding a alcohol related offense and he is willing to use them against you. Remember his job is to make sure you get convicted.
In Michigan the law says that the Prosecutor need only prove that after drinking you were not able to drive your car safely or that your blood alcohol level exceeded a certain limit. At first it all seems pretty cut and dried and sadly that’s why many people faced with a alcohol drunk driving offense simply give up and plead guilty. I am hear to tell you that its not cut and dried and its not that simple.
What many people are not aware of is that the Prosecutor also has to prove the arresting officer made the arrest properly, that you were properly advised of your rights, that the equipment he used to test your blood alcohol level was working correctly and that the officer had an acceptable level of training to operate the equipment properly. In Michigan the officer administering the test must be certified to make sure he is doing things properly. If any of the things mentioned above are not complied with, your Drunk Driving may be thrown out and you get an “AUTOMATIC ACQUITTAL”.
In all too many situations the arresting officer already has it in his head that you are guilty. Think about it. He is pulling you over for a reason, he saw you do something that lead him to believe that you were intoxicated before he turned his lights on and pulled you over. The officer will be observing mannerisms and collecting information that would support his predetermined belief.
In just about every drunk driving arrest what is not in the police report is just as important if not more important than what is actually in it. At this point you might be asking yourself: “What exactly are you talking about” ?
If the police have information that may help prove you are innocent, an attorney can help you get that information too.
Getting The Right Attorney Is Critical
As your attorney I know where and when to make the proper motions to challenge the Prosecutors evidence and make the prosecution prove all the steps used in the arrest were done properly and that every element of the offense has been established. If procedure has not been followed or the elements of the offense are not met the Prosecutions case is severely weakened and may result in dismissal or acquittal.
No lawyer can promise you a particular result or that your case will be dismissed. In fact if a lawyer makes these types of promises you should be very skeptical. Maybe the judge on your case is tougher on drunk drivers, is pro prosecutor or pro defense. Maybe there is something distinctive in your case which supports your innocence or guilt. Maybe the police made a mistake or failed to put something in their report. Each case is different. However, all things being equal, I think you will find that the representation you get from Simasko Law Offices P.C. will provided you with an aggressive defense presented by an attorney who is well skilled in not only the law but also in advocacy. Your rights will be protected.
When you retain Simasko Law Offices P.C. you get expert help from attorneys who know how to guide your case through the complexities of the legal system because they have done it numerous times.
If your like most people arrested for a alcohol related offense, you don’t really know the right thing to do about it, and you don’t know if its worth wild to contest it or if you can win or not.
Free Consultation & Review. A $150.00 Value!
For both of the reasons above, I would like to provide you with a Free Consultation to give you the information you need and to review your case. Just mention my web sight and the consultation is free.
If you would like to meet with me in person, I will be happy to set up an appointment with you. When we meet you will be able to learn the specifics of your case and the best way to proceed. I can also be reached by e-mail at Simasko@iwarp.net . Simply send me an e-mail describing your situation. You can also call and discuss the matter by phone if you like. The in office meeting, the e-mail response or the telephone conference are free and there is no further obligation. In fact, until you agree in writing, to pay me for the services I will provide you will not owe me anything.
I will analyze the facts of your case, give you my opinion and discuss the best approach. I will explain how to protect your rights, what your options are and what to expect.
When we talk I will review the complaint against you and analyze the facts of your case. I will make sure the steps used to conduct the chemical and roadside tests against you were valid, show you how the police officer’s testimony can be impeached and give you my opinion on how to approach the matter.
I will also discuss my legal fees so that you will not have any surprises along the way. Anything you tell me during this meeting will be confidential even if you chose not to retain me.
The first meeting is free, so there is no risk there. You will be able to get all your questions answered. When we are finished, if you are not convinced that I am the right lawyer for you than you can leave and I will not trouble you again …… and you will owe me nothing.
At a minimum, at the end of the consultation you will walk away knowing what to expect, more knowledgeable and with the ability to make an informed decision.
Please remember that the charges against you are serious and can carry severe consequences, which can be damaging to your future.
From Simasko Law Offices P.C. You will receive:
- A free initial consultation
- Personalized attention
- Reasonable fees
- Experience
- Aggressiveness
If you are looking for an attorney you can talk too, who understands what you want, and who is interested in the outcome of your case contact my office