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Should I Take a Breathalyzer Test?
Drunk Driving Attorneys

Should I Take a Breathalyzer Test?

Criminal Defense attorney Mark Mandell has been asked just about every question in the book when it comes to drunk driving. What’s the most popular? “Should I take a breathalyzer test?” This question is asked more than any other. While this article and video will not specifically tell you to take the breathalyzer test; instead, we will outline the penalties associated with refusing to test. Preliminary Breath Test (PBT) When someone is pulled over under suspicion of operating while intoxicated (OWI), a police officer will administer what’s called a “preliminary breath test” – or PBT. If you refuse to take this test it will result in a civil infraction and a fine, but there are no restrictions on your driving privileges. Ultimately, the roadside breath test is performed to determine if an arrest is warranted, the results of it would also establish probable cause so they can take you to the station for more accurate testing. DataMaster Breathalyzer Test  The most important situation to consider is being taken to the police station and asked to test there. You may hear stories of folks that have completely refused the breathalyzer test and were off scot-free, that is false, and I’ll tell you why. Refusing a breathalyzer test administered at the police station may result in officers obtaining a search warrant from an on-call Judge, and guaranteed within 5-minutes of refusing you will be taken to the hospital to have your blood drawn. As a result, no matter what any attorney can do for you in criminal court, you are facing a 1-year suspension of your driving privileges period. However, you can fight this by seeking what is known as a “hardship appeal.” What is a Hardship Appeal? A hardship appeal is a procedure where your attorney can request the Court to order the Secretary of State to issue a restricted driver’s license during the time of suspension. Your attorney must prove to the judge that you will suffer undue hardship with no license and there is no available public transportation. A restricted license allows you to get back on the road and drive for employment, school, and other important reasons. Below is a list you must complete to receive a hardship appeal: Receive a Substance Abuse EvaluationYour Attorney Must Formally Request the Court for a Hardship AppealTake the Case to a Circuit Court When taking your case to the Circuit Court, you will go before a judge to explain your mistake of refusing the breathalyzer test. The Court will review your Substance Abuse Evaluation, and if they believe you have a serious problem with alcohol you will not get your license back. Mark Mandell, Attorney This is a prime example of why you need an experienced criminal defense attorney guiding you through the difficult process of a hardship appeal, so you can remain licensed during the pendency of your criminal matter and probation. Mark Mandell, Criminal Defense Attorney: Fausone Bohn If you are facing criminal charges, attorney Mark Mandell is an experienced and Top-Rated metro Detroit defense attorney and former prosecutor. Find out how our defense attorneys can help you by calling Fausone Bohn, LLP today at (734) 552-1449.
Expungements in Michigan: How to Clear Your Criminal Record
Drunk Driving Attorneys

Expungements in Michigan: How to Clear Your Criminal Record

he laws regarding expungement in Michigan have changed drastically, and you may now be eligible to expunge certain convictions. What is an Expungement? In legal jargon, an expungement is the act of setting aside a criminal conviction, meaning it is no longer available to members of the public, including employers and anyone going to the Internet Criminal History Access Tool (ICHAT) maintained by the Michigan State Police. Previously, Michigan law permitted a person with no more than one (1) felony and two (2) misdemeanors to have the conviction expunged. Under the new legislation, a person convicted of one (1) or more criminal offenses, but no more than three (3) total felony offenses, may apply to have any or all of the convictions expunged from their record. There is no limit to the number of misdemeanor offenses that can be removed. So, regardless of how many misdemeanor convictions you have, if there are no felonies on your record, you will likely qualify. Clean Slate for Michigan As of February 19th, 2022, first-time Operating While Intoxicated convictions are eligible for removal under certain circumstances: Only one operating while impaired/intoxicated offense can be expunged in a person’s lifetime.If a person has more than one operating while intoxicated conviction, they are ineligible to expunge any of their convictions, including their first-time operating while intoxicated conviction.If the operating while intoxicated caused an injury or death, it is ineligible for expungement.The waiting period to expunge a first-time offense from your record is 5 years. Additionally, as of April 11, 2021, a person convicted of one (1) or more misdemeanor(s) or local ordinance marijuana crimes may petition the court to expunge their convictions if they would not have been a crime after December 6, 2018, when a voter-passed initiative to legalize recreational marijuana use in Michigan went into effect. A person can have an unlimited number of misdemeanor marijuana convictions on their record and still be eligible for expungement. Furthermore, the presence of other criminal convictions will have no impact on the expungement of your misdemeanor marijuana conviction(s) under the new law. There is no waiting period to file an application to expunge misdemeanor marijuana convictions. Lastly, the Clean Slate for Michigan program introduces the “one bad night rule”, which states multiple felonies or misdemeanors arising from the same 24-hour period will be treated as a single felony or a single misdemeanor for the purpose of removal. However, none of the offenses can be assaultive, involve the use or possession of a dangerous weapon, or carry a maximum penalty of 10 or more years in prison. Mark Mandell Can Help Having the assistance of an experienced Michigan expungement attorney can significantly increase your Mark Mandell, Attorney: Fausone Bohn chances of success, as they will be familiar with the judge, prosecutor, and all the rules that apply to your specific case. Contact attorney Mark Mandell at (734) 552-1449 if you need assistance with having one or more of your criminal convictions expunged in Michigan.
Sobering Alcohol-Related Statistics
Drunk Driving Attorneys

Sobering Alcohol-Related Statistics

Every day across the United States, 28 people die in alcohol-related vehicle accidents.  That is one person every 51 minutes. Drunk driving crashes claim more than 13,000 lives every year. The use of illegal drugs and prescription drugs is increasing among drivers on the roads across America.  It is illegal to drive with blood alcohol concentrations (BACs) of .08% or higher), laws vary for each state.  Below are results of a recent study on Drugged Driving our roadways: *Resource--National Highway Traffic Safety Administration National DUI Arrest Statistics DUI Arrest Statistics Data Average number of people arrested annually for drunk driving 1,500,000 * Sources: State Justice Department, Federal Highway Administration The Effects of Blood Alcohol Concentration BLOOD ALCOHOL CONCENTRATION (BAC) TYPICAL EFFECTS PREDICTABLE EFFECTS ON DRIVING .02% Some loss of judgment, relaxation, slight body warmth, altered mood Decline in visual functions (rapid tracking of a moving target), decline in ability to perform two tasks at the same time (divided attention) .05% Exaggerated behavior, may have loss of small-muscle control (e.g., focusing your eyes), impaired judgment, usually good feeling, lowered alertness, release of inhibition Reduced coordination, reduced ability to track moving objects, difficulty steering, reduced response to emergency driving situations .08% Muscle coordination becomes poor (e.g., balance, speech, vision, reaction time, and hearing), harder to detect danger, judgment, self-control, reasoning, and memory are impaired Concentration, short-term memory loss, speed control, reduced information processing capability (e.g., signal detection, visual search), impaired perception .10% Clear deterioration of reaction time and control, slurred speech, poor coordination, and slowed thinking Reduced ability to maintain lane position and brake appropriately .15% Far less muscle control than normal, vomiting may occur (unless this level is reached slowly or a person has developed a tolerance for alcohol), major loss of balance Substantial impairment in vehicle control, attention to driving task, and in necessary visual and auditory information processing *Resource--National Highway Traffic Safety Administration
Wyoming – one of the top DUI States
Drunk Driving Attorneys

Wyoming – one of the top DUI States

  Why in the world would Wyoming, known for its iconic national parks and breathtaking landscape, be ranked first on a list of states with the worst drunk driving problem? The reasons, it seems, are complex, but they have a good deal to do with cultural and social norms, and the early age young people begin drinking there. One also can’t ignore the state’s small, often-isolated population. Covered by mountain ranges and prairie lands, Wyoming has a population of about 585,500. According to data analyzed by backgroundchecks.org and released in March 2017, the state tops the list of those with DUI problems. Wyoming’s DUI death rate (per 100,000) was 9.56, and it marked 3,157 DUI arrests. The state keeps company on the overall list with North Dakota, ranked second; South Dakota, ranked third; and Montana, ranked fourth. “To create a ranking of states, we took a combination of deaths directly attributable to DUIs, DUI arrests per 100,000 people, and drinking too much before driving, as reported by drivers themselves,” backgroundchecks.org said in its release of the data. “We then created a weighted formula.” The original data used to create the weighted formula came from the Centers for Disease Control and Prevention and Mothers Against Drunk Driving. Take Note: If you have lost your license and need to work on drivers license restoration, browse through the attorney directories on Drunkdrivingattorneys.com or DriversLicenseRestorers.com. Pick an attorney experienced and knowledgeable in the drivers license appeal (restoration) process in your state. If you need to get treatment to help make a case for restoring your license, there are treatment center directories on both sites. If you need information about points on your driving record, check your state department of motor vehicles. Helping yourself is always the first step in having your DUI attorney help you.  Wyoming’s drunk driving problem is not new, and as far back as a decade ago people were discussing the root causes of the state’s alcohol crisis. In 2016 Laura Schmid-Pizzato, manager of recovery services at the Southwest Counseling Service in Wyoming’s Sweetwater County, was quoted in an article as saying: “We have very much of a belief you can drink and drive as long as you don’t hurt anybody, that open containers are OK. We’ve got a very different belief about alcohol use in our state than in other states, and that tends to lead to higher rates of underage drinking.” She was reacting to a federal report on alcohol and drug abuse by geographic regions within states. Wyoming’s south-central region, specifically Albany and Carbon counties, at the time had the highest rate in the nation of past-year alcohol dependence or abuse. Binge drinking and early-age alcohol use were among the reasons cited. What’s significant about this particular region of Wyoming? For one thing it includes Laramie, located in Albany County and home to the University of Wyoming. Drunk driving in a college town comes as no surprise, but the university has been especially impacted by the horrors of drunk driving. In 2001, a University of Wyoming student who was legally drunk at the time ran his pick-up truck into a vehicle carrying eight university cross-country team members. All of the runners were killed; the student driving the truck survived. On the 10-year anniversary of the students’ deaths Wyoming Governor Matt Mead signed an executive order establishing the Governor’s Council on Impaired Driving. The council meets quarterly to, among other things, review recent crash statistics and receive updates on initiatives. Still, Wyoming continues to have huge challenges, as witnessed by its place on the backgroundchecks.org list. And, people continue to die in the state as a result of drunk driving. As recent as June 30 the state saw a fatal head-on collision resulting from drunk driving. The driver of the vehicle that caused the accident failed a field sobriety test, according to a Jackson Hole News&Guide story. There is, it seems, much work still to be done. “The fact that over 10,000 people a year die from DUI-related accidents is a travesty,” Trent Wilson, co-author of the backgroundchecks.org research, was quoted as saying. “We hope this research will open some eyes and make people think twice before drinking and driving.”
North Dakota – one of the top 20 for DUI’s
Drunk Driving Attorneys

North Dakota – one of the top 20 for DUI’s

  The North Dakota Tourism Division markets the state as “Legendary,” and no doubt the state has its share of unforgettable people, places and things. Not so highly touted, however, is its standing as one of the worst places in the United States for drunk driving, according to data analyzed by backgroundchecks.org and released in March 2017. North Dakota is second on the list of those with DUI problems. The state’s DUI death rate (per 100,000) was 6.60, and it marked 6,351 DUI arrests. The state keeps company on the overall list with Wyoming, ranked first; South Dakota, ranked third; and Montana, ranked fourth. “To create a ranking of states, we took a combination of deaths directly attributable to DUIs, DUI arrests per 100,000 people, and drinking too much before driving, as reported by drivers themselves,” backgroundchecks.org said in its release of the data. “We then created a weighted formula.” The original data used to create the weighted formula came from the Centers for Disease Control and Prevention and Mothers Against Drunk Driving. Take Note: If you have lost your license and need to work on driver’s license restoration, browse through the attorney directories on www.Drunkdrivingattorneys.com or www.DriversLicenseRestorers.com. Pick an attorney experienced and knowledgeable in the driver’s license appeal (restoration) process in your state. If you need to get treatment to help make a case for restoring your license, there are treatment center directories on both sites. If you need information about points on your driving record, check your state department of motor vehicles. In North Dakota, go to www.dot.nd.gov. Helping yourself is always the first step in having your DUI attorney help you.  In North Dakota, which is punctuated by the Great Plains and Badlands, some officials attribute the state’s drunk driving problem to its rural nature. It is the fourth sparsely populated state in the country. “You go the back roads home or, you know, the less traveled streets in the city,” Lt. B.J. Maxson with the Grand Forks County Sheriff's Department said in a 2016 article about the state’s DUI problem. “You know, unfortunately we can’t be everywhere all the time and I think with it being so rural, there’s just that many more opportunities to travel a road that you won’t find law enforcement,” he said. If the location of sobriety checkpoints is any indication of where the worst drunk driving sites are in the state, Bismarck, the state capital, might be one of them. As recently as July 7 the North Dakota Highway Patrol conducted a sobriety checkpoint in Burleigh County, which has Bismarck as its seat. Fargo, located in Cass County and the state’s largest city, also has been a regular location for sobriety checkpoints. Records going back to 2009 show various checkpoints around the city. “The purpose of sobriety checkpoints is to deter drunk driving,” the city of Fargo says on its website. “On average, four drivers are arrested for DUI at each checkpoint, but more importantly, many others are deterred from driving drunk simply because they were made aware of the sobriety checkpoint.” In terms of the big picture for the state, the North Dakota Highway Patrol’s website (www.nd.gov/ndhp/) shows 1,194 total DUI arrests in 2016 and 722 as of August 25, 2017. Information on North Dakota’s current DUI laws can be found here. “The fact that over 10,000 people a year die from DUI-related accidents is a travesty,” Trent Wilson, co-author of the backgroundchecks.org research, was quoted as saying. “We hope this research will open some eyes and make people think twice before drinking and driving.”
Arizona College Drinking
Drunk Driving Attorneys

Arizona College Drinking

Arizona Students at The University of Arizona have a reputation as being a party school. This is great fun, but when it comes to safety, it’s a nightmare. A nationwide study found that 1 out of 5 college students admit to drinking and driving. Consider that these are the students who admitted to drinking and driving. At party schools, you can almost guarantee sloppy drivers on the road Friday and Saturday night. Unfortunately, this is an ongoing issue for the campus. According to The Phoenix DUI Blog, “139 people were arrested for underage drinking at UA during a two month time frame last year. That number nearly doubled this year when 277 people were arrested for underage drinking during that same time frame.” In the course of a year the number of DUIs’ more than doubled. Overall the state’s rate of DUI fatalities has gone down.  But it’s pockets of the state that make up the bulk of the drunk drivers. Of course, we see the most irresponsible driving around college campuses. Recently a 21-year-old Cheyenne Wheeler was caught driving the wrong way on Arizona’s Loop 101. She crashed into a guard rail then fled the scene. The woman had a BAC of 0.15 percent, way over the legal limit. Because of her sever impairment, she was driving the wrong way down a busy highway. This could have caused massive carnage on the highway. It’s a miracle nobody was hurt. However, the blog does point out that the police force got additional funding to help get more drunk drivers off the road:   The dramatic increase in underage drinking arrests is not necessarily due to a greater number of college students consuming alcohol under the age of 21. UA police officers told KVOA that the reason the arrest statistics have doubled is because the Arizona Governor's Office of Highway Safety gave the university a grant to have additional police officers looking for underage drinkers on campus. http://bit.ly/2vvoPcm   This overall is a very good thing. On its face, it looks bad for the city that so many students are getting in trouble for DUIs’. But at the same time at least they are being taken off the road. No matter how bad the statistics may look, what is most important is making sure nobody is getting killed on the road. Support your local police. If you know of someone who repeatedly drives drunk and refuses to take a cab or Uber, it is your responsibility to say something about it. You seem like a bad friend, but you could be saving that person’s life, or the lives of a family.  Remember, friends don’t let friends drive drunk.    
The Trickle-Down Effect
sherbert

The Trickle-Down Effect

Clients who are contacting you for help with DUIs and drug charges often also need help with other legal services. DUIs, alcohol addictions and drug problems can quickly lead to other issues like divorce, bankruptcy, family law, etc. This is the trickle-down effect. An underlying issue leads to more problems if it’s not taken care of. This can mean more work for you as an attorney, and it can also mean having the opportunity to help someone find treatment and get their life back on track. At DrunkDrivingAttorneys.com and DriversLicenseRestorers.com, we are passionate about helping people get treatment for their underlying issues and find legal representation in court. Unless someone solves the problem of the addiction, the charges and family issues won’t stop. By helping someone get treatment, you are helping someone truly clean up their lives and make the best case for themselves in court. DUIs have a bigger effect on people’s lives than might be expected. If their driver’s license is revoked, it can make it almost impossible for them to continue working at their job, taking kids to school, earning a proper living, and doing life. The trickle-down effect from a DUI charge can mean: Driver’s license restoration Divorce attorney help Family law help Bankruptcy law Job-related law Another benefit of listing with our online DUI attorney directory is that treatment centers will know to refer business to you as well. They want the best legal representation for their clients so they can start getting their lives back on track. With our directory, you are positioning your law firm to reach clients who need more than just one legal service. Start reaching new clients and help them clean up their lives and get back on track. Sign up today to get your free listing on DrunkDrivingAttorneys.com and DriversLicenseRestorers.com. [mkd_button size="" type="" text="Free Listing" custom_class="" icon_pack="font_awesome" fa_icon="" link="https://drunkdrivingattorneys.com/dui-attorney-directory-for-law-school-graduates/" target="_self" color="" hover_color="" background_color="#7dc50f" hover_background_color="" border_color="#7dc50f" hover_border_color="" font_size="" font_weight="" margin=""]
Benefits of Listing with a DUI Attorney Directory
sherbert

Benefits of Listing with a DUI Attorney Directory

As a criminal defense attorney, much of your day-to-day business comes from the basic legal defenses like DUIs, traffic tickets, drug charges, and driver’s license restoration. With our directory, you have instant access to a client base looking for your services. Listing with our directory has several benefits: Reach a relevant audience looking for your services Leverage an established SEO online presence Connect locally with clients searching in your area Build reviews and establish trust with potential clients Get the most out of your advertising dollars Share your individual listing on social media for maximum exposure You know how difficult it can be to get traffic to your website. No doubt, that’s why you’re turning to us for help. By listing with our online directory, there is no need to spend countless dollars on paid Google searches. You can leverage the platform we have already built to help you connect with new leads. The visitors coming to your site through our online directory are specifically looking for legal help with their DUIs, driver’s license restoration, drug charges, etc. They need the services you’re offering. Google AdWords and other paid advertising can be expensive and ineffective unless managed closely. With a DUI attorney directory, your advertising dollars are directed at a specific audience and have measurable results. You can list your practice in the neighborhood where you reside to ensure that anyone nearby will be able to find you. Visitors can search according to the state in which they live and then find the nearest or best-rated attorney in the area. This allows you to connect with people who may not have found you through an online search. DrunkDrivingAttorneys.com and DriversLicenseRestorers.com also provide a platform in which your clients can share their positive experience through reviews, thereby increasing the likelihood someone will contact you for help. The more positive reviews you have online, the more rapport you will have with potential clients. Sign up today to get your free listing on DrunkDrivingAttorneys.com and DriversLicenseRestorers.com. [mkd_button size="" type="" text="Free Listing" custom_class="" icon_pack="font_awesome" fa_icon="" link="https://drunkdrivingattorneys.com/dui-attorney-directory-for-law-school-graduates/" target="_self" color="" hover_color="" background_color="#7dc50f" hover_background_color="" border_color="#7dc50f" hover_border_color="" font_size="" font_weight="" margin=""]
Combating Controlled Substance And Prescription Drug Charges
Drunk Driving Attorneys

Combating Controlled Substance And Prescription Drug Charges

Have you been charged with a federal drug crime? It is time to call our office. At Fausone Bohn LLP, we know what you are going through. You may be experiencing frustration, anger, remorse, fear and confusion. As your lawyer, we can be there to take the stress off your shoulders and find solutions for the legal issues you face.This article by Wayne County DUI Attorney, Mark Mandell, discusses how you can be impacted by charges stemming from controlled substances. Mark is one of the Top Criminal Defense attorneys in Northville, Michigan. He is a partner at Fausone Bohn, LLP. When your freedom and future is on the line you want an attorney that will fight aggressively on your behalf to protect you and your rights. Mark Mandell has built a solid, effective reputation in the area of criminal defense and has the knack for taking on tough cases that others may avoid. Mark’s expertise, as well as his longevity in the area contribute to his notable relationship within the court system of southeastern Michigan. Mark is excellent at taking on drunk driving, drug charges and criminal law issues that no one else will consider touching. He is also very good at family law and will help clients get into substance abuse programs that will help the entire family. We Will Defend You Against Controlled And Prescription Drug Charges Looking for one of the Top DUI Attorneys in Northville, Michigan or Wayne County, Michigan? Check out Mark Mandell. There are multiple defenses that can be raised if you have been charged with a drug crime in Michigan. Depending on the charges you face, our team can argue that: Mark Mandell The drugs and evidence were illegally obtained.You did not commit the crime.You were a victim by members of law enforcement.They were not your drugs.Your Miranda rights were violated.You had a valid prescription or medical marijuana card. In the past, we have helped clients to receive reduced sentences, lower fines, treatment for drug addiction and acquittals. We will do what it takes to make sure we obtain the best possible outcome and protect your future. Understand How Controlled Drugs Are Classified If you have been charged with possession, sale, manufacturing or distribution of a controlled substance, the penalties will vary based on its classification. The categories and types of controlled substances under federal law include: Schedule I: Heroin, LSD, cannabis, peyote, methaqualone and ecstasySchedule II/IIN: Methadone, oxycodone, fentanyl, opium, hydrocodone, Adderall and RitalinSchedule III/IIIN: Suboxone, Tylenol with Codeine, ketamine, anabolic steroids and DidrexSchedule IV: Xanax, Klonopin, Ativan, Valium, Halcion, Raxene, Versed, Restoril and HalcionSchedule V: Robitussin, Phenergan with Codeine and ezogabine We have the resources, knowledge and experience you need to head to court and challenge the charges against you. Do You Understand Your Rights? Now Is The Time To Learn. Call Today. Turn your frustration into action. Request an appointment by calling 248-468-4536 or completing our contact request form. Hiring a reputable Wayne County DUI Attorney such as Mark Mandell is a must if you are involved in charges stemming from controlled substances. You can also find info about Mark Mandell here. One of the Top DUI attorneys in Northville, Michigan.

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