53 Things YOU Need to Know about Your OWI Case that NO ONE is Telling YOU

5 things the Prosecuting Attorney does not want you to know :

1. He may not have all the witnesses available to prove his case.
2. He may have exculpatory evidence which would prove your innocence.
3. You have a right to a jury trial within three months of pleading not guilty.
4. He may have evidentiary problems in proving your blood alcohol level.
5. He's bluffing.

7 of the facts that must be proved before you can be found guilty:

1. Your identity
2. As a driver
3. Of a motor vehicle
4. In the state of Michigan, while
5. Your blood alcohol level was over one of the prescribed limit or
6. You were substantially incapable of driving driving under the influence) or
7. You were affected to to slightest degree in your driving ability (driving while ability impaired).

What you must do at the Secretary of State immediately to preserve your right to drive:

• The Secretary of State must receive a request for hearing in writing within fourteen days of your arrest. It is advisable to request that the officer be present at the hearing.

10 questions your attorney should ask you.

1. What your itinerary was prior to arrest.
2. Your consumption of alcoholic beverages.
3. Your observations of the officer.
4. The officer's stated reasons for stopping you. There are bad stops.
5. Whether the officer asked or ordered you to take roadside tests.
6. Your performance on roadside tests.
7. Statements you made to the officer.
8. What the results were of any breath or blood tests.
9. Whether there were witnesses to your arrest.
10. Whether you were observed for 15 minutes prior to a breath test,

What are the 4 items crucial to your defense?

1. A good investigation of the facts.
2. Vigorous cross-examination.
3. A sound understanding of constitutional principles.
4. An experienced attorney.

What is the one thing your attorney must do to raise objections based on the Summons and Complaint?

• Appear in person for your arraignment.

Why a jury trial is advisable:

• Six people have to agree on your guilt instead of one. Twelve people must agree in a felony case.
• You have constitutional protections at trial.

What is necessary to get a jury trial?

• You automatically have a right to a jury trial — NEVER give up this right without the advice of your attorney.

How the arresting officer's testimony can be discredited:

1. Inconsistent statements.
2. Failure to recollect.
3. Catching him in an obvious lie.

4 requirements which must be followed for chemical and roadside tests to be valid:

1. The officer must have had a reasonable suspicion that you were violating the law.
2. The officer must have either had probable cause to arrest you or obtain your consent for roadside tests.
3. The officer must have probable cause before he arrests you and before he requires you to take a chemical test.
4. The officer must give you your Miranda rights after you are arrested, if he is going to question you.

What are the 2 key pieces of information which must be learned in deciding to go to trial?

1. An estimation of the weaknesses and strengths of the State's case against you.
2. The effect of a conviction.

How to determine if you can plea bargain, and at what step you should do it.

• It's a cost benefit analysis. How much do you have to defend your case?

What effect will this arrest have on my license and when will I be able to drive?

• If you refused a Datamaster test, you may not be able to drive at all for 30 days to a year. If you are convicted in Court, you may be faced with a suspension, but you may apply for a restricted license. You can drive when you have a valid license given to you by the Division of Motor Vehicles.

What 4 preliminary motions should be filed, and the danger to you if they aren't.

1. Motion to suppress evidence on the ground that you were unconstitutionally stopped.
2. Motion to suppress evidence on the grounds that there was an unconstitutional search and seizure.
3. Motion to suppress statements on failure to give Miranda rights.
4. Motion for Discovery of all evidence.

If these motions are not filed, your case may not be dismissed when it should have been. Every motion is not filed in every case. You may not be told about evidence which would prove your innocence.

7 defense tactics in pre-trial motions:

1. Contest the constitutionality of the stop.
2. Contest the constitutionality of the administration of roadside tests.
3. Contest the constitutionality of the probable cause to arrest.
4. Contest the constitutionality of the Miranda rights.
5. Contest the manner in which roadside tests were given
6. Contest the use of a Portable Breath Tester.
7. Contest the constitutionality of any search and seizure.