Drunk Driving Michigan

Being arrested for driving while intoxicated is a scary experience for anyone to go through. However, the consequences a DUI suspect faces will greatly increase if they are accused of causing an accident resulting in the personal injury or death of another person. Experienced DUI defense lawyers in Michigan are increasingly facing more serious charges such as second degree murder for drunk driving offenses. Any injury or death related drunk driving offense can result in harsh and life-changing penalties including a significant prison sentence.

A recent example of this is a Kent County case in which a man is being charged with both a DUI, and second-degree murder after causing an accident resulting in the death of a local teacher. In the hours before the November 2009 crash, Leonel Franco-Avina was working the janitorial overnight shift at a local grocery store. Although store employees opening at 7:00 a.m. reported that he did a lousy job cleaning up, he did not smell of alcohol or seem intoxicated. However, when he finally entered his pick-up truck to leave, many witnesses noticed that he exhibited reckless and poor driving, even running over a shrub-decorated island before leaving the parking lot–driving the wrong direction.

Traveling into head-on traffic, it was not long before Franco-Avina struck another vehicle, driven by Aaron Haynes, 30. While Franco-Avina suffered a severe bleeding head injury, Haynes was not as lucky. In the accident, the local school teacher died upon impact after sustaining a ripped aorta and massive trauma, including a broken neck.

When medical practitioners at Spectrum Health performed a blood test on Franco-Avina, his blood alcohol content registered as 0.425 percent, roughly five times the legal limit. As a result, prosecutors cited him with Michigan DUI charges as well as second-degree murder due to his excessive level of intoxication.

In Michigan, a person can be convicted of second-degree murder if it is determined by the jury that they knowingly created a very high risk of death or great bodily harm. Increasingly, this charge is being used in drunk driving cases. Michigan courts have determined that second-degree murder is not a specific intent crime. In essence, this means that a drunk driver can be convicted of murder even if he or she never intended to cause the death.

The penalty for second-degree murder in Michigan is potentially life in prison. Whether the sentence is life or any term of years in prison, the impact of such a conviction will be life-changing. If you or someone that you know is facing serious criminal charges, you should be talking to trustworthy and knowledgeable DUI attorneys in Michigan. By doing so, you will have a team of experienced and effective trial lawyers who know how to defend your rights.

Originally published here.

Experienced Michigan drunk driving attorneys can commiserate–being pulled over for a routine traffic stop is an aggravating experience for anyone to go through. However, should the law enforcement official suspect that the driver is under the influence of alcohol, the experience becomes more than aggravating. Suddenly, you are facing a much larger problem. While the consequences are severe for any person in this situation, recognizable public figures are subject to more scrutiny with such charges, including discipline within their profession as well as criticism from the media. The president of the Detroit Lions finds himself in just this type of predicament as he finds himself now facing potential sanctions by the National Football League after being arrested for drunk driving.

Although Roscommon County sheriff’s officials have declined to comment on the specific details of the case, a spokesperson for the professional football team confirmed that President Tom Lewand was arrested last Friday on Michigan DUI charges. The 41 year-old University of Michigan graduate was reportedly in the area attending a charity golf outing hosted by a former Lion player. Although his blood alcohol content has not been released, it must have exceeded 0.08 (the legal limit in Michigan) to warrant arrest.

In addition to the legal consequences that Lewand will almost certainly face for his Michigan DUI arrest, it is possible that he may be punished by the National Football League as well. On Sunday, NFL spokesman Greg Aiello announced that the team president is subject to the league’s strict personal conduct policy, which could include a fine, suspension, or even a loss of job.

Fortunately for Lewand, Detroit Lions owner William Ford still wants him involved with the team. In a statement released by the team, Ford not only expressed his support for Lewand, but also confirmed that he would continue to serve as team president. “Tom made a very serious mistake and he appropriately owned up to that mistake… I continue to have full confidence that Tom will positively lead our organization as he has since assuming his current role of team president. He has all my support,” Ford stated.

Even though Tom Lewand was lucky enough to maintain his livelihood despite DWI charges, many in his situation are not as fortunate. Almost always, conviction for drunk driving will have profound consequences for a person including the loss of driving privileges or job, fines, and jail time. If accused of driving while intoxicated, it is essential to be pro-active in securing the highest quality legal defense to protect yourself. Contacting hard-working and aggressive Michigan drunk driving lawyers immediately will provide sound legal advice and representation, as well as the preservation of your beloved personal liberties and freedoms.

Originally published here.

Often times, motorists are caught for driving while intoxicated after they cause an accident. These instances are particularly disappointing, as not only is the at-fault driver subject to legal consequences, there is a great chance that those in the car will sustained personal injury or die as a result. Because these cases are exactly what they are called, “accidents,” accused drunk drivers in this situation need to seek immediately the services of aggressive Michigan drunk driving attorneys to provide high quality representation, preventing jail time.

Owner of Scooters Bar and Grill in Mundy Township, Eric Smith, 46, found himself in that exact situation in 2007, after he crashed his vehicle while driving drunk, resulting in the death of a passenger. He was driving a Jeep around 4:00 a.m., when the car rolled over in a large backyard. Smith and two co-workers were injured in the accident, while 28 year-old Nicole Daunt was killed by the impact. Consequently, the bar owner was charged with operating while intoxicated causing death and injury, as well as negligent homicide.

However, in the end, Smith was offered a reduced sentence, and pled guilty to attempted negligent homicide–the Daunt family and good legal counsel played an influential role in arranging the bar owner’s lucky break. Instead of serving a lengthy prison sentence, Smith will spend a year on probation for his role in the drunk driving accident.

The victim’s father, Bob Daunt, 74, stated to the court that he doesn’t believe the crash occurred because of criminal activity, but instead a lapse in judgment. “We’ve had two and a half years to think about it, and my mind hasn’t changed since the day it happened,” Daunt insisted. Additionally, Smith’s Michigan criminal defense lawyer maintains that despite the criticisms of many anti-drunk driving organizations, the crash would have occurred even if alcohol was not involved. He explained, “I don’t think that Jeep tipped on a hill because alcohol was involved. There’s certain physics that happened to make it happen.”

It is almost certain that both of these factors significantly helped Smith in his plight to avoid jail time. However, his case does show the serious consequences that can be inflicted on the driver responsible for a drunk driving accident causing personal injury or death. It also highlights the importance of retaining experienced and trustworthy Michigan criminal defense attorneys for help. Doing so as soon as possible can ensure that the suspect may stay at home with family and friends, instead of sitting behind bars.

Originally published here.