DUI Case Reviews & Results

The following Case Reviews describe real outcomes of cases brought against clients in Michigan. If you have a case you would like an OWI attorney to review, contact Attorney Joseph Awad for a comprehensive and confidential review of your drunk driving case. Your legal matter will get the attention and respect it deserves by an attorney who has the proven ability to successfully defend your case. Call Attorney Joseph Awad now: (734) 507-1333.

MICHIGAN DUI – sample success stories:

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Even if this is the first time you have been charged in your life, you will quickly find that Mr. Joseph A. Awad Esq. has the experience and integrity to handle your case and help you put this event behind you.

By specializing in DWI/OWI/DUI or drunk driving defense, attorney Awad has the exclusive experience necessary with the diligence, persistence, expertise and legal dexterity to comfortably guide you through Michigan’s DWI laws and defend your good reputation along the way.

DUI CASE JURY TAIL – NOT GUILTY
Location: Farmington Hills, MI
Charge: 2nd offense OWI
Outcome: Not Guilty Jury Verdict

Client was arrested for an OWI, second offense. After doing a satisfactory job with field sobriety tests at the Officer’s request, the client consented to a preliminary breath test and registered a .17 blood alcohol content on the road – more than two times the legal limit. He was immediately arrested for Operating While Intoxicated, second offense. His car was impounded, his license plate removed, and he was taken to the police department for further breath testing and booking.

At the Police Department, the officer was required to observe the client for 15 minutes prior to administering an additional breath test. In an overwhelming majority of breath test cases, the blood alcohol result obtained on the breath test machine at the police department is the only result that can be used to establish a defendant’s blood alcohol level. However, several minutes into the “observation period,” the officer noticed that the client had a tongue piercing and a metal stud inside his mouth. Aware of his responsibility to ensure nothing is placed in the mouth area during the observation period, the officer asked the client to remove the tongue piercing from his tongue. The client obliged and reached into his mouth the remove the metal stud. Attorney Joseph Awad requested the booking video of the arrest and noticed that his client clearly reached into his mouth during the critical observation period. It was also clear that the officer did not re-initiate the observation period after his client placed his fingers into his mouth. On the basis of the video evidence, Mr. Awad brought a motion to the court requesting a suppression of the .16 breath alcohol test, obtained at the police department. The judge heard oral arguments and reviewed the legal briefs submitted by both sides. After careful deliberation and several hearings, the Judge agreed with Mr. Awad and suppressed the breath test, making the results of his client’s blood alcohol test inadmissible in Court.

Undeterred by the inability to use the suppressed blood alcohol result, the prosecutor remained stubborn and refused to dismiss the case. As a result, a careful discussion of the pros and cons of trial was thoroughly discussed and the client decided to take the case to trial on the advice of Mr. Awad. At trial, Mr. Awad cross-examined the police officer regarding the field tests, his client’s statements, and other aspects of the case. The jury returned a verdict of NOT GUILTY. The client’s OWI second offense was dismissed!

OWI CHARGE REDUCED TO CARELESS DRIVING:

OWI Charge Reduced to Careless Driving “Handling my own OWI would have guaranteed me a conviction, but Joseph Awad defended me in corners I never would have thought to look. My first phone call to him set the tone; he helped to gain perspective and move forward with my defense. I was initially offered a lesser charge of visually impaired driving, which was still financially, legally and personally onerous to accept. Joseph was crucial in helping me understand all my options and outcomes, not just the one offered to me. On my own, I would’ve accepted this lesser charge as well, but on Joseph’s advice–honest and impartially given– I pursued a further reduction of charges. Joseph was spot on. He successfully argued for reducing my OWI to careless driving, a harmless traffic offense.” – NS, Ann Arbor, MI

MICHIGAN DUI OFFENSE – DISMISSED

Client was charged with drunk driving after being arrested with a .15 blood alcohol level. Attorney Joseph Awad requested and received the police report and videotapes of the incident that had been recorded by the police during the arrest process. In scrutinizing the contents of the tape, it was determined that the client had performed very well on all field sobriety test that the police officer asked him to perform. It was also determined that the roadside preliminary breath test had been administered improperly. After an aggressive cross examination and presentation of the video evidence in the case, the State Prosecutor offered to dismiss the drunk driving charge in exchange for a simple careless driving ticket. The client paid a mere $150 fine and never needed to return to court.

DUI CASE – DISMISSED

Client was asleep in his vehicle after consuming alcoholic beverages the entire previous night. State troopers found him in his vehicle the next morning with the engine not running but nevertheless conducted an investigation and arrested the client for OWI (drunk driving). After retaining the firm, Attorney Awad prepared a legal brief citing the illegality of the stop and arrest. In particular, it was argued before the judge that no evidence of “operating” the vehicle had been presented, and further, that no evidence existed to show that the client had driven while under the influence. When the judge agreed with Defense Counsel’s position, the drunk driving charge was dismissed.

OWI OFFENSE – DROPPED

Client was charged with drunk driving after erratic driving caught on police video and after failing all field sobriety tests. Once retained, Attorney Joseph Awad carefully reviewed all documents and noticed an illegal variance in the breath test results the client provided at the police station. Attorney Awad argued successfully that the breath tests results were inadmissible in court, since the proper procedure of the administration of the test had not been complied with. When the City attorney reluctantly agreed with the reasons cited by Defense Counsel, the DUI charge was dropped.

MICHIGAN DUI SECOND OFFENSE – DISMISSED

Client was arrested for his second drunk driving offense in a two year period. Officers had approached the client after he had exited his vehicle and was properly parked. Client hired Attorney Awad argued to the prosecutor and judge that the legally required “reasonable suspicion” needed to stop his client had not existed, as there was no evidence to suggest that his client had committed a crime. After attorney Awad subpoened the officer’s videotape of the incident, the argument and videotape was reviewed by the judge, who agreed with Attorney Awad. The drunk driving charge was therefore dismissed, despite the fact that the client had a blood alcohol level twice the legal limit when arrested.

CLIENT WITH .24 BAC DRUNK DRIVING OFFENSE – DISMISSED

Client was observed by police driving erratically and ultimately arrested for drunk driving. Attorney Awad requested and received the in-car videotape of the incident as well as the videotape capturing his client’s breath test at the police station. When reviewing the breathalyzer video, Attorney Awad observed his client place something in her mouth and retrieve items from her purse. As the law required that nothing be placed in an individual’s mouth prior to the test, Attorney Awad viewed the tape in court and cross examined the arrested officer regarding the improper administration of the breath test. The judge ultimately ruled in favor of the client and prohibited the use of the breath test results in the case. Faced with a major loss of evidence, the city attorney dismissed the drunk driving charge and amended the offense to a simple non-alcohol related traffic ticket.

OWI – DISMISSED

Client was charged with drunk driving after being observed swerving all over the road and failing all field sobriety tests. After viewing the videotape of the breathalyzer’s administration, attorney Awad challenged the validity of the test based upon an inadequate observation period of the client, as required by law. The prosecutor dismissed the drunk driving offense and the client, in exchange, pleaded to reckless driving instead.

BREATH TEST REFUSAL HEARING – APPEAL GRANTED

In a breath test refusal hearing (Implied Consent hearing), the officer obtained a search warrant to draw the client’s blood because he alleged the client refused to submit to the breath test that was offered. At the hearing, Attorney Awad determined that the officer who pulled over the client was a different officer than the one who arrested the client and offered the breath test. Attorney Awad proved that the officer requesting the breath test did not have reasonable grounds to believe the client committed a drunk driving, since the officer who made the initial stop did not cooperate in the arrest and was not present at the license hearing. As a result, the case was dismissed and client’s driving privileges were not suspended for the standard one year period.

IMPLIED CONSENT HEARING – NO LICENSE SUSPENSION

In a breath test refusal hearing (implied consent hearing), the police sought to take away the client’s right to drive for a full year because of an alleged refusal to submit to the breath test. At the hearing, Attorney Awad thoroughly cross-examined the arresting officer who admitted that the search warrant to draw blood, ordinarily reserved for after a person refuses the test, was prepared well before the client had a right to try to contact an attorney, as he requested. Since the warrant was complete before the client had a chance to talk to a lawyer, Attorney Awad successfully argued that the refusal to submit to the breath test was reasonable. The hearing officer for the Secretary of State agreed and ruled in favor of the client, saving his right to drive.

LICENSE REINSTATED

“Joseph Awad provided me with excellent service. I was going in front of the D.L.A.D. to apply for a restricted driver’s license after my 2nd DUI conviction. Mr. Awad was very reliable and detailed in preparing me for the hearing. … Any questions I had he was able to provide me with the answers I needed and promptly returned my phone calls. In the end I was granted my restricted license and Mr. Awad was of great assistance through the whole process. I also had a situation where I locked my keys in my car when it was running and had my license revoked. … Mr. Awad was on vacation and returned my phone call while on his leisure time. … Mr. Awad prepared me for that process as well and again he helped me to prove that I am responsible enough to safely operate a vehicle. I would recommend him to others in the future.” – RB, Plymouth, MI

The real life examples listed above are only a brief sampling of the many successful cases handled. Call now for a free and confidential evaluation of your Michigan DUI case. 1-877-MY-CRIME. You will be very happy you did.