MAZE LEGAL GROUP ROYAL OAK LAW OFFICE 626 4th Street, Royal Oak Michigan
If you are charged with a DUI offense in Royal Oak, Michigan then your case will be heard in the 44th District Court in Royal Oak. This Court is undergoing rapid change at this time. Longtime Royal Oak Judge Terrence Brennan has been absent from the bench since early October 2014 and is expected to officially step down in 2015. Judge Derek Meinecke has been named as the new chief judge of the 44th District Court, and he has received help with the docket from retired 44th District Judge Daniel Sawicki and Berkley District Court Judge Jamie Wittenberg. Judge Brennan's position is expected to be eliminated in a consolidation plan that will combine the 44th District Court with Judge Wittenberg's Berkley District Court in the 45A District Court.
The Maze Legal Group maintains a law office in the City of Royal Oak on 4th Street just a couple blocks east of Main Street. The office is on the south side of 4th Street at 626 4th Street, approximately one mile east of Woodward Avenue.
Cases are prosecuted in the 44th District Court by the Oakland County Prosecutor's Office as well as City Attorney Mark Liss and Ryan Kaluzny, depending on the nature of the charges. Drunk driving charges may be prosecuted locally by the city under local ordinance or under state code by the county prosecutor's office. Although the charges are identical with the same elements as well as penalties, the elected Oakland County Prosecutor, Jessica Cooper, has compelled all of her assistant prosecutors to enforce ridiculous policies on drunk driving cases. As a result, the Oakland County assistant prosecuting attorney (APA) assigned to a drunk driving case has no latitude on the drunk driving charge. Unless the defense successfully challenges the case through motions, the accused must either accept a plea or take the case to trial. The City Attorney, on the other hand, has broad discretion with the defense. Thumbnail Sketch of DUI / OWI Penalties You Face in Royal Oak in the 44th District Court If Convicted
If you plead guilty or if you are found guilty of an alcohol-related offense in Royal Oak following a trial, you are facing the following penalties. Please note that your driver's license remains valid unless or until you enter a plea or are found guilty, even though the police may have issued you a temporary paper license. If you face mandatory license sanctions, such as a revocation for a second drunk driving offense within 7 years, there is little benefit to taking a quick plea to a drunk driving charge.
First Time Offender: Super Drunk Over .17 BAC
- Recorded as "misdemeanor" conviction as opposed to felony conviction on criminal record
- Jail up to 180 days
- Probation for up to 2 years with alcohol and drug monitoring
- Fines of $200 to $700, "plus court costs" which totals well over $1,000.00
- One year of alcohol rehabilitation
- 45 days hard suspension, eligible to drive for the balance of the year (320 days) if the offender pays to have a breath alcohol ignition interlock device installed in the vehicle
- Up to 360 hours community service
- Six points on your Michigan driver's license
- $1,000.00 per year for two years "Driver Responsibility Fee" charged by the Secretary of State through the Michigan Department of Treasury
First Time Offender: OWI - Operating While Intoxicated (Same as DUI or DWI)
- Recorded as "misdemeanor" conviction as opposed to felony conviction on criminal record
- Jail up to 93 days
- Probation for up to 2 years with alcohol and drug monitoring
- Fines up to $500, "plus court costs" which totals over $1,000.00
- 30 days hard suspension on Michigan driver's license, eligible to drive for the balance of the six months (150 days) on a restricted basis, i.e. to / from / and in connection with work, court ordered programs, and emergency medical treatment
- Up to 360 hours community service
- Six points on your Michigan driver's license
- $1,000.00 per year for two years "Driver Responsibility Fee" charged by the Secretary of State through the Michigan Department of Treasury
First Time Offender: OWVI - Operating While Impaired
- Recorded as "misdemeanor" conviction as opposed to felony conviction on criminal record
- Jail up to 93 days
- Probation for up to 2 years with alcohol and drug monitoring
- Fines up to $300, "plus court costs" which totals over $1,000.00
- 90 days restricted driving on Michigan driver's license, i.e. to / from / and in connection with work, court ordered programs, and emergency medical treatment
- Up to 360 hours community service
- Four points on your Michigan driver's license
- $500.00 per year for two years "Driver Responsibility Fee" charged by the Secretary of State through the Michigan Department of Treasury
A second offense for either OWI or OWVI within seven years of a prior OWI or OWVI results in tougher penalties, greater likelihood of jail, and a lifetime revocation of a person's driver's license. A third offense for any combination of OWI and OWVI charges in a lifetime is a felony OWI 3rd offense, which carries mandatory jail and a possible prison term of up to 5 years. OWI 3rd charges might originate in the Royal Oak district court, but the case will only be held for a preliminary examination. Following a preliminary examination, the matter is bound over for further proceedings in the Oakland County Circuit Court and assigned to a circuit court judge.
Drug and Alcohol Testing in the Royal Oak District Court
If you are arrested and charged with a DUI in the Royal Oak district court, JAMS testing is regularly ordered as a condition of bond as well as probation. Judge Meinecke regularly orders chemical testing on unrelated cases in addition to drunk driving cases. JAMS, LLC stands for "Jail Alternatives for Michigan Services," and it is a private company that performs drug and alcohol monitoring. Their website www.jamstesting.com provides additional information. Increasingly, the 44th District Court probation department is employing urine tests for alcohol known as EtG testing. Whenever you are going to court, whether it is in Royal Oak or elsewhere, assume that you might be subjected to drug or alcohol testing, and do not attempt to purchase gimmicks claiming to help pass a drug test.
44th District Court Sobriety Court Program
The Royal Oak District Court has instituted a sobriety court program. This intensive program is designed to address substance abuse problems. For repeat drunk driving offenders with alcohol problems, this program has proven remarkably successful, reducing recidivism and helping people. The program combines monitoring with frequent meetings, and a system of punishments and incentives.
If a person is convicted of two drunk driving offenses within seven years, the Secretary of State revokes that person's driving privileges. This revocation is a lifetime revocation, although the person may appeal to the Driver's License Appeal Division after a minimum one year period. Unless the convicted motorist can prove sobriety and other requirements, the revocation remains in full force here in Michigan and outside the state.
Under a pilot project approved by state lawmakers, state-approved Sobriety Court programs can issue a driver's license to a successful participant in the program. The district court judge can essentially circumvent the Secretary of State. This can be accomplished in a remarkably short period of time.
The 44th District Court Prosecutors
Please note: We do not recommend that you contact the prosecutors directly. You should have your lawyer engage in all communications with the prosecutor because statements that you make can be used against you.
State Prosecutor for Oakland County
Jessica R. Cooper (P23242)
Oakland County Prosecutor's Office
1200 N Telegraph Rd
Pontiac, MI 48341
Phone: (248) 858-1000
Royal Oak City Prosecutor
Mark Liss (P42441)
Interim City Attorney
City of Royal Oak
211 S Williams St
Royal Oak, MI 48067
Phone: (248) 246-3240
Fax: (248) 246-3003
Web: www.romi.gov
Ryan S. Kaluzny (P59431)
Assistant City Attorney
City of Royal Oak
211 S Williams St
PO Box 64
Royal Oak, MI 48068
Phone: (248) 246-3240
Fax: (248) 246-3003
e-Mail: ryank@romi.gov