Drunk Driving Charges in Garden City Michigan
Quick Facts about the 21st District Court in Garden City, Michigan, Wayne County District Court
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If you are charged with operating while intoxicated in the 21st District Court . . .
If you are charged with a DUI offense in Garden City, Michigan then your case will be heard in the 21st District Court located in the City of Garden City. There is only one judge assigned to 21st District Court, and that is theHonorable Richard Hammer
Although Wayne County Prosecutor Kym Worthy and the various assistant prosecuting attorneys working under the elected official have the ability to prosecute drunk driving cases in the Garden City district court, most of the drunk driving cases are handled locally by the City of Garden City. The local prosecutor is from a private law firm that handles criminal prosecutions in several jurisdictions. The City of Garden City prosecutor is very easy to deal with on uncontested cases where a client simply wants to receive a reduction but can be difficult on contested cases. I have had taken several contested cases to trial in the 21st District Court, and in the majority of those cases, I have conducted jury trials. With that said, however, I have also waived the right to a jury trial on the occasional cases before Judge Hammer.
Michigan DUI Penalties
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
A second offense for either super drunk, 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.
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
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.
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.
Drug and Alcohol Testing in the Garden City District Court
If you are convicted of a DUI in the Garden City district court, you will be placed on probation, and you may be subject to random chemical testing, including breath tests, transdermal monitoring (SCRAM tether), and urine tests. Increasingly, probation departments across Michigan are employing urine tests for alcohol known as EtG testing. The EtG test is a urine test that claims to detect biomarkers that result from the consumption of alcohol. Supposedly, these tests detect alcohol consumption for upwards of several weeks. If you have a positive EtG test but have not consumed alcohol, do not offer suggestions or defenses. Whenever you are going to court, whether it is in Garden City 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.
Important: When reporting for probation, you will likely be given a breath test on a PBT. Do not arrive to court for a probation appointment after consuming alcohol!
21st District Court Sobriety Court Program
The Garden City District Court does not have a sobriety court program at this time.
Important: Since the 21st District Court does not have a sobriety court program, motorists facing a second offense for OWI 2nd will NOT be eligible for a restricted license. If you are facing a second alcohol-related offense within seven years of a prior conviction, it is critical that you hire a lawyer and challenge the case. Two alcohol-related convictions within seven years results in a lifetime driver's license revocation with no restrictions and no ability to get a license in another state for work or any other reason.Prosecuting Attorneys in the 21st District Court
Please note: Do not contact the prosecutor directly. It is always a better idea to have your lawyer engage in all communications with the prosecutor.
State Prosecutor for Wayne County
Kym L. Worthy (P38875)
Wayne County Prosecutor
1441 Saint Antoine St
Frank Murphy Hall of Justice
Detroit, MI 48226
Phone: (313) 224-5777
Fax: (313) 224-8180
e-Mail: kworthy@co.Wayne.mi.us
Garden City Prosecutor
Brigid A. Mullinix (P64877)
Hemming Polaczyk Cronin Witthoff & Bennett PC
217 Ann Arbor Rd W Ste 302
Garden City, MI 48170
Phone: (734) 453-7877
Fax: (734) 453-1108
e-Mail: bmullinix@hpcswb.com
21st District Court Judge
The following opinions are drawn from my experiences and dealings with the Garden City judge in the 21st District Court. It's important to understand that these are just my opinions, and other lawyers might disagree. Because I routinely challenge drunk driving cases, however, my experience with a particular judge might be different from another lawyer, especially when that attorney does not take cases to trial. None of the comments here should be viewed as an attempt to discredit a particular judge or reflect poorly upon the judiciary. The Garden City judge generally does not order jail time in DUI cases, unless there is a probation violation. I generally enjoy cases in this jurisdiction. With that in mind, however, there are serious ramifications to a DUI conviction, so you should treat this case very seriously.
Hon. Richard Hammer
Judge Richard Hammer of the 21st District Court is a great judge, and I enjoy practicing before him. He is a very nice man, and he genuinely seems to care about his rulings as well as the people who appear before him. On evidentiary hearings and issues, he's very fair. He will listen to the evidence and usually make sound decisions, but I have disagreed with his legal analysis on a few occasions. I give him credit, however, because he is not afraid to make a ruling that runs contrary to the prosecutor's position or to make a ruling that might be controversial. At jury trial, he has proven to be generally consistent, allowing me to argue the evidence to the jury. And, as stated above, I have waived the right to a jury trial on a few cases over the years because I generally trust his judgment and his fairness.
Directions to the 21st District Court
The court is located at 6000 Middlebelt Road, Garden City, MI 48135. The court is located just north of Ford Road. It is a toss up as to whether it is better to take Middlebelt road from either I-96 (heading south) or I-94 (heading north) as opposed to taking Ford Road east from I-275. It is a slow trip any way you take, so plan on a few extra minutes for traffic. The court's telephone number is (734) 793-1680 and their fax number is (734) 793-1681.
Practicing DUI defense in the 21st District Court is difficult because the Garden City Police Department maintains no video equipment of any sort. There are no in-car camera, and there is no station house videos. This is ridiculous. Videos protect officers as well as the accused. The primary purpose for in-car cameras is officer safety and training, as a matter of fact, and the International Association of Chiefs of Police recommends in-car video equipment. We know from our experiences that the Garden City police officers are making mistakes in DUI cases every day, but it is next to impossible to prove this fact. We encourage people to call Chief Robert Muery, Chief of Police Garden City Police Department at 734-793-1700 to complain about this dereliction of duty, because it places police officers in jeopardy as well as innocent citizens. Grants are available to police departments for in-car cameras, and there is simply no excuse for the lack of video recording equipment in this jurisdiction.
If You Are Searching for Qualified Garden City DUI Lawyers . . .
If you are currently charged with drunk driving in Garden City, Michigan, and seeking the most experienced Garden City DUI lawyer to represent you in the 21st District Court, please send us a message or call our office at (888) 941-1122 or locally at (734) 591-0100.
William Maze can provide you with the highest quality representation in your Garden City drunk driving case. Mr. Maze is an award-winning attorney and one of Michigan's leading drunk driving defense lawyers. He is certified in standardized field sobriety tests and teaches other lawyers how to defend DUI cases. He has been trained on the BAC Datamaster breath testing device at National Patent Analytical Systems and owns two Datamaster devices as well as PBTs. He has received toxicology training in blood and urine testing, and he has attended hundreds of hours of specialized training in DUI defense across the county.
William has handled many Garden City DUI cases and routinely appears in the 21st District Court, successfully representing clients through motions and jury trials that have resulted in favorable rulings. If you want to know more about William's nearly 20 years of experience fighting drunk driving cases or what you might expect as a result in your case, call our office and schedule an appointment with Mr. Maze.
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