Drunk Driving Charges in Livonia Michigan
Quick Facts about the 16th District Court in Livonia, Michigan, Wayne County District Court
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If you are charged with operating while intoxicated in the 16th District Court . . .
If you are charged with a DUI offense in Livonia, Michigan, then your case will be heard in the 16th District Court in the City of Livonia. The two current judges of the 16th District Court are the Honorable Kathleen J. McCann, and the Honorable Sean P. Kavanagh.
Although Wayne County Prosecutor Kym Worthy and the various assistant prosecuting attorneys working under the elected prosecutor have the ability to prosecute drunk driving cases in the Livonia district court, most of the drunk driving cases are handled locally by Livonia, Michigan through municipal contracts with private attorneys for legal services. This means that local charges are handled by private practicing attorneys. In addition to the local Livonia Police Department, City of Livonia, Wayne County Sheriff and the Michigan State Police will file charges on drunk driving cases arising within the jurisdictional boundaries of the 16th District Court. Sheriff cases and MSP drunk driving charges are usually prosecuted by the Wayne county prosecutor's office, but these are not as common as local, municipal charges.
Michigan DUI Penalties
-TAB SELECT-First Time Offender: Super Drunk Over .17 BAC in the 16th District Court
- 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. A felony drunk driving charge arising in Livonia will likely be prosecuted in the Wayne County Circuit Court by the Wayne County Prosecutor's Office.
First Time Offender: OWI - Operating While Intoxicated (Same as DUI or DWI) in the 16th District Court
- 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. A felony drunk driving charge arising in Livonia will likely be prosecuted in the Wayne County Circuit Court by the Wayne County Prosecutor's Office.
First Time Offender: OWVI - Operating While Impaired in the 16th District Court
- 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. A felony drunk driving charge arising in Livonia will likely be prosecuted in the Wayne County Circuit Court by the Wayne County Prosecutor's Office.
Drug and Alcohol Testing in the Livonia District Court
If you are convicted of a DUI in the Livonia district court, 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 Livonia 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!
16th District Court Sobriety Court Program
The Livonia District Court has a Sobriety Court program, which means that a person facing mandatory license revocation for a second alcohol-related offense within seven years of a prior conviction might escape the harsh ramifications of lifetime driver's license revocation. This program is not an easy program, but a person may be entitled to drive within 45 days under the program.
Read this brochure from the Michigan Secretary of State regarding Sobriety Court: http://www.michigan.gov/documents/sos/Sobriety_Court_FAQs_3-8-11_351604_7.pdf. Be advised that accepting a position in a Sobriety Court still requires an application for restoration of one's driver's license before the DLAD for drivers license restoration.
Important:
A Michigan driver who is convicted of two alcohol-related offenses within 7
years faces mandatory lifetime revocation with no driving privileges, i.e. no
restrictions, no breath interlock device, and no ability to get to and from
work. Michigan's Secretary of State places a nationwide hold on revoked
motorists, so moving to another state does not help. Under the Sobriety Court project
approved by lawmakers, certain Sobriety Court judges are permitted to overrule
the Secretary of State's revocation procedures after a minimum 45 day suspension, granting a restricted driver's
license to the Sobriety Court candidate.
Prosecuting Attorneys in the 16th 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)
Khalid H. Najar (P39237)
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
City of Livonia Prosecutor
Paul A. Bernier (P39119)
Assistant City Attorney
33000 Civic Center Dr Fl 4
Livonia, MI
48154
Phone: (734) 466-2518
Fax: (734) 466-2072
E-Mail: pbernier@ci.livonia.mi.us
City of Livonia Prosecutor
Donald L. Knapp, Jr. (P55637)
City of Livonia Law Department Head
33000 Civic Center Dr Fl 4
Livonia, MI
48154
Phone: (734) 466-2520
Fax: (734) 466-2072
E-Mail: dknapp@fb-firm.com
16th District Court Judges
The following opinions are drawn from my experiences and dealings with the Livonia judges in the 16th 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 Livonia judges generally do not order jail time in DUI cases, and 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. Sean P. Kavanagh
Judge Sean P. Kavanagh of the 16th District Court is a decent judge, and I enjoy practicing before him. He was the city attorney for many years before being elected judge. He was a tenacious prosecutor for the city, and it was always interesting squaring off against him on the opposite side of the table. When he was elected judge in 2008, it was not clear how he would shift from the role of prosecutor to judge. After a few years on the bench, it is safe to say that Judge Kavanagh maintains his pro-prosecutorial views since taking the bench. He is not totally unfair, but he is more apt to side with the prosecutor. It seems like he has a vested interest in furthering the old policies from his former office, such as enforcing so-called "mutual" discovery orders. I have appealed Judge Kavanagh's discovery decisions and won, but he continues to enforce these legally unenforceable orders.
Hon. Kathleen J. McCann
Judge Kathleen J. McCann of the 16th District Court is generally a good judge because she lets the attorneys make their arguments, but she can be indecisive and could be considered an activist judge. For example, during a trial a few years ago, the prosecutor opposed our expert witness. Judge McCann changed her ruling several times before adjourning the trial to allow the parties to appeal the issue. This defeated the client who had been outspent and could no longer afford the expert witness. We ultimately won the battle but lost the war. As an example of her legal rulings, on a recent case she simply refused to follow the law, opting to maintain her decision which was clearly based entirely on her emotional reaction to the case. On evidentiary issues, we have had mixed result with Judge McCann, celebrating some victories along the way, but always inconsistently. At sentencing, Judge McCann has been a decent judge usually refraining from a jail sentence, but with the local court's probation department recommending outrageous sentences, this is a bit unpredictable.
Directions to the 16th District Court
The court is located at 32765 Five Mile Rd., Livonia, Michigan 48154. The court is located on 5 Mile Road, a couple of blocks east of Farmington Road. It is relatively easy to get to this court from either I-275 (taking 6 Mile east) or Farmington Road north from I-96. (My Livonia office is located at I-96 and Farmington Road, one mile south of the 16th District Court.) (734) 466-2500
If You Are Searching for Qualified Livonia DUI Lawyers . . .
If you are currently charged with drunk driving in Livonia, Michigan, and seeking the most experienced Livonia DUI lawyer to represent you in the 16th 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 Livonia 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 Livonia DUI cases and routinely appears before the judges of the 16th 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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