Drunk Driving Charges in Westland Michigan
Quick Facts about the 18th District Court in Westland, Michigan, Wayne County District Court
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If you are charged with operating while intoxicated in the 18th District Court . . .
If you are charged with a DUI offense in Westland, Michigan, then your case will be heard in the 18th District Court in the City of Westland. The two current judges of the 18th District Court are the Honorable Sandra Ference Cicirelli, and the Honorable Mark A. McConnell.
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 Westland district court, most of the drunk driving cases are handled locally by Westland, 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 Westland Police Department, the Wayne County Sheriff and the Michigan State Police will file charges on drunk driving cases arising within the jurisdictional boundaries of the 18th 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 18th 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 Westland 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 18th 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 Westland 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 18th 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 Westland will likely be prosecuted in the Wayne County Circuit Court by the Wayne County Prosecutor's Office.
Drug and Alcohol Testing in the Westland District Court
If you are convicted of a DUI in the Westland 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 Westland 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!
18th District Court Sobriety Court Program
The Westland 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 18th 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)
Ryan Lukiewski (P73132)
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 Westland Prosecutor
Michael M. McNamara (P48055)
Fausone Bohn LLP
41700 West 6 Mile Rd Ste 101
Northville, MI
48168
Phone: (248) 380-0000
Fax: (248) 380-3434
E-Mail: mmcnamara@fb-firm.com
18th District Court Judges
The following opinions are drawn from my experiences and dealings with the Westland judges in the 18th 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 Westland 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. Mark A. McConnell
Judge Mark A. McConnell of the 18th District Court is a former prosecutor from the law firm that used to prosecute the criminal cases for the City of Westland. Despite his status as a former city prosecutor, however, he was an excellent attorney with an outstanding reputation. Since taking the bench, he has established himself as an excellent judge. On evidentiary issues, he has proven to be far more willing than his 18th District Court counterpart to make necessary decisions that do not favor the police and prosecution. That said, however, since he has not been on the bench for too long, our experience before Judge McConnell is still limited.
Hon. Sandra Ference Cicirelli
Judge Sandra Ference Cicirelli of the 18th District Court was a practicing attorney before she became mayor of the City of Westland. She stepped down as mayor to become a judge in the 18th District Court in 2006. Judge Cicirelli has proven to be a very compassionate judge, and she understands the law from both sides of the bench. She is also a reasonably good trial judge, providing only minimal interference during the presentation of evidence. Despite her attributes, however, she has repeatedly allowed highly questionable traffic stops by police officers in her jurisdiction. Judges are charged with the awesome responsibility of protecting our Constitutional rights by ensuring that "police officers act appropriately and not abuse the power legally afforded to them by . . .carefully scrutinizing a police officer's testimony as to the purpose of the initial stop." United States v Hill, 195 F3d 258 (6th Cir. 1999). In this regard, Judge Cicirelli has allowed questionable stops to persist despite prevailing national jurisprudence on the subject because no Michigan court has ruled directly on the subject matter.We have a lot of experience before Judge Cicirelli. This includes motion hearings, evidentiary hearings, and jury trials.
Directions to the 18th District Court
The court is located at 36675 Ford Road, Westland, Michigan 48185. The court is east of I-275 and west of Wayne Road. For those unfamiliar with the area, Ford Road is a few miles north of I-94 and a couple miles south of I-96. I-275 has an exit ramp at Ford Road. Taking Ford Road eastbound, the district court is located only a few miles down the road. (734) 595-8720
If You Are Searching for Qualified Westland DUI Lawyers . . .
If you are currently charged with drunk driving in Westland, Michigan, and seeking the most experienced Westland DUI lawyer to represent you in the 18th 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 Westland 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 Westland DUI cases and routinely appears before the judges of the 18th 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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