Daniel Hajji, Attorneys of Michigan, PLLC
Please Call : (248) 782-8322
Every drunk driving case has a defense and can be won. Many people think that just because they were arrested for an OWI (DUI), they're automatically Guilty. The truth is that half of every jury trial in the country result in dismissals.
The defense of every Michigan DUI charge starts with basically 3 questions:
1. Is the evidence against you legal or was it obtained in violation of your rights.
2. If it was legally obtained, will the evidence prove you guilty beyond a reasonable doubt to a Michigan jury?
3. Did the police follow law, rules and administrative procedures, and if not, will such evidence be tossed out or the case dismissed?
In order for these questions to be answered, a good dui lawyer will gather police reports, patrol car video recordings, booking room video, data master logs, police dispatch records, blood vile (if blood was taken).
All of the questions above involve a thorough analysis of why you were stopped by the police from the get-go. In other words, were you driving badly? If not, then you need to fight on the basis of the stop. If the Judge (never jury) decides in your favor by finding that the ‘stop’ was not good, then it is likely that your case will be dismissed due to a violation of your constitutional right to be free from unreasonable searches and seizures (4th Amendment to the U.S. and Michigan Constitution).
Most police officers use weaving, swerving, speeding, making a wide turn as their basis for pulling you over (aka "stop"). However, this can be challenged by gathering evidence on your own through police reports, video recordings from the patrol car and the booking room, datamaster logs to ensure the machine was caliberated and maintained properly and the 15 minute rule was 'really' observed. If you simply go into Court without reviewing the evidence against you and other information available, you or your lawyer will be making an informed decision. Attorney Daniel Hajji will demand this material immediately after being retained.
Many people wrongly assume that because they had something to drink, and because they were arrested for a OWI/DUI, then they’re guilty. Wrong! It is not illegal to drink and drive in MI. The police officer may have formed incorrect opinions of your sobriety. Also, the scientific and administrative methods of testing your BAC (blood alcohol level) are not always accurate or properly administered. Attorney Daniel Hajji can study all of the evidence against you, and put each piece of evidence to the test to weaken the prosecutor’s case.
One example is the breath or blood test which is more of an “objective” measure of impairment, since it does not take the officer’s perceptions into account. However, mistakes the officer makes when giving you the test, and errors or inaccuracies of the machine itself, can both lead to erroneous results. The other types of evidence are “subjective” in nature, and do rely on the perceptions, memory, and opinions of the police officer. Because the police make mistakes - give you the wrong instructions, form false conclusions, and fail to accurately remember details – Attorney Daniel Hajji can often effectively challenge their testimony against you and knows where to look and what to look for to thoroughly challenge the evidence against you.
Attorney Daniel Hajji established his law firm with a mission to provide top quality defense in DUI cases to clients no matter how serious the offense might appear. We believe that everyone deserves a powerful defense, and at a rate that is reasonable. We are committed to reviewing every aspect of DUI evidence and identifying those factors that could be challenged in court. This can include the breathalyzer evidence, field sobriety testing results and administration, blood testing, chain of custody of evidence, police procedure and all other parts of the case against you. The first crucial step if you have been arrested is to contact a Bloomfield DUI defense lawyer from our firm.
DUI Lawyer Serving Bloomfield Township, Novi and Troy Areas
Those who have been arrested and charged with a DUI or an OVI offense often are not sure what to do; should they just plead guilty and take the punishment meted out by the court? Should they try to defend their case and avoid punishment? What I have found in my years of practice is that there are an astonishing number of DUI cases that have strong opportunities to defend. In fact, many who have suffered a conviction could have been found not guilty, or had their case dismissed or the charges reduced had they contacted our firm early on.
If you hold a professional license, your future ability to practice your profession can be compromised if you are convicted of a serious DUI offense, or have prior convictions on record. We take special interest in assisting our professional clients, and are often contacted by nurses, lawyers, doctors, medical professionals and educators to assist them in seeking to avoid the personal and professional damage that a conviction will bring. We are committed to our clients and seek our all the errors in the prosecutor's case against you to aggressively defend your case in court.
Please Call : (248) 782-8322
