OWI With .41 BrAC Dismissed

OWI With .41 BrAC Dismissed

Client was charged with OWI, Leaving the Scene of a Property Damage Accident (MCL 257.618 et seq) and PBT refusal.

His operator’s license was also suspended for a year following an implied consent refusal hearing before an AHS hearing officer.

Although the client was operating a noncommercial vehicle at the time of the incident, a conviction of either of the two misdemeanors or a finding of responsibility regarding the PBT refusal would have resulted in the suspension of his CDL.

After filing a motion to dismiss on the grounds of an illegal search and arrest, Attorney Duke negotiated a plea to disorderly person, careless driving and dismissal of the PBT civil infraction. He also negotiated the withdrawal of the Notice of Refusal by the city attorney to rescind the one year implied consent suspension.

As a result the client was sentenced to one year probation and fines of approximately $600.00. Most importantly, his CDL was restored and he was able to resume his employment as a municipal employee.


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OWI With .41 Brac Dismissed - Duke Law Group Courtroom Victory
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OWI With .41 Brac Dismissed - Duke Law Group Courtroom Victory
Duke Law Group