Aggressive Driving Can Lead to DUI Charge — Oakland County Criminal Defense Lawyer Blog — June 3, 2022
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Aggressive Driving Can Lead to DUI Charge
Aggressive driving is dangerous – and it is a good way to get yourself arrested for DUI in Michigan.
More than 600 drivers recently were pulled over by Michigan State Police troopers in the first week of a month-long crackdown on aggressive driving in Detroit, according to the Detroit Free Press. Motorists were stopped for speeding, tailgating, changing lanes unsafely and texting while driving.
If you are stopped by a police officer for any reason, you are in a vulnerable position. An initial stop can lead to other charges. If the officer discovers that you have been drinking, you can be charged with DUI.
Officers are trained to use all their senses to observe the condition of the driver and look for signs of drunk driving.
If the officer smells alcohol on your breath, sees an open container of alcohol or hears slurred speech, you will likely be detained. The officer may ask if you have been drinking. If you say “Yes,” that gives the officer sufficient cause to conduct a DUI /OWI /DUI investigation.
The officer may ask you to perform a series of field sobriety tests. These are designed to indicate physical signs of intoxication. Or you may be asked to submit to a preliminary breath test. If you decline to take the preliminary breath test, you will likely be fined and charged with a civil infraction.
If you perform field sobriety tests and fail them, that evidence can be used against you in court.
Three tips to avoid trouble on the road:
Contact a drunk driving defense lawyer as soon as possible if you are charged with an alcohol-related offense.
Could I Be Going To Jail For Reckless Diving In Serious Injury?
Most cases of reckless driving with serious injury are not motivated by an intention to cause harm to another person. Many people fear the possibility of being sentenced to the felony of reckless driving with serious injuries.
Reckless driving with serious injury is a felonious offense that carries a maximum penalty of five years. The court will take into account a variety of factors before imposing a sentence, which may include jail time if you are found guilty. A judge will review the facts of each case as well as any prior convictions when determining the sentence. A criminal defense lawyer will present your case at the sentencing hearing. This will give you the best chance to reduce your time behind bars.
You could face jail time and a minimum $1,000 fine up to $5,000 if you are convicted of reckless driving with a serious injury. As an alternative to jail time, the court may consider probation.
Although reckless driving with a serious injury can be considered a major offense, you are still innocent unless proven otherwise. The prosecution has a legal obligation to prove beyond reasonable doubt that all elements of the crime were committed. There is always a possibility to defeat the charges until that legal obligation is fulfilled.
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