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Michigan Criminal Law Blog

Mr. Kowalkowski is a lifelong Michigan resident.  He completed his undergraduate studies at Michigan State University.  After graduation he went on to receive his law degree from the Wayne State University Law School. During that time, he served as an intern with Oakland County Circuit Court Judge Gene Schnelz and worked as a law clerk fo...r an Oakland County criminal defense firm. More

DUI Attorney Southfield Michigan

Facing a DUI/OWI in Southfield, Michigan can be a difficult time. It is important to have your arrest reviewed by an experienced and knowledgeable Southfield DUI Attorney.

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2006 Hits

Michigan License Restoration Attorney

The Michigan License Restoration process is one that requires expertise to avoid further delays in your ability to drive.  Since Michigan is almost wholly without reliable and accessible public transportation, no privilege to drive often times means no privilege to work, care for family, or support yourself.

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1776 Hits

DUI-OWI: The Top Four Apps to Download for your next Night Out

I am often asked by clients, friends and family what advice I can give if they are pulled over after they had been drinking alcohol.  I consistently respond that the best advice I can give is to avoid it.  Leave the car at home and find a sober friend to drive or call a taxi.

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2220 Hits

Oakland County Traffic Ticket

A simple traffic ticket in Oakland County may seem to be a situation where an experienced Traffic Ticket Defense Attorney is not necessary.  However, even the the most simple traffic ticket can lead to a substantial increase in your insurance premiums.  Often times clients decide to reach out to my office after receiving an increased bill from their insurance or after a second or third traffic citation.  Sometimes at that point there is little recourse available.

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1640 Hits

Moped License

Many clients facing significant license sanctions will inquire about alternative transportation options.  This can be especially important in areas where public transportation is not widely available.  I have been asked on multiple occasions about the possibility of utilizing a Moped with a Moped License.  Unfortunately, for most individuals facing driver license sanctions, this is not going to be an option.

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2680 Hits

SCRAM Tether

The Secure Continuous Remote Alcohol Monitor tether, otherwise known as a SCRAM tether, was designed to monitor defendants on probation to ensure that they refrain from consuming alcohol. The tether is fitted around the ankle and analyzes the offender’s perspiration for traces of alcohol.  Every thirty minutes a reading is sent through a modem in the person’s residence to central computer system.  If the data collected indicates an individual has exceeded more than one drink per hour (for an average person), the supervising probation officer is notified.

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3261 Hits

HYTA – Holmes Youthful Trainee Act

HYTA – Holmes Youthful Trainee Act (MCL 762.11 et)

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3575 Hits

Miranda Rights

Miranda Rights, as they are commonly referred to today, are the result of the 1966 Supreme Court case – Miranda v. Arizona.  In this case, the Court determined that when a suspect is put into police “custody,” he or she must be informed of their Fifth Amendment right to avoid making self-incriminating statements before being questioned.   If the police fail to advise the suspect of  their Rights, the involuntary statements made by the suspect are generally not to be admissible in a criminal case (and this includes any evidence that is discovered as a result of a statement or confession obtained unlawfully as well).

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2085 Hits

Michigan OWI and Michigan Public Health Code

A Michigan OWI and Michigan Public Health Code License could mean additional responsibilities for an individual.  If a licensee is ultimately convicted, the individual has finite amount of time to report the incident to the Department of Community Health – Licensing Division.

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Michigan OWI Conviction and Travel to Canada

What effect does a Michigan OWI conviction have on an American citizen’s ability to enter Canada?

A Michigan OWI and travel to Canada is one area of collateral consequences that is not often considered.  It appears that Canada’s Immigration and Refugee Protection Act, if you have been convicted of a crime, including Michigan OWI, you may be prohibited from entering Canada to visit, work, or immigrate. This prohibition, or “inadmissability,” seems to be discretionary, with the power to prohibit entry lying in the hands of Citizenship and Immigration Canada.

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1682 Hits

Super Drunk Drivers in Michigan and Ignition Interlock Device

In 2010, the Michigan legislature passed the “Super Drunk Driving Law.”  The law essentially amended the previous Michigan drunk driving laws to increase penalties for drivers with a blood alcohol content (BAC) of .17 or greater.  Under the law, a first-time offender will face up to six months in jail, a fine of $200-700 dollars, and up to 360 hours of community service.  In addition, anyone convicted under the Super Drunk Driving Law will be required to attend one year of substance abuse treatment.  The changes do not impact second or third time offenders, as the penalties will be the same regardless of whether their BAC reaches the .17 threshold.

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1505 Hits
Law Office of Andrew W. Kowalkowski PLLC
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Bloomfield Hills, Michigan 48302
Phone: 248.974.9594
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