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Drunk Driving Defense Attorney Andrew Kowalkowski

Remember, under no circumstances do these case results reflect what will happen with your case.

2nd Offense OWI reduced to Reckless Driving!

People v. Client

Client was stopped by police for weaving over lane markers and driving slower than the speed limit.  Before an OWI investigation could take place he was placed under arrest for having an expired license.  The officer then conducted a search of the vehicle and found an open bottle of whiskey in the center counsel.  At that point he questioned my client about the night and whether he was intoxicated.  He then had him perform field sobriety tasks.  On the day of trial my client accepted a plea agreement which reduced the 2nd Offense OWI charge to Reckless Driving and avoided a license revocation.

Disposition: Reckless Driving


OWI reduced to Careless Driving and Disorderly Conduct!

 People v. Client

Client was approached by police while waiting for friends in the parking lot of a Detroit club.  After a discussion Detroit Police conducted an OWI investigation.  My client was  arrested him and charged with OWI.  On the day of trial client plead guilty to a reduced charge of Disorderly Conduct and Careless Driving.  Then, at Sentencing, the Judge agreed to take the Disorderly Conduct Charge “under advisement.”  This meant that if the client was able to successfully complete probation they would maintain their clear criminal record and the case would be dismissed.

Disposition: Careless Driving/Disorderly Conduct (under advisement)


 OWI with roll-over accident reduced to Careless Driving!

People v. Client

Client was intoxicated and involved in a single vehicle roll-over accident.  Thankfully no one was injured in the accident. After lengthy plea negotiations with the prosecution a reduced plea to Careless Driving was offered.  Client plead responsible to Careless Driving and received a sentence of fines and costs.

Disposition: Careless Driving


 OWI reduced to Reckless Driving!

People v. Client

Client was charged with OWI.  The BAC result was reportedly a .10, however after reviewing the DataMaster Testing Sequence that was captured on video it was clear that a violation of the administrative rules had occurred.  Client was allowed to place their fingers into their mouth moments prior to the test.  An motion asking the judge to suppress the BAC result was filed.  The prosecution argued that the violation went to the weight of the evidence rather than its admissiblility.  On the day of the motion hearing, after discussions with the prosecution and arresting officer, a reduced plea to Reckless Driving was agreed upon.

Disposition: Reckless Driving


5th Offense Felony OWI Reduced to a Misdemeanor OWI!

People v. Client

Client was charged with his fifth OWI offense over the last fifteen years.  On the day of the Preliminary Exam a reduced plea to a Misdemeanor OWI was agreed upon based upon some of the issues  present in the case.

Disposition: Misdemeanor OWI


OWI reduced to Reckless Driving!

People v. Client

Client was charged with OWI.  Just two minutes prior to the administration of the DataMaster breath test client was allowed to use the restroom behind a closed door.  A clear violation of the 15 minute observation requirement.   A motion was filed and a Reckless Driving reduction was offered by the prosecution.

Disposition: Reckless Driving


OWI Dismissed!

People v. Client, 73B District Court (Bad Axe, Michigan)

On the night of the incident, my client was stopped after the officer observed her swerving and then fail to stop at a marked intersection.  When speaking with her, the officer noted a strong odor of intoxicants.  She was then asked to exit the vehicle and perform a few field sobriety tasks.

Client could not recite the alphabet or count backwards.  Additionally, she failed to follow the officer’s instructions in the “one-leg stand” and “walk and turn.”  Further, the officer noted that she failed the Horizontal Gaze Nystagmus.  Client also admitted to drinking four beers.  The officer then had her client submit to a preliminary breath test at the road side which resulted in a .15 BAC reading.  Client was arrested and taken back to the police department for an DataMaster breath test.

At the police department, my client refused the DataMaster breath test and was instead taken to the hospital for a blood draw after the officer sought out a warrant.  The result of the blood draw, which was taken a full 3 hours after the observed driving, was a .07.

A review of the incident videos, we noticed that the officer failed to make the required determination that 15 minutes prior to the administration of the PBT the client’s mouth was free from any interferrent that may have affected the PBT result.  We filed a motion to make sure that the unreliable PBT could not be used at trial.  At the motion hearing, the judge agreed with our argument and suppressed the PBT result.  Still, the prosecutor would not budge from the previous  plea offer of impaired driving, and instead insisted that, with the help of experts from the State Lab, she would be able to show beyond a reasonable doubt that our client’s BAC was above the legal limit at the time of driving.

On the day of trial, after a discussion with the judge and prosecutor in the judge’s chambers it was clear that the prosecutor would not be able to prove the State’s case, the charges were dismissed.

Disposition: Case Dismissed


Super Drunk OWI reduced to Reckless Driving

People v. Client

Client was stopped for squealing his tires as he drove over railroad crossing in downtown Plymouth.  A review of the video call the stop into question.  This in combination with the fact that a misdemeanor OWI conviction would impact Client’s ability to travel and potentially his employment lead to a plea reduction to Reckless Driving.

Disposition: Reckless Driving


License Reinstated after Implied Consent Suspension!

Client v. Secretary of State

Client had been convicted of Operating While Visibly Impaired in a local district court.  In addition, client had also been found responsible in a Secretary of State hearing regarding his refusal to take the chemical test on the night of his arrest.  The Secretary of State decision was appealed to the Circuit Court of Wayne County.  We argued that the officer had violated the administrative rules by having a Preliminary Breath Test in his hand at the same time he offered the DataMaster test.  This confusing act in combination with the officer’s refusal to let Client attempt to speak with an attorney amounted to a reasonable refusal on the client’s part.  After oral argument the Circuit Court Judge sided with Client.

Disposition: License Reinstated


 OWI reduced to Careless Driving!

People v. Client

Client was traveling home from a golf outing and was stopped for speeding.  After a brief OWI investigation he was arrested and taken back to the station where he blew a .08.  Prosecutor refused to reduce beyond an impaired, but after several pre-trial conferences and lengthy negotiations a Careless Driving and Disorderly Person reduced plea was offered.

Disposition: Careless Driving and Disorderly Person


OWI 2nd Offense Adjourned 18 months to avoid a license revocation!

People v. Client

Client was charged with a 2nd offense OWI being that he had a prior within the prior 7 years.  The facts of the case did not lend to a trial fight, so we decided to focus on saving his license and his job.  With the anniversary date more than a year and a half away, discussions focused on delaying things as much as possible.  Ultimately, the matter was adjourned more than 18 months so that the license sanction imposed would be nothing more than a restriction of his driving privilege

Disposition: License and employment saved


 OWI reduced to Reckless Driving!

People v. Client

Client was arrested for OWI and taken to the police station for a breath test.  After refusing to submit to a breath test, a warrant was issued for a blood draw.  The local fire department dispatched an EMT to draw the blood in the rear of the police station.  We filed a motion arguing that this violated the administrative rules governing blood draws.  On the day of the hearing a reduced plea of Reckless Driving was offered.

Disposition: Reckless Driving


 

2nd Offense OWI reduced to Reckless Driving!

People v. Client

Client was stopped by police for leaving his turn signal on too long without changing lanes on a 4 lane road.  A motion was filed challenging this as a basis for a stop.  Prior to the motion hearing the prosecuting attorney offered a reduction to reckless driving.

Disposition: Reckless Driving


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Law Office of Andrew W. Kowalkowski PLLC
2525 S. Telegraph Road, Suite 100
Bloomfield Hills, Michigan 48302
Phone: 248.974.9594
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