Driving with a Suspended License:
Driving with a suspended or revoked license is usually charged as a serious misdemeanor punishable by substantial fines and up to a year in jail. Under some circumstances, as where someone is killed or injured in an accident caused by a driver whose license is suspended or revoked, the offense can be charged as a felony, with a high fine and a possible state prison sentence. Fines and jail sentences are typically heaviest in cases where the license suspension or revocation resulted from a traffic offense involving alcohol and/or drugs.

Reckless Driving:
Reckless driving is operating a vehicle with willful or wanton disregard for the safety of others or the property of others. It generally involves drastic misconduct on the road, such as driving on the wrong side of the road or driving at dangerously high speeds. It is a misdemeanor, punishable by a fine and a local jail sentence. It always results in a driver's license suspension or revocation, and it very often results in the cancellation of insurance. Automobile insurance companies know that people who drive “recklessly” are more likely than others to get in traffic accidents. Also, “reckless driving” convictions are commonly seen as part of a plea bargain in which an initial OWI charge is “reduced” to reckless driving.

Leaving the Scene of a Property Damage or Personal Injury Accident:
Leaving the scene of a property damage or personal injury accident is a serious offense. In Michigan, if you are involved in an accident you are required to stop and identify yourself to the other driver or drivers. It is, at minimum, a serious misdemeanor punishable by jail time and a high fine. If someone is injured or killed in the accident, leaving the scene can be charged as a felony that can result in a  prison sentence. In either case the charge has nothing to do with who was at fault in the accident. In addition to the other penalties, leaving the scene of a property damage or personal injury accident can result in long-term driver's license suspension or, in some cases, license revocation.

Operating While Intoxicated (OWI):
A OWI occurs when someone is operating, or is in actual physical control, of a motor vehicle while under the influence of alcohol or other controlled substance, to the extent that their mental faculties are impaired and/or their blood alcohol content (BAC) is above the legal limit. Even for a first offense, penalties can include a jail sentence, license suspension, substantial fines, community service, mandatory attendance at an approved alcohol program, mandatory overnight incarceration and the required installation (at the offender's expense) of a car ignition locking device. In addition, it typically results in higher insurance premiums and an offender may become ineligible for credit and admission into Canada and other countries.

Operating Under the Influence of Drugs or Prescription Medications:
Most people know that it is illegal to drive under the influence of illegal drugs, but many believe they can avoid a conviction for OUID by producing a prescription for the drug in question. This is not true. An OUID charge has nothing to do with whether or not possession of the drug was lawful. The legal issue in any OUID case is whether, as the result of impairment, the driver has lost the ability to drive safely. It is just as unlawful to drive under the influence of a properly prescribed medication as it is to drive after drinking too much alcohol.

Other Traffic Crimes:
Michigan has laws governing the operation of motor vehicles on public streets and highways. Most of these laws classify violations as Civil Infractions - relatively minor offenses for which a fine is the only penalty. One cannot be given a jail sentence for a civil infraction. It can be very important to fight civil infraction prosecutions in some situations. Michigan has a "point " system to track individual driving records and the accumulation of too many points can have serious consequences, ranging from license suspension to revocation. Automobile insurance carriers often cancel the policies of drivers with too many “points.” The decision whether or not to fight a civil infraction ticket is one that should receive very careful consideration.

Administrative License Suspension Hearings:
Michigan law provides for administrative driver's license suspension in certain circumstances, but in every case the driver is entitled to a hearing in which the suspension can be contested. If a driver fails to show up or a hearing is not requested within the time provided by law the right to a hearing is waived, and the suspension goes into effect automatically. In some cases the time for requesting a hearing is very short, and the scope of the hearing is usually very narrow and highly technical, from a legal standpoint. Self-representation at these hearings is rarely successful. The different types of administrative suspension include:

• Implied Consent Suspension Based on Chemical Test Refusal
  In Michigan, when a defendant “unreasonably” refuses to submit to a chemical test the driver’s license can be suspended for one to two years. This “Implied Consent” suspension is not affected by the outcome of the OWI case. If there is a refusal suspension it remains in place even if the defendant is adjudged “not guilty” or if the case is dismissed.  At the implied consent hearing, it is often necessary to attack the probable cause for the defendant’s arrest and whether the police followed all the applicable procedures. 
• Medical/Drug Suspension
  Some medical conditions require administrative driver's license suspension. These include certain diseases involving seizures, blackouts, fainting spells, serious physical coordination problems, some mental disorders and loss of vision. The defense to this type of suspension usually includes the submission of written reports from health care providers and other experts.
  
• Negligent Driver Suspension
  A driver’s license can be suspended when a driver has accumulated too many “points” for traffic tickets or has been involved in an unusually high number of accidents.

Driving While Intoxicated Causing Death – Manslaughter:
Manslaughter is the criminal charge for unlawfully killing someone without actually intending to do so. When someone is driving while intoxicated and causes an accident in which someone is killed, the driver may be charged with manslaughter.

Driving While Intoxicated Causing Death – 2nd Degree Murder:
Second Degree Murder is the criminal charge for unlawfully killing someone, either deliberately and intentionally or recklessly with extreme disregard for human life. In Michigan, when someone is driving while intoxicated and causes an accident in which someone is killed the driver may be charged with murder if the circumstances are particularly aggravated.

OWI Second and Subsequent Offense:
Individuals charged with second and third offense drunk driving face progressively stiffer penalties. In Michigan, the third or subsequent offenses may be charged as a felony no matter how old they are and, upon a conviction, may result in a multi-year state prison term. The elements of the offense are the same, whether or not there are prior convictions.

If you or someone you know in Michigan has been arrested and charged with drunk driving, and you need the aggressive and skilled legal representation of a Bloomfield Hills DUI Defense Attorney, call Larin & Leonard, PC today at 866-435-1791, or use the contact form provided on this site to schedule your free consultation.

If you or someone you know in Michigan has been arrested and charged with drunk driving, and you need the aggressive and skilled legal representation of a Bloomfield Hills DUI Defense Attorney, call Larin & Leonard, PC today at 866-435-1791, or use the contact form provided on this site to schedule your free consultation.

ADDRESS OF THE FIRM:
Larin & Leonard, PC
36400 Woodward Avenue
Bloomfield Hills, MI 48304
Telephone: 866-435-1791
Fax: 248-647-3156

MEMBERS OF THE FIRM:

Robert W. Larin
Robert W. Larin, a 1965 graduate of University of Detroit Law School. Prior to entering private practice Robert Larin served as an Assistant Prosecutor in Oakland County and was appointed as an Assistant United States Attorney for the Eastern District of Michigan assigned to the Criminal Division. He was an instructor at the Oakland County Police Academy for five years teaching criminal procedure to hundreds of police officers and deputy sheriffs. Robert Larin and Edwin Leonard formed Larin and Leonard in 1988 to specialize in the defense of the drinking driver.

Robert Larin was one of the first attorneys in the United States to specialize in the defense of the drinking driver and is recognized nationally as a leader in the field. In 1976 Robert Larin authored an article in the Detroit Lawyer entitled “The Aggressive Defense in Michigan Drunk Driving Case”. In 1979, he was the co-author of the book “Drunk Driving Cases: A Manual for Michigan Lawyers” for the University of Michigan and the Michigan State Bar’s Institute of Continuing Education in Michigan (ICLE). In 1981, he co-authored “Defense of Drunk Driving Cases in Michigan” also for ICLE followed by “Michigan Drunk Driving Law and Practice” in 1986 and 1991. Robert Larin continues to contribute to the annual update of this series. In addition to writing about drunk driving defense, Robert Larin lectures extensively on the subject. A majority of the time he is lecturing to other attorneys keeping them updated on the changes in the drunk driving laws as well as the teaching the basics. He has also lectured to the District Judges Association, the Probate Judges Association and the Michigan Association of Accident Reconstruction Investigators. He was a guest lecturer at MSU’s Law School Basic Practice Course in 2004. He has also spoken to community groups such as the Lions Club and the Rotary Club on the issues important to the drinking driver.

Robert Larin caries a rating of “A/V” from Martindale-Hubbell – its highest rating – and is listed in the Martindale-Hubbell Bar Register of Preeminent Lawyers, Lexis Nexis Martindale-Hubbell (2007). He is frequently quoted in newspapers and on television. He is often sought out by the media for comment when analyzing news worthy drunk driving issues.

Robert Larin's vast wealth of knowledge about the defense of the drinking driver, the current and past laws on the subject and the science behind the criminal investigation makes him a very potent adversary for prosecutors and police.


Edwin R. Leonard
Edwin R. Leonard is a graduate of The University of Michigan, (B.G.S. 1972) and Wayne State University Law School (J.D. 1976). He is a former Wayne County Probation Officer and served as a Special Assistant Prosecuting Attorney for Wayne County from 1976 to 1979. From 1979 to 1988 Mr. Leonard was in private practice at Boyer & Churilla, P.C. later Boyer, Churilla, Leonard and Dawson, P.C. in Macomb County, Michigan. In 1988 Edwin R. Leonard and Robert W. Larin became partners and established the firm of Larin and Leonard engaging in a statewide legal practice limited to criminal and alcohol traffic defense including drunk driving cases resulting in death and serious personal injury.

Mr. Leonard is widely recognized by attorneys and judges in Michigan as an authority in the area of drunk driving law. He is co-author of Michigan Drunk Driving Law and Practice, Second Edition, the Institute of Continuing Legal Education, Ann Arbor, MI 1992, Michigan Drunk Driving Law and Practice, Third Edition, the Institute of Continuing Legal Education, Ann Arbor, MI 1999, and Michigan Drunk Driving Law and Practice, Fourth Edition, the Institute of Continuing Legal Education, Ann Arbor, MI 2007. In addition to these books, Mr. Leonard has lectured and written widely on drunk driving issues for numerous legal, judicial, and educational organizations including: The Institute of Continuing Legal Education, “Injury Re-defined : Serious Impairment of Body Function” (1995); the Wayne County Circuit Court/Recorder’s Court Judges Seminar, “Driver License Restoration in Circuit Court” (1997); The Institute of Continuing Legal Education, “Auto Forfeiture In Practice” (1997); The Detroit College of Law at Michigan State University, Criminal Trial Advocacy Course, “Drunk Driving Defense Strategies” (1998); The Institute of Continuing Legal Education, “Changes in Licensing Law” (1999); The Michigan State Bar Association Annual Convention, “Update On Michigan’s Drinking and Driving Laws” (2000); The Institute of Continuing Legal Education, “A Year Under the New Statute” (2000); the Macomb County Bar Association C.L.E. Program “Implied Consent Issues” (2002); The Institute of Continuing Legal Education, “Winning the Implied Consent Case,” (2002); Wayne County Circuit Court C.L.E. Program, “Felony Traffic Issues” (2003); Institute of Continuing Legal Education, “Be on the Lookout for (OWI) 911 Calls” (2004); and The Institute of Continuing Legal Education, “Drunk Driving -- Boats, Snowmobiles, or Off-Road Vehicles” (2007).

Mr. Leonard earned the Martindale Hubbell Law Directory’s highest attorney rating for legal ability and high ethical standards – “A/V” – over twenty years ago and has maintained that rating to present. He is also listed in the Martindale-Hubbell Bar Register of Preeminent Lawyers, Lexis Nexis Martindale-Hubbell (2007). He has been quoted on drunk driving issues on radio and television, and in the press. Mr. Leonard is a member of the State Bar of Michigan, the Criminal Law Section of the State Bar of Michigan, the American Bar Association, and the Macomb County (Michigan) Bar Association. He has been on the faculty of The Institute of Continuing Legal Education, at The University of Michigan Ann Arbor, Michigan since 1992.

Edwin Leonard's depth and breadth of knowledge on the subject of drunk driving issues and his experiences as a prosecutor and defense attorney gives him a substantial advantage in both the courtroom and the backroom.

Daniel Larin
Daniel Larin is a graduate of Michigan State University (B.S. 1988) He attended Washburn School of Law in Topeka, Kansas and graduated with honors (J.D. 1998). He was on the Editorial Staff of the Washburn Law Journal. Daniel interned as a prosecutor in Sedgwick County in Wichita, Kansas. Since joining Larin and Leonard in 1998, Daniel Larin has distinguished himself as specialist in the Defense of the Drinking Driver and a specialist in License Restoration before both the Driver Assessment and Appeal Division of the Secretary of State and in the Circuit Courts and. As a recognized specialist in license issues, he has lectured on the subjects of driver licenses and implied consent issues for the Institute of Continuing Legal Education and before the Oakland County Bar Association. Additionally, he is a co-author of the University of Michigan’s and Michigan Bar’s Institute of Continuing Legal Education’s (ICLE) “Michigan Drunk Driving Law and Practice”, Fourth Edition; authoring the chapter “Discovery, Defenses and Pretrial Motions”.

He is also a co-author of the ICLE’s “Michigan Basic Practice Handbook”, Sixth Edition; authoring the chapter “Traffic Offenses”. He has contributed to the ICLE’s “Partners” website authoring “How to” manuals on “Discovery”, “Implied Consent Hearings” and “License Restoration before the DLAD” and  “License Restoration in the Circuit Court".

Daniel’s background as an environmental scientist, marine biologist and construction supervisor allows him to analyze the difficult scientific and engineering issues that arise in many complicated criminal cases.