Category Archives: Daniel D. Ambrose

Legal expert (< —That's Dan): Former Miss USA Rima Fakih shouldn't expect to serve jail time

From Mlive.com

A 30th District Court judge will have the ability to determine whether ex-Miss USA Rima Fakih is charged under Michigan’s enhanced “super-drunk” law, says a notable criminal attorney who regularly handles drunk-driving cases in Metro Detroit.

Fakih reportedly blew a .20 after being pulled over driving early Saturday morning with a friend in Highland Park. That would make her eligible for punishment under “super-drunk” laws passed by the state of Michigan in 2010, which punish first-time offenders who blow more than a .17 behind the wheel.

Daniel Ambrose is a 15-year criminal defense attorney and founder of The Ambrose Law Group who is not involved in this specific case. He says “super-drunk” laws punish guilty offenders with a mandatory 45-day loss of license. “Then, they get a restricted driver’s license with an interlock device system in the car for the next nine months, and mandatory substance abuse counseling,” he adds. And fees for drivers punished under the new “super-drunk” laws can approach $8,000.

profile-dan-ambrose.jpgwebsiteDaniel Ambrose is a partner at The Ambrose Law Group.
If Fakih had allegedly blown under a .17, the cutoff limit for “super-drunk” laws, Ambrose says, her sentencing if found guilty wouldn’t be so harsh.

“Operating while Intoxicated is what everyone is charged with, at first,” Ambrose says. “They usually get it reduced to Operating While Impaired on the first offense, typically, in the tri-county area. And they get a restricted license for 90 days.”

But many defendants who are faced with the possibility of being charged under “super-drunk,” aren’t. Says Ambrose, “Many cities don’t charge as ‘super-drunk,’ they just charge as OWI.” He adds that many judges find the new sentencing guidelines to be extreme. “A lot of them just believe that the sanctions are hard enough under OWI, that they don’t need “super drunk,” or that the judge can decide whether or not the person needs interlock and add that higher charge,” he says. “I don’t know if Highland Park does that or not.”

In Ambrose’s opinion, Fakih’s celebrity might actually hurt her case in front of a judge. “That’s not what should matter, but that’s the reality of it,” he notes. Celebrity cases, Ambrose says, “are drawing more publicity and people are watching it, so if the judge is more inclined to give them a lighter sentence, they might not.”

100708-rima-fakih-interview.jpgMLive.comRima Fakih visited MLive’s offices for a live video chat where she answered questions about pageants, Michigan’s economy and her favorite songs (one of them is by Eminem).
Every judge is different, he cautions. “But generally speaking, the judge will be tougher on a celebrity than someone who is working in a factory.”

Fakih’s attorney, Doraid Elder, told MLive.com that ‘Fakih was driving a friend’s vehicle who ‘was not in a condition to drive.'”

According to Ambrose, that excuse wouldn’t get the pageant queen far with a judge. “That’s not going to be real helpful, he says. “She drank enough that, according to the Breathalyzer, she was two-and-a-half-times past the legal limit. If her friend was too drunk to drive, clearly she was too drunk to drive, as well.”

Ambrose added, “Obviously, she should have called a cab or gotten a ride from someone.”

Where Fakih was reportedly arrested is another factor involved when speculating what her sentencing might look like if she were to plead or be found guilty. “Well, there’s no good place to get pulled over,” he remarks. “But judges generally are compassionate in Wayne County, more than in Oakland County (He cited Novi’s District Court and 48th District Court in Bloomfield Hills as the only two notably tough courts for OUIL offenders).

Ambrose says he doubts that Fakih would be sentenced to jail for her first offense.

“Not usually,” he says, about a first offender’s chance of receiving a jail sentence. “Unless you’re in Bloomfield Hills — and then you’re going to jail.”

If you have been arrested for drunk driving contact Daniel Ambrose at 248-808-3130

www.ambroseduiattorney.com

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Drunk Driving Scandal In West Bloomfield

According to Detroit’s Channel 4 News a drunk driving scandal has surfaced involving West Bloomfield Township supervisor Michele Economou Ureste and her husband.

The supervisor’s husband was pulled over in mid-August for a suspected DUI.  He failed a breath test but was not ticketed or arrested.  Instead the officer on scene put the couple in his police car and drove them home.  He has claimed he was worried about how an arrest may have a negative impact on an upcoming millage in the town.

Other township leaders are upset by what they call an abuse of power used by the Supervisor.

Ironically the officer who pulled over Ureste’s husband is the same officer who arrested Jalen Rose, a local celebrity who received 20 days in jail for his DUI.

It is important for everyone who drinks and drives to be held responsible for their actions regardless of who they are.  Instances like this may tarnish the police’s authority and support backlash against strict drunk driving laws in the state and Oakland County.

To read channel 4’s coverage of this story click here

Read the Detroit Free Press coverage here

If you have questions about a drunk driving charge in Oakland County contact Daniel Ambrose at 248-624-5500 or visit our website at www.ambroseduiattorney.com

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Jalen Rose to serve 20 days in jail in drunken driving arrest

From freep.com

Jalen Rose is headed to jail for 20 days.

Judge Kimberly Small, known for her tough stance on drunken driving, ordered the former NBA player and University of Michigan basketball star to serve 93 days in jail, but she suspended all but 20 of those days.

Small, during a 40-minute sentencing hearing in 48th District Court in Bloomfield Township, told Rose: “You’re not here because you drank. I have no problem with that. Have at it. I do mind when you get behind the wheel of a two-ton vehicle and use it as a weapon against the rest of us.”

After the sentencing, Rose’s California-based attorney, Keith Davidson, accused the judge of abusing her power.

“We have two crimes here” what my client did, and what happened here today,” he said. “What we have is an elected judge legislating from the bench. What we saw today was a miscarriage of justice.”

Davidson said Rose’s legal team is contemplating appealing Small’s sentence. An Oakland County Circuit Court judge can overturn Small’s sentence if it can be shown she abused her discretion. “We’re considering all the legal possibilities,” Davidson said.

Rose will report to the Oakland County Jail on Tuesday to be housed with 1,200 other inmates.

Defense attorney James Burdick had pleaded with the judge not to send Rose to jail, noting the numerous contributions he has made to the community.

“Jalen Rose’s whole life has been about community service,” Burdick said. “He has accepted his responsibility from the very first day. The most difficult thing Jalen has had to do is sit down with his young children and explain what daddy has done.”

Rose, in a brief statement, said he has been “humbled and humiliated by this process.”

“I have no one to blame but myself for endangering the community,” he told Small.

Rose, 38, was arrested March 11 in West Bloomfield after crashing his Cadillac Escalade on Walnut Lake Road, west of Middlebelt. No one was injured in the single-vehicle crash.

Rose registered a 0.08% on a roadside Breathalyzer, which is the legal limit to be considered drunken driving. Later, a blood test showed a level of 0.12%.

Rose pleaded guilty to a single count of operating a vehicle while under the influence, a 93-day misdemeanor.

Small received several letters from community leaders, including Detroit Mayor David Bing, asking her to consider Rose’s long history as a role model and champion of inner-city youth. Rose has long funded athletic and educational programs, including the soon-to-open Jalen Rose Leadership Academy, a charter school in northwest Detroit. He also helped fund new surgical facilities for a hospital in the Congo.

Bing, in his letter to the judge dated Monday, said he has known Rose all of his life. Bing wrote, “Judge Small, for what it’s worth, I fully believe Jalen was being truthful to me when he stated, ‘I will never drink and drive again or ever be in any other court for any violation of the law.’ ”

The probation department, in its report, did not recommend jail time, Burdick said. Small responded: “The people have hired me, not my probation department.”

As the Free Press reported Monday, Small has a record of sending first-time drunken drivers to jail, often for days or weeks. Her average sentences far exceed those of her peers, who often order first-time offenders to serve probation and perform community service.

Small said people hire attorneys in an attempt to stay out of jail, but it’s her job to send a message.

“There lies the answer to drunk driving,” Small said. “Send a message out there that there will be serious consequences.”

Rose is a professional basketball analyst for cable sports giant ESPN.

 

If you have been arrested for drunk driving in Michigan contact Daniel Ambrose at (248) 624-5500

www.ambroseduiattorney.com

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Average Jail Time And DUI Costs In Michigan Cities: Ambrose Law Group Can Help With Your DUI Charge

If you have been arrested for a DUI/OWI contact

Daniel Ambrose at (248) 624-5500

Daniel Ambrose is a Michigan DUI/OWI expert. Daniel owns his own B.A.C Datamaster and has handled hundreds of Michigan DUI cases.

Visit our website www.ambroseduiattorney.com for more information!

Below find the average fines and penalties for DUI Arrests in Michigan Cities. Have you been arrested for a DUI in one of these locations? Did your punishment line up with these averages?

DUI Arrest/Charge in Detroit, Michigan
Average jail time: 11 Days
Avg. fine: $681
Avg. Community Service: 2.8 Days

DUI arrest/charge in Livonia, Michigan
Average jail time: 1 Day
Avg. fine: $1116
Avg. Community Service: 5 Days

DUI arrest/charge in Lyon Twp, Michigan
Average jail time: 5.7 Days
Avg. fine: $741
Avg. Community Service: 6.3 Days

DUI arrest/charge in Farmington Hills, Michigan
Average jail time: 2 Days
Avg. fine: $1596
Avg. Community Service: 3 Days

DUI arrest/charge in Southfield, Michigan
Average jail time: 5 Days
Avg. fine: $1014
Avg. Community Service: 8 Days

DUI arrest/charge in Royal Oak, Michigan
Average jail time: 2 Days
Avg. fine: $1513
Avg. Community Service:

DUI arrest/charge in Warren, Michigan
Average jail time: 31.7 Days
Avg. fine: $835.75
Avg. Community Service: 4 Days

DUI arrest/charge in Roseville, Michigan
Average jail time: 1 Day
Avg. fine: $814
Avg. Community Service:

DUI arrest/charge in St. Clair Shores, Michigan
Average jail time: 7 Days
Avg. fine: $1300
Avg. Community Service: 1 Day

DUI arrest/charge in Fraser, Michigan
Average jail time: 1 Day
Avg. fine: $814
Avg. Community Service:

DUI arrest/charge in Clinton Twp, Michigan
Average jail time: 24.5 Days
Avg. fine: $1634
Avg. Community Service:

DUI arrest/charge in Sterling Heights, Michigan
Average jail time: 14 Days
Avg. fine: $709
Avg. Community Service:

DUI arrest/charge in Bloomfield Hills, Michigan
Average jail time: 17.5 Days
Avg. fine: $1382
Avg. Community Service: 3.5 Days

DUI arrest/charge in Novi, Michigan
Average jail time: 5.7 Days
Avg. fine: $741
Avg. Community Service: 6.3 Days

DUI arrest/charge in Mount Clemens, Michigan
Average jail time: 24.5 Days
Avg. fine: $1634
Avg. Community Service:

DUI arrest/charge in Rochester, Michigan
Average jail time: 3 Days
Avg. fine: $946
Avg. Community Service: 5.7 Days

DUI arrest/charge in White Lake Twp, Michigan
Average jail time: 2 Days
Avg. fine: $822
Avg. Community Service: 2.5 Days

DUI arrest/charge in Oxford Twp, Michigan
Average jail time: 3 Days
Avg. fine: $946
Avg. Community Service: 5.7 Days

DUI arrest/charge in Romeo, Michigan
Average jail time: 4 Days
Avg. fine: $1118
Avg. Community Service:

DUI arrest/charge in Richmond Twp, Michigan
Average jail time: 4 Days
Avg. fine: $1118
Avg. Community Service:

DUI arrest/charge in Armada Twp, Michigan
Average jail time: 4 Days
Avg. fine: $1118
Avg. Community Service:

DUI arrest/charge in Holly Twp, Michigan
Average jail time: 2 Days
Avg. fine: $822
Avg. Community Service: 2.5 Days

DUI arrest/charge in Romulus, Michigan
Average jail time:
Avg. fine: $1585
Avg. Community Service: 5.5 Days

DUI arrest/charge in Southgate, Michigan
Average jail time: 1 Day
Avg. fine: $1752
Avg. Community Service: 17 Days

DUI arrest/charge in Plymouth Twp, Michigan
Average jail time:
Avg. fine: $1194
Avg. Community Service: 73 Days

DUI arrest/charge in Orchard Lake Village, Michigan
Average jail time: 17.5 Days
Avg. fine: $1382
Avg. Community Service: 3.5 Days

DUI arrest/charge in Oak Park, Michigan
Average jail time: 2 Days
Avg. fine: $1513
Avg. Community Service:

For a more detailed breakdown of the costs of a DUI click here

For more info on the consequences of a DUI conviction click here

For more information on Michigan DUI/OWI visit our website www.ambroseduiattorney.com

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Watch Dan’s Opening and Closing Statements In Our Latest Victory

Dan’s Opening

Dan’s Closing

If you have a criminal law question or are looking for an attorney contact Daniel Ambrose at (248) 624-5500
Ambrose Law Group

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Our Voice: Anthony Verdict Not Influenced By CSI Affect But By Lack Of Evidence

I just finished reading an article in The Oakland Press on the Anthony verdict and assistant prosecutor Paul Walton’s opinion that the CSI affect influenced jurors. I try a lot of cases. Every prosecutor gets up and asks “Does everyone realize that this is not CSI?” The prosecutor will then attempt an akward conversation in which he/she attempts to persuade the potential jurors that it is ok to find someone guilty based upon assumption, speculation and conjecture. Most juror’s want evidence. This means they expect the police to do a thorough and complete investigation, which includes gathering all the evidence there is to be gathered and testing the evidence that can be tested. I ask jurors “Some people want the police to do a minimal investigation, just enough to get a warrant, you know budgets are tight and we are in a recession. Others expect the police to do a thorough investigation, which includes interviewing all the witnesses, taking photos, fingerprint analysis, bullistics tests, etc, because that is what they would want if they were accused of a crime and were innocent. Who here is closer to the, we will call them “the minimalists.” Typically nobody will raise there hands. I then ask “who here is closer to the second group, let’s call them the CSI folks?” Everyone is in this group. Jurors want evidence. People’s lives are on the line! When prosecutors do their dog and pony show about this not being CSI what they are really saying is that “we don’t have a lot of the evidence that we could have and in hindsight should have if we are asking a jury to convict a fellow human being.

The prosecution in the Anthony trial tried to capitalize on the CSI affect with all their new science that apparently only impressed the media and themselves. The prosecutor laughing at the defense’s closing argument probably didn’t help their side, nobody really likes a pompous ass.

I finished a felonious assault trial yesterday, the jury was out two minutes before delivering a not guilty verdict. This happened mainly because the government charged an innocent man. They offered him a misdemeanor plea before trial which he politely declined. But the prosecutors know that most people can’t afford a competent lawyer for a jury trial, so even the innocent end up pleading to something.

I have a trial coming up with the Oakland county prosecutor on July 18, 2011. My client is charged with aggravated stalking. The accuser claimed that my client came to her house and rang her door bell and ran. The accuser claims to have seen my clients car from 50 feet away on a pitch dark night, she did not even get a license plate number. The accuser knows my client because she was/is a prostitute. The prosecutor filed a motion to prevent this information from getting before the jury, the judge denied it.

My point is that the Oakland county prosecutor’s office pursues a lot of frivolous prosecutions for which they are rarely held accountable. They allow and endorse shoddy police work and then beg juries to forgive them and their police departments lack of diligence. What they are really afraid of is juries getting smarter, more sophisticated, and their past refrain of “we represent the People of the State of Michigan, trust us” is falling on deaf juror ears.

Daniel@ambroselawgroup.com

If you have a question about a criminal charge contact Daniel Ambrose at (248) 624-5500

Ambrose Law Group

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Client Victory: Not Guilty In Under 2 minutes Of Jury Deliberation

If you are looking for experienced legal representation contact Daniel Ambrose at (248)-624-5500
Ambrose Law Group

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U.S. Supreme Court Rules Driver’s Have The Right To Confront B.A.C Analyst Who Administered Test

In a decision that has wide-ranging implications for photo enforcement, speeding tickets and driving under the influence of alcohol (DUI) charges, the US Supreme Court yesterday reconfirmed the Sixth Amendment right to confront one’s accuser applies to analysts who claim to have certified evidence from a machine. The 5-4 decision concluded that “stand-in” expert witnesses are not a substitute for the individuals who actually conducted the tests. The decision broadens the applicability of the landmark Melendez-Diaz ruling from 2009, which has already led to appellate division cases in four California counties to throw out red light camera evidence.

The high court examined the case of Donald Bullcoming whose vehicle rear-ended a truck belonging to Dennis Jackson in Farmington, New Mexico on August 14, 2005. Jackson went to exchange insurance information with Bullcoming and noticed that the man smelled of alcohol. Bullcoming fled the scene on foot before police arrived, but Officer Marty Snowbarger caught up to him and arrested him for DUI. After a breath test was refused, Snowbarger obtained a warrant to take Bullcoming’s blood. Forensic analyst Curtis Caylor’s test of this sample showed a blood alcohol content (BAC) of 0.21, a result that served as the primary evidence against Bullcoming at trial.

The blood testing process is performed by a gas chromatograph machine but remains subject to human error. The court noted a “fairly complex” Colorado lab mistake systematically produced high BAC readings for 206 defendants. Caylor did not testify at trial because he had been put on unpaid leave from his job for an unspecified reason. Instead, Gerasimos Razatos testified regarding the results which he had neither observed nor reviewed.

The high court examined the question of whether a lab report could be introduced as evidence by an “expert” who did not actually conduct the tests in question. The prosecution argued that the gas chromatograph machine was the accuser in the case and that Caylor simply wrote down the result without exercising independent judgment. For that reason, Razatos was an equivalent substitute. The court disagreed.

“Suppose a police report recorded an objective fact — Bullcoming’s counsel posited the address above the front door of a house or the read-out of a radar gun,” Justice Ruth Bader Ginsburg wrote for the majority. “Could an officer other than the one who saw the number on the house or gun present the information in court — so long as that officer was equipped to testify about any technology the observing officer deployed and the police department’s standard operating procedures? As our precedent makes plain, the answer is emphatically ‘No.'”

The court majority noted that using a surrogate witness would conceal any lapses or lies on the part of the certifying analyst. It also noted that the burden on the prosecution from the requirement of live testimony could have been cured by having Razatos retest the blood sample, which was preserved in accordance with New Mexico law.

“As a rule, if an out-of-court statement is testimonial in nature, it may not be introduced against the accused at trial unless the witness who made the statement is unavailable and the accused has had a prior opportunity to confront that witness,” Ginsburg concluded.

The decision represented a rare coalition of the most liberal and most conservative members of the court. Ginsburg and President Obama’s nominees to the court, Justices Sonia Sotomayor and Elena Kagan, were joined by Justices Antonin Scalia and Clarence Thomas.

View the ruling here 

If you have been pulled over for a DUI/OWI charge in Michigan contact Daniel Ambrose at 248-624-5500 and visit our website www.ambroseduiattorney.com

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Apple Bans Apps that reveal DUI checkpoints

People trying to avoid DUI checkpoints by checking their Iphone will no longer have that option. Apple announced that it will ban apps that reveal the location of DUI checkpoint locations.

Apple updated the review guidelines for its App Store.

“Apps which contain DUI checkpoints that are not published by law enforcement agencies, or encourage and enable drunk driving, will be rejected,” the new guidelines say.

For more info on this story click here 

How do you feel about Apple’s decision? 

If you have been charged with a DUI contact Dan Ambrose at (248) 624-5500 or visit his website

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Our Voice: WXYZ’s Skewed Report Of Oakland County’s Judge Chabot

Judge Chabot is one of the most efficient judges on any bench. She is courteous to everyone who appears in front of her, both lawyers and litigants. Her docket runs efficiently. She seperates her criminal call between defendants who are on bond and those in jail. This is very helpful because in most courtrooms it takes 3 hours to do a 2 minute hearing. When the  deputies bring in the jailers it wastes an entire morning/afternoon. I have never had to wait more than 30 minutes in Judge Chabot’s. Perhaps she does fewer trials because she is better at helping lawyers reach common ground and resolution, which is more efficient for  the system in total. Judge Chabot is one of the most popular judges in Oakland County. Every attorney I know was very disappointed in Channel 7’s skewed report. You notice how there was no pictures of crowded court rooms and people waiting for the judge in the news story. Does anyone really care what schedule a judge works when they are getting there job done? It’s like they are punishing her for efficiency. Rae Lee Chabot is considerate, compassionate, and decisive. These are the qualities we all should want in a judge.

View Channel 7’s report here 

Daniel@ambroselawgroup.com

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