Mom Drove Drunk With Daughter In Car

TROY, Mich. (WXYZ) – A 23-year-old Shelby Township woman has been charged with operating while intoxicated  and child endangerment after police say she was driving drunk with her son in the car.

Police pulled Greicy Yureimy Gutierrez over just before midnight on Rochester Road in Troy on December 29. An officer saw her car weaving and hitting a curb.

When she was pulled over, police found Gutierrez had her three-year-old son in the car.

A preliminary breath test determined that Gutierrez had a blood alcohol level of .11. You are legally drunk in Michigan if your blood alcohol level is .08 or higher.

Gutierrez was taken into custody. Her son was turned over to his father.

from wxyz.com

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

www.ambroseduiattorney.com

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

Pontiac man arrested after hitting patrol car while driving drunk with kid passengers

From freep.com

A 43-year-old Pontiac man was arrested early Saturday morning after side swiping an Oakland County Sheriff’s Office patrol car and registering a .346 on a portable breathalyzer test, more than four times the legal limit of .08.

The man also had three children in the car with him during the 1:49 a.m. incident on Saginaw in Pontiac. The children were released to the custody of their mother, according to a release from the sheriff’s office.

Two patrol cars and the officers were stopped with their lights flashing when the man allegedly crossed Saginaw from the opposite direction, side swiping one of the patrol cars, causing damage to the drivers’ side of both vehicles.

The sheriff’s office was seeking warrants against the man for driving while intoxicated second offense and three counts of child endangerment. A call to the prosecutor’s office for an update on charges was not immediately returned.

No one was injured in the crash.

If you have been charged with drunk driving contact Daniel Ambrose at 248-624-5500

www.ambroseduiattorney.com

9-year-old Caught Driving Intoxicated Dad To Store

From freep.com

A Brownstown Township father is accused of having his 9-year-old daughter drive him to the store after he had apparently been drinking.

Shawn Weimer, 39, was arrested after officers pulled over the pair on King Road near Dean in Brownstown Township at 2:46 a.m. Oct. 8, according to Brownstown Township Police.

His daughter was sitting behind the wheel in a child’s booster seat when an officer opened the driver’s side door of the full-sized panel van that Weimer uses for work, Detective Lt. Robert Grant said today.

Another driver called police after spotting the pair stopped at a gas station at Telegraph and West. The caller watched the little girl get in the driver’s seat and pull the vehicle out onto West Road. The caller then followed the van until police could catch up, Grant said.

“She’s like 7 years old, driving,” the caller told the 911 dispatcher, estimating the age of the 9-year-old girl, and chuckling on the tape released today by Brownstown Township Police. “Oops, she’s got her turn signal on and she’s turning right on Beech Daly.”

“Are you sure the child’s driving, sir?” the dispatcher asked.

“Yes,” he replied. “The guy at the gas station couldn’t believe it, either.”

The dispatcher asked the man to put on his four-way flashers as he was following the child driving on West, approaching King Road.

“She’s driving pretty good, I’m telling ya. I can’t believe it,” the man told the dispatcher.

Read the rest of the story and listen to the 911 call here

If you have been charged with drunk driving call Dan Ambrose at 248-624-5500

www.ambroseduiattorney.com

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

Michigan Drunk Driving Crackdown through September 5

A new advertising campaign will warn about an upcoming statewide drunken driving crackdown that begins Friday and runs through Sept. 5.

The “Drunk Driving. Over the Limit. Under Arrest.” campaign and stepped up enforcement are part of a federally funded program run through the Michigan Office of Highway Safety Planning.

The state says the official launch for the ad campaign is Monday.

The state says the aim is to reduce alcohol-involved fatalities when they are at their peak from June to September.

Plans call for the ads to be concentrated in the Detroit area, the Flint, Saginaw and Bay City areas and in western Michigan.

They include ads on broadcast TV, cable and radio, as well as websites.

Billboards featuring the message also are part of the effort.

Please make sure to drink responsibly over the holiday weekends and to choose a designated driver!

If you need assistance with a DUI charge in Oakland, Wayne, Livingston, Macomb or Lapeer county

contact Daniel Ambrose at (248) 624-5500 or visit our website www.ambroseduiattorney.com

Judge Small Challenged on Drunk-Driving Sentences

48th District Court Judge Kimberly Small is know for her harsh DUI sentences. As DUI attorneys we know convincing her to sentence drunk-driver’s to no jail time is a challenge.

Some find her sentencing unjust and  a Bloomfield Hills attorney  and Wayne State University Law Professor are filing a motion that argues her DUI sentences are unconstitutional. The attorney’s argue that due to her deep bias against drunk driving she should excuse herself from hearing DUI cases.

Judge Small has declined to comment on the pending case.

Read the full story here

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

or visit our website www.ambroseduiattorney.com

New Test For Drug Driving?

from Newscientist.com

A FINGERPRINT is all you need to determine whether someone is under the influence of drugs.

Paul Yates from Intelligent Fingerprinting, a company spun out from the University of East Anglia in Norwich, and colleagues, have developed a handheld device that police can use to detect breakdown products from drugs excreted through sweat pores in the fingertips.

The device applies gold nanoparticles coated with antibodies to a fingerprint. The antibodies stick to antigens on specific metabolites in the fingerprint. Fluorescent dyes attached to the antibodies will highlight the presence of any metabolites. The technique was first used to detect nicotine, but now works on a range of drugs, including cocaine, methadone and cannabis.

It is hard to prove that someone is drug driving, for example, says Yates, because existing tests are invasive, can be contaminated, or aren’t sensitive enough. The new device could detect nanograms of metabolites in minutes, he says. The device was announced at the UCL International Crime Science Conference in London last week.

 

If you are looking for representation in your legal matter contact Ambrose Law Group at 248-624-5500

or visit our website at www.ambroselawgroup.com

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

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