Do’s & Don’ts of DUIs

DUIs can happen to anyone. While everyone knows it is not acceptable to drink and drive, DUIs still happen very frequently. One moment you’re out with friends, having a good time, and the next you’re being pulled over on suspicion of a DUI. Your mind might begin to race. What should you do? What shouldn’t you do? Can you do anything to make this encounter with the police as easy as possible for yourself?

DUI lawyer

5 Do’s of DUIs

1. Do pull over quickly and safely. As soon as you see the lights flashing behind you, pull over to the side of the road. Park your vehicle and turn off the engine. Place your hands on the wheel. Try to breathe and keep yourself calm.

2. Always treat the officer politely. Acting aggressively may cause more trouble. Keep your cool and remain calm.

3. Remember that you can stay silent. Your 5th Amendment right allows you to keep silent and not incriminate yourself. Answer appropriate questions that don’t give too much information.

4. Write down everything when you have an opportunity to do so. Your Michigan DUI lawyer will want to know all of the details, including the names of witnesses, to make the best case for you.

5.Hire a great criminal defense attorney. Patrick Fragel Attorney at Law PC is the most experienced and reliable attorney who will help you get the best outcome in your DUI case.

5 Don’ts of DUIs

1. Don’t try to escape. You may feel extremely frightened, but you cannot elude the police.

2. Don’t become aggressive in any way. The police will not take it easy on you if you become aggressive or give them attitude.

3. Don’t act suspiciously. Making sudden movements or becoming agitated will make the police suspicious of you.

4. Don’t lie. Remember that you do not have to talk, but don’t lie if you must.

5. Don’t refuse to take a chemical test at the police station. Refusing may result in automatic incrimination.

3 Ways to Fight Drug Possession Charges

If the prosecutor charges with you drug possession, you might think that all hope is lost. This isn’t necessarily the case. Drug possession lawyer Patrick Fragel Attorney at Law PC and his legal team help clients fight drug possession charges every day. Here are three ways to fight drug possession charges in Michigan:drug possession lawyer

  1. Constitutional defenses
    The police can’t stop and search you without a lawful reason. Unfortunately, sometimes the police forget this constitutional limitation and they search you, your property or your vehicle without a warrant and without an exception to the warrant requirement. When this happens, you can file a motion with the court to ask them to throw out the evidence against you. The court’s don’t want to reward police for their bad behavior, and that can work to your favor.
  2. Possession defenses
    The next way to defend a charge of possession is by questioning whether you’re actually in possession of the drugs. To possess drugs, they have to be in your dominion and control. The police can’t blame everyone in the car when there are drugs found behind one seat and you didn’t know a thing about it. In addition, if someone places the drugs on you, you can explain to the jury that you didn’t know you were in possession of the drugs.
  3. Identification and chain of evidence questions
    When the police conduct a drug investigation, they need to take careful steps to preserve the evidence. They need to be able to account for what happens to the evidence between the investigation and the trial. Too often, the police are sloppy in their work. If they can’t say how they kept the drugs or if they don’t test the drugs, you may have valid defenses.

Working Together For You

Patrick Fragel Attorney at Law PC is a Michigan criminal defense attorney with years of experience helping good people fight drug charges. Even if you think there’s nothing you can do, you may be surprised to learn what defenses might apply in your case. Contract Patrick today to talk about your case.

Driver Responsibility Fee Abolished

Public Wins:  Driver Responsibility Fee Abolished

In 2016, the Driver Responsibility Fee will start phasing out, and will be completely abolished by October 1, 2019.  Proponents of the new law say the fee is a second punishment for the same crime ­­- double jeopardy. It’s expensive and has no connection to driver safety or highway improvements.   The Driver Responsibility fee for an Operating While Intoxicated (OWI) conviction is $1000, and for an Operating While Visibly Impaired (OWVI) conviction is $500 as of October 1, 2016.  Other drunk driving penalties remain unchanged.

Phase-Out Schedule

Oct. 1, 2015 To Sept. 30, 2016

First year ‒ Full Driver Responsibility Fee is charged.

Second year ‒ 50 percent of the Driver Responsibility Fee is charged. [A $1,000 fee for OWI will be $500 for the second year]

Oct. 1, 2016 To Sept. 30, 2018

First year ‒ Full Driver Responsibility Fee is charged.

Second year ‒ No Fee is charged.

Oct. 1, 2018 To Sept. 30, 2019

First year ‒ 50 percent of the Driver Responsibility Fee is charged.

Second year ‒ No Fee is charged.

Oct. 1, 2019 No Driver Responsibility Fee is charged for offenses occurring on or after Oct. 1, 2019.

Unfortunately, Driver Responsibility Fees for convictions that occurred before Oct. 1, 2015 do not qualify for a rate reduction and must be paid in full.

Failure to Pay the Driver Responsibility Fee

Failure to pay the Fee on time will cause you driver’s license to be suspended.  If its suspended,  your driving privileges can be reinstated in two ways.   Either pay in full the drivers responsibility fee, and driver’s license reinstatement fee of $125, or  enter  an Installment Agreement with the Michigan Department of Treasury.  The reinstatement fee of $125 may be included in the approved Installment Agreement.  If the driver fails to complete the Installment Agreement, then the privileges will be suspended again.

How to Get Your Michigan Driving Record

Driving and vehicle records can be purchased through the Record Lookup Unit at the Secondary Complex, 7064 Crowner Drive, Lansing, MI 48918-1502. You must complete a record request form each time you request a record. Each record is $11 and must be paid in advance with a check, money order or credit card (Discover, MasterCard or Visa). A certified copy of a driving or vehicle record is available for an additional $1 fee.  The Secretary of State branch offices can also provide a copy of your Michigan Driving Record.

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Former Prosecutor – Over 20 Years Experience

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Antrim County Minor In Possession

Don’t Let a Minor In Possession Charge Damage Your Record

An Antrim County Minor in Possession charge may be dismissed if the minor successfully completes a probationary period. A deferred prosecution allows you to avoid jail, avoid a Criminal Record and Keep Your Driver’s License.

Deferred prosecution of an Antrim County Minor in Possession charge protects the underage drinker from jail and a permanent criminal record. On the other hand, the repeat offender faces potential jail time, costly probation conditions and a mandatory license suspension. For a free case evaluation contact Patrick Fragel today.

An Antrim County Minor in Possession (MIP) of Alcohol, while tough on drinking, offers a generous deferred prosecution for first time offenders. When a minor who has not previously been convicted of Minor in Possession pleads guilty, the court, without entering a judgment of guilt, may defer further proceedings and place the Defendant on probation. The conditions of probation will include payment of the court costs, probation costs, the costs of substance abuse testing, and rehabilitation services. If the person successfully completes the terms and conditions of probation, the court shall dismiss the Traverse City Minor in Possession charge.

Dismissal under this section shall be without adjudication of guilt, and does not carry with it the consequences of a conviction. An person may obtain only 1 discharge and dismissal under the Antrim County Minor in Possession law.

PARENTAL INPUT: Parents of a minor charged with an Antrim County Minor in Possession may request a random or regular preliminary chemical breath analysis as part of the probation. Courts encourage parents to participate in the minor’s rehabilitation. If requested by a parent, the Court can impose curfews and high school performance standards as conditions of probation.
FIRST OFFENSE If convicted, First offenders under the MIP statute face a $100 fine, court costs and supervised probation. The conditions of probation may include community service, substance abuse screening and assessments, which can be very time consuming and expensive. The first conviction will undoubtedly cause a spike in your insurance rates.
SECOND OFFENSE A second MIP conviction has a possible 30 day jail sentence. Jail can be ordered if the court finds that the minor violated an order of probation. The probation violation could include failure to complete substance abuse treatment, drug screening, or community service, or failure to pay the fines for the first conviction. The fine doubles to $200.00. The court is likely to order strict substance abuse monitoring such as urine analysis, daily preliminary breath tests (PBT’s), and/or formal substance abuse treatment.
THIRD OFFENSE The third MIP conviction can land the minor in jail for up to 60 days. The fine is hiked up to $500, plus court costs. Inevitably, a third offense will result in regular chemical testing, and substance abuse counseling.

Driver’s License Penalties for an Antrim County Minor in Possession – MIP

The Michigan Secretary of State (SOS) will impose the following suspensions when a minor is convicted of Minor in Possession MIP:

1) Deferred Prosecution: No sanctions.

2) First Offense: 60 suspension.

3) Second Offense: 90 days. The SOS may issue the person a restricted license after the first 30 days of suspension.

4) If the person has 2 or more prior MIP convictions, the SOS shall suspend the drivers license for 1 year. The SOS may issue the person a restricted license after the first 60 days of suspension.
Keep in mind, if you are convicted of MIP after having a deferred prosecution, the SOS will use the deferred prosecution to enhance the license sanctions.

ABOUT THE AUTHOR: Patrick S. Fragel

Don’t Let an MIP Damage Your Record!

Call Traverse City Defense Attorney Patrick S. Fragel

231-933-7030

Antrim County Criminal Defense Contacts:

  • 86th District Court – Antrim County, 205 E. Cayuga Street, Bellaire, MI 49615 231-533-6441
  • 13th Circuit Court – Antrim County, 205 E. Cayuga Street, Bellaire, MI 49615 231-533-6353
  • Antrim County Sheriff & Jail, 117 Grove Street, Bellaire, MI 49615 231-533-8627 (x3233)

Antrim County Court House

Kalkaska County Criminal Defense

Patrick S. Fragel, Attorney at Law, P.C.

If the Situation is Urgent, Call 24/7 to Discuss Your Rights

800-468-7004

Kalkaska County Criminal Defense lawyer Patrick S. Fragel is qualified to represent you on felony and misdemeanor charges. If you are caught-up in a drunk driving charge, theft offense, serious assault or drug charge, our firm will provide a criminal defense strategy to protect your rights. Kalkaska is only 25 miles from our office, which provides quick access to the Kalkaska Courts. Check out our Client REVIEWS

From the arraignment to sentencing, we provide valuable criminal defense advice. We are experienced with the Michigan Criminal Sentencing Guidelines, as well as alternatives to jail or prison. Alternatives to incarceration include Holmes Youthful Trainee Status for young, first time offenders; Deferred sentences for first time drug convictions; Inpatient treatment those seeking rehabilitation. Contact Kalkaska Criminal Defense attorney Patrick S. Fragel for a confidential evaluation.

Kalkaska County Criminal Defense Lawyer Patrick S. Fragel provides prompt service:

  • Affordable Attorney Fees – Payment Plans
  • Arrange for a Bond Review
  • Jail Visits After Hours and Weekends
  • 24/7 Emergency Consultations
  • Investigate Rehabilitation Options

A felony is defined as a crime that has a potential prison term as the punishment. Kalkaska County Criminal Defense Lawyer Patrick S. Fragel has aggressively defended serious felonies such as negligent homicide, criminal sexual conduct, home invasion, maintaining a drug house, manufacturing methamphetamine, delivery of morphine, Felony OWI, and assault with a dangerous weapon. Many of these Clients have been spared lengthy prison terms due to the defense strategy designed by Patrick S. Fragel.

A misdemeanor is a crime that carries a maximum penalty of a year in the Kalkaska County Jail. Such charges include drunk driving, possession of marijuana, use of morphine, shop lifting, NSF Checks, and aggravated assault. While these crimes do not carry prison terms, a conviction can result in up to a year in Jail. As an Kalkaska Criminal Defense Attorney, Patrick S. Fragel provide a confidential evaluation of your criminal case. Contact him today.

Each client has the right to view evidence, interview witnesses, study the police reports and inspect the protocol scientific testing done by the Police. Michigan Court Rule 6.201 provides that Criminal Defendants must be allowed to view all evidence against them. Contact Kalkaska Criminal Defense Lawyer Patrick S. Fragel to learn how to see the evidence against you.

When Your Freedom is at Risk,

Call 800-468-7004

Kalkaska Criminal Defense Lawyer Patrick S. Fragel

Kalkaska Criminal Defense Contacts:

  • 46th Circuit Court – Kalkaska County, 800 Livingston Boulevard, Gaylord, MI 231-258-3300
  • 87th District Court – Kalkaska County, 605 North Birch Street, Kalkaska, MI 231-258-9031
  • Kalkaska County Sheriff, 605 North Birch Street, Kalkaska, MI 231-258-8686
  • Kalkaska County Jail, 605 North Birch Street, Kalkaska, MI 231-258-5245

Kalkaska County Court House

Crawford County Drunk Driving Defense

Patrick S. Fragel, Attorney at Law, P.C.

Former Prosecutor – Trial Lawyer

If the Situation is Urgent, Call 24/7

800-468-7004

For each Crawford County Drunk Driving – OWI case, there are five actions that will ensure you get the best outcome for your case. These five steps will help you avoid jail and save your driver’s license. We get results.

Review the Bond

The first thing you want is an affordable bond to get your loved one out of jail quickly. When the bond conditions interfere with your employment, your health, or are unduly expensive, Attorney Fragel will petition the Court to change the conditions. For example, daily preliminary breath tests could be changed to random testing, saving you time and money.

Discovery of Evidence

The Prosecuting Attorney is required to provide you a copy of all evidence gathered in your Crawford County drunk driving case. Police reports, pictures, witness statements, breath test results, medical records, Crime lab reports – all evidence must be disclosed at the start of the Crawford County drunk driving case. This includes evidence that tends to show you are not guilty.

Evaluate Drunk Driving Defenses

Immediately after reviewing the evidence, you need to decide the strongest defense in your Crawford County drunk driving – OWI case. Every Crawford County drunk driving – OWI has its unique defenses that Attorney Patrick Fragel uses to defend your rights.

File Motions

Once you spot the defenses to your Crawford County drunk driving – OWI case, you file pre-trial motions which ask the Court to exclude evidence or dismiss the criminal charges. As a seasoned criminal defense attorney, Patrick Fragel will identify the best pre-trial motions to get the charges dismissed, and keep you out of jail.

Pre-Trial Conference

During the pre-trial conference for your Crawford County drunk driving – OWI case, the Defense Attorney and the Prosecutor review the evidence and defenses. If you have studied the evidence, and sharpened your defenses, then you are ready for a successful pre-trial conference.

Check Out Our Client Reviews

When Your Freedom is at Risk,

Call 24 Hours – 800-468-7004

Crawford County Drunk Driving Lawyer Patrick S. Fragel

Crawford County Criminal Defense Contacts

87th District Court, 200 West Michigan Ave, Grayling, MI, 49738 (989) 344-3242

  • 46th Circuit Court, 200 West Michigan Ave, Grayling, MI, 49738 (989) 344-3239
  • Crawford County Sheriff, 200 West Michigan Ave, Grayling, MI 49738 (989) 348-6341
  • Crawford County Jail, 200 West Michigan Ave, Grayling, MI 49738 (989) 348-4822

Crawford County Court House

Antrim County Drunk Driving Defense

Patrick S. Fragel, Attorney at Law, P.C.

Former Prosecutor – 20 Years Experience

If the Situation is Urgent, Call 24/7 

800-468-7004

For each Antrim County Drunk Driving case, there are five actions that will ensure you get the best outcome for your case. These five steps will help you avoid jail and save your driver’s license. We get results.

Review the Bond

When the bond conditions interfere with your employment, your health, or are unduly expensive, Attorney Fragel will petition the Court to change the conditions. For example, daily preliminary breath tests could be changed to random testing, saving you time and money.

Discovery of Evidence

The Prosecuting Attorney is required to provide you a copy of all evidence gathered in your criminal case. Police reports, pictures, witness statements, breath test results, medical records, Crime lab reports – all evidence must be disclosed at the start of the Antrim County drunk driving case. This includes evidence that tends to show you are not guilty.

Evaluate Antrim County Drunk Driving Defenses

Immediately after reviewing the evidence, you need to decide the strongest defense in your Antrim County drunk driving – OWI case. Every Antrim County drunk driving – OWI has its unique defenses that Attorney Patrick Fragel uses to defend your rights.

File Motions

Once you spot the defenses to your Antrim County drunk driving – OWI case, you file pre-trial motions which ask the Court to exclude evidence or dismiss the criminal charges. As a seasoned criminal defense attorney, Patrick Fragel will identify the best pre-trial motions to get the charges dismissed, and keep you out of jail.

Pre-Trial Conference

During the pre-trial conference for your Antrim County drunk driving – OWI case, the Defense Attorney and the Prosecutor review the evidence and defenses. If you have studied the evidence, and sharpened your defenses, then you are ready for a successful pre-trial conference.

Check Out Our Client Reviews

When Your Freedom is at Risk,

Call 24 Hours – 800-468-7004

Antrim County Criminal Defense Lawyer Patrick S. Fragel

Antrim County Criminal Defense Contacts:

  • 86th District Court – Antrim County, 205 E. Cayuga Street, Bellaire, MI 49615 231-533-6441
  • 13th Circuit Court – Antrim County, 205 E. Cayuga Street, Bellaire, MI 49615 231-533-6353
  • Antrim County Sheriff & Jail, 117 Grove Street, Bellaire, MI 49615
  • Sheriff: 231-533-8627 Jail: 231-533-8627 (x3233)

Antrim County Court House

Benzie County Drunk Driving

Patrick S. Fragel, Attorney at Law, P.C.

Former Prosecutor – Trial Lawyer

If the Situation is Urgent, Call 24/7 

800-468-7004

For each Benzie County Drunk Driving case, there are five actions that will ensure you get the best outcome for your case. These five steps will help you avoid jail and save your driver’s license. We get results for Benzie County drunk driving clients.

Review the Bond

When the bond conditions interfere with your employment, your health, or are unduly expensive, Attorney Fragel will petition the Court to change the conditions. For example, daily preliminary breath tests could be changed to random testing, saving you time and money.

Discovery of Evidence

The Prosecuting Attorney is required to provide you a copy of all evidence gathered in your criminal case. Police reports, pictures, witness statements, breath test results, medical records, Crime lab reports – all evidence must be disclosed at the start of the Benzie County drunk driving case. This includes evidence that tends to show you are not guilty.

Evaluate Drunk Benzie County Driving Defenses

Immediately after reviewing the evidence, you need to decide the strongest defense in your Benzie County drunk driving – OWI case. Every Benzie County drunk driving – OWI has its unique defenses that Attorney Patrick Fragel uses to defend your rights.

File Motions

Once you spot the defenses to your Benzie County drunk driving – OWI case, you file pre-trial motions which ask the Court to exclude evidence or dismiss the criminal charges. As a seasoned criminal defense attorney, Patrick Fragel will identify the best pre-trial motions to get the charges dismissed, and keep you out of jail.

Pre-Trial Conference

During the pre-trial conference for your Benzie County drunk driving – OWI case, the Defense Attorney and the Prosecutor review the evidence and defenses. If you have studied the evidence, and sharpened your defenses, then you are ready for a successful pre-trial conference.

Check Out Our Client Reviews

When Your Freedom is at Risk,

Call 24 Hours – 800-468-7004

Benzie County Drunk Driving Lawyer Patrick S. Fragel

Your Benzie County Criminal Defense Contacts:

  • 85th District Court, 448 Court Place, Beulah, MI 49617 231-882-0019
  • 19th Circuit Court, 448 Court Place, Beulah, MI 49617 231-882-9671
  • Benzie County Sheriff, 505 Michigan Ave, Beulah, MI 49617 231-882-4484
  • Benzie County Jail, 505 Michigan Ave, Beulah, MI 49617 231-882-0052 or 882-4483 x235

Benzie County Court House

Manistee County Drunk Driving Lawyer

Patrick S. Fragel, Attorney at Law, P.C.

Former Prosecutor – Trial Lawyer

If the Situation is Urgent, Call 24/7 

800-468-7004

For each Manistee County Drunk Driving – OWI case, there are five actions that will ensure you get the best outcome for your case. These five steps will help you avoid jail and save your driver’s license. We get results for our Manistee Drunk Driving Clients.

Review the Bond

The first thing you want is an affordable bond to get your loved one out of jail quickly. When the bond conditions interfere with your employment, your health, or are unduly expensive, Attorney Fragel will petition the Court to change the conditions. For example, daily preliminary breath tests could be changed to random testing, saving you time and money.

Discovery of Evidence

The Prosecuting Attorney is required to provide you a copy of all evidence gathered in your criminal case. Police reports, pictures, witness statements, breath test results, medical records, Crime lab reports – all evidence must be disclosed at the start of the Manistee County drunk driving case. This includes evidence that tends to show you are not guilty.

Evaluate Manistee County Drunk Driving Defenses

Immediately after reviewing the evidence, you need to decide the strongest defense in your Manistee County drunk driving – OWI case. Every Manistee County drunk driving – OWI has its unique defenses that Attorney Patrick Fragel uses to defend your rights.

File Motions

Once you spot the defenses to your Manistee County drunk driving – OWI case, you file pre-trial motions which ask the Court to exclude evidence or dismiss the criminal charges. As a seasoned criminal defense attorney, Patrick Fragel will identify the best pre-trial motions to get the charges dismissed, and keep you out of jail.

Pre-Trial Conference

During the pre-trial conference for your Manistee County drunk driving – OWI case, the Defense Attorney and the Prosecutor review the evidence and defenses. If you have studied the evidence, and sharpened your defenses, then you are ready for a successful pre-trial conference.

Check Out Our Client Reviews

When Your Freedom is at Risk,

Call 24 Hours – 800-468-7004

Manistee County Drunk Driving Lawyer Patrick S. Fragel

Manistee County Criminal Defense Contacts:

  • 85th District Court, 415 Third Street Manistee, Michigan 49660 231-723-5010
  • 19th Circuit Court, 415 Third Street Manistee, Michigan 49660 231-723-5010
  • Manistee County Sheriff, 1525 East Parkdale Avenue, Manistee, MI 49660 231-723-8393
  • Wexford County Jail, 1525 East Parkdale Avenue, Manistee, MI 49660 231-723-8435

Manistee County Court House

Traverse City Drunk Driving Defense

Patrick S. Fragel, Attorney at Law, P.C.

Former Prosecutor – Trial Lawyer

If the Situation is Urgent, Call 24/7 

800-468-7004

For each Traverse City Drunk Driving – OWI case, there are five actions that will ensure you get the best outcome for your case. These five steps will help you avoid jail and save your driver’s license. We get results for our Traverse City Drunk Driving clients.

Review the Bond

The first thing you want is an affordable bond to get your loved one out of jail quickly. When the bond conditions interfere with your employment, your health, or are unduly expensive, Attorney Fragel will petition the Court to change the conditions. For example, daily preliminary breath tests could be changed to random testing, saving you time and money.

Discovery of Evidence

The Prosecuting Attorney is required to provide you a copy of all evidence gathered in your criminal case. Police reports, pictures, witness statements, breath test results, medical records, Crime lab reports – all evidence must be disclosed at the start of the Traverse City drunk driving case. This includes evidence that tends to show you are not guilty.

Evaluate Traverse City Drunk Driving Defenses

Immediately after reviewing the evidence, you need to decide the strongest defense in your Traverse City drunk driving – OWI case. Every Traverse City drunk driving – OWI has its unique defenses that Attorney Patrick Fragel uses to defend your rights.

File Motions

Once you spot the defenses to your Traverse City drunk driving – OWI case, you file pre-trial motions which ask the Court to exclude evidence or dismiss the criminal charges. As a seasoned criminal defense attorney, Patrick Fragel will identify the best pre-trial motions to get the charges dismissed, and keep you out of jail.

Pre-Trial Conference

During the pre-trial conference for your Traverse City drunk driving – OWI case, the Defense Attorney and the Prosecutor review the evidence and defenses. If you have studied the evidence, and sharpened your defenses, then you are ready for a successful pre-trial conference.

Check Out Our Client Reviews

When Your Freedom is at Risk,

Call 24 Hours – 800-468-7004

Traverse City Drunk Driving Lawyer Patrick S. Fragel

Traverse City Criminal Defense Contacts:

  • 86th District Court, 280 Washington Street, Traverse City, MI 49684 (231) 922-4580
  • 13th Circuit Court, 328 Washington Street, Traverse City, MI 49684 (231) 922-4701
  • Grand Traverse Sheriff, 851 Woodmere Avenue, Traverse City, MI 49684 (231) 995-5001
  • Grand Traverse Jail, 328 Washington Street, Traverse City, MI 49684 (231) 922-4530

Grand Traverse County Court House