Wexford Drunk Driving Defense
Patrick S. Fragel, Attorney at Law, P.C.
Trial Lawyer – Former Prosecutor
If the Situation is Urgent, Call 24/7
5 Key Actions In Your Wexford Drunk Driving Case
For each Wexford Drunk Driving – OWI case, there are five actions that will ensure you get the best outcome for your case. There are several complex procedures that go into defending a Wexford Drunk Driving – OWI case, but these five steps will lead to your best defense.
Review the Bond
MCR 6.106 defines the process for setting bond in a criminal case. The purpose setting a bond or “pre-trial release” is to protect society and ensure the Defendant appears for Court hearings. Once bond is set, the Attorney can ask the Court to change the bond conditions. If your bond conditions are interfering with your employment, your health, or are unduly expensive, Attorney Fragel will petition the Court to modify the conditions. For example, daily preliminary breath tests could be changed to random testing, saving you time and money.
Discovery of Evidence
MCR 6.201 describes what evidence must be disclosed in Wexford drunk driving – OWI cases. 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 case. This includes evidence that might exonerate you, or tend to show you are not guilty. For example, if you are charged with Operating While Intoxicated, and the police have a video showing someone else was driving, it must be turned over to you.
Immediately after reviewing the evidence, you need to decide the strongest defense in your Wexford drunk driving – OWI case. For example, can it be proven that you were the driver of the vehicle? How strong is the evidence that your blood alcohol content was above the legal limit while driving? Was the datamaster device properly calibrated? Did the datamaster machine give you an “error” reading? How long after driving did the police contact you? Were your statement made voluntarily or coerced? If you were not driving, do you have a credible alibi witness? If there was a search of property, did the Police have a valid search warrant? Every Wexford drunk driving – OWI has its unique defenses that Attorney Patrick Fragel uses to defend your rights.
The Defenses you identify lead to Pre-trial motions being filed in the Wexford drunk driving – OWI case. For example, a Motion to Suppress blood alcohol tests can be filed if the Police did not obtain a search warrant before having your blood drawn. If the Court agrees, then the blood-alcohol test results (BAC) will be excluded from evidence, thus weakening the Prosecutor’s case. In a Wexford drunk driving – OWI case, Defendants must provide the Prosecutor timely Notice of an Alibi Defense MCL 768.20, if they are claiming they were not at the scene of the crime. As a seasoned criminal defense attorney, Patrick Fragel will identify the best pre-trial motions to file based on the facts of your case
During the pre-trial conference for your Wexford drunk driving – OWI case, the Defense Attorney and the Prosecutor review the evidence and defenses. It is then decided whether to set the case for trial, enter a plea-bargain, or dismiss the charges. If you have studied the evidence, and sharpened your defenses, then you are ready for a successful pre-trial conference.
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Wexford Drunk Driving Lawyer Patrick S. Fragel
Distinguished Rating for Legal Skills and Ethical Standards from Martindale-Hubbell
Wexford County Court House