Articles Posted in DUI/OWI/DWI

The Court of Appeals in People v. Yamat discusses what it means to “operate” a vehicle. Although the Yamat case dealt with a charge of felonious driving, the case is relevant for an operating while intoxicating charge. What Happened in the Case Defendant was a passenger in a car and his girlfriend was the driver.…

In the case of People v. Lechleitner, the Court of Appeals focuses on the definition of “operate” in operating while intoxicated. Facts of the Case The Defendant Lechleitner drove with a blood alcohol content of .12. While he was driving, he lost control and stopped his vehicle. The truck was stopped in the middle of…

The Michigan Supreme Court in People v. Barbarich tackled the issue of whether a traffic stop was justified when the only basis for the stop was a tip from an unnamed person who told a police officer a driver was being dangerous or reckless. The driver in this case was charged with operating while intoxicated.…

The Michigan Supreme Court in People v. Roger held that a person can be prosecuted under the motor vehicle code drunk driving statute for operating a snowmobile while intoxicated on the road. The Case Facts The facts of the case aren’t complicated. Defendant Roger was riding a snowmobile down the shoulder of the highway. He…

The case of People of the State of New York v. Vincent Litto is about operating while intoxicated by huffing chemicals. The Defense in this case argued that New York law did not prohibit driving under the influence of a huffing chemical inhalant. The Defense was successful on these grounds, as New York law did…

Yes, an old DUI will show up on a background check. A DUI Cannot be Expunged An expungement is the legal process to remove a conviction from your criminal record. A conviction that is expunged will not show up on a public background check. An expungement can only be applied for after five years following…