If you were pulled over as a driver in Michigan, it is likely that you will have been ordered to perform a Breathalyzer test. Even if you know that a medical condition such as gastroesophageal reflux disease (GERD) could potentially impact the results of breath-alcohol analysis, you have a duty to take the test as a driver and will likely face consequences if you refuse to take the test.
If you were found to have a blood alcohol concentration (BAC) of over .08 percent, you will face a DUI conviction in Michigan. This can result in fines, a ban from driving and even jail time. You do have the opportunity, however, to defend yourself from the charges.
GERD is a common condition across the population, and you may be suffering from the disease even if you have not been formally diagnosed. The condition can mean that alcohol in the stomach can possibly leak into the breath, causing a heightened measurement of BAC using the breath as an indicator from what is accurate. There have been some disputes as to what extent GERD can affect the accuracy of Breathalyzer tests; however, it is possible to include your medical condition as part of your defense.
If you want to defend yourself against a DUI in Michigan, it is important that you take the time to understand the law. By doing so, you will be able to look at the possible defense options applicable to your situation.
We offer a free initial consultation so you will get an opportunity to meet us, and we will have an opportunity to learn more about your legal issue.
Mr. Manzella represents businessman William Weber, who admitted to falsifying an invoice at ex-Macomb prosecutor Eric Smith’s request. He pleaded guilty to misdemeanor charges of conspiracy to commit a legal act in an illegal manner, with felony offenses dismissed during the sentencing.
L’Tonya Marie Payne, a 51-year-old black woman, is facing misdemeanor assault charges following an altercation. The complaining witness, who is white, stated the police would not believe Ms. Payne due to her skin color. Attorney Vince Manzella is working alongside Ms. Payne to fight these allegations, as she was arrested simply on the basis of the witness’s word.
Joseph Wolf, former director of the Detroit Stars, was sentenced to two years of supervised probation. Wolf pleaded guilty to embezzling funds from the nonprofit youth baseball league. Typically, the felony count can result in up to 10 years in prison, a fine of $15,000, and other charges, but Lucido & Manzella, P.C. was able to help the client receive a reduced sentence.
Charles Frontera, a former Roseville city councilman, was sentenced to a year of probation after a misdemeanor charge was dismissed at sentencing. During a pretrial conference, Mr. Frontera pleaded guilty to substance possession, and in doing so, Attorney Manzella was able to protect the client from severe charges.