MAZE LEGAL GROUP LIVONIA LAW OFFICE
If you are charged with a DUI offense in Livonia, Michigan then your case will be heard in the 16th District Court in Livonia. The two current judges of the 16th District Court are the Honorable Kathleen J. McCann and the Honorable Sean P. Kavanagh.
The Maze Legal Group maintains its primary law office location in the City of Livonia on Six Mile Road between Haggerty and I-275 in the Eastern Michigan University building. There are a lot of really great lawyers in the Livonia area, but very few of these lawyers focus on drunk driving defense. The Livonia Police Department has a number of policies that are open to challenge, and these practices have gone widely unchallenged by most of the local firms. These policies are open to challenge in the right case, so do not assume that everything was done correctly in a particular case.
Although Wayne County Prosecutor Kym Worthy and the various assistant prosecuting attorneys working under the elected official have the ability to prosecute drunk driving cases in the Livonia district court, most of the drunk driving cases are handled locally by the City of Livonia Law Department. (Only a few years ago, the state prosecutor's office handled approximately half of the drunk driving cases in the City of Livonia, but this has sharply tapered off with budget cuts to the state.) Whereas most municipal government's subcontract legal services to private law firms, the City of Livonia is one of the few municipal governments to have its own law department. In addition to the local Livonia Police Department, the Wayne County Sheriff and the Michigan State Police occasionally charge drunk driving cases in the 16th District Court.
Thumbnail Sketch of DUI / OWI Penalties You Face in Livonia in the 16th District Court If Convicted
If you plead guilty or if you are found guilty of an alcohol-related offense in Livonia following a trial, you are facing the following penalties. Please note that your driver's license remains valid unless or until you enter a plea or are found guilty, even though the police may have issued you a temporary paper license.
First Time Offender: Super Drunk Over .17 BAC
- Recorded as "misdemeanor" conviction as opposed to felony conviction on criminal record
- Jail up to 180 days
- Probation for up to 2 years with alcohol and drug monitoring
- Fines of $200 to $700, "plus court costs" which totals well over $1,000.00
- One year of alcohol rehabilitation
- 45 days hard suspension, eligible to drive for the balance of the year (320 days) if the offender pays to have a breath alcohol ignition interlock device installed in the vehicle
- Up to 360 hours community service
- Six points on your Michigan driver's license
- $1,000.00 per year for two years "Driver Responsibility Fee" charged by the Secretary of State through the Michigan Department of Treasury
First Time Offender: OWI - Operating While Intoxicated (Same as DUI or DWI)
- Recorded as "misdemeanor" conviction as opposed to felony conviction on criminal record
- Jail up to 93 days
- Probation for up to 2 years with alcohol and drug monitoring
- Fines up to $500, "plus court costs" which totals over $1,000.00
- 30 days hard suspension on Michigan driver's license, eligible to drive for the balance of the six months (150 days) on a restricted basis, i.e. to / from / and in connection with work, court ordered programs, and emergency medical treatment
- Up to 360 hours community service
- Six points on your Michigan driver's license
- $1,000.00 per year for two years "Driver Responsibility Fee" charged by the Secretary of State through the Michigan Department of Treasury
First Time Offender: OWVI - Operating While Impaired
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Recorded as "misdemeanor" conviction as opposed to felony conviction on criminal record
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Jail up to 93 days
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Probation for up to 2 years with alcohol and drug monitoring
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Fines up to $300, "plus court costs" which totals over $1,000.00
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90 days restricted driving on Michigan driver's license, i.e. to / from / and in connection with work, court ordered programs, and emergency medical treatment
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Up to 360 hours community service
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Four points on your Michigan driver's license
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$500.00 per year for two years "Driver Responsibility Fee" charged by the Secretary of State through the Michigan Department of Treasury
A second offense for either OWI or OWVI within seven years of a prior OWI or OWVI results in tougher penalties, greater likelihood of jail, and a lifetime revocation of a person's driver's license. A third offense for any combination of OWI and OWVI charges in a lifetime is a felony OWI 3rd offense, which carries mandatory jail and a possible prison term of up to 5 years.
Drug and Alcohol Testing in the Livonia District Court
If you are arrested and charged with a DUI in the Livonia district court, JAMS testing is regularly ordered as a condition of probation. It may also be ordered as a condition of bond on release. JAMS, LLC stands for "Jail Alternatives for Michigan Services," and it is a private company that performs drug and alcohol monitoring. Their website www.jamstesting.com provides additional information. Increasingly, the 16th District Court probation department is employing urine tests for alcohol known as EtG testing. Whenever you are going to court, whether it is in Livonia or elsewhere, assume that you might be subjected to drug or alcohol testing, and do not attempt to purchase gimmicks claiming to help pass a drug test. Important: When reporting for probation, a mandatory breath test is given on a PBT. Do not arrive to court after consuming alcohol!
16th District Court Sobriety Court Program
The Livonia District Court has instituted a sobriety court program. This intensive program is designed to address substance abuse problems. For repeat drunk driving offenders with alcohol problems, this program has proven remarkably successful, reducing recidivism and helping people. The program combines monitoring with frequent meetings, and a system of punishments and incentives.
If a person is convicted of two drunk driving offenses within seven years, the Secretary of State revokes that person's driving privileges. This revocation is a lifetime revocation, although the person may appeal to the Driver's License Appeal Division after a minimum one year period. Unless the convicted motorist can prove sobriety and other requirements, the revocation remains in full force here in Michigan and outside the state.
Under a pilot project approved by state lawmakers, state-approved Sobriety Court programs can issue a driver's license to a successful participant in the program. The district court judge can essentially circumvent the Secretary of State. This can be accomplished in a remarkably short period of time.
In Livonia, Judge Kavanagh is in charge of the Sobriety Court, and he has been issuing driver's licenses to qualified candidates. Interestingly, the probation department opposes introducing repeat offenders who do not have a serious drinking problem into the program. The probation department has explicitly stated that they do not want repeat offenders entering Sobriety Court primarily to get driving privileges reinstated. (In other words, they hope to only put really bad drunks back on the road for trying hard, while the social drinker caught up in the hornets nest of a second offense should simply serve out his or her year long revocation.) Judge Kavanagh has overruled the probation department's bizarre reasoning, so this option is available for qualified candidates.
The 16th District Court Prosecutors
Please note: We do not recommend that you contact the prosecutors directly! It is always wiser to have your lawyer engage in all communications with the prosecutor because statements that you make can be used against you.
State Prosecutor for Wayne County
Kym L. Worthy (P38875)
Wayne County Prosecutor
1441 Saint Antoine St
Frank Murphy Hall of Justice
Detroit, MI 48226
Phone: (313) 224-5777
Fax: (313) 224-8180
e-Mail: kworthy@co.Wayne.mi.us
Livonia City Prosecutor
Paul A. Bernier (P39119)
Assistant City Attorney
City of Livonia
33000 Civic Center Dr Fl 4
Livonia, MI 48154
Phone: (734) 466-2518
e-Mail: pbernier@ci.livonia.mi.us
Donald L. Knapp, Jr. (P55637)
Fausone Bohn LLP
41700 West 6 Mile Rd Ste 101
Northville, MI 48168
Phone: (248) 380-0000
Fax: (248) 380-3434
e-Mail: dknapp@fb-firm.com
Web: www.fb-firm.com
As you can see, Livonia has a dedicated law department. According to the 16th District Court, however, Don Knapp is the head prosecutor, even though he is employed at Fausone Bohn LLP, a firm that contracts with municipal governments for part-time prosecutorial work. Most of our cases have been handled by Paul Bernier, but Don Knapp handles enough matters prior to trial that he clearly plays a significant role in the City of Livona's prosecution work.
16th District Court Judges
The following opinions are drawn from our experiences and dealings with the judges in the 16th District Court. It's important to understand that these are just opinions, and other lawyers might disagree. Because we routinely challenge drunk driving cases, however, our firm's experience with a particular judge might be different from lawyers who do not take cases to trial. None of the comments here should be viewed as an attempt to discredit a particular judge or reflect poorly upon the judiciary. The Livonia judges generally do not order jail time in DUI cases, particularly on first offenses, but we have handled cases where the probation department has made outrageous recommendations regarding lengthy jail terms. For example, we had one young lady who was underage with a high breath score. She pleaded guilty to a zero tolerance, which carries no jail. The probation department recommended 93 days, even though our client could not be legally incarcerated on the offense! This is not unusual, but given the judges' sentencing practices, it seems that the probation department is not in sync with the Court.
Hon. Sean P. Kavanagh
Judge Sean P. Kavanagh was the city attorney for many years before being elected judge. He was a decent prosecutor for the city and always interesting on the opposite side of the table. When he was elected judge in 2008, it was not clear how he would shift from the role of prosecutor to judge. After a few years on the bench, it is safe to say that Judge Kavanagh maintains his pro-prosecutorial views since taking the bench. He is not totally unfair, but he is more apt to side with the prosecutor. It seems like he has a vested interest in furthering the old policies from his former office, such as enforcing so-called "mutual" discovery orders. We have appealed Judge Kavanagh's decisions and won, but he continues to enforce these legally unenforceable orders.
Hon. Kathleen J. McCann
Judge Kathleen J. McCann of the 16th District Court is generally a good judge because she lets the attorneys make their arguments, but she can be indecisive and could be considered an activist judge. For example, during a trial a few years ago, the prosecutor opposed our expert witness. Judge McCann changed her ruling several times before adjourning the trial to allow the parties to appeal the issue. This defeated the client who had been outspent and could no longer afford the expert witness. We ultimately won the battle but lost the war. As an example of her legal rulings, on a recent case she simply refused to follow the law, opting to maintain her decision which was clearly based entirely on her emotional reaction to the case. On evidentiary issues, we have had mixed result with Judge McCann, celebrating some victories along the way, but always inconsistently. At sentencing, Judge McCann has been a decent judge usually refraining from a jail sentence, but with the local court's probation department recommending outrageous sentences, this is a bit unpredictable.
16th District Court Map
The court is located at 32765 Five Mile Rd. Livonia, MI 48154. The 16th District Court is located on Five Mile Road east of Farmington Road and west of Merriman Road, next to the Livonia Public Library. Farmington Road has an exit ramp off of I-96, and it is a short trip north up Farmington Road to the courthouse which sits back along a Livonia municipal roadway that can be accessed off Farmington just north of the fire department. The court's telephone number is (734) 466-2500.