Drunk Driving Charges in Plymouth Michigan
Quick Facts about the 35th District Court in Plymouth, Michigan, Wayne County District Court
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If you are charged with operating while intoxicated in the 35th District Court . . .
If you are charged with a DUI offense in the City of Plymouth, Canton Township, Plymouth Township, the City of Northville, or Northville Township, then your case will be heard in the 35th District Court in Plymouth, Michigan. The three current judges of the 35th District Court are the Honorable James A. Plakas, the Honorable Ronald W. Lowe, and the Honorable Michael J. Gerou.
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 Plymouth district court, most DUI cases in the 35th District Court are prosecuted by local jurisdictions using private attorneys who work under a contract with the city or township. In addition to the local jurisdictions, the Wayne County Sheriff and the Michigan State Police occasionally bring drunk driving charges in the Plymouth District Court. When the case involves a Wayne County Sheriff's deputy or a Michigan State Trooper, these cases are handled primarily (although not exclusively) by the Wayne county prosecutor's office.
Michigan DUI Penalties
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
A second offense for either super drunk, 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.
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
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.
First Time Offender: OWVI - Operating While Impaired
- 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 $300, "plus court costs" which totals over $1,000.00
- 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
- Up to 360 hours community service
- Four points on your Michigan driver's license
- $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 Plymouth District Court
If you are convicted of a DUI in the Plymouth district court, you may be subject to random chemical testing, including breath tests, transdermal monitoring (SCRAM tether), and urine tests. Increasingly, probation departments across Michigan are employing urine tests for alcohol known as EtG testing. The EtG test is a urine test that claims to detect biomarkers that result from the consumption of alcohol. Supposedly, these tests detect alcohol consumption for upwards of several weeks. If you have a positive EtG test but have not consumed alcohol, do not offer suggestions or defenses. Whenever you are going to court, whether it is in Plymouth 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, you will likely be given a breath test on a PBT. Do not arrive to court for a probation appointment after consuming alcohol!
35th District Court Sobriety Court Program
The Plymouth District Court has a Sobriety Court program at this time.
Click to see the brochure
. Judge Ronald W. Lowe oversaw the implementation of this program, which is now overseen by Judge Michael Gerou. A person in Sobriety Court is required to submit to more
frequent drug and alcohol tests and participate in regular support meetings. The 35th District Court Sobriety
Court Program is a non-grant funded self
sustaining program that utilizes a multifaceted
approach, which consists of intensive
supervision by a Sobriety Court Probation
Officer, mandatory treatment, random
testing, community service, and frequent
appearances before a District Court Judge.
Sanctions are imposed for non-compliance.
Participants must voluntarily agree to enter
the program. The treatment consists of
individual and/or group counseling, regular
attendance at 12 Step meetings and assistance
with education, life skills, parenting and/or
employment concerns. The length of the
program is determined by each participant's
progress through the four paths. The Sobriety Court Program also
provides more frequent drug/alcohol testing
and monitoring during the program than other
forms of community supervision.
Important:
A Michigan driver who is convicted of two alcohol-related offenses within 7
years faces mandatory lifetime revocation with no driving privileges, i.e. no
restrictions, no breath interlock device, and no ability to get to and from
work. Michigan's Secretary of State places a nationwide hold on revoked
motorists, so moving to another state does not help. Under the Sobriety Court project
approved by lawmakers, certain Sobriety Court judges are permitted to overrule
the Secretary of State's revocation procedures after a minimum 45 day suspension, granting a restricted driver's
license to the Sobriety Court candidate.
Prosecuting Attorneys in the 35th District Court
There are five different jurisdictions in the 35th District Court, so figuring out who is handling a case can be a little daunting. Here is a list of the current prosecutors in the 35th District Court. Please note: Do not contact the prosecutor directly. It is always a better idea to have your lawyer engage in all communications with the prosecutor.
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
Eric Sterbis (P69689)
Assistant Prosecuting Attorney
Wayne County Prosecutor's Office
25637 Michigan Ave Fl 2
Dearborn Heights, MI 48125
Phone: (313) 791-9841
Fax: (313) 791-9800
City of Plymouth Prosecutor
Cameron A. Miller (P42279)
Miller & Bartnicki PC
134 N Main St
Plymouth, MI 48170
Phone: (734) 455-1230
Fax: (734) 453-1413
e-Mail: cmiller@millerandbartnicki.com
Canton Township and Plymouth Township Prosecutor
Ronald E. Witthoff (P23040)
Hemming Polaczyk Cronin Witthoff Bennett & Demopoulos PC
217 Ann Arbor Rd W Ste 302
Plymouth, MI 48170
Phone: (734) 453-7877
Fax: (734) 453-1108
e-Mail: rwitthoff@hpcswb.com
City of Northville Prosecutor
Robert A. Marzano (P51154)
Plunkett Cooney
38505 Woodward Ave Ste 2000
Bloomfield Hills, MI 48304
Phone: (248) 594-6357
Fax: (248) 901-4040
e-Mail: rmarzano@plunkettcooney.com
Northville Township Prosecutor
Gregory D. Demopoulos (P41622)
Hemming Polaczyk Cronin Witthoff Bennett & Demopoulos PC
217 Ann Arbor Rd W Ste 302
Plymouth, MI 48170-2245
Phone: (734) 453-7877
Fax: (734) 453-1108
e-Mail: gdemopesq@aol.com
35th District Court Judges
The following opinions are drawn from my experiences and dealings with the Plymouth judges in the 35th District Court. It's important to understand that these are just my opinions, and other lawyers might disagree. Because I routinely challenge drunk driving cases, however, my experience with a particular judge might be different from another lawyer, especially when that attorney does 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 Plymouth judges generally do not order jail time in DUI cases, and I generally enjoy cases in this jurisdiction. With that in mind, however, there are serious ramifications to a DUI conviction, so you should treat this case very seriously.
Hon. Ronald W. Lowe
Judge Lowe is an excellent judge who could be best described as slightly pro-defense. This is not to suggest that he holds any prejudice against the police or prosecution, because he clearly does not. To the contrary, on evidentiary issues, he will try to construe the evidence in a manner that is favorable to the police and prosecution, and I have disagreed with him on many occasions. He is an intelligent judge, and he will have his staff research issues that might be unique. Like many smart judges, he could easily justify a results-oriented decision if he wanted to reach a certain decision, but he does not do that. Judge Lowe is willing to make the difficult decisions that go against the prosecution whenever it is justified. If a case merits dismissal, a client can be reasonably sure that Judge Lowe will grant it. If evidence should be suppressed, Judge Lowe will (usually) suppress it. At trial, he is usually a great judge, but he will occasionally allow his demeanor to reveal his feelings on the case before a jury. In other words, it is important not to make him angry during trial. Nonetheless, at the end of the day, Judge Lowe is a great judge for a DUI case as well as a DUI jury or (possibly) a bench trial.
Hon. Michael J. Gerou
Judge Gerou is an excellent judge. I really cannot speak more highly of this judge, despite the fact that he appears to be very conservative and slightly pro-prosecution. I have had many drunk driving cases before him, and he is one of my favorite judges in Wayne County. I regularly appear before Judge Gerou. He allows challenges to be raised against the prosecution's evidence, and he is fair and unbiased, despite his conservative bent. He will grant a defense lawyer's motion if he feels that it is merited. He tends to accept a police officer's testimony at face value. At trial, Judge Gerou typically does not interfere with the trial process, keeping comments from the bench to a minimum and showing no bias or prejudice. Judge Gerou is also consistent. Even on a "bad day" it appears that he does not waiver from his unbiased approach to handling cases. On sentencing matters, Judge Gerou is pretty predicable. Most offenders are given every chance to avoid jail, so long as they follow the court's orders. Judge Gerou is one of several Wayne/Oakland County judges who have qualified me as an expert witness in field sobriety tests, and he permitted me to testify before a jury after being qualified. The defense attorney who hired me obtained a not guilty verdict based, in part, upon my testimony.
Hon. James A. Plakas
Judge James A. Plakas was elected as judge in 2008. The intervening years seem to have flown past in the blink of an eye. Prior to being elected, he was a Westland City prosecutor, and I went up against him on many cases. He was also a part-time criminal defense lawyer and handled civil cases while in private practice. He is the sort of judge who holds a lot of promise, but he has proven to be too pro-prosecution. He is a genuinely really nice guy on a personal level, so this is disappointing given his diverse background prior to taking the bench. A person appearing before him can rest assured that he will not treat them poorly, and on sentencing matters he is likely to give the defendant an opportunity to avoid jail on a first offense. At trial, given his own experience, he is an excellent judge, but I do not like to argue motions before Judge Plakas. On legal issues and evidentiary issues, he needs to become more willing to rule against the police and the prosecution when they are wrong, but he is a decent judge at jury trial.
Directions to the 35th District Court
The 35th District Court is located at 660 Plymouth Rd., Plymouth, MI 48170. It is at an odd location away from the freeway, where Haggerty Road splits and jogs momentarily at Plymouth Road. The easiest way to access the court is to take the Ann Arbor Road exit off of I-275, traveling west on Ann Arbor Road and then north on Haggerty across Ann Arbor Trail and Hines Drive. This route avoids any possible trains from the north. Alternatively, from the north, you can get off I-275 at Six Mile Road, going south on Haggerty to Plymouth Road. From the east, along I-96, get off at Newburgh Road, travel south on Newburgh to Plymouth Road and make a right and drive west until you reach the second leg of Haggerty Road. The court's telephone number is (734) 459-4740.
The 35th District Court normally runs on time for attorneys, but the docket is always extremely busy. Although the courthouse maintains a huge parking lot, it is often times filled beyond capacity on busy mornings. Lawyers who want to schedule multiple cases in a morning will frequently hit the 35th District Court early, but the judges also permit lawyers to appear later in the morning. Unrepresented defendants who appear "in pro per" will be forced to wait while attorneys conduct their business with the prosecutors. Cell phones and electronic devices are allowed for attorneys only, with the prohibition against cell phones being strictly enforced. This makes attorney-client communication difficult for lawyers who text and call clients on cell phones on busy mornings.
If You Are Searching for Qualified Plymouth DUI Lawyers . . .
If you are currently charged with drunk driving in Plymouth, Michigan, and seeking the most experienced Plymouth DUI lawyer to represent you in the 35th District Court, please send us a message or call our office at (888) 941-1122 or locally at (734) 591-0100.
William Maze can provide you with the highest quality representation in your Plymouth drunk driving case. Mr. Maze is an award-winning attorney and one of Michigan's leading drunk driving defense lawyers. He is certified in standardized field sobriety tests and teaches other lawyers how to defend DUI cases. He has been trained on the BAC Datamaster breath testing device at National Patent Analytical Systems and owns two Datamaster devices as well as PBTs. He has received toxicology training in blood and urine testing, and he has attended hundreds of hours of specialized training in DUI defense across the county.
William has handled many Plymouth DUI cases and routinely appears before the judges of the 35th District Court, successfully representing clients through motions and jury trials that have resulted in favorable rulings. If you want to know more about William's nearly 20 years of experience fighting drunk driving cases or what you might expect as a result in your case, call our office and schedule an appointment with Mr. Maze.
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