Charged with DUI St. Clair County - 72nd District Court - Port Huron - Lapeer - Clay Township - Marysville

Arrested for Drunk Driving in St. Clair County

​Navigating DUI Cases in the 72nd District Court: A Comprehensive Overview

​The 72nd District Court, encompassing areas such as Port Huron, Lapeer, Clay Township, Marine City, and Marysville, is a nexus of justice in St. Clair County. Presided over by a team of esteemed judges — Honorable John D. Monaghan, Honorable Mona S. Armstrong, Honorable Michael L. West, and Honorable Michael L. Hulewicz — the court stands firm in its mission to serve justice consistently and impartially.

With its broad jurisdiction, the 72nd District Court inevitably becomes the venue for a multitude of Driving Under the Influence (DUI) cases. Each city and township brings its own unique flavor, yet the commitment to upholding the law remains consistent across all jurisdictions.

Pre-Arraignment vs. Post-Arraignment
When undertaking representation of a client facing DUI charges in the 72nd District Court, the initial point of distinction is whether they are pre-arraignment or post-arraignment. This distinction drives the subsequent defense strategy.

For clients yet to be arraigned, a proactive approach yields significant benefits. By voluntarily instituting bond conditions, we not only anticipate court expectations but also demonstrate a commitment to adhering to the rule of law. Conversely, for those already arraigned, the strategy shifts to strict compliance with the set bond conditions, typically augmented by additional proactive steps.

Bond Considerations
Michigan law dictates that in DUI cases, determining bond must involve an evaluation of the defendant's risk of fleeing and the potential threat they might pose to public safety. In the cities and townships under the jurisdiction of the 72nd District Court, while DUI defendants are generally not deemed flight risks, the potential for them to consume alcohol or drugs while out on bond is a significant concern.

To mitigate this, the court frequently stipulates bond conditions mandating abstinence from alcohol or drugs. Regular monitoring is instituted to ensure adherence. Recognizing the minimal flight risk, most defendants are either granted a personal bond or a reasonable 10% provision on a higher bond amount.

Judges of the 72nd District Court, when assessing the bond, factor in:

The defendant’s criminal history, including juvenile offenses.
Record of court appearances or instances of avoiding prosecution.
The defendant's history with substance abuse or addiction.
Mental health status, character, and perceived dangerousness.
Seriousness of the current charge, associated threats, and the likelihood of conviction and subsequent sentencing.
Employment and financial standing, vis-a-vis the capacity to post bail.
Availability of responsible community members willing to vouch for or supervise the defendant.
Ties to the community, considering relationships, family connections, and duration of residence.
Any other factors pertinent to risk of nonappearance or potential hazard to the public.
Alcohol Testing in the 72nd District Court
A commonality across jurisdictions is the frequent bond condition of alcohol testing for DUI cases. Clients who voluntarily undergo alcohol testing, even before it's mandated by the court, invariably convey their commitment to sobriety. Such gestures don't go unnoticed and can significantly influence the court's perception. To this end, we guide our clients to choose the most appropriate testing method, balancing court requirements with minimal disruption to their daily lives.

Alternative testing mechanisms are available for clients desiring to bypass standard court-ordered testing, especially beneficial for professionals. These alternatives include preliminary breath tests (PBTs), transdermal alcohol tethers, in-home breathalyzers, ignition interlock devices, and EtG or EtS alcohol testing.

Conclusion
The 72nd District Court, with its sprawling jurisdiction over Port Huron, Lapeer, Clay Township, Marine City, and Marysville, stands as a beacon of justice in St. Clair County. With a team of esteemed judges at the helm, navigating DUI cases demands a thorough understanding of the court’s nuances, a proactive approach, and an unwavering dedication to upholding the law.