Michigan DUI Playbook | Attorney Jonathan Paul
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dui attorney michigan arrest

DUI Michigan - The New Rules Approach

3/12/2021

 
If charged with a DUI in Michigan, how can we apply the New Rules of Criminal Defense? 

Every drunk driving case in Michigan is different, and we need to consider the unique court, judge, the facts of the case and the charges.  There are many variables that go into the right approach, but it all starts with a core strategy; it means deliberately choosing a different set of activities to deliver a unique mix of value.  My clients adopt a logical and consistent set of choices that generate and sustain long term competitive advantage in a Michigan DUI case. My clients are competing for the limited attention span of a judge, prosecutor, and probation department; to be more than just a name and a charge.  

We must take a growth mindset for a DUI case; to take a fixed mindset would mean to focus only on what has already happened, which we cannot change.  This doesn't mean what happened is true or cannot be contested, but when a case happens, there is no venue to simply tell a prosecutor or judge, X, Y and Z didn't happen; that requires litigation such as filing a motion or a setting a case for a trial; those are options down the road, but to begin a case, those are the facts we have, so we ignore them.

We focus on what we can control and that is to get out of the box.  This means to view the situation from outside your own point of view, to value what drunk driving means in Michigan; the public perception and the laws in place.  To get out of the box is to put yourself in the shoes of the audience looking down at your case and to see if from their eyes.  Sure it really sucks to get a drunk driving in Michigan; you worry a lot of bad things are going to happen to you, but this case isn't about you, it's about your action and impact to the community; it's about how you would view a drunk driver if it happened to someone you didn't know or care about in the world.  Outside of your shareholder list, nobody is supporting you or rooting for a good outcome.

The stakeholders will not give you the benefit of the doubt, and the culture stinks in your case.  We need to change that culture and that begins with putting what happened behind us and creating core values for complex change.  We need a case for change, a vision, the skills, the right incentives, the resources and the action plan.  

To get ourselves organized and to focus on both the past, present and future, we create a DUI client balance sheet, which adopts the time value of money and the client value chain.  Doing things in the present for a drunk driving case have more value than doing things in the future when ordered by the court.  A DUI case of any case I handle has the most opportunity to act now rather than later; this could mean flexibility to travel, get your kids to school, get to and from work and to avoid time consuming tasks during bond; if you want your freedom during a DUI, adopt the time value of money.

The client value chain will supply our asset column.  The liabilities are the case before us; the worst version of it, and the equity will ask "what's in your pocket?"; if you're a 45 year old with no prior history, then you 45 years of credit; if you're a hard working nurse, a great parent and already active with a non-profit, those are points for you.  If you're struggling to find work, you have a criminal record, or you're very young, we have less equity and simply need to create more assets; every case is different with a unique approach.  The key is to make everything measurable and compatible so we can focus on the 3 R's.

We need to begin with the reset, move to the rebrand, and hopefully reap the rewards at the conclusion of your case, and thereafter once the case is over.  ​

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    • Felony DUI Third Offense
    • DUI Videos
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    • Can the prosecutor prove I was driving?
    • What are my bond conditions?
    • Out of State License
    • Surviving the Implied Consent Law
    • CDL Concerns
    • Field Sobriety / PBT
    • How to beat the blood draw
    • How to beat the Datamaster
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