As a criminal defense attorney, I often represent clients who have been charged with drunk driving. Recently, I had a client named Thomas who was charged with a DUI in Ann Arbor's 15th district court, and I wanted to share his experience with you to help you understand how bond is set in such cases. When Thomas came to me, he was understandably nervous and anxious about his situation. He had been arrested for drunk driving and had a court date set in front of Judge Valvo and Perry. He was unsure of what would happen to him and was worried about his future. As part of my initial consultation with Thomas, I explained to him the factors that the judge would consider when setting his bond. These factors include his prior criminal record, his record of appearing in court, his history of substance abuse, the seriousness of the offense charged, his employment status, his ties to the community, and any other facts that might be relevant to the risk of nonappearance or danger to the public. Based on Thomas's circumstances, I advised him that the most common and routine bond condition in drunk driving cases is alcohol testing. Testing is usually ordered to ensure sobriety and to monitor the defendant's abstinence from drugs and alcohol while out on bond. Thomas had not been arraigned yet, so I advised him to take proactive measures by engaging in his own alcohol testing to make a good impression on the court. I explained that this would show the key players in the case that he is taking his charges seriously and that he is committed to being sober. Thomas agreed to follow my advice, and we discussed various alcohol testing methods that he could use. The most common and least expensive method used to ensure sobriety is the preliminary breath test (PBT). The judge may order the test to be performed daily or a random number of times per week. We discussed that it was likely that Thomas would be required to appear before 9:00 a.m. to submit to a test and possibly for an evening test as well. Daily testing is often required if the defendant is charged with a second or subsequent offense or if there are other indicia of a substance abuse disorder. However, I also informed Thomas that there are other alcohol testing methods that he could use, such as transdermal alcohol tethers, in-home breathalyzers, ignition interlock devices, and EtG or EtS alcohol testing. We discussed the benefits and drawbacks of each method, and ultimately Thomas decided to go with the PBT testing. In conclusion, when Thomas appeared in front of Judge Valvo and Perry, his proactive alcohol testing helped him to receive a favorable bond condition. The judge ordered him to refrain from the use of drugs or alcohol and to submit to daily PBT testing. With my guidance, Thomas was able to take proactive measures to show the court that he was taking his charges seriously and committed to being sober while out on bond. While the case is ongoing, Thomas's proactive approach to his bond condition has helped to alleviate the judge's concerns about public safety and has put him in a better position as the case progresses. Thomas has reset his case and is off to a good start in tackling upcoming challenges. Comments are closed.
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