What to Expect at 53rd District Court for Livingston County DUI Cases

​If you're facing drunk driving charges in Livingston County's 53rd District Court, with Judge Bain, Magistrate Sherwood, or Judge Murphy presiding over your case, it's important to understand the elements that the prosecutor must prove to obtain a conviction.

In Michigan, the prosecutor must show that you were operating a motor vehicle while under the influence of alcohol or drugs. "Operating" a vehicle can mean more than just driving it down the road; even starting the engine, shifting gears, or grabbing the steering wheel as a passenger can qualify as operating the vehicle.

The prosecutor can use circumstantial evidence to support a charge of drunk driving, even if there is no direct testimony that you were driving. For example, if you were the only person found in or near the car, and you own and insure the car, the prosecutor may argue that it's unlikely that someone else was driving. However, the prosecutor still must prove that you were under the influence at the time you were operating the vehicle.

If the prosecutor has no direct evidence of you driving the car, it is a viable defense to the charges. The burden is on the prosecutor to prove beyond a reasonable doubt that you were operating the vehicle while under the influence. Your attorney can use this lack of evidence to your advantage and challenge the prosecutor's case.

It's important to remember that you should not assist in your own prosecution by admitting to driving the car if there is no direct evidence. This question is usually asked by the police officer when they have not personally pulled you over, or they have another eyewitness to your driving. It's best to let the prosecutor and police earn their paycheck and not provide them with any additional evidence to use against you.

If you are facing drunk driving charges in Livingston County's 53rd District Court, with Judge Bain, Magistrate Sherwood, or Judge Murphy presiding over your case, it's crucial to have an experienced criminal defense attorney on your side. They can help you understand the charges against you and build a strong defense to protect your rights and interests. Don't hesitate to contact a skilled attorney today to discuss your case and explore your legal options.