SAMPLE CASES HANDLED BY
JULES N. FIANI, ESQ.

Township of Meridian v M.A.A., 55th Judicial District Court, Mason, Michigan -

OUIL/UBAL 1st Offense. The client was stopped for failing to use a turn signal and turning with a wide radius, crossing the yellow dividing line. The police officer made contact with the driver and noted a strong odor of intoxicants and watery eyes. The driver admitted to leaving a bar, having consumed alcoholic beverages.

The driver was ordered out of the vehicle and asked to perform sobriety tests and was ultimately arrested for OUIL/UBAL 1st Offense. Her breath test results were .11 and .12. I engaged in plea negotiations with the prosecuting attorney and ultimately persuaded the prosecutor to reduce the charge to a non-alcoholic related charge of reckless driving. This client was an executive and senior director of a major health-care management company who resided in Phoenix, Arizona, and was appropriately apprehensive that an alcohol-related conviction would have a detrimental effect on her employment.

Township of Meridian v A.T.G., 55th Judicial District Court, Mason, Michigan -

OUIL/UBAL 1st Offense. The client was stopped because the client's motor vehicle tires were on the center lane marker, turning abruptly/illegally, stopping inappropriately, and failure to use his turn signal.

The driver was ordered out of the vehicle and asked to perform sobriety tests and was ultimately arrested for OUIL/UBAL 1st Offense. His breath test results were .14 and .14. I engaged in plea negotiations with the prosecuting attorney and ultimately persuaded the prosecutor to reduce the charge to a non-alcoholic related charge of reckless driving.

The client was an engineering student and was appropriately apprehensive that an alcohol-related conviction might have a detrimental effect on his future employment prospects and he was about to leave the State of Michigan and go to the State of Massachusetts.

People of the State of Michigan v R.F.G., 80th Judicial District Court, Harrison, Michigan -

OUIL/UBAL 3rd Offense, Resisting and Obstructing a Police Officer, and Habitual Offender, 2nd Offense. The client was stopped for operating an unregistered snowmobile, failure to obtain a trail permit, and failure to obtain registration after transfer. While speaking to the driver, the officer noticed that the driver's words were slurred and the officer could detect a strong odor of intoxicants coming from the driver. The driver admitted that he had been drinking.

The driver was ordered out of the vehicle and asked to perform sobriety tests and was ultimately arrested for OUIL/UBAL 3rd Offense. His breath test results were .12 and .12. I engaged in plea negotiations with the prosecuting attorney and ultimately persuaded the prosecutor to reduce the charge to OUIL/UBAL 2nd Offense (Misdemeanor), with the dismissal of the original charges. He was sentenced to 24-months probation, electronic tethering, and no jail time.

People of the State of Michigan v S.A.H., 45th-B Judicial District Court, Oak Park, Michigan -

OUIL/UBAL 3rd Offense, Driving While License Suspended, 2nd Offense. The client was stopped for having no headlights on. Client refused breath tests.

I engaged in plea negotiations with the prosecuting attorney and ultimately persuaded the prosecutor to reduce the charge to a 2-point Civil Infraction of Speeding.

People of the State of Michigan v A.J.M., 88-2 Judicial District Court, Atlanta, Michigan -

OUIL/UBAL 1st Offense, and Transporting Open Intoxicants in a Motor Vehicle. The client was stopped for improper passing and speeding. While speaking with the driver, the officer could detect a strong odor of intoxicants coming from the driver.

The driver was ordered out of the vehicle and asked to perform sobriety tests and was ultimately arrested for OUIL/UBAL. His breath test results were .17 and .17. I engaged in plea negotiations with the prosecuting attorney and ultimately persuaded the prosecutor to reduce the charge to a non-alcoholic related charge of reckless driving.

People of the City of Westland v F.J.M., 18th Judicial District Court, Westland, Michigan -

OUIL/UBAL 2nd Offense. The client was stopped for violation of the local Westland city ordinance for playing music too loud in an automobile. The police officer could detect a strong odor of intoxicants coming from the driver.

The driver was ordered out of the vehicle and asked to perform sobriety tests and was ultimately arrested for OUIL/UBAL. His breath test results were .12 and .13. I engaged in plea negotiations with the prosecuting attorney and ultimately persuaded the prosecutor to reduce the charge to a non-alcoholic related charge of a civil infraction of careless driving.

People of the State of Michigan v A.J.M., 2-A Judicial District Court, Adrian, Michigan -

OUIL/UBAL - 3rd Offense (Felony). The client was initially pulled over for improper passing. While speaking to the driver, the officer noticed that the driver's words were slurred and the officer could detect a strong odor of intoxicants coming from the driver.

The driver was ordered out of the vehicle and asked to perform sobriety tests and was ultimately arrested for OUIL/UBAL. His breath test results were .18 and .17. I engaged in plea negotiations with the prosecuting attorney and ultimately persuaded the prosecutor to reduce the charge to operating while visibly impaired (OWI) 2nd Offense, which is a misdemeanor. The client received 2-years probation, fines and costs, community service, and 20 days work release.

People of the City of Ypsilanti v D.G.W., 14A-2 Judicial District Court, Ypsilanti, Michigan - OUIL/UBAL- 1st Offense. Disposition: Civil Infraction of Careless Driving.

People of the State of Michigan v L.W., 14A-2 Judicial District Court, Ypsilanti, Michigan - OUIL/UBAL - 1st Offense. Disposition: Civil Infraction of Having Drove Wrong Way on One-Way Street.

People of the Township of Spring Arbor v M.A.T., 12th Judicial District Court, Jackson, Michigan - OUIL/UBAL- 1st Offense. Disposition: Civil Infraction of Careless Driving.

People of the City of Howell v W.J.C., 53rd Judicial District Court, Howell, Michigan - OUIL/UBAL- 1st Offense. Disposition: Civil Infraction of Careless Driving.

People of the City of Farmington Hills v H.E.C., 47th Judicial District Court, Farmington Hills, Michigan - OUIL/UBAL- 1st Offense. Disposition: Civil Infraction of Careless Driving.

REPORTED APPELLATE CASES

People of the State of Michigan v Anthony Paul Paonessa. Michigan Court of Appeals Docket No. 193023. Case decided March 7, 1997. Jules N. Fiani, attorney for Defendant.

Defendant was charged as an Habitual Offender, 4th Offense, Resisting and Obstructing a Police Officer, Possession of Marijuana, and Transporting Alcohol in an Open Container in a Motor Vehicle. Following a Preliminary Examination, Defendant was bound over for Trial by the District Court. However, before Trial, attorney for Defendant filed Motions in the Circuit Court to dismiss all of the above charges against the Defendant. Following a hearing on the Motion, the Circuit Court found that the District Court abused its discretion in binding the Defendant over for Trial and ordered that all of the above charges be dismissed. The Prosecution appealed. The Michigan Court of Appeals denied the Prosecution's appeal and all charges against the Defendant were dismissed.

People of the State of Michigan v John Edward Collopy. 180 Michigan Appeal 31, decided by the Michigan Court of Appeals on September 5, 1989, and released for publication October 26, 1989. Jules N. Fiani, attorney for Defendant.

Defendant filed a Motion to dismiss charges of operating a motor vehicle while under the influence of intoxicating liquor, operating a motor vehicle while having a blood alcohol content of .10% or more by weight, operating a motor vehicle while operator's license was suspended or revoked, and operating a motor vehicle while his ability to do so was visibly impaired due to the consumption of intoxicating liquor. The Livingston County District Court denied Defendant's Motion and Defendant, through his attorney, appealed. The Livingston County Circuit Court affirmed the Trial Court and Defendant, through his attorney, appealed to the Michigan Court of Appeals. Subsequent to Defendant's appeal to the Michigan Court of Appeals, the Michigan Court of Appeals held that the police officers' failure to comply with administrative rules concerning the administration of breathalyzer tests precluded the admission of the test results into evidence against the Defendant at the time of Trial. The Livingston County Circuit Court's and District Court's Decisions were reversed by the Michigan Court of Appeals. The Michigan Court of Appeals Decision and Opinion was a landmark case of First Impression in the State of Michigan.

People of the State of Michigan v Henry Francis Walters. Michigan Supreme Court Docket No. 65097. Case decided May 20, 1980. Jules N. Fiani, attorney for Defendant. This case involved an appeal to the Michigan State Supreme Court from the Denial of Bail Bond.

The Michigan Supreme Court ordered the Livingston County Circuit Court to release the Defendant on bond pending appeal or set forth on the record its reasons for denying bail and the facts relied on in reaching that decision. Based on the Michigan Supreme Court Decision, the Lower Court released the Defendant on bond pending appeal.

People of the State of Michigan v David R. Wilson. 97 Michigan Appeal 579, decided by the Michigan Court of Appeals on May 20, 1980, and released for publication September 24, 1980. Jules N. Fiani, attorney for Defendant.

The Defendant appealed from an Order of the Livingston County Circuit Court imposing a jail term as a condition of probation after the Court had granted the Defendant the status of Youthful Trainee. The Michigan Court of Appeals held that the Trial Court exceeded its statutory authority by imposing a jail term as a condition of probation after it had granted the Defendant Youthful Trainee status. The Trial Court's imposition of a jail term as a condition of probation was reversed by the Michigan Court of Appeals in a landmark case of First Impression in the State of Michigan.