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GRAND RAPIDS DUI ATTORNEY - MIRANDA WARNINGS

The Grand Rapids DUI attorneys at Krupp law Offices PC can answer your questions about DUI charges and defenses.  When you are facing serious criminal charges such as drunk driving in the Grand Rapids area, it is important to have the representation of a good DUI defense lawyer. Krupp Law Offices P.C.has been providing quality drunk driving defense for over 85 years. If you are facing drunk driving charges or are being investigated for drunk driving, call the Grand Rapids drunk driving defense attorneys at Krupp Law Offices P.C. for a free phone consultation. During your phone consultation, our attorneys will provide you with immediate answers to your questions and schedule an appointment with one of our criminal defense attorneys.

CALL FOR A FREE PHONE CONSULTATION AT 616-459-6636

MIRANDA WARNINGS - Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966)

There are two elements required for Miranda Warnings to apply.  First, the Defendant must be in custody (not free to leave).  Second, there must be interrogation (asking questions).  In a DUI case, Miranda Warnings are very important.  Often times individuals make statements to the police that incriminate them.  It usually starts when an individual is initially stopped.  An officer will ask - "Have you been drinking tonight?" or "How much have you drank tonight? or "Were you driving your car?".  Additionally, the officers ask you to do field sobriety tests that are not tests (you cannot pass).  These tests are designed to gather evidence against you for a trial.
 
The federal and state constitutions provide that no person can be compelled to be a witness against himself in a criminal trial. Miranda warnings are required when a person is interrogated by police while in custody or otherwise deprived of freedom of action in any significant manner. People v. Roark, 214 Mich.App. 421, 543 N.W.2d 23 (1995). To determine whether a defendant was “in custody” at the time of the interrogation, we look at the totality of the circumstances, with the key question being whether the defendant *383 reasonably believed that he was not free to leave.
 
Any interview of one suspected of a crime by a police officer will have coercive aspects to it, simply by virtue of the fact that the police officer is part of a law enforcement system which may ultimately cause the suspect to be charged with a crime. But police officers are not required to administer Miranda warnings to everyone whom they question.*384 Nor is the requirement of warnings to be imposed simply because the questioning takes place in the station house, or because the questioned person is one whom the police suspect. Miranda warnings are required only where there has been such a restriction on a person's freedom as to render him “in custody.” It was that sort of coercive environment to which Miranda by its terms was made applicable, and to which it is limited.

The Supreme Court’s decision in Miranda v. Arizona addressed four different cases involving custodial interrogations.  In each of these cases, the defendant was questioned by police officers, detectives, or a prosecuting attorney in a room in which he was cut off from the outside world.  In none of these cases was the defendant given a full and effective warning of his rights at the outset of the interrogation process.  In all the cases, the questioning elicited oral admissions and, in three of them, signed statements that were admitted at trial.

  • Miranda v. Arizona:  Miranda was arrested at his home and taken in custody to a police station where he was identified by the complaining witness.  He was then interrogated by two police officers for two hours, which resulted in a signed, written confession.  At trial, the oral and written confessions were presented to the jury.  Miranda was found guilty of kidnapping and rape and was sentenced to 20-30 years imprisonment on each count.  On appeal, the Supreme Court of Arizona held that Miranda’s constitutional rights were not violated in obtaining the confession.
  • Vignera v. New York:  Vignera was picked up by New York police in connection with the robbery of a dress shop that had occurred three days prior.  He was first taken to the 17th  Detective Squad headquarters. He was then taken to the 66th  Detective Squad, where he orally admitted the robbery and was placed under formal arrest.  He was then taken to the 70th  Precinct for detention, where he was questioned by an assistant district attorney in the presence of a hearing reporter who transcribed the questions and answers.  At trial, the oral confession and the transcript were presented to the jury.  Vignera was found guilty of first degree robbery and sentenced to 30-60 years imprisonment.  The conviction was affirmed without opinion by the Appellate Division and the Court of Appeals.
  • Westover v. United States:  Westover was arrested by local police in Kansas City as a suspect in two Kansas City robberies and taken to a local police station.  A report was also received from the FBI that Westover was wanted on a felony charge in California.  Westover was interrogated the night of the arrest and the next morning by local police.  Then, FBI agents continued the interrogation at the station.  After two-and-a-half hours of interrogation by the FBI, Westover signed separate confessions, which had been prepared by one of the agents during the interrogation, to each of the two robberies in California.  These statements were introduced at trial.  Westover was convicted of the California robberies and sentenced to 15 years’ imprisonment on each count.  The conviction was affirmed by the Court of Appeals for the Ninth Circuit.
  • California v. Stewart: In the course of investigating a series of purse-snatch robberies in which one of the victims died of injuries inflicted by her assailant, Stewart was identified as the endorser of checks stolen in one of the robberies.  Steward was arrested at his home.  Police also arrested Stewart’s wife and three other people who were visiting him.  Stewart was placed in a cell, and, over the next five days, was interrogated on nine different occasions.  During the ninth interrogation session, Stewart stated that he had robbed the deceased, but had not meant to hurt her.  At that time, police released the four other people arrested with Stewart because there was no evidence to connect any of them with the crime.  At trial, Stewart’s statements were introduced.  Stewart was convicted of robbery and first-degree murder and sentenced to death.  The Supreme Court of California reversed, holding that Stewart should have been advised of his right to remain silent and his right to counsel.   

Issues:

Whether “statements obtained from an individual who is subjected to custodial police interrogation” are admissible against him in a criminal trial and whether “procedures which assure that the individual is accorded his privilege under the Fifth Amendment to the Constitution not to be compelled to incriminate himself” are necessary.

Supreme Court holding:

The Court held that “there can be no doubt that the Fifth Amendment privilege is available outside of criminal court proceedings and serves to protect persons in all settings in which their freedom of action is curtailed in any significant way from being compelled to incriminate themselves.”  As such, “the prosecution may not use statements, whether exculpatory or inculpatory, stemming from custodial interrogation of the defendant unless it demonstrates the use of procedural safeguards effective to secure the privilege against self-incrimination.  By custodial interrogation, we mean questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way.”

The Court further held that “without proper safeguards the process of in-custody interrogation of persons suspected or accused of crime contains inherently compelling pressures which work to undermine the individual’s will to resist and to compel him to speak where he would otherwise do so freely.”  Therefore, a defendant “must be warned prior to any questioning that he has the right to remain silent, that anything he says can be used against him in a court of law, that he has the right to the presence of an attorney, and that if he cannot afford an attorney one will be appointed for him prior to any questioning if he so desires.”

The Supreme Court reversed the judgment of the Supreme Court of Arizona in Miranda, reversed the judgment of the New York Court of Appeals in Vignera, reversed the judgment of the Court of Appeals for the Ninth Circuit in Westover, and affirmed the judgment of the Supreme Court of California in Stewart.

Argued: Feb. 28, March 1 and 2, 1966

Decided: June 13, 1966

Vote: 5-4

Majority opinion written by Chief Justice Warren and joined by Justices Black, Douglas, Brennan, and Fortas.

Dissenting opinion written by Justice Harlan and joined by Justices Stewart and White.

Dissenting in part opinion written by Justice Clark.

DRUNK DRIVING DEFENSE ATTORNEYS - GRAND RAPIDS MICHIGAN

Krupp Law Offices P.C. represents clients throughout West Michigan, including the cities of Grand Rapids, Holland, and Grand Haven, and the counties of Kent, Ottawa, Allegan, Barry, Newaygo, Montcalm, and Ionia.Typical fees to retain attorney for a drunk driving case can range and from 1,000.00 dollars to as high as 5000.00 dollars. Considering the potential penalties for a drunk driving conviction, it is extremely important to retain the services of an experienced attorney in the area of drunk driving.Both George Krupp and Christian G Krupp II are former assistant prosecutors and are extremely experienced in criminal law and drunk driving cases.If you have any additional questions, please call or send an e-mail.

When facing a drunk driving charge, it is important to get a good lawyer.

 Call our Office for a free phone consultation.  Our office can help.

KRUPP LAW OFFICES PC

161 Ottawa NW Suite 404

Grand Rapids MI 49503

616-459-6636 or This email address is being protected from spambots. You need JavaScript enabled to view it.This email address is being protected from spambots. You need JavaScript enabled to view it.

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OTHER DUI TOPICS

DUI - Drunk Driving Defense

DUI - Drunk Driving

Penalties for DUI

DUI - Driver's License Sanctions

DUI - Jury Instructions

DUI- Case Law

DUI Statute

DUI Miranda Warnings

NEW Super Drunk DUI- .17 BAL

Driver Responsibility Fees - DUI

Zero Tolerance - DUI

DUI - Boat Snowmobile ORV

DUI INTERVIEW PDF

ASK A GRAND RAPIDS DUI ATTORNEY A QUESTION

DUI INTERVIEW PDF

GRAND RAPIDS DUI SUPER DRUNK DRIVING DEFENSE ATTORNEY

The Grand Rapids DUI defense attorneys at Krupp Law Offices PC can help you when you are facing a DUI with a blood alcohol over .17 in the Grand Rapids area.  It's important to have the representation of a good DUI defense lawyer. Krupp Law Offices P.C. has been providing quality DUI defense for over 85 years.  If you are facing DUI charges or are being investigated for DUI, call the Grand Rapids drunk driving defense attorneys at Krupp Law Offices P.C. for a free phone consultation. During your phone consultation, our attorneys will provide you with answers to your questions and schedule an immediate appointment with one of our DUI defense attorneys.

 

CALL FOR A FREE PHONE CONSULTATION AT 616-459-6636.

 

NEW SUPER DUI DRUNK DRIVING LAWS FOR BLOOD ALCOHOL ABOVE .17

Michigan has enacted a new provision of the drunk driving law that provides for enhanced penalties if your blood alcohol is above .17. The new penalties provide for extremely high fines and costs. Total fines and costs could exceed 8,000 dollars. In addition to extreme fines and costs,alcohol treatment is mandatory and possible jail time is doubled. Your driver's license is suspended for a mandatory 45 days without a restricted license (hard suspension). After 45 days a restricted license is available if you install an ignition interlock device on your car. The ignition interlock device will not allow you to start your car if you have any blood alcohol content.

GRAND RAPIDS DUI DEFENSE ATTORNEY

If you are charged with felony or misdemeanor drunk driving, a good DUI defense attorney is a requirement! Our drunk driving defense attorneys can answer your questions with straight talk. Having the right criminal defense attorney on your side can relieve your stress during this difficult situation. Our drunk driving defense attorneys have over 85 years of DUI - drunk driving defense experience.  Attorney George Krupp is a former Kent County assistant prosecutor and current criminal defense attorney.  Attorney Christian Krupp is a former Jackson County assistant prosecutor and current criminal defense attorney. Between the two criminal defense attorneys, they can provide you with excellent drunk DUI defense representation. Both attorneys have extensive criminal defense trial experience. Typical fees to retain attorney for a drunk driving case can range and from 1,200 dollars to as high as 10,000 dollars. Considering the potential penalties for a super drunk driving conviction, it is extremely important to retain the services of Krupp Law Offices, experienced DUI attorneys.

Krupp Law Offices P.C. is located in Grand Rapids, Michigan and has the right drunk driving defense attorney for you. We represent clients in all criminal matters throughout West Michigan.

Call for a free phone consultation.  Our office can help.

 

KRUPP LAW OFFICES P.C.

161 Ottawa NW Suite 404

Grand Rapids MI 49503

616-459-6636  or This email address is being protected from spambots. You need JavaScript enabled to view it.   

https://www.youtube.com/watch?v=Yg3k_eouDMs

 OTHER DUI TOPICS

DUI - Drunk Driving Defense

DUI - Drunk Driving

Penalties for DUI

DUI - Driver's License Sanctions

DUI - Jury Instructions

DUI- Case Law

DUI Statute

DUI Miranda Warnings

NEW Super Drunk DUI- .17 BAL

Driver Responsibility Fees - DUI

Zero Tolerance - DUI

DUI - Boat Snowmobile ORV

DUI INTERVIEW PDF

DUI INTERVIEW PDF

GRAND RAPIDS DUI & DRUNK DRIVING DEFENSE ATTORNEY

When you are facing serious criminal charges such as drunk driving (DUI) in the Grand Rapids area, it is important to have the representation of a good OWI defense lawyer. Krupp Law Offices P.C. has been providing quality drunk driving defense for over 85 years. If you are facing drunk driving charges or are being investigated for drunk driving, call the Grand Rapids drunk driving defense attorneys at Krupp Law Offices P.C. for a free phone consultation. During your phone consultation, our attorneys will provide you with immediate answers to your questions and schedule an appointment with one of our criminal defense attorneys.
 
CALL FOR A FREE PHONE CONSULTATION AT 616-459-6636.
 

DRIVER RESPONSIBILITY FEES - GRAND RAPIDS MICHIGAN

Effective October 1, 2003 the State of Michigan adopted driver responsibility fees.The driver responsibility fees have been described as a tax, but they are fees that are paid to the State of Michigan for moving violations (tickets).
 
Category 1 - Annual Fee for 7 or More Points.
 
The first category of fees is for drivers that have 7 or more points on their driver’s license.The fees are as follows:
 
7 Points = 100.008 Points = 150.009 Points = 200.00
10 Points = 250.0011 Points = 300.0012 Points = 350.00
13 Points = 400.0014 points = 450.0015 Points = 500.00
16 points = 550.0017 Points = 600.0018 Points = 650.00
 
Category 2 – Annual Fees for Specific Driving Offenses.
 
The second type of Driver Responsibility fee is for specific offenses.Some common offenses are as follows:
 
Operating while Intoxicated = 2,000.00
Operating while Impaired = 1,000.00
Driving while License Suspended = 1,000.00
No Proof of Insurance = 400.00
Drove with Expired Driver’s License = 300.00
 
You may get a copy of your driving record by going to www.michigan.gov/sos and select Driver’ License & State ID or by calling 517-322-1624.Additionally you can get a copy at the nearest Secretary of State.
 
Fees need to be paid in check or money order payable to “State of Michigan” and sent to: Collection Division, Michigan Department of Treasury, P.O. Box 30199, Lansing MI 48909-7699
 
Installment agreements are available for fees over 500.00 dollars.

GRAND RAPIDS DRUNK DRIVING DEFENSE ATTORNEY

If you are facing a felony or a misdemeanor drunk driving, a good DUI defense attorney is not optional, it is a requirement! Our drunk driving defense attorneys can answer your questions with straight talk. Having the right criminal defense attorney on your side can relieve your stress during this difficult situation. Our drunk driving defense attorneys have over 85 years of OWI defense experience. George Krupp is a former Kent County assistant prosecutor and current criminal defense attorney. Christian Krupp is a former Jackson County assistant prosecutor and current criminal defense attorney. Between the two criminal defense attorneys, they can provide you with excellent criminal defense representation. Both attorneys have extensive criminal defense trial experience including drunk driving, larceny, robbery,and other serious crimes. Typical fees to retain attorney for a drunk driving case can range and from 1,000 dollars to as high as 5,000 dollars. Considering the potential penalties for a drunk driving conviction, it is extremely important to retain the services of an experienced attorney in the area of drunk driving
Krupp Law Offices P.C.is located in downtown Grand Rapids, Michigan and has the right drunk driving defense attorney for you. We represent clients in all criminal matters throughout West Michigan, including the cities of Grand Rapids, Holland, and Grand Haven, and the counties of Kent, Ottawa, Allegan, Barry, Newaygo, Montcalm, Muskegon, and Ionia.
 
Call for a free phone consulation.  Our office can help.
 
161 Ottawa NW Suite 404
Grand Rapids MI 49503
616-459-6636or This email address is being protected from spambots. You need JavaScript enabled to view it. 

GRAND RAPIDS DUI ATTORNEY | GRAND RAPIDS DUI LAWYER - GRAND RAPIDS MICHIGAN

When you are facing a DUI charge in the Grand Rapids area, it is important to have the representation of a DUI defense attorney from Krupp Law Offices PC. Krupp Law Offices provides quality DUI (drunk driving) defense. If you have been charged with DUI, call the Grand Rapids DUI defense attorneys at Krupp Law Offices P.C. for a free phone consultation. During your consultation, our DUI attorneys will provide you with answers to your questions and schedule an appointment with one of our DUI defense attorneys.

CALL FOR A FREE PHONE CONSULTATION AT 616-459-6636

Penalties for DUI

DUI - Driver's License Sanctions

DUI - Jury Instructions

DUI Statute

DUI Miranda Warnings

NEW Super Drunk DUI- .17 BAL

Driver Responsibility Fees - DUI

Zero Tolerance - DUI

DUI - Boat Snowmobile ORV

GRAND RAPIDS DRUNK DRIVING (DUI) DEFENSE ATTORNEYS

If you are charged with felony or a misdemeanor DUI (drunk driving), a good DUI defense attorney is a requirement! Our drunk driving defense attorneys can answer your questions with honest advice. Having the right criminal defense attorney on your side can relieve your stress during this difficult time. Our drunk driving defense attorneys have over 85 years of OWI defense experience. George Krupp is a former Kent County assistant prosecutor and current criminal defense attorney. Christian Krupp is a former Jackson County assistant prosecutor and current criminal defense attorney. Between the two criminal defense attorneys, they can provide you with excellent criminal defense representation. Both attorneys have extensive DUI experience.

HOW MUCH DOES A GRAND RAPIDS DUI ATTORNEY COST?

Typical fees to retain attorney for a DUI case can range and from 1,000 dollars to as high as 10,000 dollars. Considering the potential penalties for a DUI drunk driving conviction, it is extremely important to retain the services of an experienced DUI attorney.

Krupp Law Offices P.C.is located in downtown Grand Rapids, Michigan and has the right drunk driving defense attorney for you. We represent clients in all criminal matters throughout West Michigan, including the counties of Kent, Ottawa, Barry, Allegan, Newaygo, Montcalm, and Ionia. Finding the right attorney for you is one of the most important decisions you can face. Krupp Law Offices P.C. has a attorney that can aggressively represent you if you are facing drunk driving (DUI) charges.

DUI Attorney Grand Rapids MI

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GRAND RAPIDS DRUNK DRIVING DEFENSE ATTORNEY- MICHIGAN CASES

When you are facing serious criminal charges such as drunk driving - DUI in the Grand Rapids area, it is important to have the representation of a good DUI defense lawyer. Krupp Law Offices P.C.has been providing quality drunk driving defense for over 85 years. If you are facing drunk driving charges or are being investigated for drunk driving, call the Grand Rapids drunk driving defense attorneys at Krupp Law Offices P.C. for a free phone consultation. During your phone consultation, our attorneys will provide you with immediate answers to your questions and schedule an appointment with one of our criminal defense attorneys.
 
CALL FOR A FREE PHONE CONSULTATION AT 616-459-6636.

DRUNK DRIVING - LEAD MICHIGAN CASES

People v Pomeroy, 419 Mich 441, 444, 355 NW2d 98 (1984): Defendant asleep in a motionless car could not be arrested for OWI. Defendant was no operating the vehicle. Engine was running but transmission in neutral.
People v Wood, 450 Mich 399, 538 NW2d 351 (1995): Defendant was discovered asleep behind the wheel with a beer between his legs at a fast food drive-through. Vehicle running with the transmission in drive. The Defendant had his foot on the break that kept the vehicle from moving. The court of Appeals determined that the defendant was operating the vehicle.
People v Smith, 164 Mich App 767, 417 NW2d 261 (1987): Defendant found slumped over wheel while parked on shoulder of interstate highway, one-quarter mile from nearest exit, with transmission in park and engine running.
People v Burton, 252 Mich App 130, 132, 651 NW2d 143 (2002) Defendant was found asleep behind the wheel of his pickup truck with the engine running, but with the lights off, in a golf course parking lot.Defendant was no operating the vehicle.
People v Campbell, May 13, 2008, defendant moved vehicle in driveway.Court determined that operation was on public roadway because tires were touching street.
People v Stephen, 262 Mich App 213, 685 NW2d 309 (2004). The court found sufficient evidence to support an OWI charge where defendant admitted that he drove to a fairground to sleep off the effects of having too much to drink, struck the parking log while attempting to leave the fairgrounds, and turned off the engine and went to sleep after he was unable to dislodge his truck.

GRAND RAPIDS DRUNK DRIVING - DUI DEFENSE ATTORNEY

If you are facing a felony or a misdemeanor drunk driving, a good DUI defense attorney is not optional, it is a requirement! Our drunk driving defense attorneys can answer your questions with straight talk. Having the right criminal defense attorney on your side can relieve your stress during this difficult situation. Our drunk driving defense attorneys have over 85 years of OWI defense experience. George Krupp is a former Kent County assistant prosecutor and current criminal defense attorney. Christian Krupp is a former Jackson County assistant prosecutor and current criminal defense attorney. Between the two criminal defense attorneys, they can provide you with excellent criminal defense representation. Both attorneys have extensive criminal defense trial experience including drunk driving, larceny, robbery,and other serious crimes. Typical fees to retain attorney for a drunk driving case can range and from 1,000 dollars to as high as 5,000 dollars. Considering the potential penalties for a drunk driving conviction, it is extremely important to retain the services of an experienced attorney in the area of drunk driving
Krupp Law Offices P.C.is located in downtown Grand Rapids, Michigan and has the right drunk driving defense attorney for you. We represent clients in all criminal matters throughout West Michigan, including the cities of Grand Rapids, Holland, and Grand Haven, and the counties of Kent, Ottawa, Allegan, Barry, Newaygo, Montcalm, Muskegon, and Ionia.
 
Call for a free phone consulation.  Our office can help.
161 Ottawa NW Suite 404
Grand Rapids MI 49503
616-459-6636 or This email address is being protected from spambots. You need JavaScript enabled to view it.
 
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