Attorney Stephen J. Kirksey, P.C.
1415 Walton Boulevard
Rochester Hills, MI 48309
Phone: 248-608-5400
Fax: 248-608-8140
Request a Case Evaluation Now
Over 34 years of experience in legal services
States/Courts Admitted:
All Michigan & Federal Courts
Law School:
Detroit College of Law - Michigan State University
Undergrad:
Oakland University, Rochester MI
Memberships:
Michigan State Bar
Languages Spoken:
English
Practice Areas:
Statement of Fees:
I charge competitve fees based on my experience, knowledge of the law and the results I obtain for my clients - I do not accept credit cards. I do provide payment plans for eligible clients.
Firm Mission Statement:
Confident Experience, Personal attention. Aggressive Representation at Reasonable Cost.
Year Firm Established:
1995
Year Most Active Senior Member/Active Partner Admitted: 1977
Bar Number: P27702
DEFINITIONS:
"Per Se" Blood Alcohol Concentration (BAC) Level
As of August 2005, all states have DUI laws that deem "per se intoxicated" any driver with a blood-alcohol concentration (BAC) at or above .08 percent. This means that drivers with a BAC at or above .08 are intoxicated in the eyes of the law, and no additional proof of driving impairment is necessary. This law is changing in 2013 (.10)
"OWI" aka "DUI" BAC of .08 and higher. (Misdemeanor)
93 days jail, 180 days suspended license with 1st 30 days no driving, restricted license available after 30 days. Community service, fines, costs and other penalties
"OWVI" aka "driving while impaired" (Misdemeanor)
BAC .08 (or an amount less than which impairs your driving), 93 days jail, restricted license for 90 days. Other penalties similar to OWI
"High BAC" aka "Super Drunk" BAC of .17 and higher. (Misdemeanor)
Generally, penalties (jail, fines, costs etc.) doubled. Severe license sanctions. 1 year suspended license with 1st 45 days no driving and suspension lifted upon installation of ignition interlock on your vehicle at your expense for the remainder of the year. 1 year in/out patient alcohol treatment required. Other penalties apply
"OWI 2nd" BAC .08, second offense (Misdemeanor)
Up to 1 year jail, 1 year license revocation, no restricted license available* (some District Courts have programs which allow for a restricted license), vehicle forfeiture or immobilization. Other penalties similar to OWI 1st
"OWI 3rd" BAC .08, third offense. (Felony)
1-5 years in jail, vehicle forfeiture, license revocation (5 years). many other penalties
"OWPCS" "Operating with presence of a controlled substance" (Misdemeanor)
Operating with any amount of a controlled substance. 93 days jail, 6 months restricted license, other penalties similar to OWI.
"Zero Tolerance" Blood Alcohol Concentration (BAC) Level
All states carry "zero tolerance" laws that target drivers under the legal drinking age. These laws penalize persons under 21 for operating a vehicle with any trace of alcohol in their systems (a BAC above 0.0), or with negligible BAC levels such as .01 or .02 percent.
"Implied Consent" Laws
"Implied consent" laws require vehicle drivers to submit to some form of chemical test, such as breath, blood, or urine testing, if suspected of DUI. There are two different breath tests you will be asked to take. One, typically, on the roadside and one at the police station. The roadside test can be used to justify your arrest. If you "unreasonably" refuse the test at the police station you may lose your license for one (1) year, regardless if you are found not guilty of drunk driving.
A hearing to determine if you unreasonably refused to take the breath test at the station must be requested in writing within 14 days of the alleged refusal.
Note: Persons arrested for DUI will be subject to additional criminal law penalties not addressed here -- including jail time, fines, and community service. Such criminal penalties are typically more discretionary than those identified in this chart, and are therefore more difficult to accurately predict. Generally speaking, first-time DUI offenders can expect to incur a fine, and face the possibility of jail time. Repeat DUI offenders will incur harsher fines, and will almost certainly be sentenced to a number of days in jail. Penalties will be harsher still if the DUI offender was involved in an accident in which someone else was injured or killed.
DEFINITIONS:
Secretary of State License Suspension/Revocation
The Secretary of State License Suspension/Revocation penalties indicated here refer to minimum mandatory penalties imposed on drivers who unreasonably refuse to submit to BAC testing. Administrative suspension or revocation of a driver's license is carried out by Secretary of State, distinct from any criminal court penalties. Michigan imposes harsher penalties for second or third DUI offenses.
Mandatory Alcohol Education and Assessment/Treatment
Alcohol education and treatment/assessment penalties for DUI offenders can include mandatory attendance at DUI prevention programs, and assessment of potential alcohol dependency problems. Such programs are often made "conditions" of a suspended sentence or probation, meaning that a DUI offender can avoid jail time and payment of hefty fines if he or she completes participation in the program. This chart indicates each state's utilization of alcohol education and treatment/assessment programs.
Vehicle Confiscation/Forfeiture
Vehicle confiscation and immobilization penalties are applied in repeat offender situations.
Ignition Interlock
A vehicle ignition interlock breath-testing device measures a vehicle operator's BAC, and will prevent operation of the vehicle if more than a minimal amount of alcohol is detected. DUI offenders will usually be required to pay the costs of installation, rental, and maintenance of an ignition interlock device. Ignition interlock is required by the Secretary of State on License Restoration Petitions for a period of 1 year prior to full re-reinstatement.
TYPE OF CASES OUR FIRM HANDLES
I am a trial lawyer and I personally handle cases concerning drunk driving, license restoration, serious personal injury and real estate law (licensed broker). By far the defense of alcohol related offenses occupies the majority of my practice.
WE THINK YOU SHOULD HIRE US IF:
You want a lawyer who will personally handle your file and will be available for consultation afternoons, evenings and weekends. I will fairly evaluate your case and determine the most favorable course. I will not hesitate to go to trial on your case; that decision, however, will ultimately be yours. All clients will be advised to take certain steps to minimize a possible sentence, if any. I call this "Damage Control"
OUR FIRM IS NOT RIGHT FOR YOU IF:
You are looking for a lawyer who will only tell you what you want to hear. I will work with you to honestly assess the facts of the case. This a serious moment in your life and you need experienced advice.
IF YOU WANT TO TELL OUR LAW FIRM ABOUT YOUR SITUATION YOU SHOULD:
I personally communicate with you whenever possible. If I am in Court when you call, you can leave a message. I personally guarantee you will hear back from me in 24-hours, or less - most often, much less. My office phone is (248) 608-5400.
THE TYPICAL COST TO GET US TO START WORKING ON YOUR CASE IS:
The cost varies depending on the allegation and facts of the case. A fee will be quoted at our initial consultation. Payment - I do not accept credit cards. I do provide payment plans for eligible clients
OUR CLIENTS WILL TELL YOU THAT:
My level of experience, knowledge of the law, and personal familiarity with the judges, prosecutors, and system is a great advantage. In addition my personal and regular contact with clients, availability and involvement with every aspect of the case bring the most favorable results and the least possible impact on your life.
OUR PHILOSOPHY ON HOW WE APPROACH OUR CASES IS:
Depending on the type of case I like to find out as much as I can about the facts of the case and talk to anyone who can help our defense. At that time we can discuss our options. The stronger our defense appears to the prosecutor, the better our chances are of getting a favorable result.
IF YOU WANT TO LEARN MORE ABOUT OUR FIRM YOU SHOULD:
During our free initial consultation I will answer any questions. Please call (248) 608-5400 or e-mail me at sjk@kirkseylaw.com