Barrix Law Firm

The Barrix Law Firm "Serving the Injured since 1993"

Friday, October 12, 2007 Grand Haven, MI

Spring Lake Township Ordinance Ruled Unconstitutional

The District Court in Grand Haven ruled the Spring Lake Ordinance Disorderly Conduct by Disturbing the Peace/Loud Music unconstitutional. The Court ruled the language of the Ordinance was vague and did not put people on notice as to what conduct was prohibited as unreasonably loud and raucous were not adequately defined.

This means that the misdemeanor charge of Disorderly by Loud music cannot be enforced in Spring Lake Township. The Township will have to rewrite the ordinance to be more specific if it wants to enforce the noise ordinance.

The client who was facing up to 93 days in the county jail as well as fines as much as $500.00 plus court costs has been vindicated and his record will remain clean.

The Court ruled that the ordinance was vague and the term unreasonably loud or raucous noise did not give proper notice to individuals on what noise level would violate the ordinance.

This past summer our client who had a house boat on Hanky Panky Bayou with speakers allegedly playing music was arrested and taken to jail. The complaining witnesses were homeowners on the bayou. This applies only to the ordinance effecting Spring Lake Township only. it would not affect Grand havens or any other municipality.

Congratulations to our client and our attorneys at the Barrix Law Firm who worked so hard on protecting the Constitution of the State of Michigan and the United States of America.

We Win 616-456-1900 or 616-877-4-22-7749 toll free The call is free will you be?

New Attorney joins the Barrix Law Firm

Attorney Steven Simkins has joined the Barrix Law Firm as an Associate. Mr. Simkins will be handling Criminal, Personal Injury, Family Law and general matters for the Firm.

Steve Simkins helped to get the Spring Lake Noise Ordinance ruled Unconstitutional.

Drunk Boating

In Michigan the Boating laws provide that operation of a boat or vessel (watercrafts, sea doo's etc ) under the influence of alcohol or controlled substance or with a BAC in excess of .10 is a misdemeanor. Punishable by up to 93 days in the county Jail and a fine up to $500.00 with Court costs. The court can impose probation and restrict your boating privileges or suspend them.

Unlike the automobile laws the limit is .10 as opposed to .08. Also a DUI boating does not affect your driving privileges or license.

There is a lesser offense of impaired just like auto cases.

Often times the arresting agency County Sheriff or Coast Guard will ask you to put on a life jacket. This is a sobriety test as much as it is safety. They will note if you are able to put the Jacket on correctly and what difficulties you have. Make sure they understand that you are not familiar with their life jacket and that you do not wish to put one on.

Also, you can refuse to perform sobriety tests such as following a pen with your eyes or the abc's. Refusal of the PBT is only a $200.00 civil infraction and without sobriety tests or a preliminary breath test they may have difficulty with probable cause to arrest.

The Breath test at the jail can also be refused as this is not an auto case and therefore your driver license cannot be suspended.

Call a qualified lawyer immediately such as the Barrix Law Firm 1-877-422-7749. We have successfully defended drunk boating cases. Our success includes dismissals and reduction in charges. Remember always have all your paper work and life jackets in order and properly maintained and on when required. Follow the rules and don't draw attention to yourself. Most importantly be careful.

See you at Hanky Pank!

Clip this and carry it in your wallet.

Clip and Save and carry in your wallet. If you are pulled over for DUI give the statement below to the officer tell him you are asserting the following rights. Do not speak directly at the officer. Do not give him the opportunity to smell your breathe. Provide this Statement and the documents he requires. Answering any questions may be evidence if he determines you smell of alcohol or your speech is impaired.
________________________________________________
OFFICER: Please read this card in its entirety as I am asserting the following. You have stopped me presumably in accordance with State Law. If I am to be given a citation, please proceed so that I may go on my way. If I am free to go now, I wish to leave immediately. If I am not under arrest, and any interrogation is to be undertaken, I will NOT answer any questions without my attorney being present, nor will I perform agility or coordination tests, blow into any preliminary breathe testing devices, or submit to any chemical test, EXCEPT those which are mandated by law in order for me to avoid a license suspension. I want an independent chemical test. (A urine test at the nearest hospital or a breathe test by a different law enforcement department at their facility.) I do not consent to being video taped. I WISH TO SPEAK TO MY ATTORNEY AT THE EARLIEST POSSIBLE TIME. (If I am arrested, keep this card and attach it to your report, noting when you received it.)
______________________________________________
Print, Clip & Fold here

Jason Barrix
Trial Lawyer

"We're here for you!"

Phone: 616-456-1900 Personal Injury
Toll Free: 1-877-4-BARRIX Criminal Defense
1-877-4 (22-7749) DUI Defense
Cell: 616-318-5671 Business Matters
E-mail: barrixoffice@aol.com & Litigation

When winning is the only option, I fight for you!
Since 1993

ANOTHER GREAT DUI VICTORY

Client is stopped for speeding, then arrested for not having a drivers license. The officer smells alcohol and has him submit to sobriety tests. Client passes all sobriety tests. Officer asks to take preliminary breath test on the road. Client refuses. Client is subsequently arrested for DUI at the Jail he blows .08.

Lesson #1 Never take sobriety tests. This is the perfect example the officer admitted in Court the client passed every single test that was to determine if he had a BAC above .08. he was arrested anyway. At the same time it is a rare example of passing the test and taking away probable cause for arrest.

Lesson #2 never take roadside PBT preliminary breath test. Client refused to take the test and it limited officers evidence against him. Fine of $100 for refusing the PBT. This is different than the BAC Datamaster test at the jail.

Lesson #3 hire the Barrix Law Firm for DUI and all other criminal matters. We were able to get this felony drunk driving case dismissed at the prelim for lack of probable cause to arrest. The officer had no reason to believe his BAC was above .08 a the time of his arrest. Incidentally his BAC at the Jail was .08.

We Win 616-456-1900 or 616-877-4-22-7749 toll free The call is free will you be?