OWI 2nd Offense Dismissed at Motion Hearing

In a case that saved his client from years of probation, stress, jail, and a revocation of license, Jim was able to secure a dismissal against a tough state prosecutor.  The case involved Jim's client being stopped for speeding after a long day out on the lake.  The Officer said he smelled alcohol and had Jim's client exit the vehicle.  He then had the client take a preliminary breath test, with results that were over the legal limit.  This was the client's second drunk driving arrest in seven years, so revocation of license and jail time were on the table.

At the motion hearing, Jim argued that the officer lacked the reasonable cause to administer the preliminary breath test.  The judge very reluctantly agreed and the prosecutor was forced to dismiss the case.  

Drunk Driving Dismissed

In a drinking and driving case in the 46th District Court in Southfield in which Jim's physician client was facing the possible loss of his job and hospital credentials over his operating while intoxicated charge, Jim was able to successfully argue that the officers failed to have adequate probable cause to arrest.  The situation involved the officers administering a preliminary breath test after they had indicated Jim's client was arrested.  Without the preliminary breath test results, the officers were forced to rely on their administration of field sobriety tests.  At the hearing, Jim relentlessly went after the officers failure to adequately perform the sobriety tests.  At a certain point, the main officer admitted that the client passed the very same sobriety tests that the officer said he failed in the report. Ultimately the case was dismissed and Jim's client was extremely happy at the outcome!

Not Guilty of Major Charges in Federal Racketeering Murder Conspiracy

When Jim first received the call from his client that he was charged with being a high ranking Young General in the nationally known gang, the "Bounty Hunter Bloods," he knew his client's life was on the line.  The United States Attorney's Office in the Eastern District of Michigan is known as one of the toughest, most sophisticated, and best prepared in the nation.  When one is charged with a RICO conspiracy, the devil is in the details, as the charge itself is not nearly as bad as the underlying crimes that make up the charge.  In the Bounty Hunters case, this included over seven murders, firebombings, car jackings, armed robberies, gun sales, and major narcotic trafficking. 

Read More

Not Guilty Medical Marijuana Section 8 Jury Trial in Oakland County

In what appears to be the first not guilty using section 8 of the mmma in Oakland County, attorney Jim Amberg fought and defeated the nefarious Oakland County Prosecutor's Office by securing a not guilty verdict for his client.  In a case that Jim originally won at a motion hearing, but was later overturned by the Court of Appeals, the client was busted with 17 marijuana plants, jars of marijuana, and a full blown grow operation.  What the cops didn't understand was that the client had recently obtained and received his medical marijuana card for his issues with TMJ.  At the trial, and without any doctors, Jim was able to show the jury why his client needed his medicine.  After a short deliberation, the jury came back with a not guilty!!!

Not Guilty 6 Count Felony Case Including Felony Firearm

Yesterday, in a trial where losing meant years of mandatory prison time, Amberg & Amberg attorney Jim Amberg secured a not guilty verdict in which the Jury only deliberated for 20 minutes!  The case stemmed from an incident where Jim's client's ex wife accused him of pulling out multiple handguns, pointing them at her and her new boyfriend, and repeatedly threatening to kill them.  After an intense cross examination where Jim repeatedly called out both the ex and the new boyfriend on their lies and inconsistencies, the jury agreed and the client left a free man!  The charges included Felony Firearm, Carrying a Concealed Weapon, Felonious Assault, and Domestic Violence.

 

Not Guilty Operating Under the Influence of Drugs

Yesterday, Jim Amberg of Amberg & Amberg, PLLC, walked out of the 35th District Court in Plymouth Michigan with a stunning not guilty of operating under the influence of drugs.  Jim's client, a paramedic, was driving to work when a caller reported a driver driving erratically all over the road.  Upon arrival to the location, Plymouth Township officers spotted Jim's client's vehicle nearly hit a number of cars and drive extremely erratic.  After being stopped, officers performed a series of field sobriety tests on Jim's client.  His performance on the tests was terrible and he had to be held up by officers.  Clearly something was amidst and the client was arrested.  A blood test was performed, with the results indicating Jim's client's blood contained morphine, codeine, xanax, and ambien. 

Read More

Unbelievable Hung Jury on High BAC Superdrunk Driving case

In a case where the client made the news when his car went airborne and completely totaled five brand new Cadillacs for sale at a car dealership in Troy, Amberg & Amberg attorney Jim Amberg was able to secure a hung jury that resulted in a plea offer to a lesser offense by the Oakland County Prosecutor and fines and costs to the client.  In the case, the client was discovered sleeping in his car, which happened to be resting on top of one of the Cadillacs.  His blood was drawn and the result of which was higher than the .17 high bac superdrunk driving threshold.  During the trial, which was held at the 52-4 District Court, Jim repeatedly slammed the offficers for their failure to keep with proper procedure.  After an intense cross examination of the State's forensic scientist expert, some of the members of the jury were not convinced of guilt and a mistrial was declared.

Tough Domestic Violence NOT GUILTY!!!

In a case in which one of the arresting officers referred to it as the "worst domestic violence case he's seen in the past ten years," Amberg & Amberg attorney Jim Amberg secured a not guilty verdict in the 48th District Court before Judge Barron. In the case, the complainant had suffered serious injuries including black eyes, a huge knot on her head, and half an ear torn off. At first glance, this was a terrible situation with no winners and Jim's client looking at some hefty incarceration. However, after reviewing the case and extensively preparing for trial, Jim presented to the jury the client's side of the story in which he was defending himself from his intoxicated girlfriend. After a hardfought trial, the jury agreed and found Jim's client NOT GUILTY of domestic violence.
Read More

2nd Offense Drunk Driving NOT GUILTY!!!!

Jim's client today heard those magic words after a difficult trial in which the client was charged with his second owi.  The case, prosecuted by the tough as nails Oakland County Prosecutor's Office, was brought after the client's ex-girlfriend was thrown from his motorcycle and injured on M-59 in Waterford.  After lengthy arguments and Jim's brutal destruction of the officers, the jury saw through the case and reached the right verdict!

Michigan Supreme Court Unanimously Rules In Jim Amberg's Favor on Groundbreaking FOIA Case

After three long year of litigation, Jim Amberg and his legal team have won a landmark decision in the Michigan Supreme Court regarding the rights of citizens to obtain materials in possession of the police. The case itself started when Jim filed a Freedom of Information Act request for a client in a criminal case that involved his client and the cops fighting each other in a Tim Horton's donut shop. Because discovery is not permitted in misdemeanor cases in Michigan, Jim's only avenue to obtain the police report and any other information was through the Freedom of Information Act, commonly known as FOIA.
Read More

South Lyon Drunk Driving Dismissed prior to Motion

In a drunk driving case in which Jim Amberg's client was harassed by officers while awaiting his breath test at the police station, the prosecutor, prior to the motion hearing, agreed to dismiss Jim Amberg's client's drunk driving charge in exchange for a civil infraction.  The case itself involved the officer repeatedly attempting to coerce the client into taking the datamaster breath test, even though he initially rejected taking the breath test.  After viewing the booking video and watching the officer's behavior towards his client, Jim filed a motion to suppress the breath test result as it was a product of coercion and violative of the 4th Amendment.  The prosecutor, after watching the video and reading the motion, agreed.

52-3 District Court Drunk Driving Not Guilty!!!!!

Last friday, Amberg & Amberg attorney Jim Amberg won an "impossible" drunk driving jury trial in the 52-3 District Court in Rochester before Judge Nancy Carniak. The case itself involved a client who ran into another driver while that driver was stopped at a light. Upon arrival, the Oakland County Sheriff Deputies began asking the client questions about her alcohol use, to which she admitted drinking two glasses of wine. The deputies then performed sobriety tests on the client and indicated she failed, although Jim told the jury he thought she passed. The deputies then took the client to the police station, where the client blew a .12 on the Datamster breath test machine.
Read More

48th District Court Drunk Driving .15 NOT GUILTY!!!

In a case that left the prosecutor stunned, Jim Amberg was able to successfully obtain a not guilty verdict in the 48th District Court, before Judge Diane D’Agostini. The facts of the case involved a client who worked as a professional truck driver that would have lost his job of 24 years if he was convicted. Jim’s client was stopped by Bloomfield Hills police for allegedly swerving and driving erratically. After being pulled over, the client admitted to drinking five to six beers. The client was able to perform some of the sobriety tests, but was unable to complete the one leg stand for fear of falling over and did not perform the heel to toe test adequately for the officer. The client was then arrested and at the station he was given a Datamaster breath test with the result of 0.15 blood alcohol level. However, on the second test, the Datamaster machine registered an “Interference Detected” on the Datamaster ticket. The officer did not require the client to perform any further tests.
Read More

Not Guilty, .15 Blood Alcohol Drunk Driving

In an intense Operating While Intoxicated case, Jim Amberg, received a Not Guilty verdict to all charges in a situation where his client was stopped by a State Trooper for driving up I-75 without his headlights on.  The client then admitted to drinking, failed all of the sobriety tests, and ultimately blew a .15 on the Datamaster DMT machine.  At the trial, Jim was able to get the State Prosecutor to concede that the breath test did not comply with the breath testing administrative rules.  The Prosecutor then agreed to suppress the score of the test.  Next, Jim aggressively cross-examined the State Trooper and discovered that the Trooper was not as well versed in the standardized field sobriety tests as she thought.  The jury came back and found Jim's client NOT GUILTY! 

Oakland County Concealed Weapon Felonies Dismissed

In a case where the client's prior lawyer's ineffective assistance of counsel nearly derailed the case, Jim Amberg was able to salvage the situation in a very difficult case and convince an Oakland County Circuit Court Judge that the stop of the client by the Michigan State Police was illegal.  In the case, the client was accused of possessing a modified tec-9 pistol, a large amount of cash, as well as some marijuana.  The client did not have a concealed weapon license.  After taking the case over from an attorney who talked a big game to the client, only to place him in a position where additional charges were filed due to his inability to understand how to conduct a preliminary examination, Jim was able to get the weapon alteration charge quashed and the remaining concealed weapon and drug charges dismissed.  The Court found Jim's argument that the Trooper's understanding of the improper turn statute was wrong and thus the stop itself was unlawful.

Medical Marijuana Case Dismissed

In Livonia, after a difficult case in which the client was caught growing marijuana even though he had given his right to grow to a caregiver and was not authorized to grow marijuana plants, Jim Amberg secured a dismissal of the case after extensive motion filings under section 8 of the Michigan Medical Marijuana act.  Jim's client was facing serious jail time due to a lengthy criminal history and winning was the only option.  Needless to say, both Jim and his client are very happy with the result!

Minor in Possession Not Guilty

In a hard fought Minor in Possession of Alcohol (MIP) trial against the Oakland County Prosecutor's Office in the Oakland County Circuit Court's Juvenille Division, Jim Amberg successfully argued to the Referree that because the officers entered the Defendant's home in violation of his 4th Amendment Rights, the Defendant should be found not guilty and his juvenille petition dismissed.  After closing statements, the Court agreed and found Jim's client not guilty!

Not Guilty Felony Firearm & Felonious Assault

In a trial where his client's freedom depended on the outcome, Jim Amberg secured a verdict of not guilty in a felony firearm and felonious assault case. The case consisted of Jim's client defending himself and his property against a number of ex-friends who decided to pay the client a visit looking for some things of the complainant. Although there were allegations that Jim's client pointed a gun at the complainant, Jim was able to prove not only that his client was innocent, but that he had every right to stand his ground and defend himself.
Read More

Motion to Suppress Evidence in Drunk Driving Case Granted

In a day in which Jim Amberg had already won one bad stop motion and had another drunk driving case pled to fines and costs and immediate sentence in Oakland County, an evidentiary hearing was conducted after Jim had filed a motion to suppress evidence resulting from what he argued was an unconstitutional stop of the defendant in a Troy operating while intoxicated case.
Read More

Medical Marijuana Entrapment Victory

After a grueling two year long case, where the defendants in a marijuana narcotics conspiracy case in Oakland County brought by the Oakland County Prosecutor's Office Drug Unit were accused of running an illegal marijuana dispensary, Jim Amberg was able to convince the Court that his clients were entraped by the Oakland County Narcotics Enforcement Team, otherwise known as the NET team.
Read More