In a satisfying conclusion to a tough case, Jim Amberg was successful earlier today in obtaining his Client's driver license back after it was taken per a second offense revocation. Although the client had initially received a restricted license due to his placement in sobriety court in Novi, problems arose when the Client failed to blow into his interlock machine while driving. However, Jim was able to prove this was an accidental occurrence, and the driver assessment and appeal division hearing officer agreed and granted Jim's Client his driver license.
In a case in which there was an accompanying domestic violence charge, Amberg & Amberg attorney Jim Amberg successfully argued that the personal protection order issued against his client was unlawful and based solely on the claimants fictitious claims. At the beginning of the hearing, the Court indicated it's reluctance to set aside the personal protection order as there was a pending criminal case. However, at the end of the hearing, the Court found that the complainant was not credible and that the ppo must be dismissed. Consequently, on the day of the criminal trial, the prosecutor dismissed all charges against Jim's client and he walked away free.
In one of the toughest courts in Michigan, Bloomfield Hills 48th District, with Judge Small, Jim Amberg fought hard and obtained a not guilty on behalf of his client charged with domestic violence. This case involved independent eye witness testimony, but the jury was not swayed, ultimately finding that Jim's argument that the case was not about innocence, but about reasonable doubt, was the proper argument.
In a case in which losing meant the end of a career, Jim Amberg successfully persuaded an Ann Arbor jury that his schoolteacher client was not guilty of retail fraud. The jury reached their decision after hearing evidence that Jim's client exited a grocery store and was stopped in the parking lot by security with over one hundred dollars of unpaid merchandise. She then signed a confession. However, Jim was able to call into question the truthfulness of the security guard's recollection and slammed the coercive tactics employed to get the confession. In the end, Jim's client was acquitted and was able to keep her job.
Last week Jim Amberg of Amberg & Amberg, PLLC secured a complete acquittal for his client who was charged with operating while intoxicated with a high blood alcohol content in the 52-2 District Court in Clarkston. The alcohol content on a blood draw was a .22. As far as the case goes, Mr. Amberg's client was found on the side of the road next to his crashed vehicle, and he appeared to be extremely intoxicated. He also had admitted to at least one officer that he had been driving the vehicle. After intensive cross-examination of the officers and State forensic scientist and passionate arguments throughout the trial, the Jury came back and found Mr. Amberg's client NOT GUILTY of all charges.
In the past two weeks, Jim Amberg successfully negotiated a Operating with the Presence of a Controlled Substance 2nd Offense Misdemeanor to a Careless Driving civil infraction, and an Operating with the Presence of Drugs First Offense to a Reckless Driving. In both cases, Jim argued that the Michigan State Lab's policies on minimum levels for THC in one's system were likely to change and that the only alternative to a fair deal would be to have jury trials on both cases.
Yesterday in the 52-3 District Court in Rochester Michigan, Amberg & Amberg attorney Jim Amberg won a jury trial in which the the Defendant was found not guilty of drunk driving. The facts were the Defendant blew a .19 on the Datamaster breath test machine, but was not given that test until about an hour after the alleged drunk driving. The jury found that the People had not met their burden. Not Guilty!
Yesterday, attorney Jim Amberg won a jury trial in which the defendant was accused of operating a vehicle with a high blood alcohol content, commonly known as Superdrunk Driving. The facts were simple, that the defendant had terrible driving, failed all sobriety tests, was given a blood test with a result of .25. However, Jim challenged the collection of the blood, the gaps in time in which the blood was handled by unknown people, and the possibility that the blood test could have been contaminated. The jury agreed and found that the prosecutor had not met their burden!
The Traverse City Record Eagle recently contacted Jim Amberg regarding his thoughts behind the treatment received by young people charged with Minor in Possession of Alcohol. As Mr. Amberg indicated, “If you want to send a kid down the wrong path, throw a kid in jail,” Amberg said. “You are almost guaranteeing they will have problems. Any positives out of it to punish someone for an MIP is grossly outweighed by the negatives.” The entire article can be downloaded here.
Amberg & Amberg attorney Jim Amberg recently won a probation violation hearing in which his client was accused of testing positive for alcohol during a morning random breath test. The client had indicated to Jim that she had consumed NyQuil prior to taking the breath test. During an initial hearing, the Court indicated to Mr. Amberg that he had never seen the NyQuil defense work, and indicated his scepticism of NyQuil's ability to cause a positive alcohol test on a portable breath test machine. After a heated hearing in which Mr. Amberg repeatedly pointed out the failings of the State Lab's claims that NyQuil cannot cause a positive alcohol test, the Court chose not to find the client in violation of her probation and refused to sentence her to jail, as was requested by the probation department.
After a conviction in a difficult case which spanned over five years, the Michigan Court of Appeals overturned the trial court's decision regarding allowing the use of carboxy thc in prosecution of a felony drunk driving case. The result is that Jim and his client have been granted a new trial, which they intend to win.
Earlier this week, after a long difficult trial, Amberg & Amberg lawyer Jim Amberg succesfully represented a client to a Not Guilty verdict on a major narcotics conspiracy charge. Although the client was convicted of the lesser amount, the Not Guilty verdict on the major cocaine conspiracy charged saved the client from many years in Federal Prison.
After a long battle in which Jim's client was accused of stabbing another individual, the Oakland County Prosecutor's Office dismissed the case on the date of the trial.
This week, Jim was successfully able to get not one, but two drunk driving charges reduced to reckless driving advisory pleas. This means that upon the completion of probation, the clients will not have anything on their records. And in one of the cases, it was an Oakland County superdrunk driving case.
Northern Michigan warrior Jesse Williams just scored another trial victory, receiving a not guilty verdict on a drunk driving case arising out of Kalkaska. This is Jesse's second drunk driving trial win in the last three weeks. Most lawyers are afraid to take drunk drivings to trial and the lawyers who do will tell you how tough they are to win. Two in a row is a major accomplishment, congrats Jesse!!!