FRAIBERG & PERNIE
Fraiberg & Pernie represents people charged with OWI, OWVI, High BAC, and drugged driving in Clarkston and throughout the 52-2 District Court jurisdiction. Attorneys Matthew Fraiberg and Eric L. Pernie bring former-prosecutor and former-police-officer experience to reviewing the investigation and preparing a defense.
After an arrest, you may be worried about jail, driving, work, and what happens at your first court appearance. A useful defense plan addresses the criminal charge, your license, and the conditions you must follow while the case is pending.
Call (248) 986-2682 or request a confidential consultation.
Read your bond order and testing instructions, confirm your next court date, and keep every document from the arrest. Preserve relevant messages, photographs, receipts, and recordings without deleting or altering them. Consult an attorney before answering questions about the incident or making statements online.
If you received chemical-test refusal paperwork, act promptly. The driver’s-license hearing process is separate from the criminal case and carries a short deadline. Do not assume that release from custody means you are authorized to drive.
| Topic | Information |
|---|---|
| Court | 52nd District Court, Division 2 |
| Address | 5850 Lorac Drive, Clarkston, MI 48346 |
| County | Oakland County, Michigan |
| Common allegations | OWI, OWVI, High BAC, drugged driving, and repeat impaired driving |
| Immediate priorities | Bond compliance, testing, license status, court dates, and evidence preservation |
| Misdemeanor proceedings | Generally remain in district court |
| Felony proceedings | Begin in district court; if bound over, continue in Oakland County Circuit Court |
| Defense attorneys | Matthew Fraiberg and Eric L. Pernie |
| Firm telephone | (248) 986-2682 |
The court serves the City of the Village of Clarkston; Brandon, Holly, Groveland, Independence, Rose, Springfield, and White Lake townships; and the villages of Holly and Ortonville.
An arrest outside Clarkston itself may therefore lead to a case in this court. Confirm the assigned court using your citation, complaint, or hearing notice. Consult the court’s official jurisdiction information for its geographic coverage.
Conditions may include alcohol restrictions, testing, reporting, travel limitations, and required court appearances. Your actual order determines what applies. Another person’s testing schedule or permission to travel does not establish what you may do.
If instructions are unclear or conflict with work or medical needs, address the issue through your attorney before changing your routine. Continue complying unless the court authorizes a change.
Save the citation, complaint, bond order, testing instructions, hearing notices, temporary driving permit, and chemical-test documents. Make readable electronic copies and bring them to your consultation.
Police video, business surveillance, residential cameras, dispatch audio, and witness information may become important. Some recordings are overwritten or deleted under retention policies. Tell your attorney where relevant evidence may exist so preservation requests can be considered promptly.
Write down your recollection privately, including the location, weather, officer instructions, witnesses, and any medical or physical limitations. Do not post that account online.
A misdemeanor case commonly involves arraignment and bond, discovery, pretrial proceedings, possible motions, and a negotiated resolution or trial. If there is a conviction, sentencing follows. The sequence and number of hearings depend on the case.
For a felony allegation, the district court generally handles arraignment, the probable cause conference, and preliminary examination. If the case is bound over, proceedings continue in circuit court. The court explains its role on its Criminal Division page.
Check each notice for attendance instructions. Do not assume a hearing is remote because an earlier appearance was held by video.
“DUI” is a common search term, while Michigan statutes use terms including operating while intoxicated and operating while visibly impaired. The exact charge matters when evaluating evidence, sentencing exposure, and license consequences.
| Charge or allegation | What needs attention |
|---|---|
| OWI | The alleged basis for intoxication or unlawful alcohol content, operation, and supporting evidence |
| OWVI | Whether alcohol or another qualifying substance visibly impaired the ability to operate |
| High BAC | An alleged alcohol concentration of 0.17 or higher and the applicable enhanced consequences |
| Repeat OWI | Qualifying prior convictions, relevant dates, and increased criminal and license exposure |
| Felony OWI | Prior convictions or allegations involving death or serious impairment of a body function, depending on the charge |
| Drugged driving | The particular statutory theory, toxicology findings, observed behavior, and other evidence |
A reduction to a lesser offense can still carry significant consequences. Evaluate the complete disposition rather than only the name of the charge.
The defense examines the reason for the stop and the facts supporting the arrest. Police reports should be compared with recordings, dispatch information, witness accounts, and road conditions. A disputed observation does not automatically make a stop unlawful; the legal issue depends on the full circumstances.
The prosecution must establish the required elements, including operation. Questions may arise when no officer saw the driving, several people were present, or the vehicle was parked. A parked vehicle does not automatically defeat an OWI charge; the facts and applicable law require careful review.
Instructions, demonstrations, surface conditions, lighting, footwear, and physical limitations may affect the meaning of a test result. Video can help determine what the officer asked the person to do and what actually occurred.
Relevant records may include instrument checks, operator qualifications, observation procedures, sample collection, storage, chain of custody, and laboratory documentation. The appropriate inquiry depends on the testing equipment and methods actually used.
A numerical result is important evidence. Whether it can be excluded, disputed, or placed in context depends on a supported legal or scientific issue.
Recordings may confirm a report, contradict it, or supply missing context. The objective is to evaluate the evidence accurately and identify issues that matter to the charge, negotiations, or trial.
An alleged refusal of an evidentiary chemical test may trigger an implied-consent proceeding through the Michigan Secretary of State, separate from the criminal prosecution. A roadside preliminary breath test is a different matter and should not be treated as interchangeable with the evidentiary test.
The Secretary of State’s hearing-request instructions require an implied-consent hearing request to be postmarked or submitted electronically within 14 days of receiving the officer’s refusal report. Review the notice immediately with an attorney. See the official hearing-request form.
Read more about the firm’s implied-consent representation.
Your authority to drive depends on your license status, applicable permit, Secretary of State action, and any court restrictions. Confirm those details before driving. The criminal case and licensing process may operate on different timelines.
Commercial drivers should obtain advice about CDL consequences, including allegations involving a personal vehicle. A proposed plea should also be evaluated for employment and professional-licensing effects.
A missed, late, positive, or disputed test can lead to a bond-violation allegation. The response depends on the order, testing records, explanation, and other circumstances. Possible consequences include changed conditions or custody; neither a violation nor its outcome should be assumed without reviewing the facts.
If a testing problem occurs:
Do not assume that a product, prescription, device problem, or misunderstanding will resolve the issue without supporting evidence.
Sometimes. A lawful challenge to evidence, a problem proving an element, or a negotiated agreement may change how a case is resolved. Other cases proceed to trial or result in a conviction of the original charge.
No lawyer can promise a dismissal, reduction, or sentence without jail. Review the firm’s criminal defense and OWI case results as examples of prior matters, not predictions for your own case.
Jail is possible but is not automatic in every first-offense case. The applicable law, conviction offense, record, circumstances, and sentencing decision matter. A clean record does not guarantee probation.
Review your order and obtain permission when required. Employment obligations do not automatically override travel or testing conditions. International travel also involves the destination country’s entry rules.
Contact your attorney immediately. Failure to appear may result in a warrant or other court action. Do not assume the hearing was canceled or that an explanation automatically excuses your absence.
Not necessarily. Lawful possession and lawful driving are different questions. The exact allegation, medication, toxicology findings, and evidence of driving must be reviewed.
Timing varies with discovery, laboratory results, motions, negotiations, court scheduling, and trial preparation. Your attorney should explain the next hearing and what work remains before it.
The court may order an interview or assessment through probation. Discuss the process with your attorney, provide accurate information, and identify records relevant to your circumstances. Sentencing preparation should address the actual case and any applicable legal requirements.
Matthew Fraiberg is the firm’s managing partner and has been licensed in Michigan since 1997. His background includes service as a city prosecutor and judicial clerk.
Eric L. Pernie is a criminal defense attorney and former Bloomfield Township police officer. His prior work provides firsthand familiarity with police investigations and evidence collection.
Together, they help clients evaluate the allegations, understand immediate obligations, and prepare for the available legal options.
If your case is pending in the 52-2 District Court, bring your citation, bond order, testing instructions, license paperwork, and hearing notices to your consultation. Identify any approaching deadline or unresolved testing problem at the outset.
Call (248) 986-2682 or schedule a confidential consultation with Fraiberg & Pernie.
Prepared for review by Matthew Fraiberg, Michigan attorney licensed since 1997.
Fraiberg & Pernie is a Michigan criminal defense law firm dedicated to defending individuals charged with DUI, drug crimes, assault offenses, domestic violence, white collar crimes, and other felony or misdemeanor charges. The firm represents clients throughout Oakland County, Macomb County, Wayne County, and Metro Detroit. If you need an experienced Michigan criminal defense attorney, Fraiberg & Pernie provides aggressive legal representation focused on protecting your freedom, record, and future.