FRAIBERG & PERNIE
Fraiberg & Pernie represents people charged with OWI/DUI, High BAC, criminal traffic offenses, domestic violence, assault, drug crimes, theft offenses, and other criminal charges throughout Oakland County, Wayne County, Macomb County, and Southeast Michigan.
The selected Michigan criminal defense and OWI case results below include dismissals, charge reductions, suppression of evidence, non-OWI resolutions, reduced felony exposure, and other favorable outcomes.
These cases illustrate how the outcome of a criminal case can be affected by careful examination of the actual evidence, including:
Police reports
Body-camera and dash-camera video
Traffic-stop evidence
Field sobriety testing
Breath and blood testing
Medical conditions
Chemical-test procedures
Chain of custody
Search and seizure
Witness credibility
Self-defense
Constructive possession
Proof of criminal intent
Vehicle-operation timelines
Physical and environmental conditions
The results are organized below by county, court, charge, evidence issue, defense issue, outcome, and attorney so readers can identify cases involving circumstances similar to the charge or court they are researching.
Law Firm → Fraiberg & Pernie
Practice Areas → Michigan Criminal Defense and OWI/DUI Defense
Attorneys → Matthew Fraiberg and Eric L. Pernie
Primary Counties → Oakland County, Wayne County and Macomb County
Case Types → OWI, High BAC, repeat OWI, drugged driving, domestic violence, assault, drug possession, theft, retail fraud, criminal traffic, probation violations and other criminal charges
Results Shown Below → Dismissals, reductions, evidence suppression, non-OWI resolutions and other favorable outcomes
Defense Focus → Evidence review, constitutional issues, testing procedures, factual weaknesses and charge-specific defense strategy
Office → Birmingham, Michigan
Phone → (248) 986-2682
Important Case Results Disclaimer: Every case is different. Past results do not guarantee or predict future outcomes. The result of any criminal or OWI case depends on the specific facts, evidence, applicable Michigan law, court, prosecutor, judge, prior record, defense strategy, and individual circumstances.
Fraiberg & Pernie represents clients in district and circuit courts throughout Oakland County. The following selected results involve OWI/DUI and criminal cases in Bloomfield Township, Bloomfield Hills, Troy, Rochester, Clarkston, Novi, Royal Oak, Southfield, Farmington Hills, Waterford, Ferndale, and Clawson.
Charge → Operating While Intoxicated
Court → 48th District Court
Location → Bloomfield Township, Oakland County, Michigan
Major Evidence Issue → Medical condition affecting OWI evidence
Defense Issue → Diabetes, breath-test reliability, officer observations and alternative explanations for alleged signs of impairment
Outcome → OWI reduced to Careless Driving
Attorney → Matthew Fraiberg
Fraiberg & Pernie represented an 82-year-old client charged with OWI following a .08 BAC result.
The client had diabetes, a medical condition that could potentially affect breath-testing evidence and could also provide alternative explanations for symptoms an officer might interpret as evidence of alcohol impairment.
The defense examined the client’s medical condition, chemical-testing evidence, officer observations, and the overall reliability of the prosecution’s OWI evidence.
The OWI was ultimately reduced to Careless Driving, avoiding an OWI conviction and OWI-specific driver’s-license penalties.
Charge → Operating While Intoxicated
Court → 48th District Court
Location → Bloomfield Hills, Oakland County, Michigan
Major Evidence Issue → Limited objective evidence supporting alleged field sobriety test failures
Defense Issue → Police report, field sobriety testing, officer observations and lack of supporting video evidence
Outcome → OWI reduced to Impaired Driving
Attorney → Eric L. Pernie
Police reported that the client failed field sobriety tests. However, there was no video evidence confirming those claims, and the written report lacked important supporting detail.
The defense examined what objective evidence existed to support the officer’s conclusions rather than simply accepting the characterization contained in the police report.
The limited corroborating evidence became an important part of the defense strategy.
The OWI charge was reduced to Operating While Visibly Impaired.
Charge → OWI High BAC / BAC .17 or Greater
Court → 48th District Court
Location → Bloomfield Hills, Oakland County, Michigan
Major Evidence Issue → Chemical-test evidence had to be evaluated against the complete investigation
Defense Issue → Chemical-test reliability, testing procedure, officer observations, video evidence and recorded behavior
Outcome → High BAC OWI reduced to Operating While Visibly Impaired (OWVI)
Attorney → Matthew A. Fraiberg
The defense did not evaluate the reported BAC number in isolation.
The chemical-test result was compared with the testing procedure, available video evidence, officer observations, and the client’s recorded behavior.
That broader evidentiary review was important because a High BAC allegation involves not only an OWI charge but an enhanced allegation based on the reported alcohol level.
The High BAC OWI was reduced to Operating While Visibly Impaired.
Charge → Operating While Intoxicated
Court → 52-4 District Court
Location → Troy, Oakland County, Michigan
Major Evidence Issue → Legal justification for the traffic stop
Defense Issue → Dashcam evidence, alleged weaving, traffic-stop legality and suppression of evidence
Outcome → Evidence suppressed and OWI dismissed
Attorney → Matthew Fraiberg
Police alleged that the client was weaving within the lane.
Dashcam footage, however, showed no lane departure and no clear traffic violation.
The defense reviewed the video, police report, officer observations, and legal justification for stopping the vehicle and challenged whether the stop was lawful.
The court suppressed the evidence obtained following the stop.
Without that evidence, the OWI charge was dismissed.
This case illustrates why reviewing the actual traffic-stop video can be critical in an OWI defense.
Charge → Retail Fraud
Court → 52-4 District Court
Location → Clawson, Oakland County, Michigan
Major Evidence Issue → Store evidence, property value and circumstances surrounding the allegation
Defense Issue → Intent, mitigation, client history and alternatives to incarceration
Outcome → Case resolved without jail
Attorney → Eric L. Pernie
The defense reviewed the store evidence, loss-prevention information, police report, property value, client history, and circumstances surrounding the alleged offense.
The defense focused both on the evidence of intent and on mitigation relevant to an appropriate resolution.
The case was resolved without jail.
Charge → Operating While Intoxicated
Court → 52-3 District Court
Location → Rochester, Oakland County, Michigan
Major Evidence Issue → Weather and road conditions affecting driving and field sobriety testing
Defense Issue → Snow, ice, driving behavior, field sobriety performance and environmental conditions
Outcome → OWI reduced to Careless Driving
Attorney → Eric L. Pernie
The client lost control of a vehicle during a snowstorm and acknowledged drinking earlier.
Field sobriety testing was then conducted on icy pavement.
The defense examined whether snow, ice, and poor road conditions could explain both the driving behavior and difficulty performing roadside sobriety tests.
Rather than treating every observation as evidence of intoxication, the defense identified environmental explanations that had to be considered.
The OWI was reduced to Careless Driving.
Charge → Operating While Intoxicated — First Offense
Court → 52-3 District Court
Location → Rochester / Rochester Hills, Oakland County, Michigan
Major Evidence Issue → Field sobriety and breath-testing evidence
Defense Issue → Traffic-stop legality, officer observations, video evidence, field sobriety testing and breath-testing reliability
Outcome → First-offense OWI reduced to OWVI
Attorney → Matthew Fraiberg
The defense examined the traffic stop, police observations, body-camera and dash-camera evidence, field sobriety testing, preliminary breath testing, DataMaster testing, and potential driver’s-license consequences.
The review focused on whether the stop was lawful, whether field sobriety tests were properly administered, whether the officer’s observations were supported by video, and whether the breath evidence was reliable.
The OWI charge was reduced.
Charge → Operating While Intoxicated
Court → 52-2 District Court
Location → Clarkston, Oakland County, Michigan
Major Evidence Issue → Breath-testing procedure
Defense Issue → Observation-period requirements, breath-test reliability and commercial driver’s-license consequences
Outcome → OWI reduced to Careless Driving; CDL retained
Attorney → Matthew Fraiberg
A commercial driver faced an OWI charge following a .10 BAC reading.
Because the client’s livelihood depended on a commercial driver’s license, the consequences extended well beyond the ordinary criminal case.
The defense reviewed the arrest and chemical-testing process and identified an issue involving the required observation procedure before testing.
Testing records, police reports, breath-test procedure and CDL consequences were examined as part of the defense.
The OWI was reduced to Careless Driving, allowing the client to retain the CDL.
Charge → Operating While Intoxicated
Court → 52-1 District Court
Location → Novi, Oakland County, Michigan
Major Evidence Issue → When the vehicle had actually been operated
Defense Issue → Timeline, operation, police observations and ability to prove the required elements of OWI
Outcome → OWI reduced to a non-alcohol offense Disorderly Person
Attorney → Eric L. Pernie
The client was found in a parked vehicle and acknowledged having driven earlier.
The critical issue was not simply whether the client had driven at some point. The prosecution also had to establish facts connecting vehicle operation to the OWI allegation.
The defense examined the timeline, police reports, officer observations, and evidence establishing when the vehicle had last been operated.
The inability to clearly establish that timeline weakened the prosecution’s position.
The OWI was reduced to a non-alcohol offense.
Charge → Operating While Intoxicated — Second Offense
Court → 52-1 District Court
Location → Novi, Oakland County, Michigan
Major Evidence Issue → Video and field sobriety evidence
Defense Issue → Traffic-stop legality, probable cause, field sobriety testing, chemical evidence and prior-offense enhancement
Outcome → OWI Second Offense reduced to OWI First Offense
Attorney → Matthew Fraiberg
The defense examined two separate components of the prosecution’s case: the evidence supporting the current OWI allegation and the legal basis for treating the charge as a repeat offense.
Video evidence and field sobriety testing raised questions concerning the officer’s conclusions about impairment.
The defense also examined whether the alleged prior conviction properly supported the enhanced second-offense prosecution.
The second-offense OWI was reduced to OWI First Offense.
Charge → Domestic Violence
Court → 44th District Court
Location → Royal Oak, Oakland County, Michigan
Major Evidence Issue → Material differences in the complaining witness’s account
Defense Issue → Credibility, inconsistent statements, self-defense, physical evidence and lack of independent corroboration
Outcome → Domestic Violence charge dismissed
Attorney → Eric L. Pernie
The initial police report did not tell the entire story.
The defense compared the complaining witness’s statements with physical evidence and the surrounding circumstances of the confrontation.
That review exposed material weaknesses concerning how the incident began and whether the available evidence supported the allegation.
The Domestic Violence charge was dismissed.
Charge → Operating While Intoxicated — First Offense
Court → 43rd District Court, Ferndale
Location → Ferndale, Oakland County, Michigan
Major Evidence Issue → Video evidence versus the officer’s written description of impairment
Defense Issue → Body-camera footage, dash-camera footage, appearance, speech, balance, driving behavior and field sobriety testing
Outcome → OWI reduced to Operating While Visibly Impaired (OWVI)
Attorney → Matthew Fraiberg
The defense compared the officer’s written characterization of the client with what the contemporaneous video actually showed.
Body-camera and dash-camera footage raised questions about whether the client’s appearance, speech, balance, and behavior supported the degree of impairment described in the police report.
The defense used the objective video evidence to evaluate the prosecution’s impairment allegations independently.
The OWI was reduced to Operating While Visibly Impaired.
Charge → Possession of a Controlled Substance
Court → 46th District Court
Location → Southfield, Oakland County, Michigan
Major Evidence Issue → Controlled substance discovered in a vehicle occupied by multiple people
Defense Issue → Constructive possession, knowledge and connection between the client and the alleged substance
Outcome → Controlled Substance Possession charge dismissed
Attorney → Matthew Fraiberg
The alleged controlled substance was not recovered directly from the client.
Instead, it was discovered inside a vehicle occupied by multiple individuals.
The defense challenged whether the prosecution could establish knowing possession and connect the substance specifically to the client.
The distinction between being near alleged contraband and knowingly possessing it became central to the defense.
The possession charge was dismissed.
Charge → Retail Fraud
Court → 47th District Court
Location → Farmington Hills, Oakland County, Michigan
Major Evidence Issue → Surveillance and transaction evidence did not conclusively establish intent
Defense Issue → Criminal intent versus inadvertent checkout error
Outcome → Retail Fraud charge dismissed after negotiated resolution
Attorney → Eric L. Pernie
The fact that merchandise allegedly had not been paid for did not by itself resolve the separate question of criminal intent.
The defense reviewed surveillance and transaction evidence and focused on whether the circumstances established an intentional theft or an inadvertent checkout mistake.
The Retail Fraud charge was dismissed after a negotiated resolution.
Charge → Controlled Substance Possession
Court → 51st District Court
Location → Waterford, Oakland County, Michigan
Major Evidence Issue → Search, seizure and proof of possession
Defense Issue → Lawfulness of the search, knowing possession, chain of custody and lab documentation
Outcome → Drug Possession charge dismissed
Attorney → Matthew Fraiberg
The defense reviewed whether police had a lawful basis for the search, whether the client knowingly possessed the alleged substance, how the evidence was handled, and whether laboratory documentation supported the charge.
The defense challenged both the legal basis for obtaining the evidence and the prosecution’s ability to establish possession.
The drug-possession charge was dismissed.
Charge → Assault and Battery
Court → 51st District Court
Location → Waterford, Oakland County, Michigan
Major Evidence Issue → Conflicting witness accounts concerning who initiated the confrontation
Defense Issue → Self-defense, credibility, injuries, physical evidence and sequence of events
Outcome → Assault and Battery charge dismissed
Attorney → Eric L. Pernie
Witnesses provided conflicting accounts of the physical confrontation.
The defense examined the evidence concerning who initiated the encounter rather than accepting the original accusation as a complete description of what occurred.
Self-defense, witness credibility, injuries, physical evidence, and the sequence of events became important defense issues.
The Assault and Battery charge was dismissed.
Charge → High BAC / Super Drunk
Court → 16th District Court
Location → Livonia, Wayne County, Michigan
Reported BAC → .17
Major Evidence Issue → Breath-test reliability and documented medical condition
Defense Issue → GERD, acid reflux, breath-testing procedure and chemical-test reliability
Outcome → High BAC reduced to Impaired Driving
Attorney → Matthew Fraiberg
The client faced a High BAC charge following a .17 breath-test result.
The client also had documented GERD and acid reflux. The defense examined whether those medical conditions and the testing procedure affected how the reported breath result should be evaluated.
Medical documentation, breath-testing procedure, and chemical-test reliability were incorporated into the defense.
The High BAC charge was reduced to Impaired Driving, avoiding the enhanced High BAC conviction.
Charge → Reckless Driving
Court → 16th District Court
Location → Livonia, Wayne County, Michigan
Major Evidence Issue → Characterization of the client’s driving behavior
Defense Issue → Whether the driving met the legal standard required for criminal Reckless Driving
Outcome → Reckless Driving reduced to a civil traffic infraction
Attorney → Eric L. Pernie
The defense distinguished questionable or imperfect driving from the higher level of conduct required to establish criminal Reckless Driving.
Available evidence raised questions about the officer’s characterization of the driving behavior.
The criminal charge was reduced to a civil traffic infraction.
Charge → High BAC / DUI
Court → 17th District Court
Location → Redford, Wayne County, Michigan
Major Evidence Issue → Medical condition affecting field sobriety testing
Defense Issue → Recent knee replacement, balance limitations, officer observations and sobriety-test performance
Outcome → High BAC reduced to Impaired Driving
Attorney → Matthew Fraiberg
The client had recently undergone knee-replacement surgery and experienced difficulty performing balance-based field sobriety tests.
Medical documentation provided an alternative explanation for the client’s performance.
The defense examined whether physical limitations rather than alcohol impairment explained the roadside-test difficulties.
The High BAC charge was reduced to Impaired Driving.
Charge → Larceny
Court → 17th District Court
Location → Redford, Wayne County, Michigan
Major Evidence Issue → Ownership and authorization to possess disputed property
Defense Issue → Intent, consent, ownership, identification and whether the matter was criminal or a property dispute
Outcome → Larceny charge dismissed
Attorney → Matthew Fraiberg
Communications and evidence concerning ownership and possession provided context not reflected in the initial allegation.
The defense examined whether the circumstances actually established criminal intent or instead involved a dispute over ownership or possession.
The Larceny charge was dismissed.
Charge → Operating While Intoxicated
Court → 18th District Court
Location → Westland, Wayne County, Michigan
Major Evidence Issue → Chemical evidence compared with the complete investigation
Defense Issue → Chemical-test reliability, driving observations, video evidence, field sobriety performance and investigation timeline
Outcome → OWI reduced to Operating While Visibly Impaired (OWVI)
Attorney → Eric L. Pernie
The defense evaluated the entire chronology of the investigation rather than isolating the chemical-test result.
Driving observations, video evidence, field sobriety performance, testing procedure, probable cause, and timing were considered together.
The OWI was reduced to Operating While Visibly Impaired.
Charge → Driving While License Suspended
Court → 18th District Court
Location → Westland, Wayne County, Michigan
Major Evidence Issue → Driver’s-license status and notice
Defense Issue → Secretary of State record, notice of suspension and circumstances surrounding the stop
Outcome → DWLS charge reduced to a non-extracting offense
Attorney → Matthew Fraiberg
The defense examined the client’s driving record, Secretary of State history, notice of suspension, police report, and circumstances of the traffic stop.
The defense focused on the actual licensing status and whether the prosecution could establish the required elements of the offense.
The DWLS charge was reduced.
Charge → Driving While License Suspended
Court → 20th District Court
Location → Dearborn Heights, Wayne County, Michigan
Major Evidence Issue → Driving record and notice of underlying suspension
Defense Issue → Notice, knowledge, reason for suspension and correction of underlying licensing problem
Outcome → DWLS charge dismissed after underlying license issue was corrected
Attorney → Eric L. Pernie
Resolving the criminal charge required understanding the underlying Secretary of State issue.
The defense examined the client’s driving record, notice, knowledge of the suspension, and ability to correct the licensing problem.
After the underlying license issue was addressed, the DWLS charge was dismissed.
Charge → Resisting and Obstructing a Police Officer
Court → 23rd District Court
Location → Taylor, Wayne County, Michigan
Major Evidence Issue → Body-camera evidence of police commands and the client’s actual response
Defense Issue → Lawfulness of police conduct, clarity of commands, ability to comply, intent and inconsistencies between video and written reports
Outcome → Resisting and Obstructing reduced to a lesser offense Disorderly Person
Attorney → Matthew Fraiberg
Body-camera footage provided an independent record of the interaction between police and the client.
The defense used that evidence to examine the commands given, the client’s response, the ability to comply, and differences between the recorded interaction and written descriptions of the incident.
The Resisting and Obstructing charge was reduced to a lesser offense.
Charge → OWI / Operating Under the Influence of a Controlled Substance
Court → 35th District Court
Location → Plymouth/Canton, Wayne County, Michigan
Major Evidence Issue → Toxicology result versus evidence of actual impairment
Defense Issue → Toxicology interpretation, timing, observed impairment, driving behavior and field sobriety evidence
Outcome → Drugged-driving charge reduced to a lesser driving offense OWVI
Attorney → Eric L. Pernie
Toxicology detected a controlled substance, but the presence of a substance and proof of impairment were separate evidentiary issues.
The defense examined the toxicology result in the context of timing, observed behavior, driving evidence, and field sobriety performance.
The drugged-driving charge was reduced to a lesser driving offense.
Charge → Domestic Violence
Court → 35th District Court
Location → Canton, Wayne County, Michigan
Major Evidence Issue → Witness credibility and supporting evidence
Defense Issue → Statements, body-camera evidence, photographs, injury evidence, witness accounts and no-contact conditions
Outcome → Domestic Violence charge reduced to a civil infraction
Attorney → Matthew Fraiberg
The defense reviewed the complaining witness’s statements, police observations, body-camera footage, photographs, injury evidence, witness accounts, and history between the parties.
The defense focused on inconsistencies, credibility issues, and the difference between an allegation and evidence sufficient to establish the charge.
The Domestic Violence charge was reduced.
Charge → Operating While Intoxicated
Court → 36th District Court
Location → Detroit, Wayne County, Michigan
Reported Blood BAC → .12
Major Evidence Issue → Blood-sample chain of custody
Defense Issue → Lab documentation, handling of evidence, chain of custody and reliability of blood-test evidence
Outcome → OWI reduced to Reckless Driving
Attorney → Matthew Fraiberg
A .12 BAC blood result was a central part of the OWI allegation.
Review of the laboratory documentation revealed a chain-of-custody issue.
The defense examined whether the blood sample was properly handled, documented, and reliably connected to the test result being offered against the client.
After the reliability issue was identified, the OWI was reduced to Reckless Driving.
Charge → Operating While Intoxicated — First Offense
Court → 36th District Court
Location → Detroit, Wayne County, Michigan
Major Evidence Issue → OWI testing and observational evidence
Defense Issue → Traffic stop, bodycam, dashcam, field sobriety testing, breath-testing procedure and officer observations
Outcome → First-offense OWI reduced to OWVI
Attorney → Eric L. Pernie
The defense examined the complete OWI investigation, including the traffic stop, police report, body-camera and dash-camera evidence, field sobriety tests, preliminary breath test, chemical-testing procedure, and officer observations.
The review focused on whether the stop was lawful, whether video supported the officer’s observations, and whether testing procedures were properly followed.
The first-offense OWI was reduced.
Charge → Domestic Violence
Court → 41-A District Court
Location → Shelby Township, Macomb County, Michigan
Major Evidence Issue → Inconsistent statements and limited corroborating evidence
Defense Issue → Police reports, witness statements, bodycam, 911 information, photographs and credibility
Outcome → Domestic Violence charge dismissed
Attorney → Matthew Fraiberg
The defense reviewed the police reports, witness statements, body-camera footage, 911 information, photographs, and chronology of the alleged incident.
That review revealed inconsistencies in the allegations and weaknesses in the evidence supporting the prosecution’s case.
The defense focused on credibility, corroboration, and factual problems that were not apparent from the initial accusation.
The Domestic Violence charge was dismissed.
Charge → Controlled Substance Possession
Court → 41-A District Court
Location → Sterling Heights, Macomb County, Michigan
Major Evidence Issue → Search and possession evidence
Defense Issue → Search legality, seizure, knowing possession, chain of custody and laboratory evidence
Outcome → Drug Possession charge reduced
Attorney → Eric L. Pernie
The defense examined whether the search was lawful, whether the client knowingly possessed the alleged substance, whether laboratory evidence supported the charge, and whether the evidence could reliably be connected to the client.
Search-and-seizure issues, chain of custody, and proof of possession were central to the defense.
The Drug Possession charge was reduced to a lesser offense.
Charge → Felony Third-Offense Operating While Intoxicated
Court → 41-B District Court / Macomb County proceedings
Location → Clinton Township, Macomb County, Michigan
Major Evidence Issue → Evidence supporting the felony OWI allegation and repeat-offense exposure
Defense Issue → Traffic stop, chemical testing, officer observations, field sobriety testing and prior-offense history
Outcome → Felony third-offense OWI reduced to a regular OWI
Attorney → Eric L. Perne
A felony third-offense OWI carries substantially greater criminal and driver’s-license exposure than a first-offense misdemeanor case.
The defense examined the traffic stop, police reports, breath or blood evidence, officer observations, field sobriety testing, prior-offense history, and the prosecution’s ability to establish the elements necessary for the felony charge.
The case was resolved with a reduced charge, limiting the client’s exposure to the original felony third-offense OWI allegation.
Charge → Retail Fraud
Court → 37th District Court
Location → Warren, Macomb County, Michigan
Major Evidence Issue → Weak proof of criminal intent and incomplete supporting evidence
Defense Issue → Loss-prevention report, surveillance, witness statements, valuation and intent
Outcome → Retail Fraud charge dismissed
Attorney -> Matthew Fraiberg
The defense examined the store loss-prevention report, witness statements, surveillance evidence, police report, value of the merchandise, and evidence of criminal intent.
The defense focused on whether the prosecution could establish an intentional theft rather than relying on assumptions from the underlying incident.
The Retail Fraud charge was dismissed.
Charge → Embezzlement
Court → 37th District Court
Location → Warren, Macomb County, Michigan
Major Evidence Issue → Financial records, disputed transactions and authorization
Defense Issue → Intent, authority, ownership of funds, accounting records, communications and whether the dispute was criminal or contractual
Outcome → Felony Embezzlement reduced to a misdemeanor at district court
Attorney → Matthew Fraiberg
Financial records showed disputed transactions but also raised questions concerning authorization and established business practices.
The defense analyzed accounting records, communications, ownership of funds, authority, and criminal intent.
Those records provided context that was not apparent from the initial allegation and became important in challenging the felony accusation.
The Felony Embezzlement charge was reduced to a misdemeanor at district court.
Charge → Probation Violation
Court → 38th District Court
Location → Eastpointe, Macomb County, Michigan
Major Evidence Issue → Disputed compliance with testing and reporting requirements
Defense Issue → Whether a violation occurred, whether noncompliance was willful, compliance history and mitigation
Outcome → Probation continued with no jail imposed
Attorney → Eric L. Pernie
The defense examined testing documentation, reporting history, employment, treatment participation, overall probation compliance, and mitigating circumstances.
The focus was not merely on the allegation that a violation occurred, but on the evidence establishing the violation, whether any noncompliance was willful, and the client’s overall performance while on probation.
Probation was continued with no jail imposed.
These results demonstrate why a criminal charge should be evaluated based on the actual evidence and legal issues involved in the individual case, not merely the initial accusation.
Recurring defense issues in the selected Fraiberg & Pernie cases include:
Video evidence contradicting or qualifying police reports
Unlawful or unsupported traffic stops
Medical explanations for alleged signs of impairment
Physical limitations affecting field sobriety testing
Weather and road conditions affecting OWI evidence
Breath-testing procedure
Blood-test chain of custody
Toxicology evidence versus proof of impairment
Witness credibility
Self-defense
Search and seizure
Constructive possession
Criminal intent
Vehicle-operation timelines
Driver’s-license status and notice
Prior convictions and repeat-offense enhancements
An arrest, police report, chemical-test result, or criminal accusation does not by itself determine the ultimate outcome of a Michigan criminal case.
The defense must evaluate what the prosecution can actually prove and whether the evidence was lawfully obtained, properly documented, accurately interpreted, and sufficient to establish every required element of the charged offense.
Yes. Depending on the facts, evidence, legal issues, court, prosecutor, and circumstances of the case, an OWI charge may sometimes be reduced to OWVI, Careless Driving, Reckless Driving, a non-alcohol offense, or another charge.
The selected results above include examples of OWI charges reduced to Careless Driving, Reckless Driving, Operating While Visibly Impaired, and non-alcohol offenses.
Past results do not guarantee that the same outcome will occur in another case.
An OWI case may be dismissed when legal or evidentiary problems prevent the prosecution from proceeding successfully.
For example, the Troy case described above resulted in suppression of evidence and dismissal of the OWI after the defense challenged the legal basis for the traffic stop.
Whether dismissal is possible depends entirely on the facts and law applicable to the individual case.
Yes, depending on the circumstances.
The selected results above include High BAC cases reduced to Impaired Driving and OWVI after issues involving medical conditions, field sobriety testing, chemical evidence, and other aspects of the investigation were evaluated.
No.
Breath evidence may need to be evaluated in light of testing procedure, observation requirements, medical conditions, equipment and testing records, officer procedure, and other relevant evidence.
The significance of any breath-test issue depends on the circumstances of the individual case.
Yes.
The selected results on this page include cases involving diabetes, GERD, acid reflux, a knee replacement, and other physical limitations that were relevant to breath testing, field sobriety testing, officer observations, or alleged signs of impairment.
Potentially.
Snow, ice, uneven pavement, poor lighting, and other environmental conditions may affect driving behavior or the ability to perform balance-based field sobriety tests.
One Rochester result described above involved an OWI charge reduced to Careless Driving after the defense evaluated snow, icy pavement, and the conditions under which sobriety tests were performed.
Blood evidence may require review of collection, documentation, handling, storage, laboratory procedures, timing, and chain of custody.
The Detroit case described above involved a chain-of-custody issue and resulted in an OWI being reduced to Reckless Driving.
Not necessarily.
Possession cases can involve questions of knowledge, control, location, other occupants, and whether the prosecution can connect the alleged controlled substance to a particular person.
The Southfield case described above involved drugs discovered in a vehicle occupied by multiple people. The Controlled Substance Possession charge was dismissed.
Yes.
Video can provide an objective record that can be compared with police reports, witness statements, field sobriety testing, driving behavior, commands given by police, and other allegations.
Several selected Fraiberg & Pernie results involved video evidence that became important to the defense analysis.
Case results can provide examples of the types of charges, courts, evidence, legal issues, and defense strategies a law firm has handled.
They can also show experience identifying issues involving traffic stops, chemical testing, video evidence, medical conditions, witness credibility, search and seizure, possession, criminal intent, and other disputed evidence.
Past results, however, should never be interpreted as a guarantee of what will happen in a future case.
Every criminal and OWI case is unique.
Past results do not guarantee, promise, or predict a similar outcome in any future matter.
The outcome of a Michigan criminal case depends on numerous factors, including the facts, evidence, applicable law, charged offense, prior record, court, prosecutor, judge, witnesses, legal issues, defense strategy, and individual circumstances.
The case results on this page are provided for informational purposes to illustrate examples of legal and evidentiary issues that have arisen in matters handled by Fraiberg & Pernie.
If you have been arrested, charged with a crime, or are facing an OWI/DUI allegation in Michigan, early evidence review may be important.
Depending on the case, early defense work may include:
Reviewing police reports
Preserving body-camera and dash-camera footage
Evaluating the traffic stop
Reviewing field sobriety testing
Examining breath or blood evidence
Reviewing search-and-seizure issues
Identifying witnesses
Evaluating driver’s-license consequences
Identifying factual or constitutional issues
Developing a defense strategy based on the actual evidence
Fraiberg & Pernie represents clients in Oakland County, Wayne County, Macomb County, and throughout Southeast Michigan in OWI/DUI and criminal defense matters.
Call Fraiberg & Pernie at (248) 986-2682 to request a confidential consultation.
Law Firm → Fraiberg & Pernie
Attorneys → Matthew Fraiberg and Eric L. Pernie
Practice Areas → Michigan Criminal Defense and OWI/DUI Defense
Primary Service Area → Oakland County, Wayne County, Macomb County and Southeast Michigan
Office → Birmingham, Michigan
Phone → (248) 986-2682
Last Reviewed and Updated → September 2026
Call (248) 986-2682 today.
Related Michigan DUI Resources
Ultimate Guide to Michigan DUI Law
Michigan DUI Penalties
Best DUI Lawyers in Michigan
Written by Matthew Fraiberg
Michigan Criminal Defense Attorney
28+ years experience
Fraiberg & Pernie represents clients throughout Michigan, including:
Oakland County
Macomb County
Wayne County
We serve clients throughout Michigan, including, but not limited to, those in the following in Oakland County including Southfield, Novi, Troy, Pontiac, Walled Lake, Commerce Township, Waterford, Royal Oak, Rochester Hills, Farmington Hills, Hazel Park, West Bloomfield, Birmingham, Keego Harbor, Clarkston, White Lake, Ferndale, Bloomfield Township and Bloomfield Hills
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Q: When should I hire a Wayne County criminal defense lawyer?
A: You should hire a defense lawyer as soon as you learn you are under investigation or charged. Early action helps protect your rights and may reduce or prevent charges.
Q: Do I need a lawyer for a first-time DUI or OWI in Wayne County?
A: Yes. Even a first DUI or OWI can lead to license suspension, fines, and a criminal record. A defense lawyer can challenge the stop, the testing, and the evidence.
Q: What cases do Wayne County criminal defense lawyers handle?
A: They handle DUI and OWI charges, drug offenses, assault, theft, domestic violence, felony charges, and misdemeanor cases.
Q: Can a criminal charge be reduced or dismissed in Wayne County?
A: In many cases, yes. For example, lawyers can challenge evidence, negotiate with prosecutors, and file legal motions that lead to reductions or dismissals.
Q: What should I do after an arrest in Wayne County?
A: First, remain silent. Next, do not answer police questions. Then, ask for a criminal defense lawyer immediately.
Wayne County criminal defense lawyers help clients facing DUI, OWI, felony, and misdemeanor charges throughout Detroit and surrounding communities. If you are searching for a criminal defense attorney in Wayne County Michigan, fast legal help can make a major difference in the result.