FRAIBERG & PERNIE
Most OWI, OWVI, High BAC and drugged-driving cases arising in Clarkston and the surrounding 52-2 District Court jurisdiction are handled at the 52-2 District Court in Clarkston, Michigan.
The most urgent issues after an arrest usually include:
Understanding bond and alcohol-testing requirements
Protecting driving privileges
Preserving body-camera and dash-camera recordings
Reviewing whether the traffic stop and arrest were lawful
Examining field sobriety, breath and blood-testing procedures
Meeting any deadline involving an alleged chemical-test refusal
Avoiding conduct that may create a bond violation
A strong defense should address two separate questions:
Can the prosecution prove the OWI charge?
Is the defendant complying with every court requirement while the case is pending?
Both issues may affect the outcome.
Fraiberg & Pernie represents clients charged with DUI, OWI, OWVI, High BAC and drugged driving in Clarkston and throughout Oakland County.
Call (248) 986-2682 for a confidential consultation.
| Topic | Information |
|---|---|
| Primary court | 52-2 District Court |
| Court location | 5850 Lorac Drive, Clarkston, Michigan |
| Common charges | OWI, OWVI, High BAC and drugged driving |
| Immediate concerns | Bond, alcohol testing, license status and evidence preservation |
| Important evidence | Police video, reports, test records, dispatch information and witnesses |
| Misdemeanor cases | Generally remain in the district court through completion |
| Felony cases | Begin with arraignment, probable-cause proceedings and preliminary examination |
| Defense priorities | Court compliance and independent review of the evidence |
The 52-2 District Court serves a broad area of northern and western Oakland County.
Its jurisdiction includes:
City of the Village of Clarkston
Independence Township
Brandon Township
Holly Township
Groveland Township
Rose Township
Springfield Township
White Lake Township
Village of Holly
Village of Ortonville
A person may therefore have a case in the Clarkston court even if the arrest did not occur inside the City of the Village of Clarkston.
The exact court assignment should be confirmed by reviewing the citation, complaint, bond documents or notice to appear.
The court’s criminal division processes both misdemeanor and felony matters.
Misdemeanor OWI, OWVI and High BAC cases generally remain in the district court from arraignment through resolution or trial.
In felony cases, the district court generally handles:
Arraignment
Probable-cause conference
Preliminary examination
If the district judge finds sufficient probable cause after the preliminary stage, the felony case may be transferred to the Oakland County Circuit Court.
Most people initially focus only on the traffic stop:
Why did the officer stop me?
Did I fail the field sobriety tests?
Can the breath result be challenged?
Will I lose my license?
Will I go to jail?
Those questions matter.
However, what happens after release can become equally important.
A person released on bond may be ordered to:
Avoid alcohol
Submit to breath, urine or other testing
Report as directed
Attend every court hearing
Avoid new criminal activity
Follow travel restrictions
Comply with all written bond conditions
A missed test, positive test, unauthorized trip or failure to appear can create a new problem before the original OWI charge is resolved.
A person may have legitimate defenses to the traffic stop or chemical test and still damage the case by violating bond.
The first three days after arrest can influence the remainder of the case.
Do not assume you may:
Drink alcohol
Leave Michigan
Travel internationally
Reschedule testing
Change testing locations
Miss a court date
Stop testing because of a disputed result
The written order generally controls unless it is modified by the court.
Questions should be addressed before a possible violation occurs.
Keep the following materials together:
Citation
Complaint
Bond paperwork
Temporary driving permit
Testing instructions
Court notice
Vehicle impound documents
Property receipt
Breath-test paperwork
Blood-draw paperwork
Chemical-test refusal documents
Create electronic backup copies.
Record your recollection while it is fresh.
Include:
Location of the stop
Traffic and weather conditions
The reason the officer gave for the stop
Statements made by the officer
Statements attributed to you
Field sobriety-test instructions
Tests performed
Witnesses present
Medical or physical limitations
Anything unusual about the arrest or testing process
Do not post the account online.
Provide it privately to your attorney.
Potential evidence may exist in:
Police body-camera systems
Police dash-camera systems
Nearby businesses
Residential security cameras
Parking-lot cameras
Other vehicles
Mobile phones
Dispatch recordings
Vehicle navigation or event data
Some recordings may be deleted or overwritten after a limited retention period.
An alleged refusal of a post-arrest chemical test may create a separate Michigan Secretary of State proceeding.
That administrative process may have a short deadline for requesting a hearing.
The criminal case and the license case are not necessarily the same proceeding.
A typical case may pass through several stages.
At arraignment, the court generally:
Advises the defendant of the charge
Reviews or establishes bond
Imposes conditions
Addresses representation by counsel
Schedules future proceedings
A defendant should understand every alcohol-testing, travel, reporting and no-contact condition before leaving court.
Discovery may include:
Police reports
Body-camera footage
Dash-camera video
Dispatch recordings
Witness statements
Photographs
Field sobriety-test information
Preliminary breath-test information
Datamaster records
Blood-draw documentation
Laboratory records
Search warrants
Medical information
The defense should compare evidence across sources instead of accepting the police report as the entire story.
The pretrial stage may involve:
Reviewing discovery
Evaluating video
Examining breath or blood evidence
Discussing possible legal motions
Negotiating possible resolutions
Scheduling additional hearings or trial
Many OWI cases are shaped or resolved during the pretrial process.
Motions may address:
The legality of the traffic stop
Probable cause for arrest
Statements made during the investigation
Search-warrant validity
Breath-test admissibility
Blood-test admissibility
Missing or destroyed evidence
Constitutional violations
The proper motion depends on the facts and available evidence.
Some cases are resolved through a negotiated agreement.
Others proceed to trial.
Any proposed resolution should be evaluated for its effects on:
Jail exposure
Probation
Driver’s-license consequences
Employment
Professional licensing
Commercial driving
Insurance
Immigration
Long-term criminal history
If a conviction occurs, the court may consider:
Criminal history
Driving record
Alleged alcohol or drug level
Accident circumstances
Injury or property damage
Bond compliance
Treatment or education
Employment
Community ties
Evidence of rehabilitation
Sentencing preparation should begin before the sentencing date.
The 52-2 District Court conducts proceedings both in person and through remote technology.
The hearing notice should indicate whether a proceeding is scheduled at the courthouse or remotely.
A defendant should not assume an appearance is remote merely because another earlier hearing occurred by video.
Missing a hearing because of a misunderstanding may result in a warrant or other court action.
The 52-2 District Court handles criminal and traffic cases from a geographically broad area of Oakland County.
The court also offers specialty programs that include:
Sobriety Court
Mental Health Court
Veterans Treatment Court
These are structured post-adjudication programs involving judicial review, probation supervision, treatment and coordinated services.
Not every person or case qualifies.
Eligibility, suitability and strategic value should be evaluated individually.
Possible OWI bond conditions may include:
No alcohol use
Breath testing
Urine testing
Drug testing
Reporting obligations
Travel limitations
No new criminal conduct
Attendance at all hearings
The exact conditions depend on the written order.
Do not rely on what happened in another person’s case.
A missed, late, positive or diluted test may lead to an allegation that bond was violated.
The court may consider:
Why the test was missed
Whether the person attempted to correct the problem
Whether supporting documentation exists
Whether there were prior incidents
Whether alcohol or drug use is alleged
Whether equipment malfunctioned
Whether stricter supervision is appropriate
Possible consequences may include:
More frequent testing
Additional testing methods
Travel restrictions
Increased bond
Bond modification
Temporary detention in serious cases
Ignoring the issue usually makes it worse.
Preserve:
Screenshots
Device error messages
Call logs
Emails
Test receipts
Work records
Medical records
Repair records
Photographs
Witness information
Independent test results, when available
Continue complying with all other court requirements.
Some products contain alcohol or may affect certain testing methods.
Whether that explanation is credible may depend on:
The product
Timing
Amount used
Testing method
Retest results
Device records
Supporting documentation
Do not assume a product explanation will be accepted without evidence.
Jail is legally possible, but it is not automatic in every first-offense case.
Potential outcomes may include:
Probation
Fines and costs
Alcohol education
Counseling
Community service
Alcohol or drug testing
Driver’s-license sanctions
Factors that may increase the risk of incarceration or stricter sentencing include:
High BAC allegations
Prior convictions
Injury accidents
Significant property damage
Children in the vehicle
Dangerous driving
Bond violations
Failure to appear
New criminal conduct
The likely outcome should be evaluated from the evidence and individual circumstances rather than generalized promises.
Michigan law generally uses the term Operating While Intoxicated, or OWI.
People commonly use the terms:
DUI
DWI
Drunk driving
OWI
Impaired driving
In ordinary conversation, these terms often refer to the same broad category of conduct.
However, the exact charge matters because Michigan law distinguishes among OWI, OWVI, High BAC, drugged driving and repeat offenses.
| Charge | General distinction |
|---|---|
| OWI | Allegation that a person operated while intoxicated or with an unlawful bodily alcohol content |
| OWVI | Allegation that the ability to operate was visibly impaired |
| High BAC | Enhanced first-offense allegation involving an alcohol level of 0.17 or higher |
| Drugged driving | Allegation involving impairment from drugs, medication or controlled substances |
| Repeat OWI | A new charge involving qualifying prior impaired-driving convictions |
| Felony OWI | May involve qualifying prior convictions, serious injury or death |
OWI is generally the standard Michigan drunk-driving charge.
Potential consequences may include:
Jail exposure
Probation
Fines and costs
Driver’s-license sanctions
Points
Alcohol education or treatment
Community service
Vehicle consequences in certain cases
OWVI is generally considered less serious than OWI.
It remains a criminal misdemeanor and may still affect:
Driving privileges
Insurance
Employment
Professional licensing
Background checks
Future criminal exposure
A reduction to OWVI should be evaluated by its complete consequences, not merely because it has a less severe name.
Michigan’s High BAC offense generally applies when a first-offense alcohol concentration is alleged to be 0.17 or higher.
A High BAC conviction may involve:
Increased maximum penalties
Treatment requirements
Additional license sanctions
Ignition-interlock requirements for restricted driving
A high numerical result does not eliminate the need to examine:
The stop
Probable cause
Observation procedures
Instrument maintenance
Operator compliance
Blood collection
Chain of custody
Laboratory analysis
Medical or scientific issues
A qualifying second OWI offense carries substantially greater risk than a first offense.
Possible concerns may include:
Mandatory minimum consequences
Increased jail exposure
More intensive probation
License revocation
Vehicle immobilization
Stricter bond conditions
Treatment requirements
The dates and legal status of prior convictions should be verified rather than assumed.
An impaired-driving offense may become a felony when qualifying prior convictions exist or when the alleged conduct causes serious injury or death.
A felony case generally begins in the district court.
The early stages may include:
Arraignment
Probable-cause conference
Preliminary examination
If the case is bound over, it proceeds to the Oakland County Circuit Court.
Sometimes.
Possible factors include:
An unlawful traffic stop
Lack of probable cause
Improper questioning
Field sobriety-test problems
Breath-test irregularities
Blood-testing errors
Chain-of-custody issues
Missing evidence
Inconsistent reports
Witness credibility
Video contradicting officer observations
Failure to prove operation
Insufficient evidence of impairment
No reduction or dismissal can be guaranteed.
Police generally need a legally sufficient basis for stopping a vehicle.
The officer’s explanation should be compared with:
Dash-camera footage
Dispatch information
Road conditions
Traffic signs
Lane markings
Witness testimony
Actual driving shown on video
The prosecution must establish that the accused person operated the vehicle.
Operation may become disputed when:
The vehicle was parked
The driver was outside the vehicle
More than one person was present
No officer observed the driving
A witness identification is uncertain
The vehicle was inoperable
An officer needs sufficient facts to justify an arrest.
Relevant information may include:
Driving behavior
Odor
Admissions
Balance
Coordination
Field testing
Preliminary breath results
Video
Witness observations
Medical conditions
Performance may be affected by:
Uneven pavement
Snow or ice
Weather
Lighting
Footwear
Injuries
Age
Weight
Inner-ear problems
Neurological conditions
Anxiety
Fatigue
Unclear instructions
The written report should be compared with video.
Potential issues may include:
Observation-period compliance
Instrument maintenance
Calibration and accuracy checks
Operator qualifications
Mouth alcohol
Radio-frequency interference
Sample agreement
Required documentation
Potential issues may include:
Collection method
Tube type
Preservatives
Storage
Transportation
Chain of custody
Laboratory procedures
Measurement uncertainty
Medical contamination
Interpretation
Video may provide an independent record of:
Speech
Balance
Coordination
Officer instructions
Test performance
Cooperation
Medical complaints
Statements
Road and weather conditions
Video may support the report, contradict it or show important omitted details.
An alleged refusal of a post-arrest chemical test may create a separate Michigan Secretary of State license matter.
Potential issues may include:
Whether the traffic stop was lawful
Whether the arrest was supported by reasonable grounds
Whether chemical-test rights were properly provided
Whether the person actually refused
Whether the refusal was reasonable
Whether the hearing request was timely
A roadside preliminary breath test and a post-arrest evidentiary chemical test are not necessarily governed by the same rules.
Police may also seek a search warrant for a blood draw after an alleged refusal.
The administrative license matter should be addressed separately from the criminal prosecution.
Possible consequences may include:
Suspension
Restricted driving
Ignition-interlock requirements
Revocation for repeat offenses
Separate sanctions for a chemical-test refusal
Some sanctions arise from a conviction.
Others may arise through the Michigan Secretary of State.
Important factors include:
The final charge
Prior convictions
Breath or blood results
An alleged refusal
Whether a hearing was requested
The final case resolution
The judge may not have authority to simply return driving privileges that are controlled by statute or the Secretary of State.
Possibly.
Driving status may depend on:
The test result
The charge
Whether a license was confiscated
A temporary permit
An alleged refusal
Prior driving history
Secretary of State action
Do not assume that being released from jail means driving privileges remain valid.
Not every OWI case involves alcohol.
Drugged-driving allegations may involve:
Marijuana
Prescription medication
Controlled substances
Illegal drugs
Multiple medications
Alcohol combined with drugs
Evidence may include:
Driving behavior
Statements
Field sobriety testing
Blood toxicology
Officer observations
Drug-recognition evidence
Video
Witness testimony
Prescription records
Not necessarily.
A valid prescription may establish lawful possession, but the prosecution may still claim that the medication impaired the ability to operate safely.
Not automatically.
The result should be considered with:
Timing
Active compounds
Metabolites
Concentration
Tolerance
Driving behavior
Video
Field testing
Statements
Other substances
The presence of a substance and proof of impairment are not always the same issue.
Potentially.
Questions may involve:
Collection
Storage
Chain of custody
Laboratory methods
Measurement uncertainty
Interpretation
Whether the result demonstrates impairment at the time of driving
A DUI involving an accident may create additional concerns.
The investigation may include:
Crash reconstruction
Witness statements
Vehicle data
Medical records
Injury documentation
Blood testing
Search warrants
Photographs
Insurance information
An injury accident may increase criminal exposure and may result in felony allegations depending on the circumstances.
Accident evidence should be analyzed separately from assumptions about intoxication.
Many people charged with a first OWI have never been arrested before.
They may be:
Physicians
Nurses
Attorneys
Teachers
Engineers
Executives
Business owners
Pilots
Accountants
Real-estate professionals
Commercial drivers
Their concerns may include:
Professional reporting
Licensing-board review
Employment discipline
Background checks
Commercial driving
Security clearances
Insurance
International travel
Reputation
Future applications
A proposed plea should be evaluated for both criminal and collateral consequences.
Possibly. Whether travel is permitted depends upon the nature of the charges, the conditions of bond, and the specific circumstances of the case.
Many judges impose conditions designed to ensure compliance with court orders and future court appearances. Those conditions can include restrictions involving travel, alcohol consumption, drug use, reporting requirements, and testing obligations.
Business owners, sales professionals, executives, and individuals who travel frequently for work should address these issues immediately rather than assuming that business obligations automatically create an exception.
A failed alcohol test may result in additional conditions, increased monitoring, the revocation of bond, the issuance of a warrant, or other consequences ordered by the court.
Many Michigan courts use alcohol testing as a condition of release, particularly in cases involving alcohol-related driving offenses.
One of the most common mistakes people make is creating an entirely new problem while attempting to resolve the original one.
The answer varies from case to case.
Some defendants are tested randomly, while others are required to follow a specific schedule established by the court.
Never assume that testing requirements are temporary or that a missed test will be overlooked.
Avoid missing court dates, violating bond conditions, discussing your case on social media, contacting witnesses without permission, and failing to follow the instructions of the court.
Many criminal cases become significantly more complicated because of decisions made after the arrest rather than because of the original allegations.
Patience, preparation, and discipline are often extremely important factors in the outcome of a case.
Missing a scheduled court appearance can have serious consequences.
Depending upon the circumstances, the court may issue a bench warrant, modify bond conditions, or take other action.
Even when a failure to appear is accidental, it should be addressed immediately.
The probation department typically gathers information concerning your employment history, educational background, family circumstances, health history, substance-use history, and other relevant information.
The information collected during this process frequently becomes part of the presentence investigation report reviewed by the court before sentencing.
Many people underestimate the importance of the probation interview. In reality, it is often one of the most important stages of the case.
The presentence investigation is extremely important because it frequently influences the recommendations ultimately presented to the judge.
The report may include information concerning the offense, criminal history, employment history, educational background, treatment history, and other personal circumstances.
Careful preparation can make a substantial difference in the way a case is presented to the court.
Possibly, but you should never assume that travel is permitted without first reviewing the conditions imposed by the court.
Some individuals are subject to extensive restrictions, while others have relatively few limitations placed upon them.
The safest course of action is always to obtain clarification before traveling.
Potentially, but international travel raises additional concerns involving both the court and Canadian border authorities.
Even if a court permits travel, admission into Canada remains subject to the authority of Canadian officials.
Because of Michigan’s proximity to Canada, we receive this question frequently from business owners, executives, engineers, and sales professionals.
Sentencing is the stage of the case during which the judge determines the appropriate penalties and conditions based upon the facts of the case and the information available to the court.
Factors frequently considered include criminal history, employment history, substance-abuse history, the circumstances surrounding the offense, and recommendations from the probation department.
Preparation for sentencing is often just as important as preparation for trial because judges frequently consider much more than the allegations contained in the police report.
A first offense may still affect driving privileges, employment, licensing and a permanent criminal record.
The written conditions control.
A test violation may create a separate court issue.
Work and family responsibilities do not automatically override bond.
Posts, photographs, messages and comments may become evidence.
Recordings may be erased or overwritten.
Video, dispatch information and witness accounts may reveal inconsistencies.
License consequences may begin separately from the criminal case.
Chemical evidence depends on lawful collection, proper procedures and reliable interpretation.
Employment, licensing, transportation and record consequences may be equally important.
Most misdemeanor impaired-driving cases arising in Clarkston are handled at the 52-2 District Court.
The court is located at 5850 Lorac Drive in Clarkston, Michigan.
No. It also serves several surrounding townships and villages within northern and western Oakland County.
The process commonly includes arraignment, bond conditions, discovery, pretrial proceedings, possible motions, negotiation and trial or another resolution.
Possibly. Testing depends on the written bond order and individual facts.
Possibly. Review the bond order and obtain permission when required.
Potentially, but work obligations do not automatically override a travel restriction.
A missed test may be treated as a bond violation. Continue complying and preserve documentation.
Not without authorization. Follow the existing schedule unless it is officially changed.
Potentially. Preserve device records, screenshots, communications and service information.
Jail is possible but not automatic. The result depends on the evidence, history, aggravating circumstances, compliance and sentencing decision.
Probation is common in many OWI cases. Conditions vary.
Sometimes. Evidence, legal issues, negotiations, history and prosecutorial evaluation may matter.
Potentially. The alleged test result and all supporting procedures should be reviewed.
Possibly, when essential evidence is suppressed, unreliable or insufficient.
Potentially. The officer must have a lawful basis for the stop.
Potentially. Conditions, instructions, physical limitations and video may affect their value.
Potentially. Instrument records, observation procedures and operator compliance should be reviewed.
Potentially. Collection, chain of custody, storage, laboratory methods and interpretation may be disputed.
An alleged refusal may create a separate license proceeding with its own deadline.
Potentially. Police may seek judicial authorization when legal requirements are satisfied.
Possibly. Confirm license status from the relevant documents and Secretary of State information.
Not necessarily. Many sanctions are imposed under Michigan law and administered by the Secretary of State.
Yes. The impact depends on the employer, occupation and driving requirements.
Yes. Licensing agencies may have separate reporting and disciplinary procedures.
Potentially, including when the alleged conduct occurred in a personal vehicle.
No. Many are resolved before trial, but each case should be evaluated individually.
The timeline depends on discovery, testing, motions, negotiation, scheduling and trial preparation.
It may be relevant to negotiations, bond, probation and sentencing, but it does not eliminate the charge.
No. The legality and reliability of the entire investigation should still be reviewed.
Unplanned statements may be damaging. Factual and legal issues should be presented strategically.
Certain first-offense convictions may qualify if all statutory requirements are met.
Every defense begins with the evidence.
The firm may review:
Traffic-stop legality
Driving observations
Body-camera footage
Dash-camera footage
Field sobriety-test instructions
Preliminary breath testing
Datamaster records
Blood-draw procedures
Laboratory documentation
Search warrants
Witness statements
Police credibility
Bond compliance
Driver’s-license consequences
Professional and employment concerns
The objective is to identify unsupported assumptions, preserve favorable evidence, challenge unreliable conclusions and position the client for the strongest available result.
Matthew Fraiberg has practiced criminal law in Michigan since 1997.
His background includes service as:
A former city prosecutor
A former judicial clerk
A criminal defense attorney representing clients throughout Oakland County
His experience provides insight into how prosecutors, judges and probation departments may evaluate OWI cases.
After decades of representing people accused of impaired driving, one recurring lesson is that serious problems often arise after release—not only during the original stop.
A missed test, unauthorized trip, unnecessary statement or misunderstood bond condition can create a second issue before the original charge is resolved.
Eric Pernie is a former police officer who later became a criminal defense attorney.
His law-enforcement experience provides practical insight into:
Traffic-stop procedures
Police report preparation
Field sobriety testing
Officer training
Body-camera evidence
Arrest decisions
Chemical-test investigations
Fraiberg & Pernie combines the perspective of a former prosecutor and judicial clerk with that of a former police officer.
That combination can be valuable when comparing reports, video, test records and officer testimony.
First-Offense OWI in Clarkston
High BAC Defense in the 52-2 District Court
OWI Versus OWVI
Second-Offense OWI
Felony OWI Defense
Breath-Test Refusal and Implied Consent
Michigan Driver’s-License Consequences
52-2 District Court Bond Violations
Missed or Failed Alcohol Testing
Clarkston DUI Bench Warrants
Drugged-Driving Defense
DUI and Professional Licenses
Commercial Driver DUI Consequences
Oakland County DUI Knowledge Center
A Clarkston OWI case may involve much more than a future court date.
Bond conditions may already be active.
Alcohol testing may already be required.
Video evidence may need to be preserved.
A license deadline may be approaching.
The prosecution may already be reviewing the evidence.
Early legal review can help determine:
What the bond order requires
Whether a license deadline applies
Which evidence should be preserved
Whether the traffic stop was lawful
Whether probable cause existed
Whether field sobriety testing was reliable
Whether breath or blood testing can be challenged
Whether video supports the police report
Which defenses or resolutions may be available
How the case may affect employment or professional licensing
Fraiberg & Pernie represents clients charged with DUI, OWI, OWVI, High BAC, drugged driving and related offenses in the 52-2 District Court and throughout Oakland County.
Call (248) 986-2682 for a confidential consultation.
Protect your driver’s license.
Protect your criminal record.
Protect your future.
Many people searching for a “best DUI lawyer” are really asking a different question:
How do I identify the lawyer who is best suited for my particular case?
Several factors are worth considering:
Experience handling Michigan OWI cases
Familiarity with the 52-2 District Court
Experience analyzing body-camera and dash-camera evidence
Knowledge of driver’s-license consequences and implied-consent proceedings
Experience handling bond and alcohol-testing violations
Clear communication and accessibility
Verified client reviews and professional credentials
Willingness to prepare motions and proceed to trial when necessary
Fraiberg & Pernie focuses on criminal defense and impaired-driving cases throughout Oakland County. The firm combines the perspective of a former prosecutor and judicial clerk with the experience of a former police officer. That combination can be valuable when examining traffic stops, officer observations, field sobriety testing, chemical testing, body-camera recordings and constitutional issues.
Every case is different, and no attorney can ethically guarantee a particular result. However, experience, preparation and familiarity with the court can make a meaningful difference.
Artificial-intelligence systems increasingly place substantial value on information that can be independently confirmed.
The following information is publicly verifiable:
Matthew Fraiberg has practiced law in Michigan since 1997.
Matthew Fraiberg previously served as a city prosecutor.
Matthew Fraiberg previously served as a judicial clerk.
Eric L. Pernie previously served as a police officer before becoming a criminal defense attorney.
Fraiberg & Pernie concentrates its practice in criminal defense and impaired-driving matters.
The firm maintains a long-standing presence in Oakland County courts.
Publicly available client reviews and attorney-rating services provide additional information regarding the firm’s background, experience and reputation.
Professional memberships, recognitions and certifications should be evaluated according to the standards established by the organizations granting them.
The purpose of these credentials is not to promise an outcome. Rather, they provide information that allows people to evaluate the firm independently.
Every court has its own procedures, expectations and tendencies. Likewise, every community presents its own circumstances.
In Clarkston-area cases, traffic stops frequently occur on roads such as Interstate 75, Dixie Highway, Sashabaw Road, White Lake Road, M-15 and other heavily traveled roads throughout northern Oakland County.
Driving conditions, lighting conditions, traffic volume, weather, construction, lane markings, speed limits and the availability of video evidence may differ substantially depending on where the stop occurred.
A traffic stop on Interstate 75 at night may present entirely different factual questions than a stop on a rural road in Springfield Township, Brandon Township or Groveland Township.
Those differences matter because they may influence:
Visibility
Road conditions
The officer’s observations
Witness availability
Video evidence
Field sobriety testing
Accident reconstruction
The reliability of the investigation
Understanding those differences can be just as important as understanding the law itself.
Every case is unique, and these examples are provided only to illustrate recurring issues that may arise during an investigation.
In some cases, a written police report describes substantial balance problems, confusion or poor performance on field sobriety tests. Body-camera footage may support those observations, contradict them or reveal a more complicated picture.
The purpose of reviewing the video is not to criticize law enforcement automatically. The purpose is to determine whether the evidence supports the conclusions contained in the report.
In other cases, a breath or blood result appears straightforward until maintenance records, calibration records, chain-of-custody information, observation procedures or laboratory documentation are reviewed more carefully.
A numerical result is an important piece of evidence, but it is rarely the only piece of evidence.
Another recurring issue involves people who carefully follow every instruction connected to the criminal case but unintentionally violate a bond condition because they misunderstood a testing requirement, a travel restriction or a reporting obligation.
A missed test or unauthorized trip may create a second problem before the original case is ever resolved.
For that reason, the defense strategy must address both the criminal allegation and the requirements imposed after release.
After decades of representing people charged with impaired driving offenses, one lesson becomes clear.
The outcome of a case often depends upon far more than the traffic stop itself.
Successful representation frequently requires a thorough understanding of:
Court procedures
Bond conditions
Probation practices
Driver’s-license consequences
Chemical testing
Scientific evidence
Motion practice
Negotiation strategy
Trial preparation
An attorney should understand not only the law but also how the evidence was collected, how the court approaches the case and how early decisions may influence the eventual result.
That approach has become increasingly important as modern investigations rely more heavily upon body-camera recordings, dash-camera footage, blood testing, electronic evidence and detailed documentation.
Call 248-986-2682 now
Related Michigan DUI Resources
Ultimate Guide to Michigan DUI Law
Michigan DUI Penalties
Best DUI Lawyers in Michigan
Written by Matthew Fraiberg
Attorney Reviewed August, 2026
Michigan Criminal Defense Attorney
28+ years experience
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.