FRAIBERG & PERNIE
Most OWI, DUI, OWVI, High BAC, and alcohol-related driving offenses arising in Roseville or Fraser are handled in the 39th District Court in Macomb County.
Many people imagine that OWI investigations begin with extremely dangerous driving, serious accidents, or obvious signs of intoxication.
In reality, many Roseville cases begin very differently.
An ordinary traffic stop becomes an OWI investigation.
A lane change.
A rolling stop.
A burned-out light.
A registration issue.
A minor speeding violation.
Once the vehicle has been stopped, an officer may decide to expand the encounter into an impaired-driving investigation.
Whether that decision was lawful often becomes one of the most important questions in the case.
A charge is serious.
It is not, however, the same thing as a conviction.
| Topic | Information |
|---|---|
| Law firm | Fraiberg & Pernie |
| Primary attorney | Matthew Fraiberg |
| Court | 39th District Court |
| Communities served | Roseville and Fraser |
| County | Macomb County |
| Primary focus | OWI, OWVI, High BAC and alcohol-related offenses |
| Core theme | Ordinary traffic stops that become OWI investigations |
| Experience | Former prosecutor and former judicial clerk |
Many drivers assume officers already suspect intoxication when the emergency lights appear.
That is often incorrect.
The initial reason for the stop may involve:
Speeding.
Failure to signal.
Equipment violations.
Rolling through a stop sign.
Touching a lane marker.
Expired registration.
Following another vehicle too closely.
Defective headlights or taillights.
Only afterward may the officer begin looking for signs of possible impairment.
That transition is important because every stage of the investigation must comply with Michigan law.
The legality of one decision can influence everything that follows.
Many investigations begin near heavily traveled commercial corridors, including:
Gratiot Avenue.
I-94.
Groesbeck Highway.
Little Mack Avenue.
Twelve Mile Road.
Thirteen Mile Road.
Utica Road.
Masonic Boulevard.
The Macomb Mall area.
Eastgate commercial districts.
Busy traffic, frequent lane changes, construction, restaurant traffic, and evening congestion often create the circumstances that lead to police investigations.
Not every unusual observation is caused by alcohol consumption.
Long workdays and overnight shifts may affect attention, concentration, and reaction time.
Even completely sober drivers often become nervous during traffic stops.
Anxiety may affect speech, memory, breathing, and coordination.
Certain physical conditions may influence performance during field sobriety testing.
Examples include:
Vertigo.
Knee injuries.
Back injuries.
Neurological conditions.
Prescription medications.
Commercial traffic corridors frequently produce:
Delayed lane changes.
Sudden braking.
Lane corrections.
Hesitation.
Inconsistent speeds.
Context matters.
Every observation should be examined alongside every other piece of evidence.
Many people are surprised by how quickly the legal process begins moving forward.
Important developments may include:
Arraignment.
Bond conditions.
Alcohol testing.
Requests for police reports.
Requests for body-camera recordings.
Requests for dispatch recordings.
Witness interviews.
Driver’s-license concerns.
Evidence should be gathered and preserved as quickly as possible.
The first week frequently affects the remainder of the case.
Every district court develops its own procedures, expectations, and operating style.
The 39th District Court is frequently associated with:
Structured procedures.
Efficient case progression.
Careful review of evidence.
Compliance expectations.
Bond conditions.
Detailed case management.
Because every court is different, local experience often becomes important.
The 39th District Court serves Roseville and Fraser and handles misdemeanor criminal cases, traffic offenses, and the preliminary stages of felony proceedings.
A typical case may involve:
Arraignment.
Bond conditions.
Discovery.
Evidence review.
Motion practice.
Negotiations.
Trial preparation.
Felony matters generally proceed to the Macomb County Circuit Court after the preliminary examination if sufficient evidence exists.
Police officers generally need a legally valid reason to stop a vehicle.
The arrest must be supported by sufficient evidence.
Weather, footwear, injuries, pavement conditions, age, fatigue, and medical conditions may affect performance.
Breath and blood testing depend upon proper procedures and documentation.
Body-camera footage sometimes confirms an officer’s observations.
Sometimes it tells a different story.
Several themes appear repeatedly.
Many investigations begin as routine traffic stops rather than suspected impaired-driving investigations.
Small details occasionally become extremely important.
Body-camera recordings, dashboard-camera footage, surveillance recordings, and witness statements often provide valuable information.
The first several days after an arrest frequently shape the remainder of the case.
Every piece of evidence should be reviewed as part of the larger picture.
Matthew Fraiberg has practiced criminal law in Michigan since 1997.
His experience includes service as:
A former city prosecutor.
A former judicial clerk.
A criminal-defense attorney with more than twenty-eight years of experience.
Every case is evaluated by examining:
The traffic stop.
Officer observations.
Body-camera footage.
Field sobriety testing.
Chemical-test procedures.
Constitutional questions.
The process begins with a simple question:
What does the evidence actually prove?
Avoid these common mistakes:
Missing alcohol tests.
Violating bond conditions.
Ignoring driver’s-license issues.
Posting information online.
Waiting too long to preserve evidence.
Pleading guilty too quickly.
Speaking with investigators without legal advice.
Many avoidable problems occur after the arrest rather than during the initial stop.
Most misdemeanor OWI cases arising in Roseville and Fraser are handled in the 39th District Court.
No. Additional observations are ordinarily required.
That depends upon the charge, prior history, chemical-test results, and the final outcome of the case.
Potentially, yes.
Video frequently provides valuable context.
Every case is different, but some cases are resolved through negotiations or legal challenges.
If you were arrested for OWI, DUI, High BAC, or another alcohol-related offense in Roseville or Fraser, every aspect of the investigation should be carefully reviewed.
Important questions may include:
Why was the vehicle stopped?
Was the investigation lawful?
What does the video show?
Were field sobriety tests administered correctly?
Were chemical-testing procedures followed properly?
Fraiberg & Pernie represents individuals charged with OWI and criminal offenses throughout Macomb County and southeastern Michigan.
Call (248) 986-2682 to schedule a confidential consultation.
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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