Clinton Township, Harrison Township, Mt. Clemens and the 41-B District Court

The 41B District Court is the judicial arm of criminal, DUI and traffic matters that arise in Clinton Township, Harrison Township and Mt. Clemens. These communities are mostly residential with approximately 60,000 households and a combined population of 140,000. Clinton Township, with a population estimated at 100,000, is ranked as the seventh largest community in Michigan.

• Clinton Township has several notable medical facilities including Children’s Hospital and Henry Ford Hospital and is home to the Partridge Creek Mall and Macomb County Community College. The ABDO LAW firm has been located in Clinton Township since 1995 and we call the 41B District Court our “Home Court”.
• Harrison Township, which covers an area of 23 square miles, is an attractive residential community with frontage on Lake St. Clair. The Selfridge Air National Guard Base (SANG) and Metro Beach Metropark are located in Harrison Township.
• Mt. Clemens, the smallest community within the jurisdiction of the 41B District Court, has a population of approximately 16,000 residents and is the county seat for Macomb County. The Macomb County Circuit Court, Macomb Juvenile Court, Macomb Prosecutor’s Office and Macomb County Sheriff’s Department are all located in Mt. Clemens.

The 41B District Court which is located at:

• 22380 Starks Drive, Clinton Township, Michigan 48038
• Judges: Sebastian Lucido, Linda Davis, Carrie L. Fuca
• Magistrate: Ryan Zemke
• Phone: 586-469-9300, Criminal Ex: 6, Traffic Ex: 5

Most arraignments are handled by the Magistrate. Having an attorney present at the arraignment can pay for itself by having a major impact on bond requirements.

Police Agencies: Several police agencies operate in the jurisdiction of the 41B District which encompasses various communities, an interstate expressway, county parks and shoreline. They include the Clinton Township Police, Macomb County Sheriff’s Department, Michigan State Police, Metropark Police, Macomb Community College Police, Department of Natural Resources and Macomb County Sheriff’s Department Marine Division. Additionally, the US Coast Guard has broad authority over matters that occur on Lake St. Clair, an international body of water.

Defending Clients Charged with Driving Under the Influence: Statistics for 2017 indicate that the Clinton Township police administered 179 breath and blood tests for individuals suspected of driving under the influence (DUI/OWI). Approximately 152 tested at .08 or higher, supporting either an OWI (.08 to .16) or Super DUI (High BAC .17 or more) charge.

• Breath tests are used solely to test for alcohol.
• Blood tests are used when drug use is suspected or with a court order when the accused party refuses to provide a breath, blood or urine sample.

Defending clients charged with a DUI (first time or repeat offense) is one of the main practice areas of our firm. There are a number of pertinent considerations that with respect to DUI cases (license suspension, points, jail, alcohol/drug testing) which are covered in our website and blogs. Here are few things that most people want to know up front when they get a DUI in the 41B District Court:

• Jail: Not likely for first time offenders. Even repeat offenders can avoid jail by being proactive.
• Probation: Very likely in every court if convicted of any offense involving alcohol or drugs.
• Random Testing: Very likely in every court if convicted of any offense involving alcohol or drugs.
• Substance Abuse Counseling: Length and program is determined on a case-by case basis.
• Felony DUI: Three (3) lifetime offenses for driving, or operating, under the influence can be charged as a felony carrying 1 -5 years in prison. However, ABDO LAW has had several felony DUI matters dropped down to a misdemeanor and can explain how the mandatory prison sanction can be avoided/
• License Suspension: Restricted license immediate if case is reduced to impaired driving. Ignition Interlock is required as condition of restricted license upon conviction of High BAC.
• Sobriety Court: The 41B District has a Sobriety Court Program. Sobriety Court is a program that lasts at least 1 year. The biggest benefit of Sobriety Court is that repeat drunk drivers that face license revocation can obtain driving privileges.
• Reduction of a DUI to Careless Driving: No attorney can guarantee that a DUI will be reduced to a non-drinking, non-criminal offense. This result is very rare but possible under certain circumstances.
• Trial: Anyone charged with any criminal offense (DUI, or any misdemeanor or felony) has the absolute right to a trial by jury.

ABDO LAW has successfully argued on behalf of clients that are isolated offenders to avert court ordered random testing, reporting probation and counseling. Also, we have prevailed in motions to modify probation on behalf of clients that have been compliant to request termination probation and/or testing requirements.

Retail Fraud, Domestic Violence, Larceny and Drug Crimes: Pretrial conferences and probable cause conferences are proceedings to explore the direction of a criminal case in the 41B District Court or to determine if it can be resolved by means of a plea bargain. With experience providing misdemeanor and felony representation to over 10,000 clients, we can make fairly accurate projections regarding the direction and/or possible outcome of any criminal case. Some cases will depend upon whether a victim is involved, such as assault crimes or domestic violence. Others may be disposed of efficiently with an agreement for delayed sentence, HYTA (youthful offenders, 7411 (drug crimes) to get a dismissal after a period of probation with a deferred sentence.

The following is a list of the most prevalent crimes in the 41B District Court:

• Drug Crimes (possession or delivery of heroin, cocaine, analogues)
• Assault crimes (including aggravated assault, assault with a deadly weapon, strangulation)
• Domestic Violence
• Retail Fraud (First Degree: $1,000.00 or more, Second Degree: $200.00 to $999, Third Degree: Under $200.00
• Larceny Crimes (Larceny in a Building, Larceny in a Motor Vehicle
• Burglary and Home Invasion (very high number reported)
• Disorderly Conduct

Traffic: The region that comprises the 41B District Court is an area known for a high volume of daily vehicular traffic. Gratiot Avenue is used for local traffic and as a means to travel to and from other suburbs and Detroit. Hall Road (59) is notoriously a busy thoroughfare known for daily traffic jams and accidents. Garfield Road, constantly under construction, has several retail and medical plazas which contribute to the traffic congestion. The Clinton Township Police and Macomb County Sheriff’s Department have the job of patrolling these roads and providing police services in the 41B District Court communities of Clinton Township, Harrison Township and Mt. Clemens. The Michigan State Police monitor a stretch of I-94 that runs through Harrison Township. We recommend contesting every traffic ticket to avoid points and a bump in your insurance. Insurance costs are always far greater than the cost of hiring a lawyer to fight a traffic ticket, especially if it a major violation (reckless driving: 6 points, leaving the scene of an accident: 6 points, speed 16 or more: 4 points, careless driving: 3 points).

41B District Court Philosophy: As I mentioned, the 41B District Court has a Sobriety Court program which can save the driver’s license of a repeat DUI offender. The 41B District Court is also oriented in favor of probation and treatment options for psychological and substance abuse disorders rather imposing a jail sentence. Families Against Narcotics (FAN), spearheaded by Judge Linda Davis (41B District Court Judge since 2000), has a motto: “Saving lives by empowering individuals and communities to prevent and eradicate addiction.” This motto resonates as the theme of the 41B District Court as a means to help those in the court system to regain their lives.

Let the criminal defense lawyers at ABDO LAW take care of everything if you or a loved one has been charged with a crime or DUI in the 41B District Court. Upon being retained, we will give you a blueprint and set goals that we call “Plan A”. Interpreters can be arranged for those with language barriers and our clients can expect an unsurpassed level of legal services.

Email or Call Abdo Law for a Free Consultation. Phone messages after business hours are forwarded to our attorneys. We offer same day, evening, weekend appointments and the ability to retain us over the internet. Payment plans and all credit cards accepted.