The DUI Book - Michigan Edition
Note: The “A” definitions are adopted from Mr. Barone’s Book: The DUI Book - A Citizen’s Handbook on Fighting a Drunk Driving Charge. Order the book today to obtain the full glossary.
ACCUSATION - The charging document that a prosecutor uses to identify each specific type of crime alleged to have been committed by the defendant. An accusation in a DUI-DWI case is typically several “counts” (each count is written and considered as a separate offense then set forth and described separately in the accusation) that identify in general terms, how, when and in what fashion each offense was committed. In DUI-DWI practice, a person might be accused in alternative “counts” of an accusation with (1) DUI-alcohol (drunk driving), (2) DUI-per se (being above the state’s minimum mandatory alcohol blood level), (3) DUI-drugs [impairment from prescribed or illegal (i.e., cocaine) drugs], AND (4) DUI-alcohol AND drugs, by being under the combined impairing effects of both alcohol and some type of drug.
ACQUITTAL - A finding by a judge or jury that a person who was tried for committing a crime is not guilty.
ACUTE INTOXICATION - The term used by medical facilities to refer to intoxication that is “of clinical significance” (potentially fatal). Complications from acute intoxication may include trauma, aspiration (vomit getting into your lungs), delirium, coma, and convulsions, depending on the substance and method of administration.
ADJOURNMENT - Postponing or rescheduling a case or court session until another date or time. In some jurisdictions, this is called a “continuance.” Each state’s laws control when and under what circumstances an adjournment or continuance is available to either party.
ADJUDICATION - Generally, this term refers to a final judicial (by a court) determination of a decision in a pending case. In juvenile delinquency cases, it is the equivalent of a 'conviction.' In typical criminal cases, “adjudication” refers to the court entering its ruling of guilty or not guilty after a bench trial.
AFFIDAVIT - A written statement of fact that is verified by oath or affirmation before a notary public. These are commonly offered to the court, the judge and the jury to verify some fact or to confirm that some act has been accomplished.
AFFIRMATIVE DEFENSE - Without denying the charge, the defendant raises extenuating or mitigating circumstances such as insanity, necessity, or coercion to avoid civil or criminal responsibility. Another way of thinking of an affirmative defense would be as a valid excuse as to why the crime was committed or why the defendant should not be held to blame for the crime. The defendant usually must prove (or set forth some evidence of) any affirmative defense he/she raises. Court rules or state statutes typically require a defendant to notify the opponent before the trial that an affirmative defense will be asserted.
ALCOHOL - Derived from Arabic. Refers to a wide range of chemicals, whether suited forhuman consumption or not. The term “alcohol” is often used by lay persons to refer to alcoholic beverages made with ethyl alcohol or ethanol. The usual type of alcohol found in mixed drinks, wine and beer is ethanol. However, the chemical “alcohol” can be part of many products that contain some form of alcohol, often a different form of alcohol besides ethanol, as well as products such as sugarless chewing gum, breath sprays, medicines, mouth washes, cologne or deodorant. See Appendix E for a chart showing the wide range of chemicals that make up the alcohol family.
ALFORD PLEA - The so-called Alford plea is a form of “guilty” plea in which the defendant does not admit the act, but admits that sufficient evidence exists with which the prosecution could likely convince a judge or jury to find the defendant guilty. Upon receiving an Alford plea from a defendant, the court may immediately pronounce the defendant guilty and impose sentence as if the defendant had otherwise been convicted of the crime. However, in many states, such as Massachusetts, a plea that "admits sufficient facts" more typically results in the case being “continued without a finding” (see description below) and later dismissed. It is the appeal of the ultimate dismissal of charges that engenders most pleas of this type. This plea originated in the United States Supreme Court case of North Carolina v. Alford, 400 U.S. 25 (1970). After the Alford decision, the plea “Alford” plea generally has the same effect as a plea of guilty with respect to sentencing. Later use of the conviction as an aggravating factor (if
the defendant is later convicted of another offense) is allowed in all courts.
ALIBI - A "lack of presence" defense. The Defendant need not prove that he was elsewhere when the crime happened; rather, a Prosecutor must disprove a claimed alibi (i.e., Prosecutor must prove beyond a reasonable doubt that the defendant was present). Although rare in DUIDWI cases, some drivers may not be present after an accident when the police arrive at the scene. In most, if not all, states, the Defendant must notify the prosecution prior to trial if they are going to claim an alibi defense.
APPEAL - A request to take a case to a higher court for review of proceedings in a lower court. No new evidence may be introduced during the appellate process; the reviewing court considers only whether errors occurred during prior proceedings.
APPEARANCE - Although usually associated with an attorney’s “entry of appearance” (see below), this word can signify a client’s obligation to show up for court at the time, date and place indicated in a summons or other court notification.
APPELLANT - The party appealing an adverse decision or judgment to a higher court.
APPELLATE COURT - A court having jurisdiction over appeals as opposed to a trial court that allows witnesses to testify under oath and enters rulings on admission of documents, exhibits or testimony at the trial.
APPELLATE JURISDICTION - The power and authority of a court (established by state law) to review a case that has already been tried by a lower court.
APPELLEE - The party responding to an appeal filed by the opposite party in a higher court.
ARRAIGNMENT - Typically, the first court appearance after an arrest and release from jail on bond, where the charges are formally read, and one enters his or her plea of guilty or not guilty.
ATTORNEY - A lawyer; one who is licensed to act as a representative for another in a legal matter or proceeding; one who is licensed to practice law. Most attorneys are licensed in and practice in one state.
ATTORNEY-CLIENT PRIVILEGE - In all legal matters, the client (whether or not a party to litigation) has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication between client and lawyer. The attorney-client privilege authorizes a client to refuse to disclose, and to prevent others from disclosing, information communicated in confidence to the attorney and legal advice received in return. The objective of the privilege is to enhance the value which society places upon legal representation by assuring the client the opportunity for full disclosure to the attorney, unfettered by fear that others will be informed.While the privilege belongs only to the client, the attorney is professionally obligated to claim it on his client's behalf whenever the opportunity arises unless he has been instructed otherwise by the client.
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