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The Michigan Legal Team, PC
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The Michigan Legal Team, PC
Eric Kutinsky

24460 Telegraph Rd
Southfield MI 48033
(248) 353-3600

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Fax: (248) 353-3547


Eric I Kutinsky, PC

Please Call : (248) 353-3600


The Law Offices of Eric I. Kutinsky, P.C. will aggressively handle your felony or misdemeanor. Including drunk driving, OWI, DUI, DWLS, drug possession, domestic abuse, assault & battery, license restoration, traffic tickets and all other legal matters. Please don't hesitate to call...this is your life.

  • Visit the Law Offices of Eric I. Kutinsky, P.C. at:

    30300 Northwestern Highway - Suite 320

    Farmington Hills, MI 48334

    Of Counsel Rockind & Liss, PLLC
  • Please Call : (248) 353-3600 for a free consultation!

Personalized Service

At The Michigan Legal Team we provide you with the legal care and individualized service you deserve. Our lawyers will be straightforward with you, keeping you updated on the status of your case. All calls are returned as soon as possible. You will have direct contact with your lawyer who will answer your questions and provide explanations to dispel any confusion and ensure that you have an accurate understanding of the legal process.

Our Legal Approach

As attorneys, we take a very holistic approach to cases, that is to say, we consider the law from a comprehensive perspective and what will be best for the client. Based on this approach, we are able set proper expectations for cases, while relentlessly pursuing favorable outcomes. Thorough case preparation allows us to devise effective case strategies, and we recognize what may serve one particular client well does not necessarily do so for another. In that regard we tailor our legal approach for each case. For some clients, negotiating a settlement quickly after filing a claim best serves their interests. For others, it may be more appropriate to file a claim and then a lawsuit. With yet other clients, carrying litigation through to trial by judge or jury may more effectively suit their objectives.

Our Mission

At The Michigan Legal Team, our mission is to provide a high standard of legal care with an emphasis on client satisfaction.

Arrange a Consultation

We invite you to arrange a consultation to discuss your legal issues. Please E-Mail Us or call our office at 248-353-3600, or toll free at (877) 353-3600. We will schedule an appointment for you to speak with a lawyer.

About Eric I Kutinsky:

Eric earned his Juris Doctorate at The Thomas M. Cooley Law School. Upon receiving his Juris Doctor, he clerked for the Honorable Wendy Potts at the Sixth Circuit Court in Oakland County, Michigan. During law school, Eric participated in Cooley’s Practical Learning Experience and interned at the 54-A District Court in Lansing, Michigan as a Judicial Law Clerk for Chief Judge Beverley Nettles-Nickerson.

Eric was President of The Jewish Law Students Association while at law school and was an active member of the State Bar of Michigan Student Division.

After completing his undergraduate studies at The University of Michigan, with a Bachelors degree in Business Administration, Eric clerked for Mindell, Panzer & Malin, focusing on Business Law.




Please Call : (248) 353-3600 

Firm Overview

The Law Offices of Eric I. Kutinsky, P.C. is a Premier Criminal Defense Law Firm that advocates client's rights. Their mission is to provide a high standard of legal care with an emphasis on client satisfaction. Eric I. Kutinsky provides legal care that is confidential and professional. Eric is experienced, knowledgeable, and successful.

The Law Offices of Eric I. Kutinsky, P.C. always puts the client first. Clients are fully informed of the status of their case at all times. Phone calls are returned within a twenty-four hour period. Follow up letters are standard office practice. Deferring to a client's needs at every critical state of litigation solidifies the confidence and trust crucial to the client's case.

Practice Areas

The firm has extensive experience defending the rights of people arrested and accused of criminal offenses.


  • Auto/Trucking Accident
  • Child Custody
  • Civil Litigation
  • Collection
  • Criminal Law
  • Divorce
  • Drivers License Restoration
  • Drunk Driving (DUI/DWI)
  • Gaming Law
  • General Practice
  • Lemon Law
  • Personal Injury
  • Wills and Trusts
  • Worker's Compensation

Attorney Profile

Background and Achievements

  • Completed his undergraduate studies at The University of Michigan where he received a Bachelors degree in Business Administration and focused on Business Law.
  • After college, Eric was a law clerk for Mindell, Panzer & Malin.
  • In January 1997, Eric embarked on his legal career and enrolled at The Thomas M. Cooley Law School.
  • While at law school, Eric was President of The Jewish Law Students Association and an active member of the State Bar of Michigan Student Division.
  • In addition, Eric participated in Cooley's Practical Learning Experience and interned at the 54-A District Court in Lansing, Michigan as a Judicial Law Clerk for Chief Judge Beverley Nettles-Nickerson.
  • Upon receiving his Juris Doctor, Eric continued to work for the court system and clerked for the Honorable Wendy Potts at the Sixth Circuit Court in Oakland County, Michigan.
  • B.B.A, University of Michigan, June 1996
  • J.D., Thomas M. Cooley Law School, September 1999
  • Graduate of the National Criminal Defense College, July 2003

  • American Bar Association
  • State Bar of Michigan
  • American Trial Lawyers Association
  • Michigan Trial Lawyers Association
  • National Association of Criminal Defense Lawyers
  • Criminal Defense Attorneys of Michigan

Criminal FAQ

What Do I Do When I Am Stopped By Police While Driving?

From the moment the officer stops you, he or she can record everything you say and use it against you. One of the first things an officer may say to you is, "Do you know why I pulled you over?" This is a common technique that police may use to get you to confess to a possible road violation. As soon as the officer approaches the vehicle, say, "Good afternoon, officer. Can you tell me why I am being pulled over?" When the officer asks for your license and registration, pull them out slowly and hand them to the officer. Try not to say anything while the officer is reviewing the documents. Don't tell the officer you are late for a meeting or you have to pick up your kids from school because that could be considered a reason for speeding or reckless driving. Wait until the officer asks you questions before you speak.The officer may ask you a series of questions about how fast you were going, where you were going and what you were doing. Answer any questions you can honestly. You don't want to provide the officer with any false information at any time. If you don't know the answer, simply respond, "I don't know." REMEMBER: You may always refuse to answer any question and request your attorney. If the officer writes you a ticket, accept it quietly. Listen to any further instructions, including information on how long you have to pay the fine or what you must do if you want to contest it. If the officer just gives you the ticket without explaining what your rights are you may be able to successfully challenge the ticket in court.

Before you leave the scene, write down the following information:
  1. Exact Location of yourself (when you think the Police Officer tagged you with the radar/paced your speed and where you pulled over)
  2. Traffic and Weather Conditions, including adjacent vehicles
  3. Any possible interference with Radar Signal (i.e. Airport, Bank, etc.)
  4. Other Relevant Information

Can I Just Plead Responsible And Pay The Ticket?

Yes, you can like 85% of Americans, but it is not in your best interest. Almost every time you plead responsible to a civil infraction, it is posted to your driving record; you receive points and a heavy fine. For insurance purposes these points count against you for a 3-year period. One ticket on your record could result in $1,000's in insurance surcharges that you have to pay. It is estimated that over 100,000 tickets are handed out each day. Do the math yourself and you can easily see who the real winner is if you merely plead responsible and pay the fine.

Does A Cop Have The Right To Search My Car?

Probably not! If the police ask to look around inside your car, tell them: "NO, I have a Constitutional Right to be free from all unreasonable and warantless search and seizures. A cop can't search your car without probable cause, a warrant, or your permission. In order to have probable cause the cop has to be convinced that you are hiding something illegal or there is a crime afoot. REMEMBER: Anything in the open that they see may give rise to probable cause.

Who decides how the criminal justice system works?

Though legislators have relatively unfettered power to decide whether a certain behavior should be a crime, many rules limit the ways in which the state or federal government can prosecute someone for a crime. These restrictions start with the U.S. Constitution's Bill of Rights, which provides basic protections-such as the right to refuse to testify against oneself, the right to confront one's accusers and the right to a trial by jury-for people charged with crimes. State constitutions may increase (but not take away from) the federal protections. Federal and state legislatures can pass laws governing how criminal procedures work in their jurisdictions, but these laws cannot reduce the protections offered by the federal and state constitutions.

The interplay between constitutional provisions and legislative enactments is regulated by our courts. Courts decide whether or not a particular legislative rule, court practice or police action is permissible under federal and state constitutional law. What may seem like a slight variation from one case to another can be, in the eyes of a court, the determining factor that leads to a vastly different result. For example, a police officer is frisking a suspect on the street and feels a hard object in the suspect's pocket. Suspecting that the object is a possible weapon, the officer reaches into the pocket and finds both a cardboard cigarette box and a packet of heroin. This action by the police officer -- reaching into the pocket -- would be deemed a permissible search under the rulings of most courts (to protect the officer's safety), and the heroin could be admitted into court as evidence. However, if the object felt by the officer was soft and obviously not a weapon, then reaching into the suspect's pocket might be deemed an illegal search, in which case the heroin couldn't be used as evidence.


What's the difference between a felony and a misdemeanor?

Most states break their crimes into two major groups-felonies and misdemeanors. Whether a crime falls into one category or the other depends on the potential punishment. If a law provides for imprisonment for longer than a year, it is usually considered a felony. If the potential punishment is for a year or less, then the crime is considered a misdemeanor. In some states, certain crimes, called "wobblers," may be considered either a misdemeanor or a felony, because under some conditions the punishment may be imprisonment for less than a year, and in other situations, the criminal may go to prison for a year or more.

Behaviors punishable only by fine are usually not considered crimes at all, but infractions-for example, traffic tickets. But a legislature may on occasion punish behavior only by fine and still provide that it is a misdemeanor -- such as possession of less than an ounce of marijuana for personal use in California.


Searches & Seizures: The Limitations of the Police

     Although people in the United States are entitled to privacy and freedom from government intrusion, there is a limit to that privacy. State or federal police officers are allowed, where justified, to search your premises, car, or other property in order to look for and seize illegal items, stolen goods or evidence of a crime. What rules must the police follow when engaging in searches and seizures? What can they do in upholding the laws, and what can't they do?

What the Police MAY Do:
  • Under the Fourth Amendment to the U.S. Constitution, police may engage in "reasonable" searches and seizures.
    • To prove that a search is "reasonable," the police must generally show that it is more likely than not that a crime has occurred, and that if a search is conducted it is probable that they will find either stolen goods or evidence of the crime. This is called probable cause.
    • In some situations, the police must first make this showing to a judge who issues a search warrant. In many special circumstances, however, the police may be able to conduct a search without a warrant. In fact, the majority of searches are "warrantless."
  • Police may search and seize items or evidence when there is no "legitimate expectation of privacy." In other words, if you did not have a privacy interest in the items or evidence, the police can take them and, in effect, no "search" has occurred.
    Note: In deciding whether there was a "legitimate expectation of privacy," a court will consider two things:
    • Did you have an expectation of some degree of privacy?
    • Was that expectation reasonable in our society's view?
    Example: You have a semi-automatic rifle that you stole from a pawnshop. You leave the rifle laying on the hood of your car when you get home. You do not have a "legitimate expectation of privacy" with regard to things you leave on the hood of your car, and the police may take the rifle. No search has occurred.
  • Police may use first-hand information, or tips from an informant to justify the need to search your property. If an informant's information is used, the police must prove that the information is reliable under the circumstances.
  • Once a warrant is obtained, the police may enter onto the specified area of the property and search for the items listed on the warrant.
  • Police may extend the search beyond the specified area of the property or include other items in the search beyond those specified or listed in the warrant if it is necessary to:
    • Ensure their safety or the safety of others;
    • Prevent the destruction of evidence;
    • Discover more about possible evidence or stolen items that are in plain view; or
    • Hunt for evidence or stolen items that, based upon their initial search of the specified area, they believe may be in a different location on the property.
    Example: The police have a warrant to search your basement for evidence of a drug manufacturing operation. On their way through your house to go down to the basement, they see a cache of guns sitting on the kitchen table. They may take the guns in order to ensure their safety while searching your basement.
  • Police may search your property without a warrant if you consent to the search. Consent must be freely and voluntarily given, and you cannot be coerced or tricked into giving it.
  • Police may search your person and the immediate surroundings without a warrant when they are placing you under arrest.
  • If a person is arrested in a residence, police may make a "protective sweep" of the residence in order to make a "cursory visual inspection" of places where an accomplice may be hiding. In order to do so, the police must have a reasonable belief that an accomplice may be around.
    Example: The police arrest you in your living room on charges of murder. They may open the door of your coat closet to make sure that no one else is hiding there, but may not open your medicine cabinet because an accomplice could not hide there.
  • When you are being taken to jail, police may perform an "inventory search" of items you have with you without a warrant. This search may include your car if it is being held by the police in order to make a list of all items inside.
  • Police may search without a warrant if they reasonably fear for their safety or for the public's safety.
    Example: If the police drive past your house on a regular patrol of the neighborhood and see you, in your open garage, with ten cases of dynamite and a blowtorch, they may search your garage without a warrant.
  • If it's necessary to prevent the imminent destruction of evidence, the police may search without a warrant.
    Example: If the police see you trying to burn a stack of money that you stole from a bank, they may perform a search without a warrant to prevent you from further destroying the money.
  • Perform a search, without a warrant, if they are in "hot pursuit" of a suspect who enters a private dwelling or area after fleeing the scene of a crime.
    Example: If the police are chasing you from the scene of a murder, and you run into your apartment in an attempt to get away from them, they may follow you into the apartment and search the area without a warrant.
  • Police may perform a pat-down of your outer clothing, in what is called a "stop and frisk" situation, as long as they reasonably believe that you may be concealing a weapon and they fear for their safety.

What the Police MAY NOT Do:
  • The police may not perform a warrantless search anywhere you have a reasonable expectation of privacy, unless one of the warrant exceptions applies.
  • If evidence was obtained through an unreasonable or illegal search, the police may not use it against you in a trial. This is called the "exclusionary rule."
  • The police may not use evidence resulting from an illegal search to find other evidence.
  • The police may not submit an affidavit in support of obtaining a search warrant if they did not have a reasonable belief in the truth of the statements in the affidavit.
  • Unless there is a reasonable suspicion that it contains evidence, illegal items, or stolen goods, the police may not search your vehicle. If your car has been confiscated by the police, however, they may search it.
  • Unless they have a reasonable suspicion that you are involved in a criminal activity, the police may not "stop and frisk" you. If they have a reasonable suspicion, they may pat down your outer clothing if they are concerned that you might be concealing a weapon.

Do I Need A Lawyer?

This is a tough call. You can represent yourself in traffic court. But if you have the money to spend on lawyer fees, then by all means get one. An experienced attorney knows how the system works. Additionally, they will know if there is a technical or legal issue to your case. A lawyer can also plea bargain for you and get your charge reduced or dropped to a less serious one Additionally, with regard to civil infractions, the lawyer acts as your agent and you don't have to appear in Court.

Is There Any way To Fight A Traffic Ticket?

Yes! You are within your rights to ask to inspect the speed detection device used to clock your speed. Ask, how was it used to obtain a reading? Ask if they used a tuning fork. You can also ask, why he chose to stop you when other cars were traveling the same or even at an increased rate of speed. Plus there are many other defenses and strategies.


Now That I Have Decided To Hire Attorney Kutinsky And Fight The Ticket, What Does He Do?

Speeding/Traffic Infraction:

First, we can request to inspect all of the following from the police station:

  1. The radar unit's calibration and maintenance records;
  2. The police officer's radar training certification;
  3. The tuning fork used to calibrate the radar unit, and the calibration certificate of the fork;
  4. The actual radar unit that was used.
  5. The police station's FCC (Federal Communications Commission) license;
  6. List of models, makes and serial numbers of all radar units being used by the police station.
    By law, you have the right to examine such evidence. Then we go to the formal hearing and discuss our case with the Prosecutor and Police Officer.

Drunk Driving:

These cases are very involved and to go into detail at this point is futile. These type of cases are very fact specific, as are most misdemeanors and felonies. There are many issues that need to be explored. REMEMBER: Do NOT talk with the Police/Agency. EVERYTHING will be used against you. Keep quiet and call:
  • Toll Free: 1-866-MichOUIL (1-866-642-4684)
  • 24 Hour Voicemail: 1-800-LAW-6685 (1-800-529-6685)

Your Rights

The following information is intended as a brief summation of your constitutional rights and is meant to offer helpful hints at how to effectively assert and protect those rights within the context of a police encounter. Of course, this information is no substitute for consultation with an experienced attorney.

The Fourth Amendment to the Bill of Rights of the United States Constitution states:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

The Fifth Amendment reads, in part, "No person shall be... compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law...." These amendments provide the foundation for the rights that protect all U.S. Citizens from intrusive law enforcement practices. If an officer violates your rights then any evidence discovered as a result of that violation must be suppressed from the evidence at trial. This is accomplished by filing a motion to suppress with the trial judge. Even if an officer obtained a warrant prior to searching, if that warrant is defective or not supported by probable cause, then the evidence must be suppressed. Often times, after the fruits of an illegal detention, interrogation or search are suppressed, the government is left with very little evidence and the charges are dismissed.

Don't Leave Contraband in Plain View

Although law enforcement officers must obtain a warrant before they can conduct a privacy-invading search, any illicit material that can be plainly seen by any person from a non-intrusive vantage point is subject to confiscation. An arrest and a valid warrant to search the rest of the area is likely to ensue. A "roach" in the ashtray, a pipe or baggie on the coffee table, or a joint being smoked in public are common mistakes which all too-frequently lead to arrests.

Never Consent

Many individuals arrested on marijuana charges could have avoided that arrest by exercising their Fourth Amendment rights. If a law enforcement officer asks for your permission to search, it is usually because: (1) there is not enough evidence to obtain a search warrant; or (2) the officer does not feel like going through the hassle of obtaining a warrant. Law enforcement officers are trained to intimidate people into consenting to searches. If you do consent, you waive your constitutional protection and the officers may search and seize items without further authorization. If officers find contraband, they will arrest you.
If you do not consent to a search, the officer must either release you or detain you and attempt to get a warrant. The fact that you refuse to consent does not give the officer grounds to obtain a warrant or further detain you.
An officer can obtain a search warrant only from a judge or magistrate and only upon a showing of "probable cause." Probable cause requires an officer to articulate information that would cause a reasonable person to believe that a crime has been or is being committed and that evidence of that involvement can be found within the object of the search.
There are exceptions to the search warrant requirement which permit an officer to search an area without a warrant or consent under certain circumstances. The important thing for you to remember is never to consent to a search or talk with an officer if you want to preserve your rights.
If an officer asks to search you or an area belonging to you or over which you are authorized to control, you should respond:
"I do not consent to a search of my [person, baggage, purse, luggage, vehicle, house, blood, etc.] I do not consent to this contact and do not want to answer any questions. If I am not under arrest, I would like to go now (or be left alone)."

Don't Answer Questions Without Your Attorney Present

Whether arrested or not, you should always exercise the right to remain silent. Anything you say to law enforcement officers, reporters, cell mates, or even your friends can be used as evidence against you. You have the right to have an attorney present during questioning. Your right to remain silent should always be exercised.

Determining If You Can Leave

You may terminate an encounter with officers unless you are being detained under police custody or have been arrested. If you cannot tell whether you may leave, you can ask officers, "Am I under arrest or otherwise detained?" If the answer is, "No," you may leave.
An officer can temporarily detain you without arresting you if he has "reasonable suspicion" that you are involved in criminal activity. An officer must be able at a later time to articulate to a judge objective facts that would have caused a reasonable person to suspect that you were involved in criminal activity at the point that you were detained. Also, the officer may perform a "pat down" or "frisk" on you during the detention if he has reasonable suspicion that you are armed. However, an officer may only reach into your pockets if he pats something that feels like a weapon.
When an officer attempts to contact or question you, you should politely say:
"I do not consent to this contact and I do not want to answer any questions. If I am not under arrest I would like to go now (or be left alone)."
If arrested, you should again refuse a search of any kind and refuse to answer any questions. At this point you should insist on speaking to an attorney as soon as possible.

Do Not Be Hostile; Do Not Physically Resist

There are times when individuals politely assert their rights and refuse to consent to a search but the officers nonetheless proceed to detain, search, or arrest them. In such cases, it is important not to physically resist. Rather, you should reassert your rights as outlined above in section 2.

Informing On Others

The police and prosecutors often try to pressure individuals into providing information that would lead to the arrest and conviction of others. Threats and promises by police and prosecutors should be viewed with caution and skepticism. Decisions should only be made after consulting with an experienced criminal defense attorney and examining one's own conscience.

(c) 2002 NORML

DUI Penalties

Criminal Sentencing/Administrative Consequences of 2003 PA 61; EHB 4247.

Effective 09/30/03, removes reference to "intoxicating liquor" and adds new definition for "alcoholic liquor". Removes presumption of BAC level regarding impairment. Provides a one-year suspension for a first implied consent refusal, and a two-year suspension for a second or subsequent implied consent refusal within seven years. The new language in section 257.625(8) is essentially a zero-tolerence to drugs. There is no burden on the prosecutors to prove "under the influence or impaired" driving caused by the use of the drug. They only have to prove: 1) The Defendant was driving with 2) Drugs in system.


  • $100 to $500 Fine and/or
  • Up to 93 Days Jail and/or
  • Up to 45 Days Community Service
  • Driver License Suspension for 6 Months
    (no Restricted License for first 30 days)
  • Possible Court-Ordered Ignition Interlock
  • Possible immobilization up to 180 Days


  • $100 to $300 Fine and/or
  • Up to 93 Days Jail and/or
  • Up to 45 Days Community Service
  • Driver License Suspension (Possible Restricted License if eligible)  
  • Possible immobilization up to 180 Days 

OWPD FIRST OFFENSE (no prior 625 crime) Operating with presence of Drugs 333.7212, 7214(a)(iv) & 625(8)

  • Up to $300 Fine and/or
  • Up to 93 Days Jail and/or
  • Up to 45 Days Community Service
  • Driver License Restrictions 90 days
  • Possible immobilization up to 180 Days

OWI SECOND OFFENSE - or any prior drunk driving conviction within 7 years

  • $200 to $1,000 Fine and
  • 5 Days to 1 Year Jail and/or
  • 30 to 90 Days Community Service
  • Driver License Revocation
  • License Plate Confiscation
  • Immobilization 90 to 180 days unless forfeited
  • Possible Vehicle Forfeiture

OWVI SECOND OFFENSE - or any prior drunk driving conviction within 7 years

  • $200 to $1,000 Fine and
  • 5 Days to 1 Year Jail and/or
  • 30 to 90 Days Community Service
  • Driver License Revocation
  • License Plate Confiscation
  • Immobilization 90 to 180 days unless forfeited
  • Possible Vehicle Forfeiture

OWI THIRD OFFENSE - or any 2 prior drunk driving conviction within 10 years)

  • $500 to $5,000 Fine AND either of the following:
  • 1-5 Years Prison OR Probation with 30 Days to 1 Year Jail AND 60-80 Days Community Service
  • Driver License Revocation - 5 Years
  • License Plate Confiscation
  • Registration Denial
  • Immobilization 1-3 Years
  • Possible Vehicle Forfeiture

OWVI THIRD OFFENSE - or any 2 prior drunk driving conviction within 10 years

  • $500 to $5,000 Fine AND either of the following:
  • 1-5 Years Prison OR Probation with 30 Days to 1 Year Jail AND 60-80 Days Community Service
  • Driver License Revocation - 5 Years
  • License Plate Confiscation
  • Registration Denial
  • Immobilization 1-3 Years
  • Possible Vehicle Forfeiture


  • $1,000 to $5,000 Fine and/or
  • Up to 5 Years Prison
  • Driver License Revocation
  • License Plate Confiscation
  • Immobilization up to 180 days
  • Possible Vehicle Forfeiture


  • $2,500 to $5,000 Fine and/or
  • Up to 15 Years Prison
  • Driver License Revocation
  • License Plate Confiscation
  • Immobilization up to 180 days
  • Possible Vehicle Forfeiture

Southfield MI Criminal Defense Attorney

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