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Questions Answered by Frank B. Ford
1 Answer | Asked in DUI / DWI for Michigan on
Q: Does michigan have a dui law that relates to using a pedal bike
Frank B. Ford
Frank B. Ford answered on Sep 15, 2019

Operating a vehicle while intoxicated is what is prohibited. A vehicle is defined as a device that moves or can move on a highway, but not if it is powered only by human power. A bicycle without a motor is not a vehicle. A bicycle that has a power assist, that is being used, would be a vehicle. If... Read more »

1 Answer | Asked in DUI / DWI for Michigan on
Q: If Im being charged w/ OWI & high BAC (.21), what should I do? Get a lawyer or can I do court apt? Plead guilty or not?

I am a 25 and it's my 1st offense. I already work 2 jobs to pay the bills, so if you think a court appointed public defender can get the job done, same as a OWI attorney, please say that. Money is tight. What do I need to know & do? My arrainment is this coming Friday Sept. 6th

Frank B. Ford
Frank B. Ford answered on Sep 3, 2019

Many court appointed lawyers are very competent attorneys and serve their clients well. To some extent, it depends on what court the case is in, and who you get as an attorney. Some courts use a "house counsel" system that has one attorney handling all the court appointed cases that come to that... Read more »

2 Answers | Asked in Traffic Tickets for Michigan on
Q: Can police hide then pull you over?

I left work a cop passed me from opposite direction I pulled in friends driveway and dropped off her work badge. Saw the cop fly by going in the direction I was previously going. I got back in car proceeded to go home down the road I saw the same cop parked on a side road. I was not speeding then.... Read more »

Frank B. Ford
Frank B. Ford answered on Aug 30, 2019

If the officer witnessed you speeding, the fact that he did not pull you over immediately is not a defense. You should contact an attorney who handles traffic cases on a regular basis for some guidance on how your particular case should be handled. Sincerely, Frank B. Ford

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1 Answer | Asked in Traffic Tickets for Michigan on
Q: I got a speeding ticket with incorrect info on it. The Name, date of birth, address is wrong. Can I get this dismissed?

The only thing that is correct on the ticket is the Vehicle plate number. Should I fight this in court or contact the officer's supervisor?

Frank B. Ford
Frank B. Ford answered on May 9, 2019

Probably the best way to approach this is to ask for an Informal Hearing. When you go for that, you can tell the Magistrate about the mistakes on the ticket, but even before you do that, talk with the officer, who should be there for the hearing, and see if you can reach an agreement that will not... Read more »

1 Answer | Asked in DUI / DWI for Michigan on
Q: Will my restricted Michigan license still be in effect if I move back there? I have full license in Colorado currently.

I had a restricted license when I moved from Michigan from a drunk driving 24 years ago(actually had two in same year). Colorado gave me a full license 2.5 years ago and now I want to move back to Michigan. I'm wondering if Michigan will give me my full license back or will it still be restricted?

Frank B. Ford
Frank B. Ford answered on Apr 2, 2019

That's a good question, and hard to answer without some further information. The most likely way to get a good answer is to obtain a COMPLETE, CERTIFIED driving record from the Michigan Secretary of State, and let me or some other Michigan attorney who handles drunk driving cases and the license... Read more »

1 Answer | Asked in DUI / DWI for Michigan on
Q: Can michigan put a hold on my license if I got a DUI before I got my Michigan license 20 plus hears ago

I have already paid my reinstament fee in KY I have never so much as been in a vehicle pulled over in Michigan

Frank B. Ford
Frank B. Ford answered on Mar 29, 2019

To give the best answer, I would need to see your Michigan driving record, if there is one, and also would try to interpret your Kentucky driving record. But if you have a valid Kentucky driver's license, it sounds like you should be able to get a Michigan license without the incident in Kentucky... Read more »

2 Answers | Asked in Traffic Tickets for Michigan on
Q: Got arrested for driving without insurance, can I sell my car to pay the ticket before my court date?

I got arrested for driving without insurance in the state of Michigan but didn’t go to jail, I got released. I got my car out of the impound, I have a court date in about 2 weeks. Can I legally sell my car to pay off my ticket before the court date? Or will I get in more trouble for selling the... Read more »

Frank B. Ford
Frank B. Ford answered on Mar 2, 2019

So far as I know, there would be nothing preventing you from selling the car. If you keep the car, however, be sure you get insurance on it before you go to court, and take the proof of insurance coverage to court as soon as possible. If you can't do it before the court date, take the proof with... Read more »

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2 Answers | Asked in Car Accidents, Personal Injury, DUI / DWI and Traffic Tickets for Michigan on
Q: I was in an accident yesterday and had a blood level of 2.98. This will be my second offense and I’m really worried

I ended up totaling my boyfriends new truck and going to the hospital. I was not in the right state of mind when the cops talked to me and might have jeopardized myself. I had also taken two cbd gummies which is why I was drowsy. 4 years ago I got charged with an owi so this will be my second... Read more »

Frank B. Ford
Frank B. Ford answered on Feb 21, 2019

You definitely need an attorney to help you with the situation. The information here does not indicate where this happened, which can affect how to approach the case, the cost for legal services, and who might be a good choice of attorneys. I think it would be better if you called me, or some... Read more »

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1 Answer | Asked in Traffic Tickets and Civil Litigation for Michigan on
Q: I need to take care of a 14 year old traffic for driving on suspended license what's my options
Frank B. Ford
Frank B. Ford answered on Feb 7, 2019

Contact the court to see if there is a warrant for your arrest. If so, find out what the amount of the bond is. You would normally then have to go to the police department, but sometimes directly to the court, to turn yourself in on the warrant and post the bond, and get the charge set for a... Read more »

1 Answer | Asked in DUI / DWI for Michigan on
Q: Is there a limit to how long to the police have to give me a drug test once they stop me?
Frank B. Ford
Frank B. Ford answered on Dec 11, 2018

No, there is not a time limit. Any delay can be considered in determining the reliability of the results, but probably not their admissibility. If you don't have an attorney to help you with this situation, get one. Sincerely, Frank B. Ford

2 Answers | Asked in Traffic Tickets for Michigan on
Q: I received a running red light ticket but the name on the ticket is not mine it's the owner of the vehicles do i pay it

I am listed as a licensed driver under the insurance of the vehicle the ticket is not in my name it is the name of the registered owner of the vehicle that was not even in the vehicle with me.

Frank B. Ford
Frank B. Ford answered on Dec 9, 2018

You need to contact the police department that issued the ticket, and ask them to dismiss the ticket and re-write it in your name. If you just pay it, the other person will get points on their record that they don't deserve. In being honest about it, you may actually help yourself by getting the... Read more »

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1 Answer | Asked in DUI / DWI for Michigan on
Q: Are there extra penalties for a DUI if there are kids in the car?
Frank B. Ford
Frank B. Ford answered on Nov 9, 2018

Yes! If you have a previous drinking and driving conviction, you can be charged with Felony Child Endangerment, and can have your license taken away for one to five years. If you don't have a previous drinking and driving conviction, it is usually going to be more points than what you would... Read more »

1 Answer | Asked in Car Accidents and Traffic Tickets for Michigan on
Q: I was in a car accident. The ticket states that I left the scene. I gave all my information to the other party.

My vehicle was unsafe to drive but, I was able to move it off the road. I called for a ride and when they showed up I left. The other party stated that they were okay and we were there for an hour already. Court date is coming in the mail. Should I hire an attorney. This is the first accident I've... Read more »

Frank B. Ford
Frank B. Ford answered on Sep 25, 2018

Leaving the scene of an accident is a 6 point violation, which is as big as they get. It is also a criminal offense that could conceivably put you in jail for three months, although that is not likely. My point is, it's a serious charge, and you should get an attorney who regularly practices... Read more »

2 Answers | Asked in DUI / DWI for Michigan on
Q: How long will a DUI stay on my record if I comply with officials and do everything they say?
Frank B. Ford
Frank B. Ford answered on Sep 25, 2018

The conviction will stay on your driving record and your criminal history record for the rest of your life. The points will stay on your driving record for two years with the Secretary of State, but the insurance company will rate you higher for three years. The legal significance of the... Read more »

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1 Answer | Asked in Traffic Tickets for Michigan on
Q: I just received a speeding ticket and the officer wrote I was doing 80 in a 55 zone, but the zone was 70.

There was no radar used and when the officer asked if I knew how fast I was going, I said "I don't know, 75 or 80" and the officer wrote that I admitted to 80. Doesn't that amount to self-incrimination? I was not read my rights. Also, the ticket states that I was doing 80 in a 55 zone when I was... Read more »

Frank B. Ford
Frank B. Ford answered on Sep 21, 2018

The rights I assume you refer to are the Miranda Warnings. Those do not apply for two reasons: You were not in custody, and a speeding ticket is not a criminal charge, it is a Civil Infraction. If the area had a 70 MPH speed limit, then that is a significant issue, because that makes a... Read more »

2 Answers | Asked in Car Accidents and DUI / DWI for Michigan on
Q: I left the bar last night, don't remember leaving. Drove home. Cops showed up at door and impounded my car from driveway

I didn't answer the door. Called this morning and the cops said I hit and run a car, on my street. Said that they were getting off their shift and would be over at ten tonight to give me a ticket and I can get me car Monday from impound.

Frank B. Ford
Frank B. Ford answered on Sep 15, 2018

Sounds like you're going to get a ticket for leaving the scene of a property damage accident. That's a criminal misdemeanor, that carries up to ninety days in jail. Find an attorney in your area who practices primarily traffic and drunk driving defense. Although this presumably won't be charged... Read more »

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1 Answer | Asked in DUI / DWI for Michigan on
Q: Car hit me, I had no license plus prior DUI over 10 years ago does it count as second offense and I blew over 10%.
Frank B. Ford
Frank B. Ford answered on Aug 29, 2018

If you only have one previous conviction for a drinking and driving offense, and it is over seven years before the new one, then it is not a Second Offense for charging purposes. The older one can still be considered by the court in setting bond conditions, and in sentencing if you get convicted... Read more »

1 Answer | Asked in Traffic Tickets for Michigan on
Q: I got a ticket for double parking even though I was pulled over for speeding. Is this legal? Can I do anything about it?

I was pulled over for doing 83 in a 70 and the officer clearly told me he was only going to give me a warning but it turned out to be a ticket for double parking. I’m glad it doesn’t put points on my record but still says I have to pay $145. What should I do?

Frank B. Ford
Frank B. Ford answered on Aug 27, 2018

You got a big break. Pay the ticket for double parking and be happy you won't be getting points. In fact, nothing at all will go on your driving record, so long as you pay the ticket on time. If you contest it, they will probably amend the ticket to charge you with the speeding charge, so leave... Read more »

2 Answers | Asked in Traffic Tickets for Michigan on
Q: I forgot to get my tag renewed. I got a citation. Can I fight it?

I never forgot before.

I have been driving over 30 years. Nothing, not even as much as a parking ticket.

Extremely bad year, a lot of stress. Spent my birthday depressed and crying all day. Never thought about my tag.

I have paid the late fee.

I personally know... Read more »

Frank B. Ford
Frank B. Ford answered on Aug 20, 2018

Contact the court within the time period stated on the ticket. Tell them you want to have an Informal Hearing, or Pre-trial, depending on how the ticket is written. The ticket should be marked as to if it is a Civil Infraction (CI) or Misdemeanor (Misd). There should be instructions for... Read more »

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1 Answer | Asked in Traffic Tickets for Michigan on
Q: I have a ticket That is 14 yrs old but I did not get it I When to get my drive license

What can I do about it

Frank B. Ford
Frank B. Ford answered on Jul 21, 2018

I'm sorry, but I don't understand your question. If it is a civil infraction, then it is certainly in default, and you just need to pay it. If it is a misdemeanor, then you will have to appear at court, in which case you will be much better off if you hire an attorney to help you. Is it keeping... Read more »

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