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 »
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
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 »
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 »
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
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 »
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?
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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.
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 »
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 »
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?
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 »
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 »
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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