Trenton, MI asked in DUI / DWI for Michigan

Q: One more question: What is the difference between Ordinance OWI and Statute OWI. Thank you for your information.

Related Topics:
2 Lawyer Answers
Jeffrey Buehner
Jeffrey Buehner
Answered
  • DUI & DWI Lawyer
  • Farmington Hills, MI
  • Licensed in Michigan

A: An ordinance violation is charged under local ordinance (e.g. - city, township or village ordinance). Statutory law refers to Michigan state statutory laws (Michigan Compiled Laws). The substance of a local OWI ordinance is generally the same as state law. The primary difference is local ordinance OWI is prosecuted by the city, township or village attorney while state law is prosecuted by the county prosecutor. All felony OWI prosecutions are handled by county prosecutors.

Frank B. Ford agrees with this answer

Frank B. Ford
Frank B. Ford
PREMIUM
Answered
  • DUI & DWI Lawyer
  • Dearborn Heights, MI
  • Licensed in Michigan

A: As Mr. Buehner states, the difference is in whether the case is being prosecuted by the local municipality's attorney, or by the county prosecutor's office. There are a few municipalities that have an agreement with their county to prosecute state law cases, but that is unusual. The wording of the statute and the ordinance are usually identical. No matter which, it's a serious matter and deserves retaining an experienced drunk driving defense attorney to represent you. Sincerely, Frank B. Ford

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.