Sounds like the answer is in your question. There are court rules that govern notice periods, who has to be notified, etc. Further, the court keeps a calendar. If a particular judge hears motions on a particular day of the week, that's when your motion will be heard.
I have done the assessment as well years ago and they never sent it to the state of Michigan so therefore I needed to do another one and spend more money on the process. I'm wondering if now with it being so long if there are any helpful loop holes as to getting it back. This is not even on my... View More
The answer to this question will vary depending on what State you live in and where you got your DUI. If you completed all the terms of your probation for criminal court, then you will have to go to the DMV to see what you have to do to get your license back. If you have picked up other vehicle...View More
Hopefully you've engaged with a good, local attorney. I hate to be the bearer of bad news but you're probably going to have a tough go in getting a prosecutor to do anything with drunk driving causing property damage. An example of a reduction would be operating while impaired, which is...View More
Avoid incarceration? Unlikely. The biggest risk factors are his loose ties to the community and his history of failure to appears. I know people change, but judges see that and think "this guy can't be trusted to be out in the community to do the right thing if he can't even show up to court".
Yes. But you should know there is no such thing as a "discovery packet". That is a phrase jailhouse lawyers use all the time, and get frustrated when told there is no such thing. "Discovery" is nothing more than facts or evidence the prosecution relies on for trial. In many...View More
As with most matters of the law and public opinion, there is a bit of truth in what you were told. The 18 months probably refers to the timeline for what people commonly call speedy trial (there is a statutory 6 month timeframe that applies in rare circumstances, then there is the 18 month...View More
he said because he never shouldve granted it because its a felony and the person should b in jail , even tho he gave 2 pr bond before & this cash bond & the person is working, doing everything supposed to be doing & they're supposed to have already dropped the felony, the whole... View More
Bond is discretionary, subject to court rules. No, a judge cannot revoke bond for no reason...but it doesn't take much of a reason. Can a judge raise a bond, remanding the person to jail in the interim - effectively revoking bond? Sometimes, depending on circumstances. There are judges that...View More
Assuming your headlights were off during the dusk-to-dawn period, it sounds like the stop was valid. Of course, a lawyer may want to know exactly where the police officer was to have observed your headlights. If the stop is valid, and your BAC was over 0.08, you need to start thinking mitigation...View More
If you cannot afford to hire an attorney, then you will get one appointed for you when you go to court. They will help you. If you can afford an attorney, my associate does a great amount of these types of cases, or you can keep searching and find someone else.
There is a court of appeals case that says that you can. Tread carefully though....there can be a difference between what the court of appeals says the law is, and what individual judges determine it to be.
My disabled husband was arrested for DUI and took a plea to a lesser charge because it seemed like all he could do. He took the plea with the understanding that it would not prevent him from using medical Marijuana as a brain tumor patient. The judge in lapeer County is not allowing him to use... View More
That judge is not the only one...what can be done? Appeal a revocation or sanction of probation.
While it sounds like you are disappointed in the case outcome, DUIs can be tough to defend. If your husband was driving, and his BAC was over 0.08...I'm not sure what benefit going to trial...View More
Depends. Generally, the road to a license again involves a period of time with an interlock device ("blow and go") with a restricted license prohibiting the person from driving any car without it. So at least as a practical matter, the applicant would need vehicle access for which an...View More
I’m in Michigan. I was previously granted my license then lost it to a technicality, had a breathalyzer in car and battery died which caused it to say I was tampering with it, I appealed that and won and was granted license back. Before my license paperwork came I drove stupidly for dr appt and... View More
I doubt that they will allow you to have a reconsideration. But to answer your question, if they did give you a hearing for reconsideration and you again lost, you could still appeal to Circuit Court, if the situation falls within one of the limited circumstances in which an appeal to the court is...View More
EX wife history, losing first kids, losing license for 15yrs, 3 DUI, 17 yrs ago. After 20 years marriage, witnessed her badly many mental ill, she was fine for 17 years perfect no drugs no alcohol, beautiful loving woman. 2016 she was giving new mental drugs and I don’t know what happened to her... View More
Typically not; community service hours are ordered for a reason. Best thing to do is talk with your probation officer about what is expected of you and what you can do before it becomes an issue for the judge.
Absolute sobriety. You will need to fill out an application, and submit it to the Secretary of State along with a professional substance abuse assessment and at least three support letters. You will then have to attend a hearing with an administrative hearing officer. If you can prove absolute...View More
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