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Michigan DUI / DWI Questions & Answers
1 Answer | Asked in Criminal Law and DUI / DWI for Michigan on
Q: Likelihood of jail or prison time with meth charge and extensive criminal history in another state?

My brother has an extensive drug history and a history of not appearing in court in FL. He’s also has two bench warrants from Florida that he wasn’t aware of.

He was arrested in Cadillac on 9/16 for meth possession, DWI, and being in possession of a loaded firearm (the firearm was mine,... Read more »

Brent T. Geers
Brent T. Geers
answered on Sep 19, 2022

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".

1 Answer | Asked in DUI / DWI for Michigan on
Q: Do I need a lawyer to get my discovery packet in the state of Michigan?
Brent T. Geers
Brent T. Geers
answered on Sep 12, 2022

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... Read more »

1 Answer | Asked in DUI / DWI for Michigan on
Q: Is it true that you can have a DWI dismissed if charges are brought against you 18 months or longer after the stop

I was pulled over Jan of 2020 and they are just now charging me. I was told that it could get dismissed on prejudice if charges are brought 18 months after even though the statue is 6 years

Brent T. Geers
Brent T. Geers
answered on Aug 30, 2022

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... Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for Michigan on
Q: In michigan, can you expunge a DUI from twenty years ago, if I had a 2nd offense that was reduced to reckless driving?
Brent T. Geers
Brent T. Geers
answered on Aug 16, 2022

Technically, yes; practically speaking...you really need to consult with a local attorney who knows your judge.

1 Answer | Asked in Criminal Law and DUI / DWI for Michigan on
Q: can a judge revoke a bond for absolutely no reason at all??

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... Read more »

Brent T. Geers
Brent T. Geers
answered on Aug 13, 2022

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... Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for Michigan on
Q: Is it true if you’re not sentenced within six months of an arrest, the court will dismiss the case?
Brent T. Geers
Brent T. Geers
answered on Jul 18, 2022

Not true at all. There are guidelines that determine when cases should be completed. And there is a right to a speedy trial. But it's not at all what people think it means.

1 Answer | Asked in DUI / DWI for Michigan on
Q: Can i fight and win my case?

i was stopped because my headlights were off and i was asked to take a sobriety test and breathalyzer. I was then arrested and charged with a misdemeanor for owi. would i be able to fight this?

Brent T. Geers
Brent T. Geers
answered on Apr 26, 2022

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... Read more »

1 Answer | Asked in DUI / DWI for Michigan on
Q: I have a charge of owi .17% for which I never took a breathalyzer for and got a ticket 11months later. Need help

Had a car accident went to hospital for 4 days. I'm pretty sure the hospital probably got it from my blood work and they send a ticket to me 11 months later fir owi

Dana B. Carron
Dana B. Carron
answered on Mar 24, 2022

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.

1 Answer | Asked in DUI / DWI and Civil Rights for Michigan on
Q: If I have a Felony OWI from 2011. Can I ever purchase a fire arm. If not, can I go to court to restore that privilege?
Brent T. Geers
Brent T. Geers
answered on Dec 13, 2021

Possibly. You can petition to have the court restore your civil liberties (e.g. gun rights).

1 Answer | Asked in Cannabis & Marijuana Law, Criminal Law and DUI / DWI for Michigan on
Q: Can I use medical marijuana on bond?

I understand the Michigan supreme court ruled individuals on probation can legally use medical marijuana. I have looked and I cannot find if this ruling would apply to individuals on bond.

Brent T. Geers
Brent T. Geers
answered on Oct 11, 2021

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.

1 Answer | Asked in Appeals / Appellate Law, DUI / DWI and Cannabis & Marijuana Law for Michigan on
Q: What can be done if a judge in MI is ignoring the court of appeals decision that allows mmj patients to use on probation

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... Read more »

Brent T. Geers
Brent T. Geers
answered on Sep 23, 2021

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...
Read more »

1 Answer | Asked in DUI / DWI for Michigan on
Q: hello and good day. in the state of Michigan

drivers license revoked because of dui will the applicant need a registered vehicle if approved?

Brent T. Geers
Brent T. Geers
answered on Sep 16, 2021

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... Read more »

1 Answer | Asked in Appeals / Appellate Law, Traffic Tickets and DUI / DWI for Michigan on
Q: If I ask for driving license hearing reconsideration, with new evidence, can I still appeal if they deny me again?

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... Read more »

Frank B. Ford
PREMIUM
Frank B. Ford
answered on May 18, 2021

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... Read more »

1 Answer | Asked in Child Custody, DUI / DWI and Family Law for Michigan on
Q: My EX wife had full custody of kids can I take full custody from her if she get 4th DUI?

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... Read more »

Brent T. Geers
Brent T. Geers
answered on Apr 27, 2021

What does your judgment of divorce say about legal custody? If you don't have joint legal custody, then if she went to jail, it's possible for the children to be placed in the care of someone else.

1 Answer | Asked in DUI / DWI for Michigan on
Q: I am on felony probation and was ordered 480 community service. Is it possible to pay some of those hours off ?
Brent T. Geers
Brent T. Geers
answered on Apr 7, 2021

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.

1 Answer | Asked in DUI / DWI for Michigan on
Q: what is required to get my driver's license reinstated? It's been ten years since my last DUI
Brent T. Geers
Brent T. Geers
answered on Mar 7, 2021

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... Read more »

1 Answer | Asked in DUI / DWI for Michigan on
Q: I have a 3rd dui, will I do some jail time, during the Corona virus
Frank B. Ford
PREMIUM
Frank B. Ford
answered on Feb 9, 2021

IF you are convicted of an OWI 3rd, there is a mandatory 30 days jail, and it can be up to 5 years. Without knowing more, it is impossible to say if you will actually be convicted of that. If you are convicted of OWI 3rd, the Judge may not make you serve it right away, given the pandemic. Even... Read more »

1 Answer | Asked in DUI / DWI for Michigan on
Q: OWI when I was 17 in MI. Did everything that was asked of me and the case was closed out. I am now 22 can I get my CPL?

Would also like to know how this affects my ability to purchase handguns.

Brent T. Geers
Brent T. Geers
answered on Dec 29, 2020

You may purchase (assuming you don't have any felonies). You will not be eligible for a CPL for 8 years after the close of your OWI, however.

1 Answer | Asked in DUI / DWI for Michigan on
Q: If your parole condition says you can't be in a place that serves alcohol. Can you still be on the property to golf
Brent T. Geers
Brent T. Geers
answered on Oct 16, 2020

Typically, that provision relates to places where alcohol is the primary source of sales. There is a difference, certainly, between a bar that happens to serve food, and a restaurant that happens to also sell alcohol.

It would be wise, though, that while on parole, you conduct yourself...
Read more »

1 Answer | Asked in Cannabis & Marijuana Law and DUI / DWI for Michigan on
Q: I got a DWI a few months ago and i have my green card. Judge said not illegal drugs, can i still use marijuana?
Brent T. Geers
Brent T. Geers
answered on Jun 22, 2020

You should ask your lawyer or the probation officer. Most courts prohibit medical marijuana while on bond or probation.

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