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?
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 »
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
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.
Possibly. You can petition to have the court restore your civil liberties (e.g. gun rights).
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.
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... Read 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... Read more »
drivers license revoked because of dui will the applicant need a registered vehicle if approved?
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 »
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 »
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 »
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 »
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.
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... Read more »
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 »
Would also like to know how this affects my ability to purchase handguns.
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.
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 »
You should ask your lawyer or the probation officer. Most courts prohibit medical marijuana while on bond or probation.
Date of charge was 7 19 2017
You likely have bench warrants which would appear when the store does a background check on you. Your charges are minor enough that there is little reason to keep running from them. I don't know your history or the facts of those cases, but people commonly get probation for those sort of... Read more »
My testing has been suspended as of today due to corona virus. My probation officer just sent an email saying my testing has been suspended for now and when the time comes i can take a hair or blood test. Is this legal?
Yes. Your participation in sobriety court is voluntary (I realize that it may not have seemed like it when you plead). And as part of your continued participation, you agree to a number of conditions and waiver of some rights. Most important, you are subject to the reasonable demands and... Read more »
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... Read more »
To the Court: Do not arraign on felony charge until an authorized complaint is filed.
1. 257.625 2.______________ 3. ________________
My ticket says Misdemeanor but why is there a code violation next to number 1 under felony statement?
Thank you Everyone
That message is pre-printed on all Uniform Law Citations (tickets). If the box on your ticket is marked Misdemeanor, then the message about felonies doesn't apply to you. You would not be charged with a felony unless you have two prior driving under the influence convictions, or there was a... Read more »
Normally you can't "buy" your way out of community service. A lot of courts look at community service as an alternative to giving a person time in jail, so they often see it like they have already given you a break by not putting you in jail. Talk with your probation officer and... Read more »
I got in trouble with the law 6 years ago. I did not pay those court fines. Due to not being able to. Now I have a greatjob that pays me really well. I would like to pay them off however I have a warrant for my arrest because of those fines. Right now at my job we are on mandatory 7 days if I miss... Read more »
Not enough information. I don't know whether you are talking about traffic fines, misdemeanor fines, and costs, or felony. I don't know your prior history, whether you have a long record of cases and failure to appear. Many factors enter the equation. Don't mess around. Hire an... Read more »
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