answered on May 12, 2018
Once a drinking and driving conviction goes on your driving record, it stays there permanently. They never get so old that they drop off. They used to, but not anymore.
answered on Apr 18, 2018
Yes, your friend could face criminal charges if you’re arrested for a drunk driving offense and your friend knew that you were drunk but still let you drive. In such case, your friend could be charged with allowing an intoxicated person to operate a vehicle. The severity of the charge and... View More 
DUI,suspended license and misdemeanor marijuana
answered on Apr 17, 2018
An arraignment is the first court date in a criminal case. The defendant will be informed of the charges being brought and have an opportunity to plead guilty or not guilty to each charge. The court will also determine whether the defendant is eligible to be released on bond and the amount of such... View More
The boss is temporarily working in US office from the headquarter in Korea. He doesn't take it seriously about DUI.
answered on Apr 17, 2018
If your husband gets pulled over and charged with a drunk driving offense, his boss will not have any criminal responsibility and the fact that his boss encouraged the drinking and driving will not be a defense. Ultimately, it is your husband’s choice to drink and drive. If he wants to drink... View More
answered on Apr 17, 2018
An arraignment is the first court date in a criminal case. The defendant will be informed of the charges being brought and have an opportunity to plead guilty or not guilty. The court will also determine whether the defendant is eligible to be released on bond and the amount of such bond. If the... View More
answered on Mar 9, 2018
The short answer is that it is NOT unlawful to refuse field sobriety test in Michigan. But the real question is: "should you refuse a field sobriety test"? The answer to this question is complex and depends on multiple factors. If you've already refused to take a FST and you are... View More
I did jail time and paid fines
answered on Feb 16, 2018
To get your license back you will have to go through a demanding process. You must have long term abstinence from alcohol, and a commitment to lifetime abstinence. That means no drinking or illicit drugs, whatsoever. You must have letters of support from your friends and family that must include... View More
to keep his job. Is there a way to get a temporary license to allow him to be able to go to and from his employment?
answered on Feb 6, 2018
It depends on his driving record. If his license is revoked, which would be the case if he has had two convictions for drinking and driving in a seven year period, then his only options are: (1) to be in a sobriety court program, which it sounds like is out of the question, since he's been... View More
I've been sober from alcohol for 18 months and had one slip up with drugs six months ago she technically extended it another 6 months
answered on Feb 2, 2018
Although it is possible that you might be released early, it is highly unlikely. Given the fact that you had a violation, they will probably want to keep you on the program to make sure you continue to progress. Sincerely, Frank B. Ford
Almost 2 months ago I got a DWI and was in jail overnight. My license was taken and I was given a paper permit I guess. It has my BAC level, the city i was in etc. but when I went to get a state ID I was told I would have to give up my license which I obviously no longer had. But instead I got a... View More
answered on Jan 4, 2018
What jurisdiction/court are you in? Some courts are slow to process tickets and charges. This appears to be the case here, but I suggest you contact a criminal defense attorney immediately to review your situation. A lawyer will get an update for you without adversely impacting the potential... View More
answered on Dec 29, 2017
In a nutshell, you can be charged with reckless driving without drinking.
It was several years between the second and the third.
answered on Dec 1, 2017
If the case is charged as a felony, which it probably is if it's his third offense, and if that is what he is convicted of, then the minimum jail time is 30 days, and the maximum is 5 years in prison. There are Sentencing Guidelines that the court looks at in determining what is an... View More
One that will work with me to get the job done and not charge $300 an hour, and Bill me for $7,000 for phone calls and research....but no license. Thank you.
answered on Nov 17, 2017
To get your license back you will have to go through a demanding process. You must have long term abstinence from alcohol, and a commitment to lifetime abstinence. That means no drinking or illicit drugs, whatsoever. You must have letters of support from your friends and family that must include... View More
This happened in Gladwin county Michigan.
answered on Oct 25, 2017
The answer depends on many factors, including the BAC, prior driving record within the last 5 years, the propensities of the judge and prosecutor, and how good your lawyer is. I urge you to seek an experienced criminal defense lawyer who knows the courts in Gladwin County.
was for drunk drivers. Can I fight this?
answered on Oct 18, 2017
Codeine is a "controlled substance" under Michigan's statute. You need a good lawyer - this is a complex case. I urge you to contact a Michigan lawyer and provide ALL information and details about this incident. If you do not have a prior DUI or related charge, you will likely be... View More
The cop who booked him said if he has no intentions on ever coming back to Canada, he could just not show up to court for his hearing. With Ontario and Michigan having a reciprocity law, would the warrant there show up here? They impounded his car and took his license but was able to have someone... View More
answered on Oct 16, 2017
Have him hire a Canadian attorney right away. Don’t play games, as it can come back to haunt you. Your Michigan license and driving privileges will be affected.
answered on Oct 1, 2017
Trials can run anywhere from 30 minutes to over the course of several days, depending on the evidence and testimony presented.
In a DUI matter, it could take just 30 minutes for police and Datamaster operator to come in a testify that you were driving with a BAC over 0.08, and that the... View More
that's above the legal limit in Michigan but which would've been legal in my own state?
answered on Aug 21, 2017
The court will know about it. It could mean that any plea deal you have goes out the window, allowing the judge to sentence you to whatever he or she wishes within the law. Obviously, you'll have this new charge to contend with as well.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 17, 2017
Unless a State Legislature mandates that a Miranda warning be given, OWI-DUI-DWI cases do not require it. Two reasons: (1) until cuffed for drunk driving, the person is NOT under arrest. Therefore, all of that is the "investigation" stage. A person should DO NO FIELD TESTS, and REMAIN... View More
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.
