Free Michigan Drunk Driving Defense FAQs | Free Michigan Drunk Driving Defense Legal Documents

Can The Officer Pull Me Over For No Good Reason, Ie. At Random?

Tue, 29 May 2007 21:19:00 GMT

No. The stop must be justified by probable cause or a reasonable suspicion that criminal activity was afoot. Usually, the officer will base the stop on a violation of the traffic code, such as speeding or weaving in your lane. They can also stop you for not wearing a seat belt or for having illegally tinted windows.

If I Am Involved In An Accident Which Is Clearly Not My Fault, Can The Officer Arrest Me For Drunk Driving?

Tue, 29 May 2007 21:19:00 GMT

Yes, assuming you are intoxicated in excess of the legal limit. The law requires you to stop and contact the police if you are involved in an accident. When the officer routinely investigates the accident and asks you for your story, he has an opportunity and duty to discover whether you have been drinking. The fact that you did not cause the accident does not mean that you did not drive while intoxicated.

Do I Have To Answer Questions About Where I Have Been And Whether I Have Been Drinking?

Tue, 29 May 2007 21:19:00 GMT

No. You are NOT required to answer any questions about where you have been and whether you have been drinking. You are required to identify yourself if requested by the officer. You should NOT answer any questions except to identify yourself.

Do You Have To Be Drunk To Be Guilty Of Drunk Driving?

Tue, 29 May 2007 21:19:00 GMT

No. Years ago, a drunk driving charge meant someone was "drunk" in the way all of us commonly understand. But today, intoxication as we know it is not required for one to be guilty of drunk driving. During the last ten years laws against drunk driving have changed radically, and today they are much more severe. You may not think you are drunk. Those around you may not think you are drunk. Indeed, for the purpose of every other situation except driving, you may not even be considered drunk. But your condition may be enough for you to be found guilty of a drunk driving offense under the current definition of the law. And if you are convicted, you will suffer some very harsh penalties.

Legally, What Is Drunk Driving?

Tue, 29 May 2007 21:19:00 GMT

A drunk driving offense, sometimes called operating under the influence of liquor (OUIL) or driving with an unlawful blood alcohol level (UBAL) has several meanings: Driving with any amount of alcohol in your system which causes your physical abilities to be impaired to a certain degree. Driving with a level of alcohol in your system which amounts to a measurement of .10 of blood alcohol content. To be guilty of this offense, absolutely no impairment of any of your physical abilities is necessary. You may well be the world's most talented, careful and safest driver, but if your blood alcohol content registers .10 or above you are guilty of a criminal offense. Driving with drugs in your system or with a combination of drugs and alcohol, no matter what the amounts of those substances may be, where your physical abilities have become impaired to a certain degree. It does not matter if the drugs are legal, over the counter medications like antihistamines, nor does it matter if you have a prescription to take the drugs. If you are impaired as a result of taking them, then you are guilty of a criminal offense.

What Amount Of Alcohol Do I Need To Drink To Have A Blood Alcohol Content Of .10 Or Higher?

Mon, 04 Jun 2007 21:51:22 GMT

Each person's blood alcohol content from drinking certain amounts of alcohol will vary, depending upon a number of factors. The main factor is your weight. To calculate your blood alcohol content based upon having normal drinks such as a 12 ounce beer, a 4 ounce glass of wine, or a single mixed drink containing a one ounce shot of 100 proof liquor, the following rule of thumb is an illustration: 120 lbs: one drink in one hour .032
two drinks in one hour .064
three drinks in one hour .096
180 lbs: one drink in one hour .021
two drinks in one hour .042
three drinks in one hour .063
four drinks in one hour .084

What Is Required For A Police Officer To Stop Me To Investigate Whether Or Not I Am Driving Under The Influence?

Tue, 29 May 2007 21:19:00 GMT

The officer must have what is legally termed a "reasonable suspicion," either that you have been in an accident, or based on something unusual that is actually observed about the way a person is driving. This is a very low standard and it can be satisfied by virtually anything which appears out of the ordinary and that might be a sign of a driver being under the influence. In Michigan these can also include an illegally tinted windshield or not using seat belts.

What Happens To Me If I Am Pulled Over By The Police For Investigation Of Drunk Driving?

Tue, 29 May 2007 21:19:00 GMT

If you are stopped, always be courteous and cooperative with the officer even if you are free of any type of alcohol or drugs, and even if you are certain that your driving did not show anything unusual. Never argue with the officer. Law enforcement is a tough, often nerve wracking job and the "attitude" you show to the officer can often make all the difference as to whether or not the encounter will be an unpleasant one for you.

If I'm Stopped By A Police Officer And He Asks Me If I've Been Drinking, What Should I Say?

Tue, 29 May 2007 21:19:00 GMT

You are not required to answer potentially incriminating questions. A polite "I would like to speak with an attorney before I answer any questions" is a good reply. On the other hand, saying that you have one or two beers is not incriminating: it is not sufficient to cause intoxication and it may explain the odor of alcohol on the breath.

What Will Happen If The Officer Who Pulls Me Over Suspects That I Have Been Driving Under The Influence?

Mon, 04 Jun 2007 21:51:22 GMT

The officer will ask you to get out of the car and will instruct you to perform a series of "field sobriety tests." These are standard physical ability measures and they include: Reciting the alphabet from A Z, and counting backwards; Walking heel to toe along a straight line; Standing on one foot for a few seconds; In addition to these tests, some officers typically have certain field sobriety testing devices which they use. One such device is a breath meter (PBT) which you blow into, another is a light to shine in your eyes in order to test your pupil reaction. It is very important that if you suffer from any chronic physical problems, such as difficulty with your balance, problems walking or with your legs or feet, or problems with your lungs or eyes that you inform the officer of these things before you go through the field sobriety tests.

Do I Have A Right To An Attorney When I'm Stopped By An Officer And Asked To Take A Field Sobriety Test?

Tue, 29 May 2007 21:19:00 GMT

As a general rule there is no right to an attorney until you have submitted to (or refused) blood, breath or urine testing. In some situations, there is a right to consult with counsel upon being arrested or before deciding whether to submit to chemical testing. Of course, this does not mean that you cannot ask for one.

What Should I Do If I'm Asked To Take Field Sobriety Tests (Fsts)?

Tue, 29 May 2007 21:19:00 GMT

Unlike the chemical test where refusal to submit may have serious consequences, you are not legally required to take any FSTs. The reality is that officers have usually made up their minds to arrest when they give the FSTs; the tests are simply additional evidence which the suspect inevitably "fails." Thus, in most cases a polite refusal may be appropriate.

What Happens If The Officer Believes That I Have Not Performed The Field Sobriety Tests Satisfactorily?

Tue, 29 May 2007 21:19:00 GMT

You will probably be asked to take a preliminary breath test (PBT). You should be told that the only penalty if you refuse the PBT is a $100 fine. If you fail either test you will be told that you are under arrest for driving under the influence. You will be handcuffed, searched for weapons, placed in the back of the officer's car and taken to a jail for further tests. At the jail you will also be booked and held there until you post bail or until a judge releases you on your own recognizance without bail. Once again, as upsetting and as stressful as being arrested is, it is essential that you continue to act courteously and cooperatively with the officer. Do not argue, threaten or become belligerent in any way. This type of behavior will only make the experience even more unpleasant for you.

What Is A Blood Alcohol Test?

Tue, 29 May 2007 21:19:00 GMT

This is a physical procedure to determine how much alcohol you have in your system. There are three ways of doing this test: Drawing a sample of blood from your arm; Obtaining a urine sample; Obtaining a breath sample by having you blow into a machine called a breathalyzer. [This is different from the field (road) sobriety breath device (PBT) described above. The breathalyzer is much more sophisticated and exact.] The officer will request one of the three tests. Unless you are physically unable to take that test you must do so. If you do not, you can lose your driving privileges. If, and only if, you take the requested test, you can then request one type of test of your own and the officer must act reasonably to obtain this test for you. If you do refuse the officer's requested test it is likely he will seek a search warrant and forcibly take blood from you.

I Was Never Read My Rights Before Being Arrested For A Dui, Will My Case Be Dismissed?

Mon, 21 Apr 2008 20:40:16 GMT

In the context of a drunk driving arrest, there are really two sets of rights that should be read to a suspect by the police; the Miranda rights and the chemical test rights. The Miranda rights are the rights that most of us are familiar with, and address your right to speak with an attorney before questioning. A reading of the Miranda rights will include an affirmative statement by the police that what you say can be used against you in Court. In legal terms, the Miranda rights only apply to postcustodial statements that the prosecutor wants to use against you. Thus, if you are placed in custody but not advised of your Miranda rights, then your attorney can make the argument that any statements you made after you were placed in custody (such as the amount of alcohol consumed) cannot be used against you. It would be a rare case for this failure to lead to a dismissal of your case, but with the right attorney arguing the right facts, a dismissal might still be possible. Chemical test rights are quite different. They are statutory in nature, and arise out of Michigan's implied consent law. In Michigan, when you drive an automobile, you impliedly consent to take a chemical test of your breath, blood or urine. Thus, after you are arrested, the police officer must read you your chemical test rights, including your right to have your own (independent) chemical test. These rights must be read to you before the officer asks you to take such a chemical test. If you are not properly advised of your chemical rights, (and offered the reasonable opportunity to have your own test), then you may be able to keep the police conducted test results out of evidence. It should also be noted that some Michigan Courts have also found that the chemical test rights are constitutional in magnitude inasmuch as they address the accused's right to gather potentially exculpatory evidence in his or her own defense. Consequently, under the appropriate circumstances, a failure to read the chemical test rights might lead to a total dismissal of the drunk driving case. In any event, both sets of rights should be discussed with your attorney so that you can determine what impact, if any, they might have on your case, and whether or not a violation in your case is sufficient cause to seek a dismissal.

Why Am I Being Charged With Two Crimes?

Tue, 29 May 2007 21:19:00 GMT

The traditional offense is "operating under the influence of liquor" (OUIL). In recent years, however, many states have also enacted a second, socalled "per se" or UBAL offense: driving with an unlawful bloodalcohol level (.10 in Michigan). When both offenses are charged, the defendant cannot be convicted of both; either one or the other, something lesser, or nothing.

Will It Be Advantageous For Me To Plea To The Charge Of Attempted Ouil?

Tue, 29 May 2007 21:19:00 GMT

No, in Michigan, an attempt is treated like a completed offense as far as licensing and criminal prosecution purposes are concerned.

What New Crimes Were Created By The Recent Changes In The Michigan Drunk Driving Law?

Tue, 29 May 2007 21:19:00 GMT

Some of the crimes newly established in Michigan are: Driving While License Suspended Causing Injury, a 5 year felony; Driving while License Suspended Causing Death, a 15 year felony; Allowing Another Person to Drive While License Suspended Causing Injury, a 2 year felony; Allowing Another Person to Drive While Suspended Causing Death, a 5 year felony; Endangerment: driving while impaired, under the influence or Zero Tolerance, with passengers under age 16, a misdemeanor.

What Are The Possible Defenses To The Ouil/Ubal Case?

Tue, 29 May 2007 21:19:00 GMT

It is not possible to point to one defense or group of defenses for every case. Depending on the facts of your case, the following defenses may or may not apply: Improper Stop If it can be shown that the police did not have a proper cause to stop your vehicle, then the evidence collected after the stop might be thrown out. The legal standard is that the stop must be justified by probable cause or an articulable suspicion that criminal activity was afoot. Of course, notice of a violation of the traffic code, such as speeding or weaving, will provide a sufficient basis for the stop as well. Improper Arrest it will be important for your attorney to determine if your arrest was statutorily and constitutionally proper. This is because an improper arrest can sometimes lead to the Court throwing out the evidence, and ultimately to the dismissal of charges. Improper Police Procedures Relative to the Chemical Testing The taking of breath and blood samples is governed by statues and administrative rules, as is the calibration and maintenance of the testing instruments. If it can be shown that the police did not follow these statutes and administrative rules then the test results can sometimes be thrown out. While this is unlikely to lead to a dismissal, it does make the case a better candidate for victory at trial. Improper Police Procedures Relative to the Field Sobriety Tests While there are no standardized rules applicable to the taking of field sobriety tests, there are police training manuals and the like that can be used in crossexamination to show that a police officer did not administer the field sobriety test(s) properly. There are also scientific studies that show how inaccurate the field sobriety tests really are. While these facts and circumstances will almost certainly not lead to a dismissal, they should help to persuade the jury to view things more favorably for the defendant, and hopefully result in a notguilty verdict. Defects in the Charging Documents Any irregularities in the charging documents and police reports can sometimes be used to call the police officer's credibility into question. The argument to the jury is if the police officer is mistaken as to the direction your car was traveling then perhaps he/she is mistaken as to other facts as well. This is critical since the prosecutor's case usually turns on the testimony of the arresting officer(s). Suppression of Incriminating Statements While the courts seem less and less inclined to suppress incriminating statements based on a police officer's failure to read a defendant his/her rights, "nonMirandized" statements are still sometimes suppressed. If you made admissions regarding how much you had been drinking then ask your attorney to determine if Miranda applies and if these statements can be suppressed. Increasing Blood Alcohol In an unlawful blood alcohol case (UBAL) the prosecutor must show that your blood alcohol was over the legal limit at the time you were driving. Thus, if the chemical testing (breath/blood/urine) in your case was not performed until long after the actual arrest (and presumably the act of driving) then you can argue to the jury that these chemical test results should be given less weight. Expert testimony is usual helpful to drive this point home to the jury. Again, with the proper underlying facts this might help persuade the jury to view things more favorably for the defendant, and hopefully result in a notguilty verdict. Inaccurate Chemical Test Instruments The machines used by the police to test a person's breath, blood or urine are all subject to inherent inaccuracies. It is simply not possible for any testing instrument to be 100% accurate all the time. Blood testing is probably more accurate overall then is breath testing, which is again probably more accurate than urine testing. Still, simply because you tested over the limit this does not mean that you have no defense. Talk to your attorney about how the specific facts of your case may have cause an inaccurate test result. Keep in mind also that it is usually necessary to retain an expert to help educate the jury regarding these inaccuracies. This list is not exhaustive, and there may be different or additional defense specific to your case. The point is that you should not simply walk into court and plead guilty without first having your case evaluated by competent counsel. This is because almost all cases can be defended in some manner. This is not to say that all defenses lead to a dismissal or even a substantial reduction in the charges, nor does it mean that it makes sense to vigorously fight every case. However, you should have every opportunity to make fully informed decisions about all of these things, and this decision making process will most likely require the advice of legal counsel.

What Are The Sentencing Guidelines, And Do They Apply In My Case?

Tue, 29 May 2007 21:19:00 GMT

The sentencing guidelines are just that, guidelines that the judge must follow in determining the appropriate sentence. The goal of the guidelines is to produce relatively consistent sentences for all offenders based on his/her prior record and the specific facts of his/her offense. If you are charged with one of the drunk driving felony offenses, such as OUIL 3rd, Driving while License Suspended Causing Death, a 15 year felony, etc., then the guidelines will apply in your case. Ask your attorney about this when you first meet with him/her.

My Ticket Says Im Charged With A First Offense But I Have Another Drunk Driving Conviction Less Than 7 Years Ago. I Havent Gone To Court Yet. How Can I Tell If Im Going To Be Charged As A Second Offender, And Under These Circumstances, Will I Be Able To Keep My License? Will I Be Going To Jail?

Tue, 29 May 2007 21:19:00 GMT

The way the law works now (since 10/99) is that the prosecutor will simply count prior alcohol related convictions, so keep in mind that doesn't matter if the prior is an OUIL, OWI, "zero tolerance" or any other alcohol related driving charge. If you have a prior within 7 years, then your current charge is potentially a second offense. Unless you were given a ticket that says "OUIL 2nd", it will be up to the prosecutor to determine whether or not to enhance the charge to a second offense. Second offenses are most often started with a complaint and warrant, so if a ticket was issued that usually (but not always) means it's being charged as a first offense, and of course, if your ticket says simply OUIL or otherwise does not denote "second offense", this also would suggest that you are being charged as a first offender. However, also keep in mind that the prosecutor can literally seek to amend or change (enhance) the charge to a second offense at any time before you are sentenced, and many judges will allow late amendments, so it's probably too early to tell what will happen with the charge. Once you get to court, and your lawyer looks at the document called a "complaint", then you will have a better understanding of the exact charge you are facing. The above discussion applies primarily to the punitive sanctions, i.e., the first/second offense difference in what the Court can and cannot consider in sentencing you. It gets kind of complicated, but suffice to say that for a second offense there is a minimum jail sentence of 5 days and/or 3090 days community service, and up to a maximum of 1 year in jail. (Now most Courts pretty much give some amount of jail time for second offenses). Because the Judge will know you have a prior at the time you are sentenced, even if you are charged or plead guilty to a first offense, the Judge will often times still give you a sentence consistent with a second offense, which he/she can do because the first offense carries a possible sentence of up to 93 days in jail. Thus, even though there is a mandatory sentence for a second, it's still permissive for a first offense. Bottom line is it won't make all that much difference what you're charged with, although it's still probably better that you be charged with a first offense, because it at least gives your attorney a better argument to avoid jail time, which is something you'd need to discuss specifically with the attorney you retain. Moving to the driver license sanctions, this is pretty straight forward. The Secretary of State simply counts prior alcohol convictions within the appropriate period, then applies the applicable sanctions. Consequently, it doesn't matter what you're charged with or plead guilty too, if you have two alcohol driving convictions within 7 years, if you're convicted your license is gone for one year, with no driving whatever during the period of revocation.

With A Repeat Offense (Second Or Third Alcohol Driving Conviction), Is There Any Way For Me To Get A Restricted Driver License? I Have Court Ordered Visitation With My Kids, Will I Be Able To Drive To See Them?

Tue, 29 May 2007 21:19:00 GMT

Now that the Secretary of State has the sole jurisdiction over driver license sanctions on drunk driving cases, with a second offense within 7 years your license will be revoked for 1 year, and if you have two or more within 10 years, you will have your license revoked for 5 years. Sorry for the bad news, but during this period of revocation, there is literally no way to "get in front of" the Secretary of State to request restricted driving privileges. The legal term is "due process", and in the context of a drunk driving charge you have no due process rights relative to your driver license. Consequently, there's really no way to even request a restricted driver license during the period of revocation. So, it doesn't matter what your standing in the community is, what special needs you may have, or anything else, the Secretary of State simply counts priors and imposes the appropriate license revocations.

Im Charged With A Second Offense Ouil, But I Think My Prior Offense Is More Than 7 Years Old. What Should My Lawyer Do To Verify This Enhanced Charge?

Mon, 04 Jun 2007 21:51:22 GMT

When counting prior convictions, the Secretary of State counts from date of prior conviction to date of current conviction. To understand this, you need to know the legal definition of "conviction". A conviction occurs when you either plead guilty or are found guilty by a judge or jury, and this is the conviction date. This date may or may not actually be reflected on your driving record, and if it's a close call, the thing to do is to have your attorney order a copy of the judgment of conviction from the court where you were previously convicted. This is the document that would be prepared by the court and will reflect the actual conviction date. If there's still some confusion, it is sometimes necessary to order a copy of the transcript of the plea (or trial), as this would be the most accurate and persuasive piece of evidence relative to the date of conviction. Again, keep in mind that in Michigan the conviction date is not the date of sentencing, but the usually earlier date of the verdict or plea. Also, since the Secretary of State counts from conviction to conviction, it doesn't matter when you are arrested on the second or subsequent offense. If you can wait to plea guilty, or delay trial long enough that you can get past your 7 year anniversary date, then you can avoid the imposition of the more harsh license sanction by the Secretary of State, and in some circumstances, may even avoid losing your license all together. In this situation you will need a knowledgeable lawyer willing to do the work required to protect your interests.

How Long Will A Drunk Driving Conviction Remain On My Record?

Tue, 29 May 2007 21:19:00 GMT

All alcohol related traffic offenses are crimes, and are classified as either misdemeanors or felonies. Thus a drunk driving conviction will remain on your record for life. An important distinction however is regarding the treatment of this type of conviction by your automobile insurance company. Most insurance companies will stop considering drunk driving convictions in accessing auto insurance rates after a period of years. Because there's no hard and fast rule on this, it's best to check with your insurance company to learn what their specific policy is in for drunk driving offenses.

Can I Have My Drunk Driving Conviction Expunged (Set Aside)?

Tue, 29 May 2007 21:19:00 GMT

No. The statute governing expungement in Michigan specifically precludes a person from even seeking to have a conviction for a "traffic offense" (including drunk driving) setaside. The statute also precludes a Judge from setting aside such a conviction.

I Pulled Over To 'sleep It Off', But Still Got Charged With Drunk Driving. I Wasn't Driving When The Officer Arrived. Can I Actually Be Convicted?

Tue, 29 May 2007 21:19:00 GMT

Possibly yes. There are really two separate questions here; were you operating, and was the arrest valid (lawful)? To "operate" a motor vehicle, a person must be in "actual physical control" over the vehicle. This means that if you are behind the wheel and the car is running, you are probably operating the vehicle. However, this determination will depend on the specific facts of your case because the Michigan Courts have indicated that "once a person using a motor vehicle has put the vehicle in motion, or in a position posing a significant risk of harm, this person continues operating the vehicle until it is returned to a position posing no such risk". Consequently, if your car is running, but does not pose a risk, then your attorney might be able to argue that you were not "operating". Keep in mind though that the facts of your case must be carefully scrutinized by your attorney because circumstantial evidence can also be used to prove this element of the crime. What this means is that if the police find you in a motionless car, but there is sufficient circumstantial evidence to show that the car must have been driven by you to that location at some point earlier in time (such as the mere location of the car, tire tracks, warm hood, etc.), then the charge can sometimes be sustained using this evidence of prior operation. Cases like this must also be scrutinized by your attorney to determine the legality of the arrest. This is because the offense (if a misdemeanor) was committed outside the police officer's presence, and this sometimes makes a warrantless arrest illegal. But, it's not really that simple. This is because on the one hand there is a statute that indicates that a warrantless arrest is valid if the police officer has "reasonable cause" to believe that a driver was operating while impaired or intoxicated and was involved in an accident or where any part of a parked vehicle intrudes into a roadway. On the other hand there is a more general statute that says that a police officer may make a warrantless arrest if he/she has "reasonable cause" to believe that a misdemeanor punishable by imprisonment for more than 92 days or a felony has been committed (all drunk driving cases qualify) and reasonable cause to believe that the person committed it. Either way, the facts must be scrutinized to determine if the officer had such "reasonable cause" to make the arrest. Sometimes a case with an issue of "operation" must be taken to trial so that the jury can make the final determination of these fact questions. The jury might not want to convict where the driver did the "right thing" and tried to sleep it off.

How Can I Find A Qualified Drunk Driving Lawyer?

Tue, 29 May 2007 21:19:00 GMT

The best way to find a good OUIL/UBAL lawyer is by reputation. There are a few attorneys who have statewide or national reputations; these, of course, are expensive. Thus, the best approach is to ask other attorneys or court workers in the jurisdiction, or acquaintances who have also shared this experience. When you meet with the attorney, make sure of three things: He has extensive experience in OUIL/UBAL litigation; He has a reputation for going to court hearings in appropriate cases, rather than just "copping out" his clients; and The financial terms of representation are clear.

What Will It Cost To Get A Lawyer?

Tue, 29 May 2007 21:19:00 GMT

This varies, of course, by the reputation and experience of the lawyer and by the geographic location. As with doctors, generally the more skilled the attorney and the larger the city, the higher the fee. A related factor is the amount of time a lawyer devotes to his cases: the better lawyers take fewer clients, spending more hours on each. The range of fees is huge. A general practitioner in a small community may charge only $500; an OUIL specialist with a national reputation may charge $7,500. In addition, the fee may vary by such other factors as: 1. Is the offense a misdemeanor or felony? 2. If prior convictions are alleged, the procedures for attacking them may add to the cost. 3. The fee may or may not include trial or appeals. 4. Administrative license suspension procedures may also be extra. 5. The lawyer may charge a fixed fee, or he may ask for a retainer in advanceto be applied against hourly charges. 6. Costs such as witness fees, independent blood analysis, service of subpoenas, etc. may be extra. Whatever the fee quoted, you should ask for a written agreement and make sure you understand all the terms.

What Is An Arraignment? Should I Have My Attorney Attend?

Tue, 29 May 2007 21:19:00 GMT

The Arraignment is the first appearance in the criminal process. The judge must advise you of what you have been charged with, and advise you of the possible penalties. The judge will set your bond and may schedule the next court date, the pretrial. Sometimes, the Pretrail conference does not get scheduled until a day or two later by the clerk and a notice is mailed to you. Finally, the court may ask you to enter a plea... Guilty or Not Guilty. However, state statute says that the court may not question the accused about the alleged offense or request that the accused enter a plea. Since this is your first opportunity to look good before the court, it is essential that you at least get an attorney's advice before entering the courthouse.

Can The Judge Increase My Bond At The Arraignment?

Tue, 29 May 2007 21:19:00 GMT

Yes. The initial bond was probably set by a magistrate or by jail policy upon your release. The formal bond must be set by the judge. The court will set the amount of bond according to how likely it appears you will appear for future court hearings. A good attorney knows how to argue that you are not a flight risk.

What Is A Pre-Trial Conference?

Tue, 29 May 2007 21:19:00 GMT

A PreTrial Conference is a meeting between the prosecutor and your attorney. The judge may also attend this meeting. The purpose is to try and settle the case without going to trial. A trial is expensive for both sides. It is essential that you have a good attorney at this step. Often, the PreTrial Conference sets the tone and character of the whole case.

Should I Go With My Attorney To Speak With The Prosecutor?

Tue, 29 May 2007 21:19:00 GMT

No. Although you may be required to "appear" for the Pretrial Conference, it is usually best to allow your attorney to conduct the meeting with the Prosecutor in private. Your attorney can do more for you, and get the Prosecutor to make more concessions and stipulations if you are not there. The attorney will advise of all that goes on, so you are well informed about your case.

What Is A Plea?

Tue, 29 May 2007 21:19:00 GMT

This is where you formally declare your guilt and give up your right to a trial. This is done because you have decided that you can not prevail at trial (or can not afford a trial), or your attorney has convinced the prosecution to reduce the original charge in exchange for your plea to a different or lower charge. It is called a "plea offer" when the prosecution offers this reduced charge. This is another critical step that must be handled by an experienced attorney. If the details of the reduced charge are not properly recited on the record, you may not get the deal you bargained for, and you may receive a more harsh sentence than you anticipated.

Is It Important To State The 'deal' On The Record?

Tue, 29 May 2007 21:19:00 GMT

Yes. If the socalled deal is not placed on the record, the judge is not required by law to follow it at sentencing. The terms of the deal must be fully understood by the court. Here, you must rely on your attorney to understand the terms and to insure that the judge understands them as well. An experienced attorney knows how to communicate in legalese with the judge.

Once I Enter A Plea, Can I Change My Mind?

Tue, 29 May 2007 21:19:00 GMT

Generally, No. The conditions where a plea can be withdrawn are beyond the scope of these FAQs.

What Is A Trial? Do I Have To Have A Trial?

Tue, 29 May 2007 21:19:00 GMT

A trial is a formal process where the judge or a jury determines whether you are guilty. Every one charged with a crime has a right to a trial. However, few cases go to trial because of the expense and the desire to accept the plea offer. When a guilty plea is entered, no trial is held.

Why Is Going To Trial So Expensive?

Tue, 29 May 2007 21:19:00 GMT

The primary reason is it is very time consuming for the attorney to properly prepare. Preparation for trial costs much more than conducting the trial itself. Good trial preparation is difficult and tedious work. Television glorifies the actual trial. The truth is that most trials are won or lost on the quality of the preparation.

What Is Sentencing?

Tue, 29 May 2007 21:19:00 GMT

Sentencing is where the court determines what your punishment will be. The kinds of punishment can be quite varied. The most common is fines and costs. Also very common are: probation, time in jail, community service, and immobilization of your auto. This is by no means a complete list of the options a judge has.

Where And When Can I Drive With A Restricted License?

Mon, 04 Jun 2007 21:51:22 GMT

In the course of the person's employment or occupation, AND to and from any combination of the following: The person's residence; The person's' work location; An alcohol or drug education or treatment program as ordered by the court; The court probation department; A courtordered community service program; An education institution at which the person is enrolled as a student; A place of regularly occurring medical treatment for a serious condition for the person or a member of the person's household or immediate family.

What Tips Do You Have For Me At Sentencing?

Tue, 29 May 2007 21:19:00 GMT

First, let your attorney take the lead. He is there to represent you and make you look good. Do not forget that you hired him to take that role. Do not try and up stage your own attorney. The attorney will have given you specific advice on what to say and what not to say. Take time before hand and memorize his advice. If you suddenly remember a question right in the middle of the hearing, whisper it in your attorney's ear. Do not interrupt the judge.

Can The Judge Increase My Bond Or Change My Bond Conditions At The Plea?

Tue, 29 May 2007 21:19:00 GMT

Yes. This is another very good reason to have an experienced attorney. A good attorney will know what the judge needs to hear to be assured you will appear at the sentencing.

What Is License Restoration?

Tue, 29 May 2007 21:19:00 GMT

Based on changes made to the Michigan drunk driving statutes in October 1999, the Secretary of State was given total power and authority over the administration of driver license sanctions for almost all alcohol related traffic offenses. According to this statutory scheme, the first offender loses his/her license for a period of either 90 days for an OWI or 180 days for an OUIL. At the expiration of this period the driver need only go to his/her local Secretary of State Branch Office, pay a fee and apply for a new license. Provided there are no other impediments, the offender will then receive his/her license with full driving privileges The same is not true for the repeat offenderanyone with a prior drunkdriving related traffic offense within either seven or ten yearsdepending on the circumstances. The second repeat offense carries a mandatory license revocation of a minimum oneyear period, and the third repeat offense carries a mandatory license revocation of five years. Approximately ten days after the Secretary of State receives notice of the conviction, the driver is notified by mail of the "to/from" dates, i.e., when the revocation starts and ends. At the end of this period the driver may not seek a new license at the Branch Office, but instead must file a petition with the Secretary of State's main office in Lansing. A hearing is then scheduled with the Driver License Appeal Division (DLAD). The "Petitioner" (person who qualifies for a hearing) then appears at this hearing and attempts to convince the hearing officer to return his/her driver license. If the Petitioner is not successful, he/she may not petition the DLAD again until the expiration of one year after the determination is first made.

What Evidence May Be Presented?

Tue, 29 May 2007 21:19:00 GMT

The hearing officer may require that the Petitioner present evidence from not less than three different sources to support his/her sobriety with respect to alcohol and/or controlled substances. These might include things like a urinalysis drug screen to show the absence of drugs or alcohol, a substance abuse evaluation (on the form provided by the Secretary of State), letters from persons that document the Petitioner's behavior, proof of involvement, both past and current, with a treatment program or programs, and proof of his/her past and current structured support program (this usually means AA). Please contact us to help you prepare and present your evidence in the light most favorable to you. Don't risk being denied a chance at getting your license back by not calling us.

Will I Get My License Back?

Tue, 29 May 2007 21:19:00 GMT

The hearing officer has three options: he or she can reject the petition, issue a restricted license with an ignition interlock device, or order a full restoration of driving privileges. What type of license is issued is totally at the discretion of the hearing officer based on the evidence presented.

What Happens If I Lose?

Tue, 29 May 2007 21:19:00 GMT

You will basically have three choices. You may either (1) wait the year until you are next eligible for a new hearing; (2) file a petition for rehearing, or (3) appeal the hearing officer's determination. There are advantages and disadvantages to each of these options, and these should be discussed with an attorney. This area of the law is complicated and constantly changing.

What Are The Speed Limits In Michigan?

Tue, 29 May 2007 21:19:00 GMT

Unless Otherwise Posted
Absolute Interstate 70 mph
Other freeways 70 mph
Other highways 55 mph
Unposted roads 55 mph
Trucks 55 mph
Residential 25 mph

What Is The Speed Limit For Trucks?

Tue, 29 May 2007 21:19:00 GMT

Michigan has a differential 55m.p.h. truck speed limit

How Are Speed Limits Enforced?

Tue, 29 May 2007 21:19:00 GMT

Enforced through use of: Pacing Yes
Radar Yes
Vascar Yes
Photo Radar No
Aircraft Yes
Laser Yes

How Can Tickets Be Paid?

Tue, 29 May 2007 21:19:00 GMT

Tickets can be paid by mail (civil infraction only) or in person.

Is Trial By Declaration Allowed?

Tue, 29 May 2007 21:19:00 GMT

When Is A Jury Trial Allowed?

Tue, 29 May 2007 21:19:00 GMT

Speeding No
Parking No
Equipment No
DWI Yes

What Is A Member Nonresident Compact?

Tue, 29 May 2007 21:19:00 GMT

Nonresident motorist receiving a ticket in a member state will receive the same treatment as resident motorists. If your state or the state you receive a ticket in is not a member, you may have to pay a cash bond before you can continue your trip. Michigan is not a member.

What Is A Member Driver License Compact?

Tue, 29 May 2007 21:19:00 GMT

If you receive a ticket, warning, etc. in another state and your state is a member, you state will be notified about the ticket. Michigan is a member.

When And Where Do I File Accident Reports?

Tue, 29 May 2007 21:19:00 GMT

Accidents involving death, personal injury, or total apparent damage exceeding $400 must be reported immediately to the local authorities.

What Are The Resident Insurance Requirements?

Tue, 29 May 2007 21:19:00 GMT

Compulsory insurance law and securitytype financial responsibility law. Minimum limits: $20,000/40,000/10,000. Nofault insurance is required and Michigan has uninsured motorists law.

When Must I Use Headlights?

Tue, 29 May 2007 21:19:00 GMT

Headlights must be used during daytime bad weather.

What Are Some Other Regulations?

Tue, 29 May 2007 21:19:00 GMT

Open intoxicants are prohibited in the vehicle.
The BAC level is .10%.
Unloaded firearms are permitted in the vehicle. Firearms must be cased and not easily accessible. A carrying permit is required to transport handguns. Handguns can be transported only for repairs, purchase, or with permit to hunt or target shoot.
Studded tires are permitted in Northern Lower Michigan and Upper Peninsula from October 1 to May 1.
Tire chains are not required.
Michigan has a seatbelt law with primary enforcement for all frontseat occupants and all rearseat occupants under 16 years of age, although passengers in excess of the number of seat belts need not wear belts. Children under age 4 must be in approved safety seats.
Michigan has a seat belt law with secondary enforcement for all front seat occupants and all rear seat occupants under 16 years of age.
Michigan has a mandatory motorcycle helmet law.
Registration and insurance card must be carried in the vehicle.