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Lets say one was arrested for DUI/OWI in Michigan and has a DUI from another state in the past. The first OFFENSE occured and CHARGES were brought longer than 7 years prior to the new arrest, however due to multiple delays in court proceedings the plea agreement and end of the case was reached under 7 years from the new arrest. Would the new arrest count as a 2nd offense or does the lookback period count from when the 1st offense occured and when chargers were brought???
The statute reads "If the violation occurs within 7 years of a prior conviction...". In Michigan, a conviction occurs...
I have a court date at the end of the month and this is my first ever offense of any kind. What should I expect with the 46th district court as well as proceedings, need for an attorney, etc? And as far as consequences, what are the probables like jail time, probation, etc?
OWIs (Michigan DUIs) are extremely complex to litigate. You absolutely need an attorney. Make sure that when you talk...
2d DWI several months ago and have not received anything from court and was never arraigned? how to proceed?
I received 2nd DWI in the Spring and immediately checked myself into an in-patient facility for three weeks. It has now been several months and I have not received anything from the Court. All that I have is the paper temporary license that they gave me after I was arrested, which I guess is my ticket. I have never been arraigned, there is no court date on the ticket, and I have not received any notice whatsoever from the Court (of an arraignment or otherwise). Getting concerned and not sure what to do. Afraid to call the Court and trigger something happening. Any advice is greatly appreciated.
1st. Hire an attorney. 2d. check the clerk's office. There is probably a warrant for you for failure to appear.
Does Grand Blanc twp offer Sobriety Court? This is my third after 14 years do i have a chance of staying out of jail?
I have three kids and a wife a promising job with much potential. I need help.....
While I do not know if Grand Blanc offers Sobriety Court, I know you need to speak with a Michigan OWI attorney soon....
My niece was living in Chicago. She had an accident that did not involve any other vehicles. She got a DUI. This happened 6 months ago. The court keeps postponing the case. She has since moved back to Michigan. So much time has gone by that she has re-established herself here with a job and apartment. She cannot afford to go back and forth all the time and she cannot live there anymore. If she gets probation in Illinois (random testing etc) how will that work? Is there a way to transfer that sentence here to Michigan?
Generally speaking, probation can be transferred between states. Michigan has an Interstate Probation Compact statute...
I was involved in a minor accident however I believe I was charged with Operating while intoxicated. My PBT on scene was .12. I was taken to the sheriff station to complete booking. Another PBT was administered. I was not notified of the result. My question is when I was booked in the county jail I was only there for about 3 hours and then was released, I'm assuming on Personal Recon. I did not have to post bail however I was not arraigned either. Is this customary? Can I expect to be arraigned at a later date? Thank you
It appears you have not been formally charged as of yet and will be in the future. They will issue a warrant once you...
I was parked round the corner from a friend's house in Rochester, MI and was asleep behind the wheel. A policeman knocked on the window and woke me up. After some questioning I provided a road-side breath test and was well over the legal driving limit. I was not driving, and had just been sleeping in the car as I knew after leaving my friend's house that I would not be able to drive due to my consumption that day. I refused the breath test at the police station as when reading the statement prior to the test, they were seeking my acceptance that I was operating a motor vehicle - which I denied as I was sleeping, so a blood test was taken. My license was suspended immediately by declining that test and I spent the night in jail. What should I be expecting to happen?
You need a good criminal attorney as you may have a defense to any charges here.
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