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Iron Mountain Crime
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Why wasn't my second MIP considered first offense when my first MIP was diverted (off record)?
18 years old. Second MIP. Unopened container in my parents vehicle, nothing to drink, but was driving car. Went to court today, plead guilty. $590 fines, probation, with possible jail and license being revoked. Michigan law states $200 fine for second MIP, substance abuse treatment, community service, no jail unless you were on probation at time of MIP, and 90 day license suspension. Shouldn't my MIP be considered first offense as law states? I know I was wrong, but the law is the law.
Even though your first MIP was under diversion, it still counts as a prior when you get another similar (here same)...
Re-entry & VISA renewal query after DUI misdemeanor....
Can I leave US when I am on probation for DUI misdemeanor case? Also can I return too during that period? I have completed every thing, paid the fine, took the FOP class and do the community work. But my probation period is still on, so, can I leave US within my probation period and also can I re-enter again in my probation periopd? Will that be a problem at Port Of Entry?
Hello: I would suggest discussing the matter with your probation officer. You should be able to file a motion to...
Leaving & re-entering in the probation period...
I have a DUI misdemeanor charge against me. I have paid the fine, and attended the class. Everything is done. But still I am in probation for 1 year. So, can I leave US between my probation period and can I come back again during the probation? I have all the certified documents of my report. I am in Forster City, CA.
You are not eigible to go to Canada whether you are on probation or not. You would need to contact the Canadian...
I am being charged with felony dui casuing serious bodily injury. Is my public defender helping me or the prosecuter?
A guy that was riding in the vehicle with me in the backseat got a t-12 chance fracture in his back. The accident was on 10/18/2014 and i did a pbt and blew a .013. The "victim" is now in the marines, he left for bootcamp in Feb. 2015. As far as i know he doesnt want anything to happen to me hes not mad he just wants to move on from it. The prosecutor has charged me with dui ser bod inj and my case was started in Nov. I feel i have a good shot at beating this case considering the circumstances and my public defender seems to think i dont. Prosecutor keeps delaying trial because the victim is in bootcamp and cannot testify. I was told by my public defender the prosecutor would move foward w/o the victim and now he wants to wait. I dont know what to do.
Ironically, the prosecutor is helping, as delaying your case is a good thing. The reality is that this is too serious...
Can i be charged with having a open container & a dui if i wasnt given a BAC test or a citation?
I was pulled over for improper use of a turn signal, when i stopped the cops asked almost immediately to search the car but never gave a reason. Nervously i let them search and they found a empty beer can under the front seat, but they let me go told me i would receive a ticket for the turn signal in the mail. Now im going to be arraigned for a open container & a dui.
You should immediately hire a lawyer, aas the facts you list do not support those charges. Avvo has them. Good luck.
3 dui's, 1st age 17, 2nd 19 and 24 - Felony in Michigan. Any chance of dropping, lowering or losing felony charge?
Since this time he has received B.A. in History. Hasn't had a drink, fulfilled his probation in 2 1/2 yrs. of 5 yr. sentence. Is working but probably below what he could be doing? Hired a Attorney for the last 2 dui's, never did we receive counsel for any appeal or options that may have been available, like we found out later that you have 42 days to appeal the charge. Did we have option for Appeals? Is this something that should have been brought to our attention? We were so overwhelmed we didn't ask many questions when this was going on? Looking back, we feel like our attorney never gave us any options, he just had us run with the play. Is there anything that can be done?
NO. OWI is one of the felonies that cannot be expunged since it remains on your driving record.
What will happen now that I failed my ignition interlock device and then passed it?
This morning I stupidly used mouth wash before leaving the house to go to an AA meeting because I had gotten sick, and failed my breath test on my interlock device. I instantly started freaking out and had a panic attack, I tried quite a few times to blow, but my breathing was too sporadic for it to work and it eventually said something about, "tampering with device." I then was able to calm myself down enough to blow and passed. What should I expect now? I was not drinking and have not had a drink in over 3 years and I'm really scared they will revoke my suspended license. I am not on probation, I just received my restricted license at the end of February and I had to get the ignition interlock device installed through Smart Start. My device is not locked out or anything.
I have heard of this happening several times with clients and usually, nothing happens at all. I hope you share such...
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