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St. Clair Crime
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If an officer arrests me for OWI, then, before transporting me to jail, asks me to do a PBT, should he advise of Miranda rights?
If an officer arrests me for OWI, then, before transporting me to jail, he offers me a PBT to be sure, should be have informed me of my Miranda rights in addition to my PBT rights? He arrested me after conducting a few sobriety tests. I was told I was under arrest and placed in the back of the patrol car. I told him I had some medical issues and was not intoxicated. He then asked me if I would pass a PBT. Since I was already arrested, I told him I did not want to do anything else that may incriminate me and he said it could not be used against me in court anyway. Because I was arrested and in custody, should he have informed me of my Miranda rights to remain silent in addition to my PBT rights? This all happened prior to being transported to jail to take the Datamaster.
It is a common misconception that the police must advise every arrestee of their Miranda rights. That is the stuff of...
My drivers license was revoked for OUIL. But it was not my second OUIL. I thought in MI it had to be your 2nd to get revoked
Im now 30 years old. I havent had a license since i was 21. When i was 20 i got an operating while imparied. Then when 21 i got a OUIL but the sheriff wrote me up for OUIL 2nd. When it was only my first. Unless the law says that an impaired counts as ur first OUIL. Anyway i moved from the state of MI because my wife was in the US navy. We returned to state in 2009 but the state says i have to have 6 months of AA, substance abuse eval, interlock breathlizer and drivers training. However the judge sentenced me to only a 550.00 fine with no probation, no classes, no nothing. Im curious if my license should be been just suspended and not revoked? I still paid the 2000 in drivers responsiblity fees anyway. Now they wont let me get a license without all this stuff. It happend so long ago. Help
I can't speak directly to Michigan law and Michigan attorneys correct me if I'm wrong, but in the states I've practiced...
3rd dui probation violation, warrant, ordered to turn myself in, how do I plead, who will I talk to to keep my home and family?
49 year old woman, all 3 since 2010, spent 55 days on my last INCARCERATION BEFORE SENTENCED, DIRTY DROP on June 20. no others but a warning right after I told probation myself that I drank. I lost my business, married to a 61 year old out of work, have two minors in home, a grown child with a husband and three granddaughters, I lost my mom at age 3 and half, to a car , she was pedestrian, I lost my dad to a blood disease jan 30, 2013
I have changed your practice area to DWI in the hopes you get more answers to your question from local attorneys. You...
For a dui.I got 2 years of probation&in home breathalyzer,AA meetings 3 times a week. is it allowed being my first offense??
its my first offense. I was the driver . My lawyer did not help me at all. I am paying fines that I cant even pay. I need answers please!!
The maximum penalty for a DUI first offense is 93 days in jail, up to 2 years on probation, and a $500 fine. The...
I have an expert witness for my DUI case, an optometrist. Can I also now bring in medical records, specifically, my eye exams?
I want to know if I can bring into evidence my eye exams and maybe other medical stuff, like a medical eye book, or maybe something else like a pamphlet from the American Eye Association (or something similar) to support her testimony about my eye condition. Can I now bring that in? How? She is going to discuss an eye condition I have that will help my case.
To answer your question about the evidence you want to admit at trial the answer is "maybe". It all depends on its...
For my drunk driving case, my court appointed attorney filed a motion without my knowledge. Can he do that?
I am in Michigan and I got a drunk driving, first one since 1993 and it is a felony. My attorney has filed a motion to throw out the datamaster due to the 15 minute observation rule, but I'm feeling what he is really doing is giving the prosecutor a heads up, because I really wanted to confront them with this at trial so they were not prepared.
One, you should ask your attorney as they can explain their decision to you. Second, these are motions that must be...
I'm on probation for domestic violence in genesee county, 18 years old, got a dui in st. clair county, what should i expect?
I am on probation for domestic violence in genesee county. It was alcohol related. I was put on a smart start machine and sentenced 1 year probation starting aug 30th 2012. I had 2 mips on my record prior to this. On jan 6th i got a dui in st clair county where I live. I am 18 yrs old. I am supposed to be starting cosmetolgy school feb 18. I called my probation officer a few days after I got my dui but shes on vacation until jan 28, a day before I go to court for my dui. but, the reason I was pulled over was because my trailer hitch was covering my license plate. I had a consultation with a lawyer already who looked at my truck and said my trailer hitch was not covering my license plate enough for the cop to pull me over. he said therefore the case could possibly be dismissed. help!
The question of whether a traffic stop is lawful or not is a legal question that is decided by the judge, in this case,...
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