QUESTION

Can I be charged with OWI when I was home 15 to 20 minutes before the cops showed up?

Asked on Sep 14th, 2014 on DUI/DWI - Michigan
More details to this question:
I was driving home from cashing my paycheck and as I arrived, a man with a Corvette was parked at my house so I asked him if there was a problem. All he said is the cops are coming. I did not realized he called them on me. So I went inside. I started drinking because I was soon to be going out with friends. It was the day before my wedding. Then the cops barged in without a warrant. Without consent to enter the house. They did a breath test on me and took me in for OWI and hit and run. I was never read my rights or even told what I was charged with until I was at the police station. They impounded my car right out of my drive way without warrant. There wasn't a scratch on my car or the other man's. I missed my wedding and I'm getting kicked out of the military if I'm charged. I don't know what to do.
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4 ANSWERS

Jacob P. Sartz
If you need specific legal advice for your particular circumstances, I encourage you to privately consult with a lawyer. If you are charged with an offense and cannot afford to pay for your own defense, the court may appoint you an attorney payable at the public's expense. You have a right to counsel. You should either retain a lawyer or ask for a court-appointed lawyer at your arraignment. You are presumed innocent. They need to prove your guilt "beyond a reasonable doubt." There may be some issues with their case based on your description; however, much of it will probably hinge on the potential testimony of the person who saw you driving. Ultimately, based on your description, there may be issues with your arrest, your tests, and other measures. However, those are issues for a properly researched and filed motion to suppress as the case proceeds. The prosecutor, depending on what the reports say, probably has a much different version of events based, in part, from the person who called in the incident. As for reading you "your rights," that's only an issue if they wished to question you when you are not in a position to leave, i.e., custodial interrogation or custodial questioning. If they did question you while you were in custody and they did not read you your rights, it may be grounds for a motion to suppress any alleged statements that were made during that questioning. You need counsel and as soon as possible, especially given the stakes regarding your military career.
Answered on Sep 18th, 2014 at 8:50 AM

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Small Businesses Attorney serving Livonia, MI at Klisz Law Office, PLLC
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Sounds like a very tough case for you as the facts are difficult. You need a skilled attorney on board right away to figure out your defenses.
Answered on Sep 16th, 2014 at 11:49 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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You know that you should be engaging an attorney, now! Speak with no one about the incident until you have counsel. You have possible defenses.
Answered on Sep 16th, 2014 at 9:50 AM

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Criminal Defense Attorney serving Southfield, MI
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You will need an in-person lawyer.
Answered on Sep 16th, 2014 at 9:39 AM

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