QUESTION
Can I get this OWI charge dismissed if this is my 2nd offense?
Asked on Jan 31st, 2014 on DUI/DWI - Michigan
More details to this question:
My vehicle was in a crash. My friend and I were standing outside the vehicle looking at the damage. After being out of the vehicle for a decent amount of time. The police then pulled up and arrested me and charged me with an OWI. I can't tell you if I was driving or not. I blew a BAC of .22.
6 ANSWERS
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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The only way you will possibly get it dismissed is by having an experienced DUI attorney thoroughly review your case.
Answered on Feb 06th, 2014 at 7:43 AM
The issue is did you tell the police or any witness that you were driving or can prosecution prove somehow that you were the driver...that is the whole case.? it is not illegal to be a drunk passenger in a car. If the prosecution can't prove you were driving then you should have a good chance of success at trial.
Answered on Feb 06th, 2014 at 7:43 AM
Collections Attorney serving Okemos, MI
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Cindy Mannon, Attorney at Law
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Probably not unless your friend states he/she was driving and I doubt if anyone would do that.
Answered on Feb 05th, 2014 at 2:31 PM
Automobile Attorney serving East Lansing, MI
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Nichols Law Firm PLLC
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It sounds like you need qualified counsel.
Answered on Feb 05th, 2014 at 2:14 PM
Criminal Defense Attorney serving Southfield, MI
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Law Offices of Ezra N. Goldman P.C.
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An OWI charge, like any other, has to be proven to the Court beyond a reasonable doubt. The Constitution guarantees you the right to remain silent and not have that silence used against you. If your friend will say he was driving, you are in great shape. If he says you were driving, you are in trouble. There may also be other witnesses as to who was driving. In short, I would say "no." You should not expect your case to be dismissed, That is an unreasonable expectation. At best, you should hope to win at a trial.
Answered on Feb 05th, 2014 at 2:13 PM
Michael J. Breczinski
So does your friend remember who was driving? The police have to prove that you were the one driving.? Just owning the car is not enough.
Answered on Feb 05th, 2014 at 2:13 PM