QUESTION

Should I plead no contest to DWSL?

Asked on Apr 16th, 2012 on DUI/DWI - Michigan
More details to this question:
I was arrested in July 2011 for OWVI. I received a license restriction and then was told I could reinstate my license. I never received any paperwork for any of this all the info I ever had on this was what I was told at court the day of my sentencing. April 10 I was pulled over in my college classroom parking lot and was arrested for DWSL. I assumed the restriction, which allowed me to drive to home work and school, was still valid until I paid to reinstate. I realize now that was wrong. Being a student and also still paying off driver responsibility fees and student costs I have no money for an attorney nor the fee I will pay for the court appointed. I have no prior record besides my OWVI. I know from my first experience the lawyers I could maybe afford at best really do not like to do much work for students here they just take the retainer and show up at court. I am pre-law so I have minimal but some knowledge of these processes. I was wondering if I should plead no contest. Any advice would be great I have court on April 24.
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7 ANSWERS

Jacob P. Sartz
Pleading no contest has the same consequences as pleading guilty to the offense and you could be sentenced to the same penalties. I'd never recommend anybody plead guilty to anything unless they get a chance to privately consult with a lawyer and understand all the potential consequences.
Answered on Jun 11th, 2012 at 3:57 PM

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Michael J. Breczinski
No contest IS a type of guilty plea. It would be cheaper in the long run to pay the financial responsibility fees and in return ask them to reduce this charge to a nonreporting offense. If you plead to this then you will have more responsibility fees!
Answered on Apr 20th, 2012 at 1:43 PM

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Insurance Defense Attorney serving Jackson, MI at Dungan, Lady & Dunga, PLLC
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Pleading no contest does not do you any good. A no contest plea is treated the same as a guilty plea for sentencing and virtually everything else. Any conviction for DWLS, whether the conviction is from a verdict, guilty plea, or no contest plea will have the same effect on you, suspension of your driving privileges, court fines/cost, it's a misdemeanor criminal conviction, $1,000 in drivers responsibility fees, etc. You will also get 6 points on your license, which added to the 4 points you got for impaired will total 10, which may also trigger additional drivers responsibility fees and a re-examination, especially of you have other points. Go to your pre-trial, meet with the prosecutor, ask for a non-reportable offense, one that is not abstracted to your driving record. Favorites to ask for are Improper Plate and Impeding Traffic. These offense are not reported to your driving record, so there is no points, no suspension, and no drivers responsibility fees. Keep in mind though Improper Plate is also a misdemeanor criminal conviction that you will have to report on your law school app and to the State Bar. Impeding Traffic would be better, that is a civil infraction. If you have to get a lawyer to work this out for you, it may be worth it.
Answered on Apr 19th, 2012 at 2:40 PM

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Leonard A. Kaanta
Pleading no contest is treated as pleading guility. You are better off having an attorney represent you.
Answered on Apr 19th, 2012 at 2:35 PM

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Criminal Law Attorney serving Grand Rapids, MI at The Law Office of Thomas B. Baynton
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Do not plea, period, until you get more information. You would have received a 90 day suspension for the OWVI. At the end of the suspension you would need to pay a reinstatement fee to get your license back. You did not state when the suspension started. You should be able to, at the worse, plea this down to an offense that does not result in additional suspensions or driver responsibility fees, if you cannot beat the charge. Use the court appointed attorney or hire counsel if you can afford it.
Answered on Apr 19th, 2012 at 2:10 PM

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Steven D. Dunnings
You're still better off hiring an attorney, you might just have to pay more than you did for the previous attorney(s)
Answered on Apr 18th, 2012 at 3:51 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Make your court date, explain your situation and hope! That is all I can advise you to do as attorney's need all of the facts and records. there are issues which come to mind as possible defenses. You should make yourself aware of the possible penalties and license ramifications of a DWSL. My impression is that your are being "penny wise and pound foolish" in not seeking counsel. You may think it is the least cost alternative but could be sadly mistaken.
Answered on Apr 18th, 2012 at 3:25 PM

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