QUESTION
Should I plead not guilty to my second DUI?
Asked on Aug 18th, 2011 on Criminal Law - Michigan
More details to this question:
This is my second offense. I’m from Grand Rapids but i was on vacation in Jackson on my birthday. I got pulled over with for no headlights. I was maybe 1/2 mile away from the bar. I passed all my sobriety tests but failed the breathalyzer. I tried to get a ride but I had no service on my phone. As I circled the block looking for service a group of guys that were watching me and my brother all night were following us and just making me nervous to stay around. So I left and failed to turn my lights on. Do I have a chance of staying out of jail?
8 ANSWERS
Criminal Law Attorney serving Howell, MI
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Law Offices of Jules N. Fiani
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Yes.
Answered on Jun 09th, 2013 at 8:34 PM
General Litigation Attorney serving Shelby Township, MI
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Law Offices of Jeffery A. Cojocar, P.C.
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Yes and get an attorney.
Answered on Jun 09th, 2013 at 8:29 PM
Yes, you have a chance of staying out of jail. Get a great DUI lawyer to help you and he or she may be able to plead down your offense to a 1st offense and then you could avoid jail time.
Answered on Sep 05th, 2011 at 7:21 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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Never plead guilty to anything without first consulting with an experienced DUI attorney. At least have one review the report for any errors that could get the charges reduced or dismissed. The stakes are higher for a second DUI and with each subsequent conviction at least some jail becomes more likely, but you should still be in good standing for probation I would think. But other penalties accrue as well such as license sanctions, vehicle immobilization, probation costs, fines, license suspension and restrictions, and higher insurance premiums. A good DUI attorney will more than pay for himself.
Answered on Aug 24th, 2011 at 11:19 AM
At a trial, the prosecuting attorney will have the burden of proving your guilt beyond a reasonable doubt. You are entitled to be represented by an attorney during all proceedings. An attorney, after reviewing all of the facts including the police report would be in a better position to advise you of your options.
Answered on Aug 22nd, 2011 at 8:15 AM
Michael J. Breczinski
You should plead not guilty. You lose all your bargaining power if you plead guilty and then can't work anything out. Get an attorney.
Answered on Aug 21st, 2011 at 11:55 AM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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The OWI 2nd statute provides for a minimum of 5 days in jail if there is commenity service, and from 30 days to a year if there is none. What a Court actually does depends on the judge and the circumstances in your case. The best advice at this time is to hire an attorney in the area of the Court where the case is and to have your case reviewed for possible defenses. I hope that this was helpful.
Answered on Aug 21st, 2011 at 11:32 AM
Automobile Attorney serving East Lansing, MI
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Nichols Law Firm PLLC
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Don't plea at this point. Contact an OWI expert and unturn every stone.
Answered on Aug 21st, 2011 at 11:08 AM