QUESTION
What can I do if I got charge for DUI for hitting a police car park behind my driveway?
Asked on Nov 11th, 2013 on DUI/DWI - Michigan
More details to this question:
I was not charge for hitting the police car but was charge instead for a DUI. The officer park himself behind my driveway and on the opposite side of the road on my lane and I didn't see it on time and it was a night time and the patrol car was all black. Do I have a chance of beating the case due to the officer's mistake? I would be my third DUI and I’m scared because I got kids who depend on me.
4 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Get a good attorney. The only relevant fact is that your were driving the car and, apparently drunk at the time. Third offenses are taken very seriously.
Answered on Nov 12th, 2013 at 3:56 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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Whether or not the officer was legally parked will have no effect on your DUI case. Your DUI case will depend solely on if they can prove beyond a reasonable doubt that you were operating a motor vehicle on a public roadway with an illegal blood alcohol level. There may be other problems with your case or issues that can be used as leverage when negotiating with the prosecutor.. You may be able to get a reduction in the charges or possibly even a dismissal.
Answered on Nov 12th, 2013 at 2:56 PM
Divorce Attorney serving Bloomfield Hills, MI
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Catchick Law, P.C.
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In Michigan, your third DUI is an automatic Felony, so I would strongly urge you to retain an experienced DUI lawyer to scrutinize the police report and other prosecutorial evidence, to assess whether you have any valid defenses. Even if the officer was parked illegally that may not result in a dismissal, but I would need to review all the evidence to give you a definitive answer.
Answered on Nov 12th, 2013 at 12:24 PM
You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Answered on Nov 12th, 2013 at 12:24 PM