QUESTION
What can I do to have my DWI second offense reduced or dropped?
Asked on Dec 31st, 2014 on DUI/DWI - Michigan
More details to this question:
I was pulled over and arrested on Dec. 28th 2014. I was suspected of driving drunk and was pulled over and tested. To my knowledge I did well with the tests and then was asked to give a breath test. I complied and blew one over the legal limit at .09. They arrested me and impounded my car. After I was released I assumed my belongings would be returned to me and I would then be "rang up at a cash register" type of scenario but instead I found that they had gone through my wallet and took my money without my knowledge or approval. I am in dire need of some legal advice as to what steps I can take to save myself. I learned my lesson the first time and would really like to soften this blow as much as possible.
3 ANSWERS
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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You need to discuss this with an attorney who is local to your court asap. Contact me to discuss.
Answered on Jan 05th, 2015 at 8:56 PM
As to the missing wallet contents, whenever a person is arrested, all items seized must be categorized and specifically listed. If you have a way of proving that money was removed from your wallet without your consent, you may wish to file a complaint against the police department to have your property returned. As to the DUI, the .09 is pretty damning evidence that you may be found guilty of the crime. Unfortunately it matters little how you do on the field sobriety tests if you fail the breathalyzer. The court would also find it troubling that you state that you have learned your lesson from your first DUI, and yet you drove again with a BAC over .08. If you feel as though there may have been some defect in the breathalyzer, or if you think that you can show that it has an error rate that would put you below .08, it may be worth your time to speak with an experienced defense attorney in your area and determine the best route forward.
Answered on Jan 05th, 2015 at 8:12 PM
Criminal Defense Attorney serving Southfield, MI
Partner at
Law Offices of Ezra N. Goldman P.C.
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No email can resolve this problem. You have committed a second drunk driving. Get yourself into aa and therapy right away. A judge us not likely to believe that you learned your lesson last time.
Answered on Jan 05th, 2015 at 8:26 AM