QUESTION
Do they have to go by what the ticket says or can they just keep making stuff up?
Asked on Jul 07th, 2013 on DUI/DWI - Michigan
More details to this question:
I was sitting in my truck in Michigan waiting for a ride in a gas station parking lot, I was charged with an owi and arrested, the police said they destroyed my cdl license gave me a ticket for .08 I went to arraignment and now am being charged with a .17 which I blew 30 minutes later at booking. I do have my phone records for the call I made before I got to the gas station to wait. Do they have to go by what the ticket says or can they just keep making stuff up? I was doing the right thing and to be accused of not is making me sick. PS the truck was not running but keys were in it and the officer didn’t check the hood. If I got a ticket for .08 on site and was waiting approx. 20 min. for my ride wouldn’t I have a good argument that I was below .17 or even .08 like they are charging me with?
3 ANSWERS
Collections Attorney serving Okemos, MI
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Cindy Mannon, Attorney at Law
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You need a good lawyer in area of arrest. If car was not running, the car was not in operation, even with keys in it. If you blew a .17 at the station, you should have the data master results with your paperwork, as the police will give you a temp license and your ticket, bond receipt and a copy of what you blew. A lot of people believe that when the ticket says OWI .08, that they blew a .08; however, that is just the threshold, meaning anything .08 and above is an OWI. Your cdl will be lost for one year if you do not get this dismissed.
Answered on Jul 10th, 2013 at 10:43 PM
Municipal Law Attorney serving Paw Paw, MI
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Mark A. Manning, P.C.
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They can go by the higher blood alcohol figure and modify the charge. You may have a defense regarding operation of the vehicle or probable cause for the stop because the vehicle was parked and not running. Having a CDL your livelihood is in jeopardy. Obtain a good attorney immediately.
Answered on Jul 10th, 2013 at 10:10 PM
Michael J. Breczinski
Yes you may not have been over the limit when the truck was operating. They have problems of proof. Get a lawyer and fight.
Answered on Jul 10th, 2013 at 10:09 PM