QUESTION
If I am drunk can my unlicensed husband drive?
Asked on Nov 26th, 2013 on DUI/DWI - Michigan
More details to this question:
I am a licensed driver and I was drunk so my husband was stopped for tinted windows. Can we fight for the tickets?
5 ANSWERS
Michael J. Breczinski
Have him get his license pronto. This will help. Otherwise the answer is no.
Answered on Dec 03rd, 2013 at 4:31 PM
James Edward Smith
No. Get a cab.
Answered on Dec 03rd, 2013 at 4:35 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You can fight them but it is an uphill battle. Get a good attorney and try to minimize.
Answered on Nov 27th, 2013 at 3:52 PM
3 Awards
The fact that your were drunk is not a defense for another person, who is unlicensed to drive. He may be charged with driving without a license. I am not sure, but you may be charged if he has not license due to a suspension or revocation.
Answered on Nov 27th, 2013 at 3:52 PM
William R. Pelger, Attorney Munhall, Pennsylvania 412-461-1900
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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Probably not, unless they did not have reasonable suspicion to pull you over. If tinted windows is a primary infraction, they would be lawfully allowed to pull you over for that alone. Absent any Fourth Amendment violations for the stop, he would have no legal defense as it is not a legal defense to drive without a license simply because you are intoxicated. For instance, you could have called a cab or someone else to come pick you up. Consult with an experienced criminal defense attorney in your area that handles driving while license suspended (DWLS) cases.
Answered on Nov 27th, 2013 at 3:52 PM