QUESTION
Is there any way out of this DUI if I was on private property and got stuck in a ditch?
Asked on Mar 23rd, 2014 on DUI/DWI - Michigan
More details to this question:
My friend panic, called the cops, they arrived and had us go in the back of the cop car. Then a sheriff arrived, opened the door and started using cuss words asking who was driving. I said I was driving and he asked if I have been drinking. I said no. Then he asked if I am sure. He had me blow then took me outside the car to do the drunk test. He didn't tell me my rights and just told me to put my hands behind my back and that I was arrested.
9 ANSWERS
3 Awards
Private property is not an issue but you were probably arrested when put in back of cop car and then yelled/threatened into giving a statement without Miranda In response to your DUI Post: I am a criminal defense attorney with more than 15 years experience on DUI cases. If you would like to discuss your case, please contact me. Some important information- If you have been served with a Notice of Revocation, then you have 7 days to request a hearing. Please do that immediately by going to your local DMV office, tell them you got a DUI and you want to request a hearing. They will give you a form. DO NOT REQUEST THE OFFICER. We can do that later if we choose to, but most often it means you will lose. The receipt DMV gives you allows you to drive until the day of the hearing. Request a copy of the Expressed Consent Packet. Representation begins when client pays attorney an agreed upon retainer and returns a signed fee agreement.
Answered on Mar 27th, 2014 at 10:05 AM
Michael A. Colavecchio
First of all, the location of the ditch will determine whether a person can be charged with DUI in this case. If the ditch is on private property that is frequented by the public (such as a shopping center, a gas station, a church, etc) then that person in this scenario can be arrested for DUI. But i f the ditch is on private property that is someone's home and there is no proof that the person drove off the highway/street and into the ditch (for instance, the person was driving ON the property, such as backing down a driveway, and drove into the ditch), then the person should not be arrested or convicted. But the real question in this case centers on whether the officer can testify that the person was driving AFTER drinking. In this scenario, the person arrested can claim that he or she drank alcohol AFTER driving into the ditch.
Answered on Mar 25th, 2014 at 2:25 PM
Nope. Private or public property is irrelevant. You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Answered on Mar 25th, 2014 at 2:02 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Hire an attorney... you are looking at a DUI.
Answered on Mar 25th, 2014 at 1:57 PM
Hire an experienced DUI attorney to represent you. That's your best option if you want to avoid jail time and keep from having a DUI on your permanent criminal record and driving record. No, the police don't have to read you your rights, even if they arrest you.
Answered on Mar 25th, 2014 at 1:44 PM
Automobile Attorney serving East Lansing, MI
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Nichols Law Firm PLLC
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The second element of the offense is that the operation was on a road or other place generally accessible to motor vehicles. It's very fact specific so don't just assume they can prove you were on a place generally accessible. In short - hire a qualified DUI attorney and challenge.
Answered on Mar 25th, 2014 at 9:53 AM
Michael J. Breczinski
Where was the car?? What type of private property? Is the property open to the public?? The answer depends on all these details. I need to know more.
Answered on Mar 25th, 2014 at 9:53 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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You should retain an experienced DUI attorney in your area to thoroughly review your case for any deficiencies of defenses.
Answered on Mar 25th, 2014 at 8:16 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Get an attorney now and speak with no one until then.
Answered on Mar 25th, 2014 at 7:49 AM