Michigan DUI and DWI Legal Questions

Press the point & charges may still be authorized. Listen to your attorney, that what you pay him for. Minor inconvenience until statute runs out better than the costs of drug & drunk driving charges. Laminate the paper license or ask SOS for a new one. The expression is let sleeping dogs lie...or don't poke the bear.... Read More

It is possible that her lawyer and the prosecutor can make a deal to reduce the charges. It will not happen without prosecutor consent, or it could happen at a trial. The best things to ask for are careless driving or impeding traffic, but the prosecutor might insist on impaired or reckless driving.... Read More

Technical errors usually have zero impact on criminal cases because the officer can amend things or explain them in court. The only way to examine all of her defenses and options will be to meet with and hire a local defense attorney. If you are in metro Detroit, give me a call to discuss the issues.... Read More

The purpose of bond is to assure that the defendant will show up for court. The judge gave you bond, but you did not show up. Most judges would substantially raise your bond, or deny it altogether, if you are brought back to court. However, if you turn yourself in back at the court that placed you on bond, it is at least possible that the judge would give you another bond, since you did ultimately show up. However, since you are broke and unemployed, you might not be able to pay the bond even if the judge sets one. I recommend that if this happens again, you show up for court, even if you have major financial issues. In all states I am familiar with, you will not be able to get a valid license until this OWI charge is resolved. If you are now unemployed, this would perhaps be a good time to come in and take your medicine, which may very well include some jail time, and then look for a job when you get out. If you get a job now, and are suddenly arrested on this OWI, that might cause you to lose your job for not being able to show up for work. An unemployed person, not hospitalized or in jail, will have a tough time convincing a judge that he was too busy to show up.... Read More

I'm not 100% sure what your situation is from the brief summary you provided. But, in general, if Michigan has a hold on your license, that hold has to be lifted by Michigan before any other state will license you. If you have a valid restricted license from Michigan, other states can but do not have to honor it. You may be in a state that will not license anyone until they have full driving privileges from your former state, Michigan. If your restricted license expired in 2015, you should have reverted to a full license, unless you owe a reinstatement fee or have a driver responsibility fee suspension. To give you a complete, accurate answer, I would have to know the status of your Michigan driving privileges, and why your new state will not license you.... Read More

You have a right to take your prescription drugs as prescribed by your doctor and drive, but you have to be able to drive your vehicle safely while the medication is in your system. If the medication effects you to the extent you can't drive safely, you have to stay off of the road. If you were taking the medication as prescribed, and the prosecutor cannot prove bad driving or that you were unable to drive safely because of the effects of the medication on you, you have a good defense to the charge. Although seeing that you have already been in jail for 3 months, perhaps that horse has left the barn.... Read More

If you check the bond receipt he received when he was released after the OWI arrest, it should inform him to appear at the local district court within 10 days after release to be arraigned. Once released all the paperwork would be sent from police agency to court for adjudication. Police don't have or set arraignment, pretrial or any other court dates. Only the court sets court relate dates. You should be contacting the court where he was arrested. Call the criminal clerk at that court to find out when the judge holds arraignments and show up then ASAP. You should bring about $1000 just in case judge does not want to accept your explanation and requires a new bond. Assume your previous bond was forfeited. You can always ask for old bond to be re-instated if it was forfeited. Simpler approach is to hire a good local criminal attorney & let attorney sort it all out for husband. Good luck.... Read More