Michigan DUI and DWI Legal Questions

From the scenario you provide it seems you had a guardian angel looking out for you that day. Legal limit in Michigan is .08 bac. You were well over. Prosecution would be hard pressed to make a case against you given the events as you have described them but I guess it is possible for the officer who stopped you to request a warrant from a prosecuting authority after the fact. Most likely you got away with it. Sent from Samsung tablet... Read More

Ifyou need specific legal advice for your particular circumstances, I encourageyou to privately consult with a lawyer. If you are charged with an offense andcannot afford to pay for your own defense, the court may appoint you anattorney payable at the public's expense. You have a right to counsel. Anyone charged, of course, is presumed innocent. The prosecutor would need to prove the elements of the offense beyond a reasonable doubt if the matter proceeded to trial. Simply because a person is charged does not mean that ultimately, they will be convicted. One element of the charge, Operating While Intoxicated, is proving who was operating the vehicle at the time. MCL 257.625 (1) states? "A person, whether licensed or not, shall not operate a vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this state if the person is operating while intoxicated."? Proving who operated the vehicle is a key element to these types of charges. Prosecutors may pursue charges against allegedly intoxicated or impaired people they find slumped over and asleep on the driver's side of a vehicle if they believe they have enough circumstantial evidence that they could introduce to a jury or jury to show that the alleged defendant was operating a vehicle; and if they have enough other evidence to meet their burden of proof on other elements as well. Key issues include whether the vehicle was running, where the vehicle was located, whether the vehicle was in gear, other witness accounts of either the driver or the vehicle that evening, testimony of officers who investigated the matter, and/or other factors. A accused defendant, of course, may call their own witnesses to contest these allegations at a trial. Obviously, the alleged driver of the vehicle that evening, especially a sober driver, could be a great, exculpatory witness for the defense. A person charged with a criminal offense has a right to call witnesses on their own behalf. Ultimately, a jury or judge decides whether a witness is credible. If a jury or judge determines that the alleged witness claiming to be the driver is not credible, the alleged defendant may be convicted anyway, even though they had a witness who claimed to be the driver or operator. Credibility hinges on a litany of potential factors, including whether the witness's version was believable, whether the witness had motivations to lie or distort their version, inconsistencies with their version, their body language and actions while being questioned on the stand, and other factors. Credibility is a huge issue. The prosecutor cannot usually get a conviction without credible witness testimony. A successful defense against charges often hinges on the credibility of the defendant's witnesses, including the alleged defendant if they testify.? The prosecutor, once they investigate the case more thoroughly and if they are presented with potentially exculpatory evidence, may elect to drop the case after charges have been filed. However, they are often reluctant to do so. Ultimately, these types of questions and potential defenses to these types of charges will hinge on credible witness testimony in front of a judge or jury at trial. Ultimately, though, owners and operators should keep anyone drunk or intoxicated away from their vehicles once they finish operating their vehicle; otherwise, they incur the risk of potential charges themselves if the intoxicated or impaired individual decides to operate a vehicle in some capacity. As noted in MCL 257.625 (2): The owner of a vehicle or a person in charge or in control of a vehicle shall not authorize or knowingly permit the vehicle to be operated upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of motor vehicles, within this state by a person if any of the following... Read More

If you need specific legal advice for your particular circumstances, I encourage you to privately consult with a lawyer. If you are charged with an offense and cannot afford to pay for your own defense, the court may appoint you an attorney payable at the public’s expense. You have a right to counsel. Anyone charged, of course, is presumed innocent. The prosecutor would need to prove the elements of the offense beyond a reasonable doubt if the matter proceeded to trial. Simply because a person is charged does not mean that ultimately, they will be convicted. Please note that this response is only focused on one potential component of a situation involving allowing an intoxicated or impaired operator to use another person's vehicle; it does not explore the possible civil issues (i.e., the owner could be sued through the civil process) or the possible administrative (i.e., there could be significant license sanctions if convicted) sanctions. Owners and operators may be charged if they allow someone to operate their vehicle while intoxicated or impaired. As noted in MCL 257.625 (2): The owner of a vehicle or a person in charge or in control of a vehicle shall not authorize or knowingly permit the vehicle to be operated upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of motor vehicles, within this state by a person if any of the following apply:(a) The person is under the influence of alcoholic liquor, a controlled substance, other intoxicating substance, or a combination of alcoholic liquor, a controlled substance, or other intoxicating substance.(b) The person has an alcohol content of 0.08 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine or, beginning October 1, 2018, the person has an alcohol content of 0.10 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.(c) The person's ability to operate the motor vehicle is visibly impaired due to the consumption of alcoholic liquor, a controlled substance, or other intoxicating substance, or a combination of alcoholic liquor, a controlled substance, or other intoxicating substance. The consequences for a conviction for the owner or controller of the vehicle depend on the underlying charge for operator of the vehicle. MCL 257.625 (10) explains the list of possible maximum penalties in terms of jail/prison and fines. If, for example, the intoxicated operator caused a death, the person who permitted the operator to use the vehicle may be charged with a felony "punishable by imprisonment for not more than 5 years or a fine of not less than $1,500.00 or more than $10,000.00, or both." MCL 257.625 (10) (b). However, more likely, an owner or controller of the vehicle will be charged with a misdemeanor, “punishable by imprisonment for not more than 93 days or a fine of not less than $100.00 or more than $500.00, or both." MCL 257.625 (10)(a). Obviously, the prosecutor would need prove the “authorize or knowingly permit" portion of this charge against the owner/person in charge of the vehicle; however, that would be a question of fact that may not be resolved until a trial. I recommend you retain a lawyer or ask the court to appoint you a lawyer to assist you with this matter.... Read More

Plea-offers or reduced charges depend on the alleged facts of the case, the prosecutor, court, and, in certain situations, the skill of defense counsel. If the prosecutor does not have a very strong case, the odds would be better of a reduced charge. Prosecutors never are required to make a plea-offer. However, if there are mitigating factors involved or if there are potential issues with a prosecutor's case, a reduced charge may be a more appropriate solution. If you need specific legal advice for your particular circumstances, I encourage you to privately consult with a lawyer. If you are charged with an offense and cannot afford to pay for your own defense, the court may appoint you an attorney payable at the public's expense. You have a right to counsel.... Read More

If you need specific legal advice for your particular circumstances, I encourage you to privately consult with a lawyer. If you are charged with an offense and cannot afford to pay for your own defense, the court may appoint you an attorney payable at the public’s expense. You have a right to counsel. Anyone charged, of course, is presumed innocent. The prosecutor would need to prove the elements of the offense beyond a reasonable doubt if the matter proceeded to trial. Simply because a person is charged does not mean that ultimately, they will be convicted. One element of the charge, Operating While Intoxicated, is proving who was operating the vehicle at the time. MCL257.625 (1) states? "A person, whether licensed or not, shall not operate a vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this state if the person is operating while intoxicated." Proving who operated the vehicle is a key element to these types of charges. Prosecutors may pursue charges against allegedly intoxicated or impaired people they find slumped over and asleep on the driver's side of a vehicle if they believe they have enough circumstantial evidence that they could introduce to a jury or jury to show that the alleged defendant was operating a vehicle; and if they have enough other evidence to meet their burden of proof on other elements as well. Key issues include whether the vehicle was running, where the vehicle was located, whether the vehicle was in gear, other witness accounts of either the driver or the vehicle that evening, testimony of officers who investigated the matter, and/or other factors. An accused defendant, of course, may call their own witnesses to contest these allegations at a trial. Obviously, the alleged driver of the vehicle that evening, especially a sober driver, could be a great, exculpatory witness for the defense. A person charged with a criminal offense has a right to call witnesses on their own behalf. Ultimately, a jury or judge decides whether a witness is credible. If a jury or judge determines that the alleged witness claiming to be the driver is not credible, the alleged defendant may be convicted anyway, even though they had a witness who claimed to be the driver or operator. Credibility hinges on a litany of potential factors, including whether the witness's version was believable, whether the witness had motivations to lie or distort their version, inconsistencies with their version, their body language and actions while being questioned on the stand, and other factors. Credibility is a huge issue. The prosecutor cannot usually get a conviction without credible witness testimony. A successful defense against charges often hinges on the credibility of the defendant's witnesses, including the alleged defendant if they testify. The prosecutor, once they investigate the case more thoroughly and if they are presented with potentially exculpatory evidence, may elect to drop the case after charges have been filed. However, they are often reluctant to do so. Ultimately, these types of questions and potential defenses to these types of charges will hinge on credible witness testimony in front of a judge or jury at trial. Ultimately, though, owners and operators should keep anyone drunk or intoxicated away from their vehicles once they finish operating their vehicle. As noted in MCL 257.625 (2): The owner of a vehicle or a person in charge or in control of a vehicle shall not authorize or knowingly permit the vehicle to be operated upon highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of motor vehicles, within this state by a person if any of the following apply:(a) The person is under the influence of alcoholic liquor, a controlled substance, other intoxicating substance, or a combination of alcoholic... Read More

After 15+ years, if you have stayed out of trouble (ie: No new driving violations) & proof of abstinence (ie: sobriety) and treatment, etc. You should be a good candidate for license restoration. You will need an interlock system for your car if granted driving privileges. Get a current substance abuse evaluation. Hire a good license restoration attorney like myself and file your petition.... Read More

She, and perhaps you, are going to have to engage an attorney to look into the details, get the car back and determine if she is being charged with anything (appears not). Do it quickly as you will have to pay the storage fees to the pound up front and they are by the day. While you MIGHT be able to recover them (if they are worth the cost of the fight) you will not get the car back until they are paid and each day the problem is compounded. If you "abandon" the car by not coming for it then it will be sold for the storage fees and you will be out the car, and probably the money.... Read More