QUESTION

What do I do if I was arrested and being charged for OWI 1st when my sober friend was the one driving?

Asked on Apr 14th, 2014 on DUI/DWI - Michigan
More details to this question:
I had been drinking at home with friends. An officer showed up at my house looking for my father with news that his stolen car had just been found. I went outside (drunk) to discover above reason for his presence. He was quick to breathalyze me in my yard. I'm 22 and legal to drink. About 2 hours later, my dad calls my friend to give him permission to drive my car and me to the recovered car to secure it from getting towed. We arrived on the scene at a 4-way stop. We parked on the right hand curb next to a snow bank. The recovered vehicle was in the very middle of the intersection facing opposite cross-road from mine. As well as 2 police cruisers on the left of the recovered car and 2 on right. Two other men working for my dad showed up to help drive the recovered vehicle that I couldn't and walked to the driverโ€™s side of the car. My friend and I arrived in. It was the middle of the night, about 1am. We got out of the car via driverโ€™s side (snowbank on passenger side). After my friend turned the car off, took the keys and got out, I slid over and also got out the driverโ€™s side. My friend, and the two men helping and I stood next to the car I got out of. About 2 minutes went by and an officer called out my name to come over. He obviously realized I was intoxicated and I submitted to a sobriety test as well as a breath test. After confirming my intoxication, I was arrested and brought to jail. The others with me were left to do what they were there for (driving the recovered vehicle and my fatherโ€™s car, we arrived in back to my fatherโ€™s). At arraignment, I plead not guilty and then on the pre-trial, I chose a jury trial. No offers were given. I didn't have a lawyer until after pre-trial. I couldn't afford one. I then applied and got a PD. I tried a few times to get in touch with him, but no response. The day before trial, I call the jury office like I was told at pre-trial. They informed me that my lawyer was trying to get ahold of me.
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3 ANSWERS

Collections Attorney serving Okemos, MI at Cindy Mannon, Attorney at Law
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Get a hold of your lawyer. You need witnesses for your jury trial. You can probably win if your witnesses all say that you were not driving.
Answered on Apr 16th, 2014 at 11:28 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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It does not appear that you have stated a question. Obviously you are complying with everything you are being asked of and will be going to trial before a jury. Contact your lawyer, and do not attempt to second-guess him in this forum.
Answered on Apr 16th, 2014 at 10:35 AM

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Michael J. Breczinski
You want to bring in the driver that can testify that you never had the keys and that he did all the driving. He can also testify about the need to get in and out of the vehicle on the driver's side because of the snow.? Bring him to trial. Get him a subpoena.
Answered on Apr 16th, 2014 at 10:35 AM

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