Cy M. Abdo’s Answers

In Michigan, a license is revoked upon obtaining 2 drinking and driving convictions within 7 years or obtaining 3 drinking and driving convictions within 10 years. A person who is revoked for drinking and driving is known as a habitual offender of Michigan drinking and driving laws or a repeat offender. For example, if you have a conviction of Impaired Driving and another convction for OWI within 7 years, you face mandatory revocation of your license. A first time revocation is for a minimum...

If you plead to something, a transcript of your plea can be obtained. The transcript will provide you with the terms of your plea and any special deal such as delayed sentence or HYTA. I never tell anyone that there will be no record. Records never vanish. First of all, your original warrant and arrest can be on different lists or private sites that collect information. In addition, the courts, state police and FBI keep records of everything forever, even cases dismissed pursuant to HYTA....

I agree with our other AVVO attorneys who say the failed test may be your demise on this one. But if you are moving for school or employment, that might fly coupled with your good attitude and otherwise compliant conduct. Even if you move, the court might still want you to test and send the results to the probation department. When our firm files a motion to terminate probation, we look for 100% compliance. A judge may consider terminating probation, reducing random testing or modify...

In my opinion, you dodged one. The legal limit for drunk driving (DUI, OWI) is .08%. Your preliminary breath test (PBT) was just over the limit. I doubt you will hear anything more about this case since you were not arrested, given a chemical test such as a breathalyzer and given the opportunity to take a second test of your own choice. Perhaps the cop got another call for a police run or he was looking for something else when he pulled you over like drug activity. Anyway, you are...

It sounds like your question is about a license restoration. If not, please re-post and I will respond again if I can help. If your second DUI was in 2001 and it it was your second offense within 7 years, your license is revoked INDEFINITELY. However, you probably had a 1 year revocation and could have appealed to the Driver License Appeal Division after 1 year. Your revocation period is extended each time you get a ticket while you are revoked which can put off your eligible hearing date for...

Can my case be dismissed if I wasn't advised of my Miranda Rights? The answer is usually NO with some exceptions. This is probably the Number 1 question that we are asked when someone is charged with a crime. In 1966, the Supreme Court held that Miranda Warnings by the police are required to protect a person suspected of a crime pursuant to the Fifth Amendment right to avoid self-incrimination during police interrogation. When the police have other evidence to proceed against a person,...

You said, "fact that I walked through the back yard at Christmas time while we were separated and peeked into the windows and took pictures". In my opinion, this can support a charge of disorderly conduct (peeping tom). Other answers recommend getting a lawyer and so do I! Of course, you do not want a PPO on your record. However, the PPO will expire at some point in time. If you appear at the hearing, you may incriminate yourself by testifying which could lead to other criminal charges. You...

Your case is exceptional and I assume you are stating it correctly. If an arrest and warrant were not issued and your case was segwayed outside of the court process without a judicial record and register of action, there is probably no public or non-public record with the state police. You did not say if you were issued a ticket though. You may have been processed under an ordinance and the court had a more informal diversion process (my answer would be the same). However, once a record...

There is a charge known as moving violation causing death which can carry up to 1 year in jail. It is harsh considering that a civil infraction is ordinarily not intentional which can lead to a jail term. The offense is a misdemeanor though, not a felony like vehicular homicide or negligent homicide. The statute for moving violation causing death is; MCL 257.601d Person who commits moving violation causing death of another person or serious impairment of body function; other violations; "...

I recent.y looked into this issue for a client. Canadian ban is 10 years with right to file for permission to enter after 5. Please continue to follow up,on your inquiry because I have seen the law with my own eyes.