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Frank B. Ford
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Frank Ford’s Answers

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  • What to do with a ticket in my name but I was not the driver

    My son was driving my car and received a ticket, but the ticket is in my name, the courts says i must come to court and fight it,

    Frank’s Answer

    You should request a Formal Hearing, which should mean that the Police Officer would be there on that date. Go to court, with your son, and you should be able to get the situation straightened out, once the officer sees both of you. The ticket would presumably be re-written in your son's name, and he may be able to get a reduced plea from the original charge. You might be able to go to the police station in advance, when that officer is on duty, and get it straightened out that way. Sincerely, Frank B. Ford

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  • Can you have a DUI expunged from your record In Michigan?

    1st Offense January 2000 2nd Offense January 2008

    Frank’s Answer

    No, definitely not. The statute specifically makes traffic crimes non-expungeable. Furthermore, a drunk driving conviction never drops off your driving record for being long back in the past, if it was on your driving record as of January 1, 2007, or went onto your driving record after that date. Probably the 2000 conviction was still on your record in 2007, and the 2008 one went on after 1/1/07. Sincerely, Frank B. Ford

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  • I went to jail, for 2nd DUI eleven years apart When originally arrested I was refused a lawyer, I saw the prosecutor

    I also was sent the probation officer to my cell, I. Asked for a lawyer, I was told it was up to the judge. I went to the country jail for three weeks was released on bail, pending probation, I didn't start my probation, or go see my p.o. in Augu...

    Frank’s Answer

    You need to clarify what you are concerned about now, apparently a year later. Is it a probation violation? Are you trying to turn back the clock and contest the charge that you pled guilty to? It sounds like you need to contact an attorney in the area of the court and let him or her give you some guidance. Sincerely, Frank B. Ford

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  • What to expect for first violation of Probation with 33rd district court?

    License restricted from s.o.s and pulled over ten houses away from my home (out in the boonies) with only a corner store ahead. Told officer the truth I was getting milk for my grandsons staying with me. Did not get arrested and I believe would ha...

    Frank’s Answer

    Since this question is under the DUI category, I assume you are on probation on a drunk driving case. If handled properly, this violation will probably not result in jail, but you may have your probation extended and further conditions put on your probation. The three judges in that court vary in their level of tolerance to wrongdoing, so it is hard to say what will happen, not knowing which judge you have, and what your original sentence was. Discuss the situation thoroughly with the attorney who handled the original charge. Keep in mind that a moving violation can very seriously affect the future of your driver's license. Sincerely, Frank B. Ford

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  • Can the ticket be upgraded?

    I was pulled over doing 38 in a 25. I must note that this road could have easily been mistaken for a 35 zone. I was written for impeding traffic with a warning for going 11-15 over. If I fight the impeding traffic on the basis that this road ...

    Frank’s Answer

    Yes, the prosecutor can dismiss the original charge and charge you with what you could have been charged with in the first place. Grab the Impeding, unless you truly think you were going 25 or less, AND you think you can overcome the very low burden of persuasion the prosecutor has to establish, in order to have you found responsible for the violation, which is: just slightly more likely than less likely, which is called "By a Preponderance of the Evidence." Probably best to take the Impeding and go on with your life. Sincerely, Frank B. Ford

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  • Could being around marijuana and taking only one hit of marijuana show severely in a blood test given a a couple hours later?

    I was given a blood test after being pulled over originally for a DUI how bad will marijuana effect this charge if it was a small hit, but was around it at an event as well.

    Frank’s Answer

    DUI and Operate with the Presence of Drugs carry essentially the same penalties. Any amount of an intoxicating substance such as marijuana is enough to convict you of Operate with the Presence of Drugs (perhaps unless you have a Medical Marijuana card). But if you had been drinking, too, a blood test may come back high enough for alcohol that they won't even test the blood sample for drugs. Get an attorney who handles DUI cases on a regular basis right away. Sincerely, Frank B. Ford

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  • How can you legally be forced to install an interlock ignition if you dont have a car and got a DUI from non-resident state?

    Have been resident of MI all my life but got a DUI out in Seattle, WA in 2011. Went through court and completed everything I was required to do by court and now, in 2015, I go to renew my license so that I can get an "enhanced" license since I li...

    Frank’s Answer

    This sounds like an issue that you need to get information about from an attorney in Washington State. You will have to comply with Washington's requirements to renew your Michigan license, since you apparently are listed in the National Driver Registry as having a problem in Washington. There are states (I don't know if Washington is one of them) that will waive the interlock requirement in certain circumstances. That's why you need to talk with a Washington lawyer, to find out if that is a possibility. Having a car with an interlock that is never driven will probably not satisfy Washington. If you don't ever intend to have a driver's license, then Mr. Jones' suggestion of a passport instead of an enhanced license makes sense. Besides, if you are moving to Boston, you would technically no longer be eligible for a Michigan license anyway. I also don't know Massachusetts' law, but it is possible that you could get a license there, despite the Washington problem. (I doubt it, but a call to a Massachusetts attorney would be worth it, to find out.) Sincerely, Frank B. Ford

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  • Facing 3rd OWI in Kent County BAC .16 Did 48 Day inpatient Treatment in IOP currently Possible credit for 30 day jail time?.

    Probation officer suggested in report for 30 days in jail with 1 day credit, sobriety court, fines and other costs. 5 years of probation. I was in inpatient facility for 48 days and currently in IOP also attending AA with signed documentation. I ...

    Frank’s Answer

    The statute requires a minimum thirty days jail for a conviction on an OWI 3rd. If a judge ignores that, consider yourself very fortunate, but the prosecutor could appeal, anyway. You may be eligible for weekends or work release, if available. You are doing the right things, to have a sober life, and to have your probation go smoothly. Sincerely, Frank B. Ford

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  • Can I get my license suspened if I got into a accident without my license but cops were never called at the time?

    About 2 months ago I drove and I did not have a license at the time, It was raining really hard and I tried to stop at the stop sign but I slipped and a car was backing into he's drive way and back into me. We agreed that we wouldn't contact the p...

    Frank’s Answer

    Bad idea to lie to the police. Either tell the truth or say nothing. Telling the officer that you don't want to talk with them until you talk with an attorney would be wise. Talk with an attorney now. Depending on why you didn't have a license, this may not be a terribly serious situation. A conviction for Driving while Suspended can get you suspended longer, or again, but it may not. Presumably the other driver knows who was driving, and your telling the police someone else was driving will just make matters worse. Please consult with an attorney before you do anything. Sincerely, Frank B. Ford

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