Michael J. Nichols's Answers

Setting aside conviction

It was not clear if the probation violation was ruled on by the judge. If so and he revoked your 7411 status but kept you on probation your only option is to wait for 5 years. There is a provision in the law that allows a plea to be withdrawn in the interests of justice. This is complicated and you should seek qualified legal counsel immediately.

I got two DUIs, one when I was 18 and one when I was 21. I am now 29 I tried to get my license back in 2003 and it didn't work.

In Michigan you will still be required to go through the process and "jump through the hoops" so to speak. It will take time, effort and some money but it sounds like it is worth it to you.

Is this a felony?Can i loose my drivers license for this? What are my rights?

larceny from a motor vehicle can be a felony conviction. It will not cost you your license necessarily. Mike

I got an open intox and my driver has his chauffers license and i was in the back set can i fight this?

Yes. You can fight this charge. Open intoxicants can be possessed by more than one person under a theory that is called "constructive" possession. It is akin to the pen that sits on your desk. The pen is in your possession even if you are not holding it. However, the state or township stilll has to prove that you had knowledge of the intoxicant, had the right to do with it what you wanted at any time and that it was yours or partially yours. The issue of your incident occurring in a different...

Consequences for 2nd DUI in Michigan

Most cases have defenses including DUI cases. The issue is the degree to which your defense will be successful. What was the mistake that was made in the datamaster? The datamaster is an indirect method of bodily alcohol testing based on infrared spectroscopy. It is fallible. Michigan's system of breath testing is inferior to many other systems. You should make sure that your attorney understands the intricacies of chemical analysis and breath testing. Continue to do what you are doing....

Is police officer blackmail legal and must I abide by his or her orders to clear my name and punishment?

Unfortunately, police officers have broad discretion to conduct a traffic stop. In your case, tinted windows can be a reason to execute a stop. However, they may not be unless they are in violation of the Michigan Vehicle Code. You should proceed with caution when it comes to dealing with undercover drug enforcement teams because there will be no "contractual" obligation to dismiss the charges or negotiate the charges against you. However, usually drug enforcement teams honor oral argeements....

Am I eligible for a Public Defender?

You should advise the court of your financial situation, your net income, your expenses and the fact that your parents will not assist you and that you cannot afford a lawyer on your own. Make it clear to the court even if you need to have a hearing or provide documentation other than the typical petition for a court appointed lawyer.

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I didnt know i was driving a getaway car for someone who,is accused of stealing under 50worth of stuff

Among the elements of the crime that the government must prove are knowledge and intent. The government can try to prosecute you but the government has to prove it.

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Legal drinking and driving limit is .08% BAC. I tested .08% Do I have a case?

You have a case but you should choose a lawyer carefully. Make sure the lawyer understands the science behind chemical testing as well as the law. There are several things to examine when considering the reliability or accuracy of a blood test. More than anything else, the question for a fact-finder will be whether you were impaired because of drinking. Many other issues will be in play apart from just the blood test. Good luck.

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Criminal defense,plea bargain

When it comes to early termination of a probationary term, the judge makes the ultimate decision. Usually, a favorable recommendation from the supervising probation agent is a necessity to achieving this objective. The defendant/probationer can file a request to the court for early termination. It sounds like you successfully completed close to 80 percent of your probationary term. Perhaps you can discuss this with your probation officer?

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