In Michigan, the minor in possession statute was declared unconstitutional by a federal judge and then subsequently by a district judge in state court. The reason is because police officers cannot compel an individual to submit to a preliminary breath test (pbt) without a warrant or an emergency (known as an exigent circumstance). The elimination of alcohol from your body is not a sufficient emergency to allow a warrantless pbt. You should check with a lawyer about the laws in your state.
Diversion is a term that is used to describe placement in an informal program in which you pay a fee, stay out of trouble and charges are dismissed.
If you mean expungement ... he would be eligible to expunge from his record after 5 years passes from the time that he completes sentencing.
In Michigan, Felonious Assault carries a maximum possible penatly of 4 years in prison. It is defined as either striking someone, or putting someone in fear that you are going to immediately strike them, while you are holding either a weapon or something that can be used as a weapon.
You should not plead to the violation. Depending on the technology used, false positives are possible. Contact an attorney who is familiar with the type of testing used.
Depending on where you are located and your history, the range is the maximum possible penalty to a lecture from the judge. Make sure you talk with a lawyer before you make any decisions about how to respond.
I agree with Mr. Ramsell. However, I am concerned with the second part of your answer: were you found guilty of refusing a chemical test even though the dui was dismissed in favor of a careless? More information may help me give you some guidance. Also - are you in Grand Rapids MI or MN? email@example.com
It sounds like you have a defense to your case. In my opinion, you should advise the court that you are impoverished and cannot afford a lawyer. You will probably be required to fill out a petition to determine whether you are unable to afford a lawyer. The court will appoint one for you if you are unable to afford one and you face the possibility (even the remote possibility) of jail time. You may not have been above the legal limit at the time that you were operating. You should at least...
Look I don't recommend you represent yourself. There are too many traps for the unwary. Get a new lawyer immediately so that the judge does not believe that you are trying to stall. If you cannot afford a lawyer you should ask for new appointed counsel asap. I do not know anything about your case but it is usually to the defendant's advantage to start trial sooner rather than later.
Unfortunately, you will not get any relief by argument the 8th Amendment. That's a good, creative idea. However, you will probably get relief if the probation officer wants to put you in jail or otherwise have you sanctioned for getting behind or missing restitution payments. What I mean is that your ability to pay measured against your efforts to pay is the analysis that a judge in Michigan is required to do in the eyes of the law. Good luck.
You could very well be right. If you are talking about the preliminary breath test, and it is not clear that you are based on the phrasing of your question, many pbts are flawed when it comes to detecting "mouth alcohol." I use that phrase th refer to any interfering substance in your mouth including alcohol. An interferent will cause an artificially high result. The manufacturers of most pbts explain this to their police agencies right in the manufacturer's manual. Contact a DUI specialist...
It is not unreasonable for you to expect to pay 10-25 thousand dollars for a top notch DUI lawyer who knows both the science and the law. I am a member of the National College of DUI defense and many of the lawyers who belong to the college have a special dedication to this particular practice area and that includes extensive time investing in learning the science of pharmacology and pharmacokinetics.