My husband was pulled over for a DUI and detained for 14 hours. He had two drinks with plenty of water and about two hours from the last drink until being pulled over. Did the field sobriety test with no problem and was released after 14 hours wit...
I agree that your husband could still be charged even if the result is below .08 for impaired driving. Further, it could a few more weeks before the test comes back. I always find it concerning when someone says I had only '2' drinks because many times bartenders pour doubles and all drinks are not standard ( for instance the Long island iced tea has perhaps 4 shots of alcohol or more). Further field sobriety tests are designed to alert the officer to 'clues' of intoxication. If the clues are present, there is an indication of intoxication. I agree that your husband could be dealing with an implied consent suspension issue as well and should contact an attorney to discuss his case and review his paperwork right away.See question
How long is a pre trial and can it be dismissed or just be over at this point?
Though many Courts have a protocol that could vary for their Pre - Trial hearings, they are just that: Pre- trial. This is an opportunity to discuss a potential outcome of the case before it goes to trial. Either your attorney will have direct conference with the prosecutor or you will have an opportunity to talk to the prosecutor directly about the outcome of your case if you are un-represented. I would highly suggest you contact a defense attorney in your area as my colleague advises to discuss the merits of your case and defenses you may have. If you cannot afford an attorney, contact the Court and inquire if you are eligible. Good luck. .See question
Daughter on Probation for retail fraud and admitted to using drugs. She left before her 18th birthday to live with her boyfriend who just got out of jail in February(new relationship) and he is on Felony Probation for Intent to do great bodily har...
Not only might Probation remove her, they may violate or revoke her Probation! Some orders of Probation require that you not associate with anyone with a known felony record; I am not sure if this is her case, but if it is, and she did not get approval to live with this person, it could be a problem for her. It sounds like this young lady is not making decisions in her best interest, and it is hopeful she sees the controlling situation she has put herself into. However, your daughter is the one on Probation, and only she can ensure proper compliance. If her Probation officer has approved this residence for her, then they cannot remove her simply because you do not want her there.See question
I have my permit and come to find out it had expired without my knowledge. I drove myself home from a friends in their spare car because they had been drinking and i have two kids that needed to get home and they had no things for me to stay at m...
I suggest that you start by pleading Not Guilty. I agree with my colleague that the officer can follow you and it appears that because you were driving with a head lamp out, the stop by the officer is a legal stop. The law requires that lights on your vehicle Must be in working order. It may be possible that if you get your license issues cleared up, you or an attorney on our behalf may be able to negotiate an outcome to avoid a misdemeanor. This will all depend on the facts and willingness of the prosecutor to want to work out a plea deal. I do not see 'I forgot' being a defense in our case. I highly suggest seeking an attorney in your area to discuss your case with.See question
His real father is order to pay child support but doesn't. He does not see him. my son has no idea who is real dad is.
Tracy is correct. Keep in mind that the Step-patent adoption requires that you are married and that your husband consents to the adoption. You should seek an attorney in your area that handles these types of cases.See question
The prosecutor has offered me a cap on my sentence at 2 months. My crime has a 5 year max. If I go to trial will I definitely get more then the 2 months offered if I lose?
If you go to trial in Michigan and lose, the Judge, must sentence you within the Guidelines unless he finds substantial reason to depart. You really must go over the Sentencing Guidelines with your attorney which take s into account prior record variables and offense variables. Further consideration must be given with regards to the Judge's tendencies regarding sentencing on your type of case.See question
this is second time i got a ticket for driving on suspended license. i was not aware that my license is suspended. and i later found out the reason for my license being suspended was that apparently i didn't pay my responsibility fee. which i took...
I would advise that you plead not-guilty and if you cannot afford an attorney, ask the Court to appoint one for you. Since you have taken steps to take care of the suspension, it is possible you can negotiate the case down to a different charge that does not give you further suspensions, even perhaps a ticket that does not have jail as penalty. The fact you have taken steps to clear this matter up may go a long way with the prosecutor handling the case. Otherwise, I agree with Attorney Lawrence that these hard to win at trial if the state can show valid suspension.See question
i am 21 with a clean record first offense, caught the case in walmart of canton mi. what is the worst that could happen
I would advise that you plead Not Guilty at your arraignment hearing and consult with an attorney in your area. If you can't afford to consult with or hire an attorney, ask the Court for a court appointed attorney. Many Courts in Michigan have a Diversion program that will allow you, after completing a term of probation, community service or other mix of penalties, will dismiss the charge so that you have a clean record. Retail Fraud is a crime of dishonesty and could ave negative affects on future employment opportunities. Please take it seriously and good luck.See question
I was pulled over and obviously guilty. A BaC of .18. I just want to avoid jail time. What are the chances of a plea bargain.
I highly suggest you contact an attorney that has experience handling DUI cases. A first offense Super Drunk charge is up to 6 months jail. Many times there are challenges that can be made regarding the stop of your vehicle, to the testing procedures and/or plea negotiations that can be made on your half to reduce the Super Drunk charge to something less. In addition, an attorney who is familiar with the Court you are in can be very helpful in advising you in the protocols and likely sentence of a particular Judge. You should plead not guilty and either seek retained counsel, or if you cannot afford one, ask for a Court Appointed Attorney through the Court.See question
My exs girlfriend chases me around town tells my 4 yr old daughter she will beat me up. The girl even yells at me in court. She's mean to my kids just because I'm the mom. The girl has not done enough to get a ppo, but I'm concerned about my kids ...
I agree with Attorney Carter. Make sure you indicate the verbal threats of harm that were made in your request for the PPO. Ultimately, if you are legitimately fearful for your safety, based on threats of harm or actual harm, I would make the request for the PPO.See question