Skip to main content
Michael J. Boyle
Avvo
Pro

Michael Boyle’s Answers

9 total

  • If the prosecutor agrees, can I get my license back after losing it for refusing to take a breath test? It was my first refusal

    I refused to take a breath test. I was given a piece of paper by the secretary of state but I did not send it in in time to get a hearing on my refusal. My court appointed attorney did a great job on my criminal charges, but was appointed late a...

    Michael’s Answer

    I may interpret your question incorrectly but here are two answers depending on context of the issue: first, your refusal was an Implied Consent violation which caused a 1 year suspension. The Officer involved, or the Prosecutor, both have the ability to Withdraw the suspension with proper letter being submitted to the Secretary of State. Alternatively, under my impression of your question, you may apply to the Circuit Court for a Hardship license, where the Judge may grant restricted driving privileges. The county prosecutor often take the role of SOS Counsel for that hearing and in some cases will stipulate or agree without a hearing. In both scenarios, my strong suggestion is to seek assistance of counsel.

    See question 
  • Interlock question

    I have interlock on my vehicle. I have had it on for nearly 5 years. I was denied my initial request to have it removed in 2012 due to a couple failed tests in 2010. I had zero failed tests and didn't drink at all from November 2010-April 2014. I...

    Michael’s Answer

    The purpose of this hearing is to address these positive tests, which may include all of them and not just the most recent. The hearing officer does have the power to reinstate your previous Revoked status, and/or discretion to continue your current status. I would agree with my colleagues that based upon the apparent history a loss of privileges is likely. A hearing officer is extremely unlikely to be swayed by any personal reason or hardship (45 miles to work, children, etc) but will rely upon accuracy/reliability of the specific violations. In addition, hiring an atty is imperative as well as obtaining the reports/downloads of all of your testing. Your hearing (presumably) will take place at SOS branch in Benton Harbor but conducted via video.

    See question 
  • I was charged with a DWI in NJ. Will I lose my license in Michigan?

    I want to know if NJ reports to Michigan.

    Michael’s Answer

    It is possible that your license will be suspended. This question can not clearly be answered until the end result in NJ is obtained. However, simply being charged will not effect your Michigan license. It is important to understand that NJ can only suspend your driving privileges when you are in NJ or specifically your driving privileges within NJ, and only Michigan may suspend your privileges for Michigan and every other state. Typically, Michigan will impose the same suspension that the convicting state (NJ) would impose.

    However, Michigan is one of a handful of states that is not a member of the Interstate Compact, but it is likely that NJ would report a DUI/DWI to Michigan Secretary of State, who would then send an additional notice to you regarding any suspension, additional suspension, or different suspension, resulting from the activity from NJ.

    I would recommend contacting an attorney in NJ that focuses their practice in DUI defense, and feel free to contact me regarding any further issues regarding your Michigan license.

    See question 
  • How long can my license be suspended least and most for recieving an OWI?

    I am 20 years old and I blew a .05. For my line of work I need to be able to drive and I also need to be able to drive to get to my college courses.

    Michael’s Answer

    Mr. Blanchard is correct - as a minor (under 21) it is anticpated that you would be charged with the Zero Tolerance (which is technically .02) and would face a potential suspension of 30 days. That suspension would be restricted, which allows you to drive to and from employment, and in the course of that employment. It would also allow you to drive to and from school, any counseling, and community service. Further, you would be required to pay a reinstatement fee to the Secretary of State at the end of that suspension to to regain full license.

    If under some circumstance you were charged, or more specifically pled/convicted of the higher offense(s), OWI or OWVI, you would face a 30 day suspension (no privileges) + 150 days restricted for the OWI or a 90 day restricted license for the OWVI (Impaired).

    In any event, it is important to contact an attorney that concentrates on DUI (Zero Tolerance, OWI, OWVI) to make sure that your rights and your future are protected.

    See question 
  • Should I plea guilty or not guilty after being arrested for DUI?

    This is my first time getting arrested and I have no idea as to what I should do.

    Michael’s Answer

    The short answer: NOT GUILTY. It would be advisable to have an attorney retained to assist you even at these early stages. The first step in the process is pleading Not Guilty at the arraignment, which is where the Judge or a Magistrate will read the charges and the maximum penalties. In many circumstances, your attorney can waive this court appearance and schedule your case for a Pretrial, which is where the attorney and the city or county prosecutor discuss possible resolutions. Even though it is your first time, it is very important, in my opinion, to retain an attorney who is well versed in DUI. This is a complex area of the law, and includes penalties that may stay with you for the rest of your life.

    Should you have any further questions, please do not hesitate to contact me.

    See question 
  • Is there a statute of limitations for a MI DUI?

    I had a dui in MI years ago, I did my time and took care of it. I recieved anoter one almost ten years latter and l left rather then go to jail for a year. It's now 14 years latter, if I return will there still be a warnt for me? Or is there a s...

    Michael’s Answer

    I think the other fine attorneys have answered your question - Is there a statute of limitation that applies? - NO.

    However, under your fact pattern, it is important to understand some of the penalties that you are potentially facing. First, since there was a 10 year gap between your offenses, there is a 93 day max on a potential jail sentence since it would be a 1st offense. There is also a likely penalty for the contempt of court - failure to appear, which can be up to 30 days. Further, the penalties imposed would be under the law of 14 years ago, and not present penalties.

    In addition, it would be anticipated that rather severe bond conditions would be imposed if returning for an arraignment or appearing to have warrant lifted, therefore, it would be advisable to have an attorney attempt to have this matter resolved immediately, which may include a plea, but preferably a dismissal.

    Should you have any further questions, please do not hesitate to contact me.

    See question 
  • I have two dui convictions, I got another one in October 09, but havn't been charged. Is their a time limit?

    Hit a tree, blew on the scene but the breatalizer didn't work, went to the hospital where they drew blood. That was in the middle of october 09. I never got a ticket but the sec of state says it's open still. It's now almost five months and havn't...

    Michael’s Answer

    Yes, you can still be charged. It is not uncommon for a significant delay to occur under your cirmcumstances - 2 priors, and therefore potential felony charge, and because of the blood draw. The Prosecuting Attorneys Office will review all the available information before authorizing the charging complaint. In many cases, the local sheriffs department will contact you when the charges have been authorized and the warrant is pending, which will then require you to appear in court for the arraignment. At this time, clearly a stressful time for you, but it is important for you to prepare for the possible and pending matter. Time is on your side.

    See question 
  • I received a speeding ticket in Michigan on 03/08/2010 while driving my semi truck,the posted speed limit was 55 mph,

    they wrote me a ticket for going 45 mph in a 35 mph road,because there was a seasonal weight and speed limit on that section of road,but there are no signs posted on that road indicating that it was a seasonal road, do i have a good case for fight...

    Michael’s Answer

    I would recommend most people to fight a ticket, and here, it appears that you do have a valid reason to defend or fight the ticket.

    MCL 257.628 of the Michigan Vehicle Code sets the statewide maximum speed limit on all unposted highways at 55 mph. Gravel roads are included in this. Gravel roads are currently excluded from the process of lowering posted speeds through a Traffic Control Order due to the changing conditions of these roads. The Basic Speed Law, MCL 257.627, adequately covers these changing conditions by requiring drivers to "drive at a careful and prudent speed not greater than nor less than is reasonable and proper, having due regard to the traffic, surface, and width of the highway and of any other condition then existing."

    Speeding does not require intent to speed, but clearly, if there is not a sign (which you may need to try and verify) and you are driving reasonably and with due regard you should be in good shape.

    Further, I would suspect that you would be able to resolve this matter amicably, but you will need to first request a formal hearing.

    See question 
  • Can a mi. resident with dui still obtain a passport or visa?

    Have 2 dui, want to travel to Bermuda drom mI, usa

    Michael’s Answer

    The answer to your question is yes and possibly no. You would be able to apply and obtain a Passport, and would need to provide a Michigan ID in lieu of driver's license. However, the VISA is a more complex situation becasue it depends on where you are going, what they require, and status of your dui. It has been my experience that a VISA is typically not required, but if it is, it typically is granted. When it has been denied has been because an individual is on Probation. In addition, a DUI will not typically prevent you from passing through customs in the same manner as other travelers. You may also want see the following http://travel.state.gov/index.html site for more information.

    See question