I was arrested for DUI 1 year ago and still have never been called to court for arraignment.

Asked over 1 year ago - Detroit, MI

There is no warrent out for me or no record of a case with the court. I still have the temporary paper I'm supposed to carry with me when driving because they took my license. I don't want to get into trouble but I also am not about to call the court and say please arraign me if the paper work was "accidently lost". I was going to obtain my driving record with the DMV to see if anything comes up. What should I do??

Attorney answers (4)

  1. Timothy J. Klisz

    Pro

    Contributor Level 18

    3

    Lawyers agree

    Answered . You'll have a long wait. The statute of limitations still has another 5 years on it. You will not have a real license during that time. But, you might be able to wait it out.

  2. Frank B. Ford

    Pro

    Contributor Level 13

    3

    Lawyers agree

    Answered . The Temporary Permit is probably on your driving record. Get a copy of your driving record to see if it is. If it is, and it almost certainly is, you will never be able to get a new picture license back until the Temporary Permit is cleared. So, yes, wait a while longer, but if you want a picture license, you will have to eventually deal with it. Whether that is by going to the police department that arrested you, or contacting the Secretary of State, may depend on the circumstances. The court can't do anything if they don't have a file on you. If the Temporary Permit is not on your driving record, you will probably be able to get a new picture license now. It is also possible that although there is not a warrant, there may be a suspension of your driver's license for FAC (Failure to Appear at court), for a court date for which you never received notice. Get that driving record and call an attorney now, just to get some further insight into the situation. Frank B. Ford 313-565-9289

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  3. Edward Jacob Sternisha

    Pro

    Contributor Level 17

    2

    Lawyers agree

    Answered . I agree with these other fine attorneys and recommend you call one of them now. As they noted, there could be a few different possibilities. On the west side of the state where I am located, the courts have been dismissing OWI cases that have been taking too long. This is only happening in cases that involve blood samples that have yet to be analyzed due to a backlog at the MSP lab in Lansing. Basically, as I understand it, when testing for the presence of drugs, the process takes longer than when testing for the presence of alcohol. This, apparently is the reason for the backlog. Regardless of why, the court is getting tired of waiting and has been dismissing the cases altogether. While I do not know what happened to your case, it would be prudent to call one of these attorneys for assistance. I do have a current OWI case that seems to have fallen through the cracks and we are just waiting it out for now. Only time will tell. Good Luck!

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  4. Charles K. Kenyon Jr.

    Pro

    Contributor Level 19

    2

    Lawyers agree

    Answered . You already have answers from three fine Michigan lawyers. As someone you cannot hire for this, I am writing you to urge that you do hire a lawyer for this, now. Let that lawyer explore the possibilities. You certainly want to leave a sleeping dog lie. In the meantime stay out of trouble and consider getting an alcohol assessment and/or treatment. This is often covered by insurance when done voluntarily and often is not covered when court-ordered.

    Often people think that because it isn’t a murder case, a drunk driving case is simple. Nothing could be further from the truth. These cases can be among the most complex a criminal defense lawyer handles. The government is willing to spend an incredible amount of money to convict you though. They will have expert witnesses available for consultation and trial.

    That you have been charged or that some contraption says your alcohol level was at a certain level does not mean that you are guilty. It certainly does not mean that you can be proven guilty using competent, valid evidence.

    Field sobriety “tests” are designed to give police a reason to arrest. You cannot “pass” them. The police will admit that almost a third of healthy young adults who take these tests without any alcohol will be judged to be “under the influence” – and that assumes they are properly administered!

    After even a first drunk driving conviction, you may face employment discrimination. You will certainly be charged higher for insurance. Having such a conviction will also make you a target for drunk driving arrest in future interactions with police. You will automatically become a suspect.

    You will want a lawyer who is familiar with field sobriety “tests,” perhaps one who is certified to administer these tests. You will want a lawyer familiar with the weaknesses of the contraptions that are used to report alcohol or drug levels. You want an experienced trial lawyer, used to cross-examining police officers. Police officers are practiced, experienced witnesses.

    That is, you want an experienced drunk driving defense lawyer, whether you call the offense DUI, OWI, DWI, OUI, or drugged driving.



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    --- Field sobriety "tests" – Madison (Dane County) Wisconsin DUI / DWI / OWI / Drunk Driving lawyer
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    --- Which Offenses Count as Priors in Wisconsin? - Madison Dane County Wisconsin DUI OWI Drunk Driving Lawyer answers
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    --- Ten Days to Save Your License - Administrative Suspension and Refusals in Madison (Dane County) Wisconsin
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    If something I say disagrees with what your own lawyer is telling you, you should rely on your lawyer who is familiar with you, your entire case, the local courts and practices.

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