I have court tomorrow for a small drug charge ~ marijuana and my atturney said that he is going to try for 6 months probation and I was just reading about these programs and I'd like that instead if I still have time or can I ask the judge at cour...
The period of time that a person is in a diversion program is frequently called probation, even though it isn't exactly probation. Diversion is usually handled through the court's Probation Department. There are often conditions that you have to comply with, and the Probation Department monitors your behavior to see that you comply with those conditions. My guess is that your attorney is planning to work out a diversion plea for you. Sincerely, Frank B. FordSee question
Pulled over for Dui. Took chemical test. They said I refused so took Blood test. Blood test was .059. Went to Lansing for refusal, which was dismissed. Over 80 days later still no arraignment date. Do they have a time frame? What can I do so this ...
At this point, I would say "Let sleeping dogs lie." Don't do anything to draw attention to your case. Mr. Tauber may be correct, that the police lab is now checking for drugs, which might take close to a year. Or, they may be deciding whether to charge you at all, or they may have made the decision not to, and you just don't know it. Presumably, you have a Michigan Temporary Driving Permit, so eventually, something will have to be done to clear that, but I suggest you not do anything at this point, other than getting a State ID card at the Secretary of State, if you haven't already, and, in the meantime, consult with a drunk driving defense attorney in the area, for some more specific guidance. Sincerely, Frank B. FordSee question
A friend of mine had he's citizenship. He was informed that he passed the test but a decision cannot be made yet. He has no arrest, felonies, or any type of criminial charges. He's pretty much 100% clean. A few of he's friends and family who e...
I have reclassified this question under the Immigration category. Hopefully you will get some good answers that way.See question
A year ago I plead guilty to leaving the scene of an accident. I have no prior issues with the law before that..Completely clean record. An Oakland county judge gave me 5 days in jail 8 days of wwam (labor) a driver education class and 1500 in fin...
Mr. Tauber is correct. This is very serious, and you should retain an attorney in that area immediately to help guide you through the situation. "Just barely positive" is still positive, and they will assume that it was at a higher level at some time before the testing. Sincerely, Frank B. FordSee question
I was driving over the speed limit to catch up to someone when a cop was behind me and he flew past me and wrote me a speeding ticket for that 2 days later
Yes, a ticket can be issued later. Apparently the officer believes he saw a violation, and for whatever reason, did not stop you at the time. Presumably he issued the ticket based on the license plate number. There could, however, be a question of identity: how does he know who was driving the vehicle, especially if he "flew past" you? It is best that you get a lawyer to help you with this situation. Sincerely, Frank B. FordSee question
I was driving near 12 Mile and Van Dyke, in Warren. I was speeding going 51 and the 35 mile zone (says the officer). The officer pulled me over and gave me an impeding traffic ticket explained to me that it would be zero points on my license. I wa...
Impeding Traffic is a Zero Point, non-abstracted offense. What that means is that nothing is sent to the Secretary of State about the infraction, and therefore, the insurance company never sees it. Pay the ticket and be grateful that the officer gave you a break. Sincerely, Frank B. FordSee question
I was told over the phone when my court date was wed, the 9th i just looked at my court paper they sent in the mail and it says Mon, the 7th. I missed it by 2 days. This is my first ticket what should i do?
You have the right under the court rules to file a Motion to Set Aside Default Judgment, but it must be done within fourteen days of when the Notice of Judgment is sent by the court. That may not have even happened yet. Call the court and ask if a Default has been entered. If a default has not yet been entered, ask the court clerk what procedure you should follow to get back into the system in a timely manner. If a Default has been entered, then you need to consult a traffic attorney to file the Motion to Set Aside Default Judgment. You can do this yourself, but it's a better idea to have an attorney who knows what they are doing do it for you. Sincerely, Frank B. FordSee question
I was arrested for sitting in my car while under the influence of alcohol, I wasn't driving though, but I already have two dui that I am not so proud of. My last dui was in 2003, haven't been in trouble since until now.
You could be charged with drunk driving (technically Operating While Intoxicated) Third Offense, which is a Felony that could put you in jail for up to five years. However, note that word, "Operating". The prosecutor would have to prove that you were operating the vehicle, or, through other evidence, that you had operated the vehicle (which does not require that you put it in motion), while under the influence. If you had not operated the vehicle before becoming intoxicated, and did not operate it after you became intoxicated, then the prosecutor would have a difficult job convicting you of OWI. They might, however, try to convict you of some other offense, such as Disorderly Conduct. Better get an experienced OWI attorney immediately. Sincerely, Frank B. FordSee question
I have a pedigo battery riding bike that I use to get around until I get a vehicle in the near future; it is dual manual as well as battery powered; if the battery dies out I can pedal manually. The battery speed only goes maybe 10mph My questi...
The answer is yes, you could be charged. The OWI statute applies to any vehicle that is moved by something other than human power. If the motor is not running, and you are pedaling instead, then I would argue that, at the time of the operation, the bike was not a motor vehicle. Sincerely, Frank B. FordSee question
Mr. Klisz and Mr. Lawrence are correct. Don't believe everything you read online. There's a lot of incorrect information out there. Sincerely, Frank B. FordSee question