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Frank B. Ford
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Frank Ford’s Answers

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  • If someone comes in your room too purposely scare awake you, could you beat them up without getting in trouble?

    My girlfriend and I were outside, in our back yard, and my oldest brother sleeps behind our shed. We were coughing then she started calling our cat. My brother (few minutes later) comes in and threatened my girlfriend, not me, that he was gonna co...

    Frank’s Answer

    Physical violence doesn't solve anything. You and your brother need to find a way to discuss your complaints with each other in a civilized manner. If you can't do it by yourselves, go to a counselor to help the two of you work through your issues. Hurting someone "extremely" would be a felony that would probably end you up in prison for a very long time. Getting awakened by a lot of noise is not a defense. Sincerely, Frank B. Ford

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  • Can SOS state license appeal officers check bank records

    Im trying to to get a revoked license back from dui's. Im in michigan. I do not drink anymore 4 years sober. But I do purchase wine and beers for my girlfriend and company we have over and I use my bank card. Would or could the secretary of state ...

    Frank’s Answer

    Secretary of State Administrative Hearing Officers don't do that kind of checking. But they ask very probing questions that can get revealing information from you. Just buying alcohol should not prevent you from being successful, but it implies that you are around drinkers. That alone, also, does not in and of itself prevent you from being successful. But everything adds up, so if you have enough questionable issues, the Hearing Officer may feel uncomfortable in granting you a restricted license. You need very solid proofs to be successful: a very clear evaluation, excellent letters of support, a thoroughly completed Form 257, and convincing testimony. Getting an attorney to help you is the best way to make sure you have everything in order, and will give you the best chance of success. If you are not successful, you almost always have to wait a full year to get another chance for a hearing. Do it right the first time, with an attorney. Sincerely, Frank B. Ford

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  • Is the judge going to stick with my sentence of 30 days that she accepted my Cobb's agreement

    DUI 3

    Frank’s Answer

    The Cobbs agreement process is like going window shopping. You get to see in advance what the judge will sentence you to, IF, AFTER A PRESENTENCE REPORT IS PREPARED (WHICH THE JUDGE WILL READ BEFORE DECIDING) THE JUDGE THINKS THAT THE SENTENCE STATED IN THE COBBS AGREEMENT IS APPROPRIATE. If the Judge thinks you should get a harsher sentence, then you can withdraw your plea and go to trial or take other defensive actions. If the Judge thinks that the sentence stated in the Cobbs agreement is appropriate, then you are stuck with it. No one can, with certainty, predict if the Judge will follow the Cobbs agreement, but the odds are that she will. Sincerely, Frank B. Ford

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  • If my driver's license is revoked in Michigan due to my second D.U.I. will I be able to get a license in California?

    My license was revoked for a year due to my second D.U.I. in that period of time, I moved to California. When my time was up, I called the Secretary of State in Michigan to attempt to reinstate my license, however, they told me I'd have to go thro...

    Frank’s Answer

    The National Driver Registry has an entry for you, showing that there is a problem with your license in Michigan. California DMV will check the Registry and will see this, and will tell you to clear up the problem in Michigan and then come see them about getting a California license. You can go through the process in Michigan through the mail, but I believe it is much better to do it by having an in-person, face-to-face hearing here in Michigan. If you are successful at the Secretary of State Administrative Hearings Section, Michigan will simply remove the black mark on the National Driver Registry, and you can then go through whatever procedures California requires to get a license there. Do not try to go through this process in Michigan without the assistance of an attorney who practices license restoration on a regular basis. Sincerely, Frank B. Ford

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  • Worth Fighting or not?

    I have a perfect driving record. I was driving EB on I-96 to telegraph to drop off my vehicle at the dealership for a recall. It was early morning and as I exited on the off ramp, I slowed, and I yielded as normal. The left turning lane that...

    Frank’s Answer

    As Mr. Slais has pointed out, Impeding Traffic is a zero point, non-abstracted violation, which means nothing at all would go on your driving record if you just paid the ticket. Contesting the charge would very possibly be an exercise in futility, since almost anything could conceivably be considered to be Impeding Traffic. The police officer would only have to establish by his testimony that it was slightly more likely than less likely that you impeded traffic, for you to be found responsible for the violation. But, there would be a fine you would have to pay, so if you feel you did absolutely nothing wrong (and perhaps you need to read parts of the Motor Vehicle Code to be able to determine that), and you have plenty of time to go to court to deal with the ticket, then you should consider contesting it. Contacting an attorney directly for some guidance would be good idea. Sincerely, Frank B. Ford

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  • I got pulled over in berrien county mi for suspended license... I'm suppose to be in court today to answer the 10 day ticket. i

    I have to answer a ticket for suspended license and today is the last day. I just found out I have a bench warrant for child support in a different county county .will they see that warrant today?

    Frank’s Answer

    There is a good likelihood that they will see it. If there is a bond amount set on the other case, you may be able to bond out without being held and taken to the other county. So, it would be a good idea to have some cash with you when you go to court. Talking with an attorney, in the area of the court, would also be a good idea. Sincerely, Frank B. Ford

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  • DWLS 2nd offense. 7 year look back limit.

    I live in Michigan and I've been having issues with keeping my license ever since Michigan instituted the Drivers Responsibility laws, which makes a driver found guilty of certain traffic offenses pay money to the state treasury, along with any fi...

    Frank’s Answer

    The seven years is counted from the date of the conviction, not the date of the offense. However, you have a chance of the charge being reduce, even if it was within seven years. You have a better chance of having it reduced, maybe even getting a resolution that would not add additional Driver Responsibility fees, if you retain an attorney who practices traffic law in the Redford area. Sincerely, Frank B. Ford

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  • Will I lose my license in Michigan. Failed interlock test over a year ago but no violation.

    So I have had an interlock for over a year and a half now. Two months after having it, I had went for cigarettes. The store is literally half a mile away. Started truck with interlock just fine. Drive to the store went in and handled my business. ...

    Frank’s Answer

    It is possible that you won't be violated and lose the license, although it is certainly very likely, since SOS will get the annual report. It may, however, be that the problem won't come up until you go in for a hearing for full restoration. It would be very wise of you to consult now with an attorney in your area who handles license restoration matters, so you can get prepared to address the issue, whenever it comes up. Having had other problems with the interlock, the Hearing Officers will be more skeptical than they would be otherwise. Sincerely, Frank B. Ford

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  • How to Determine Who Prosecutor Is

    Received a traffic ticket, by State Police, on US-127. Want to request a formal hearing but don't know who prosecutor is to list for notice on such when asking. Would it be Ingham County? Town of Mason or City of Lansing, or someplace in between...

    Frank’s Answer

    A ticket issued by the State Police will be charged under state law, and therefore will be handled by the county prosecutor for the county in which the alleged violation occurred. Sincerely, Frank B. Ford

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  • How to fight a speeding ticket in Redford, MI.

    I received a ticket for going 60mph in a 45 zone. The officer was parked on the side of the road with this lights off when I passed him. This was late at night with no other traffic on the road, and it took him a while to pull out after I had pass...

    Frank’s Answer

    Retaining an attorney to help with this situation will give you the best chance to get a favorable outcome. Not only can an attorney evaluate the case from a legal perspective, but can also approach the prosecutor in the appropriate manner to conduct "plea bargaining" for a negotiated resolution if that is the best option. Sincerely, Frank B. Ford

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