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Michael J. Boyle
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Michael Boyle’s Answers

23 total

  • Should I accept the prosecution's initial offer for an owi?

    I was charged with an OWI. I was taken for a blood draw after refusing PBT. Jail PBT was .16. The blood tests that came back at .20. Prior to the pretrial the prosecutor said they would drop the initial refusal C/I and lower it to an OWI over the ...

    Michael’s Answer

    I concur with Mr Foote. It is important for you to consult a WI atty that focuses on OWI/DUI and license issues. Michigan Secretary of State imposes a specific suspension based upon an abstract (notice of conviction from the court) but MI SOS punishment/suspension is applicable to driving in Michigan only. WI controls your license everywhere.

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  • How do a Michigan license after a dui in MI with a FL license?

    I got a dui in Oakland county with a BAL of .11 I moved to Michigan for work. I never got a mighigan drivers license. From what my probation officer and the secretary of state in MI say is that my suspension is over after today April 7th. The iss...

    Michael’s Answer

    This a difficult situation to be in. Simply put, MI imposes MI penalties in MI but your home State (FL) controls your license everywhere. You do need to clear the issue in FL to clear it up everywhere. FL suspension is set up to permit a restricted (a work license) IF enrolled in a DUI school. Michigan has no such program. I recommend you contact Florida DUI lawyer re: options. You will need FL to release hold or give you restrictions, which only a FL atty can advise and counsel you on.

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  • How should I proceed? What kind of chances do I have to get this thrown out?

    Police officers minimal suspicion on "Improper Laning" while following me for 4 miles in a 96' Corolla to suspect that I am under the influence of marijuana. Takes me out of the car, asked to search me which I politely told him no, proceeds to hav...

    Michael’s Answer

    I concur with the previous posts. You should proceed with researching and retaining a qualified criminal defense lawyer with experience in DUID cases and drug possession. You may certainly feel wronged, but these are serious charges and consequences, including potential significant loss of driving privileges. Also, in my opinion, "chances of thrown out" are not terms that qualified attorneys would discuss or quote.

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  • Dui 1st offence when will i get notice. Blood test with warrent can it be used agenst me?

    I am in michigan and i got a dui about a month ago. i went to my court date and my name was not on the docket.so i went to the clerks desk and told them. She told me my case hasnt been processed and i would get something in the mail if they decide...

    Michael’s Answer

    It can often take a few weeks before the blood result is available and submitted to the prosecutors office. Once received they can issue a Complaint for the particular charge or of course no charge at all. In addition, if a warrant was obtained to withdraw your blood you may also be subject to an Implied Consent violation. You would have been given a DI- 93 form. It requires you request a hearing with the Secretary of State within 14 days. It appears that period of time has passed according to your post. You should immediately contact an Attorney to review your options.

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  • Hello

    I had 2 owvi's 4 and 5 years ago I'm all paid off haven't been in any other trouble with the law since .. I was thinking of moving to Florida would it be at all possible to obtain a license in Florida ?

    Michael’s Answer

    I agree with some of the prior answers, but best advice is sitting down with an attorney who handles Driver License Restoration (DLR)cases. They will, or should, be able to explain your options and strategy. For example, there are different options IF you move to Florida first or remain in Michigan. Obviously you will want to learn of the attorneys' experience for DLR but also (potential) out of State clients like yourself.

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  • Is vehicle immobilization always mandatory after 3rd DUI? I have a lease!

    Still have 9 months remaining on my lease and I was unable to register my car when the registration expired due to my license being revoked after my 3rd DUI. I was already driving on a restricted license, but had the breathalizer removed over 6 y...

    Michael’s Answer

    Short Answer is Yes. Immobilization is mandatory meaning Judge is by law/statute required to order it at Sentencing. Now, it only applies IF car used in committing the offense is titled/registered to you. If it is, Court can permit you to sell to non-family member at fair market value. If a Lease, can ask to turn lease in or must comply with Order. There are many other scenarios and possible exceptions but short answer is Immobilization is mandatory to be ordered.

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  • It's been about ten years since my son's second DUI when he lost his license. How can I help him get it back?

    I think things got worse for my son before it got better. His dad was seriously ill and then died a few years later. He has grown a lot over the years. He has his own place of residence and pays all his own bills. He walks to most places and...

    Michael’s Answer

    Drivers License Restoration is a complex and technical area of the law. It seems very straightforward but the best thing you can do is help him find an experienced attorney in this field. Once you've hired that attorney he/she will make sure everything is done properly. Under the law, the Petitioner must prove 12 months of sobriety amongst other requirements, have letters from family, friends, co-workers that can support that claim, a drug test needs to be obtained, and testimony prepared. If unsuccessful, you must wait 1 year before you can petition again, just another reason to hire the right person.

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  • Drrunk driving

    I just got out of jail for drunk driving yeseterday morning I was told my blood was drawn and I had a .35% level so i guess its going to be super drunk driving. i know I will most likely be charged with drunk driving but can it get dropped if i ca...

    Michael’s Answer

    First, Judges do not make decisions on reductions of charges. That power lies with the prosecuting attorney and negotiated with your attorney. So, concurring with prior responses - you need to hire qualified counsel. Second, not just for your case, but for YOU, yes you should look into AA and substance abuse counseling. Third, if you had your blood drawn the results would not be available for 'typically' 10-14 days after the blood draw. Further, if there was some evidence you are/were .35 then medical attention & medical clearance would have been required per policy. Last, if result is from a hospital vs the State Police Lab then the result is not accurate. Likely will still be charged with High BAC (aka Super Drunk) but the .35 (if from Hospital) is not an accurate result. You should contact counsel to assist you through the process, understand your case, and help you through this difficult time.

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  • Why will the Sec of State reject restricted license with interlocked device for Sobriety Court participant after 45 Days?

    Would a refusal to blow effect decision if otherwise eligible ?

    Michael’s Answer

    If there is an Implied Consent suspension - it can be remedied by 1) filing a Hardship Appeal with the Circuit Court 2) have Prosecutor agree to file appropriate paperwork to withdraw the Violation or 3) have the Officer agree to file appropriate paperwork to withdraw the Violation. If an IC suspension is in place then you would be considered to fall into one of the 'ineligible' categories.

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  • DUI on a atv off rd.

    Crossing highway coming off a trail ride crashed in drainage ditch first offence. I am 62 yrs. old. Was on an atv.

    Michael’s Answer

    As previous counsel has stated, it's unclear what your specific question is, and I also agree that you should consult and retain counsel.

    However, your inquiry touches upon 2 possible different charges but won't be both. First, operating an ORV under the influence is governed by MCL 324.81134 under the Natural Resources Act. It's penalties mirror those of OWI motor vehicle code (MCL 257.625) such as community service, up to 93 days in jail, and $500 fine. However, a conviction under ORV will not suspend or restrict driving privileges for your motor vehicle but the court will impose a 6 month to 2 year suspension of being able to operate an ORV. If convicted under Motor Vehicle Code it is a 30 day suspension of your driving privileges plus 150 restricted license.

    So, both charges discussed above are misdemeanors and are serious but have significantly different impact on you.

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