Never received ticket in the mail. Two years later applied for a job and was told a warrant was issued for my arrest. Went to court told judge I never received the ticket come to find out it was mailed to an old address that I lived at twelve years ago and the address is not on my state issue license and was given a paper license at the jail with the correct address, and still have not seen the ticket. Have my rights been violated? This is a Michigan ticket
Your first step is to go to the district court house and get a copy of whatever ticket you were issued. Then take it to a lawyer and talk to them about it. I'm not sure from your description exactly what you might be facing, whether it is OWI or just loitering. Your first consultation should be free. If you refused a breathalyzer, you should have had a license restriction two years ago. That's also why you want a lawyer to help you sort this out. Good luck.
This is a general answer for informational purposes and should not be taken as actual legal advice. The questioner is NOT a client. If I answer that you should talk to a lawyer, I mean it.
You need more than the ticket. You need the police report and a criminal defense attorney.
In answering this question, it is not intended that an attorney-client relationship is formed and the information is for general reference only. I am licensed in Michigan and Florida and offer no legal advice outside of those states.
Your situation is more common than you think. I see this pattern all the time. Police take blood test and send the samples to the State Police. Month later, the results come back and a warrant is issued. The court is supposed to send out notice but either they done or use the wrong address. The person is arrested months or years later having no knowledge that a warrant had ever been issued. It's an awful system.
This being said, you have a charge and have to deal with it. It's not going away and the court is not, unfortunately, going to find that your rights were violated.
Your only course of action now is to hire the best lawyer you can and defend the charges. The prosecutor may have some sympathy given what happened. As a defense attorney, I would look to see if the delay has caused you to lose the ability to defend yourself...loss of a witness or spoliation of evidence. There may be a due process argument that can be made.
Avvo is an excellent place to find a 10.0 rated criminal defense attorney. Many of us will offer a free consultation.
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First, find out what you are charged with. It is more likely that you were charged with some misdemeanor crime and the warrant is for failing to appear for arraignment based on the ticket that was supposedly sent. It's possible that you were charged with some civil infraction and the warrant is for failing to pay fines once the ticket went into default. Hire an attorney. This kind of thing (late tickets sent to wrong addresses) happens more often than you'd think. I've seem some charges delayed over a year!
This is more common that people think. I'm dealing with a similar scenario from 2007. Hire an attorney to take you to court and fight this case. Based on the facts you've given, it doesn't even sound like you were "operating" the vehicle anyway.
I can't stand these cases. On the one hand, our community doesn't want people drinking and driving. But when someone intoxicated takes affirmative steps by pulling over and sleeping off the booze, that's not good enough, wake them up and give them a DUI. You have a circumstantial evidence drunk driving case. The state will have to prove you were driving your car, on the road, with an illegal blood/breath alcohol level. Your statements to the police that night are very important. You need an experienced defense attorney, good luck.
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