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RE: Advice on Michigan DUI - 5/7/2007 8:33:33 AM

FatDomDaddy

Posts: 3183
Joined: 1/31/2004
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Ok...

Not to to put too sharp a point on this bur...

He is an idiot if he goes to trial without a lawyer for a drunk driving offense.

Let me say that again.

He is an idiot if he goes to trial without a lawyer for a drunk driving offense.

Once more...

He is an idiot if he goes to trial without a lawyer for a drunk driving offense.

If he truly can't afford a lawyer, he can use the Public Defenders Office and many times they put on a superior defense.

If he makes too much money (and most use slidng scales) and doesn't qualify for the PDO then HE can afford to hire a private attorney. Unemployment btw is usually an automatic qualifer. There really is no excuse.

Somebody needs to grab your friend and shake some sense into him.

(in reply to cjenny)

Post #: 21

RE: Advice on Michigan DUI - 5/7/2007 8:41:01 AM

HaveRopeWillBind

Posts: 514
Joined: 7/15/2006
Status: offline

A good friend of mine has been pulled for DUI twice. The first instance he got a fine and his license was suspended for a year and he had to attend court ordered AA and driver classes. The second offense got all the same in greater degrees with a 90 day jail sentence as well. There seems to be a lot of discrection on the part of the judges in MI as too determining the exact fines or jail time but 90 days is the apparent minimum if jail time is assigned. Your ex will be much better off with a counselor or the judges tend to go bigger. He should also be prepared to cover fines and court costs on his appearance day.

(in reply to sambamanslilgirl)

Post #: 22

RE: Advice on Michigan DUI - 5/7/2007 8:41:30 AM

soultoshare

Posts: 519
Joined: 8/24/2006
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jenny, one SMALL detail you might want to impress upon your ex.....if' he gets stopped again for drunk driving, IT WILL BE A FELONY! And i'm sorry, if they do it once, they will do it again......and while i'm not up on michigan law, i do know illinois law, and if he gets stopped for DUI anytime within a time period, it will become a felony charge. In illinois, it's within a 10 year peiod, it's probably pretty similar to MI laws.

Trampler hit it on the head, hun....stop bailing him out! He's an adult, and it's time for him to take some sort of responsibility for his actions....he's lucky he DIDN'T injure or kill someone...I've had to clean up the aftermath too many times in my past to have any pity for anyone who gets caught driving while drunk. My ex is an alcoholic, so i know all about alcohol and it's cost to a family. Yes, it was hard to walk away from the marriage, and him, but it had to be done in order for me to keep my sanity.....i lost too much sleep worrying about whether or not he'd make it home. I had a child to think about, and at that point in our marriage, my ex just didn't want the responsibility of a wife and child. We are friends now, and all worked out for the best, he no longer drinks, has a life w/awife and 2 more boys, but even now he drills it into ALL of the boys heads NOT to drink and drive. It worked, because my son may drink, but he won't drive. So I can understand how you're torn about helping him out, but you have to quit sometime.

The least he can expect is loss of his license for probably 6 months, the loss of BIG BUCKS for fines and costs, and community service. Tell him to ask for a provisional license, that will enable him to drive to work, the doc's, any alcohol counseling that he chooses to get, or is orderd to attend. God save him if he gets drunk on a priviisional license, tho. In New Yourk, they have what's called a weekender program for DUI, the person serves his time on weekends....it enables the person to keep their jobs, stay at home during the week, and stay w/family. Maybe Michigan has some sort of program like that. Unfortuantely, most courts/states are making serious examples out of DUI drivers, hopefully he'll get a judge in a good mood. But DON'T take on his guilt, OK? I know how tough it is, but sometimes the only way they grow up is to be tossed into the deep end and forced to swim. Jails have suicide watches, if they get any inkling that he may hurt himself, they will handle it. And as it's been said before, tell him to get a public defender....NOW!!! Even an overworked attorney is better than on attorney at all!

Good luck, hun......take care.

m

(in reply to cjenny)

Post #: 23

RE: Advice on Michigan DUI - 5/7/2007 8:45:17 AM

soultoshare

Posts: 519
Joined: 8/24/2006
Status: offline

oops...got my posters mixed up...it was erin who said to walk away....either way, it's something to think about.

m

(in reply to soultoshare)

Post #: 24

RE: Advice on Michigan DUI - 5/7/2007 8:47:29 AM

Enyo

Posts: 35
Joined: 4/27/2007
Status: offline

Michigan no longer allows provisional licenses.

(in reply to soultoshare)

Post #: 25

RE: Advice on Michigan DUI - 5/7/2007 8:52:50 AM

MasterDesire

Posts: 45
Joined: 1/20/2005
Status: offline

Well Enyo said it best. Took many to jail over my time and sorry folks drunks driving do not get a break from me. Not only do they endanger their own lives but the innocent ones as well. Picked up too many kids and moms and dad from the pavement and worse thanks to a drunk. If he is given jail time and is not employed he will go straight to jail. IF he has a family and a job maybe be given weekend community service. If he is still driving and get caught will forfeit the license and will go to jail and will not be a bondable. Yes my brother is in the same boat and I will not help him either. If you drink and drive you accept the outcome. Sorry to say there is no O POOR ME. you did it you are responsible. But yes he needs a attorney where he pays for one or uses the state appointed one but if he uses a appointed one he will not be getting the sympathy of the courts nor should he. He needs help and fast. Before something happens and a innocent person is a victim again.

(in reply to FatDomDaddy)

Post #: 26

RE: Advice on Michigan DUI - 5/7/2007 9:02:27 AM

popeye1250

Posts: 18104
Joined: 1/27/2006
From: New Hampshire
Status: offline

A $100 cab ride would be *MUCH* cheaper than a DUI!!!

(in reply to MasterDesire)

Post #: 27

RE: Advice on Michigan DUI - 5/7/2007 9:03:43 AM

sambamanslilgirl

Posts: 10926
Joined: 2/5/2007
From: Chicago, IL
Status: offline

quote:

ORIGINAL: pahunkboy

alot of places in the US you only get pulled over if you are in teh worng neighborhood. [sorry but it is true]

yep had that happened to me before - minutes away from my parents house and was pulled over for no reason just because i was black driving a very nice expensive car in a white neighborhood. they let me go upon noticing my address on the license.

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Post #: 28

RE: Advice on Michigan DUI - 5/7/2007 9:21:14 AM

pahunkboy

Posts: 33061
Joined: 2/26/2006
From: Central Pennsylvania
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quote:

ORIGINAL: sambamanslilgirl

quote:

ORIGINAL: pahunkboy

alot of places in the US you only get pulled over if you are in teh worng neighborhood. [sorry but it is true]

yep had that happened to me before - minutes away from my parents house and was pulled over for no reason just because i was black driving a very nice expensive car in a white neighborhood. they let me go upon noticing my address on the license.

i was on south cottage grove. my sticker was 1 day expired i was in fact pulled over. he let me go- but likley because my "cousin" a black female was in the car with me. we told everyone we were cousins. just to make it seem more appropriate. this was in the 80s. it was funny seeing people try not to be annoyed that we claimed we were cousins. but it was sorta fun for the shock value. no one ever asked for details... lol every time she got a ride to my suburb they got pulled over. it got to be quite inconvenient.

(in reply to sambamanslilgirl)

Post #: 29

RE: Advice on Michigan DUI - 5/7/2007 9:39:58 AM

farglebargle

Posts: 10715
Joined: 6/15/2005
From: Albany, NY
Status: offline

Nothing makes a court appearance easy.

What can make it EASIER is finding a lawyer who shoots golf with the Judge.

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(in reply to pahunkboy)

Post #: 30

RE: Advice on Michigan DUI - 5/7/2007 9:40:49 AM

stockingluvr54

Posts: 673
Joined: 6/22/2006
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sent ya a note on the other side..please read..don't delete

(in reply to cjenny)

Post #: 31

RE: Advice on Michigan DUI - 5/7/2007 12:47:49 PM

cjenny

Posts: 1736
Joined: 11/27/2006
Status: offline

Thankies stockingluvr for the mail. I appreciate it!

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Post #: 32

RE: Advice on Michigan DUI - 5/7/2007 2:24:50 PM

Sternhand4

Posts: 422
Joined: 3/6/2005
Status: offline

First you have to decide if hes going to fight it..
If an attorney is not afforded ( a lot of them will take payments ) then try for the public defender. If he has a job then he most likely wont qualify for one ( PD )
Most first offenders plead out to a lesser offense ( here in NY its callled DWAI ) but blood alcohol level affects wether a plea will be accepted. ( if he was ( 2 or more ) times the limit or other aggravating offenses were involved expect no plea. If you have no experience with the law I cant stress having one ( lawyer ) enough, its also good to have either a DWI specialist or one connected to the judge politically. If your going to fight it, a DWI specialist is almost a requirement. Dont use a GP lawyer unless he's connected. you will be paying for him to learn on your trial. Ask how many cases like this he has taken to trial not just pled out.

As I dont know all the facts surrounding this thats a good start..
Feel free to email me with specifics if I can be helpful.

S

(in reply to pahunkboy)

Post #: 33

RE: Advice on Michigan DUI - 5/7/2007 2:24:54 PM

stockingluvr54

Posts: 673
Joined: 6/22/2006
Status: offline

CJ....
PS....what I mentioned in the PM was with the assumption that he took the arrest in a civil manor (didn't back talk cops...kick up the squad car...resist arrest...things of that nature)

Read your local paper and follow the DUI arrests....the most with the same fines/penalties are usually the first time DUI offenders. The ones with harsher penalties/jail time are repeat offenders. It'll give him a good idea of what he can expect after the smoke clears.....

< Message edited by stockingluvr54 -- 5/7/2007 2:25:36 PM >

(in reply to cjenny)

Post #: 34

RE: Advice on Michigan DUI - 5/7/2007 3:50:15 PM

windchymes

Posts: 9410
Joined: 4/18/2005
Status: offline

This is probably not my business, but, you might want to reconsider leaving him to 'critter sit' while you go visiting....what if they're in the car with him next time he decides to crash into a guard rail?

I heavily second everything Erin said.....they have to hit rock bottom before they'll help themselves, THEY have to want to. And believe me, they'll promise you they'll quit drinking until the cows come home, but they only pay lip service to shut you up and get to their next drink. Take the critters and make other arrangements. Trying to pussyfoot around alcoholics is just not worth it.

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Post #: 35

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