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Advice on Michigan DUI - 5/7/2007 5:53:19 AM

cjenny

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I'm trying to find out.. what happens to someone who has received their first DUI. He was arrested,held overnight and now the court date is coming up. He has never had an alcohol related ticket before but has had a TON of speeding tickets the last being about a year ago.
Is there a standard penalty? Does it depend on the city/town he was in?
Is there any way to find out if he will end up jailed?

Sigh. Thanks.

_____________________________

*Unless I cite a source it is MO.

~ ssssh. i think i've just found freedom. ~

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RE: Advice on Michigan DUI - 5/7/2007 5:59:02 AM

stef

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These are all wonderful questions for a lawyer. Does he have one?

~stef

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RE: Advice on Michigan DUI - 5/7/2007 6:13:58 AM

cjenny

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Unfortunately no he does not. Hence my asking all these wonderful questions here just in case someone may have experience in this matter.

_____________________________

*Unless I cite a source it is MO.

~ ssssh. i think i've just found freedom. ~

(in reply to stef)

Post #: 3

RE: Advice on Michigan DUI - 5/7/2007 6:18:16 AM

mistoferin

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Well as I live in Michigan and known people who have been arrested for this, I would have to say that if indeed there are "set" penalties I have not seen them. I believe that the court system takes a variety of things into consideration. History, details of the incident, attitude, community standing.....

The only "constant" that I have seen is that it cost them all alot of money. As stef said....these are questions for a lawyer...and I'd suggest he get a good one.

_____________________________

Peace and light,
~erin~

There are no victims here...only volunteers.

When you make a habit of playing on the tracks, you thereby forfeit the right to bitch when you get hit by a train.

"I did it! I admit it and I'm gonna do it again!"

(in reply to cjenny)

Post #: 4

RE: Advice on Michigan DUI - 5/7/2007 6:21:13 AM

cjenny

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Joined: 11/27/2006
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moe? He can't afford one. It ended up costing his job because he missed a vital work thingie while being held. Hope you don't mind the 'moe', if so lemme know. Hehe @ the rhyming there.

_____________________________

*Unless I cite a source it is MO.

~ ssssh. i think i've just found freedom. ~

(in reply to mistoferin)

Post #: 5

RE: Advice on Michigan DUI - 5/7/2007 6:25:31 AM

mistoferin

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If he plans to go to court without representation he can expect that he will be at the mercy of the court (and in my opinion, they have not proved over time that they are very "merciful".) I'd suggest he contact legal aid, get a court appointed attorney or contact some and see if they will take a payment plan or trade for services. I know an attorney who frequently takes on cases in exchange for auto repair, lawn or construction services from people who can not afford to pay.

_____________________________

Peace and light,
~erin~

There are no victims here...only volunteers.

When you make a habit of playing on the tracks, you thereby forfeit the right to bitch when you get hit by a train.

"I did it! I admit it and I'm gonna do it again!"

(in reply to cjenny)

Post #: 6

RE: Advice on Michigan DUI - 5/7/2007 6:46:05 AM

pahunkboy

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From: Central Pennsylvania
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we have a ton of DUIs here in this state. the dont go easy on anyone in pa.

(in reply to mistoferin)

Post #: 7

RE: Advice on Michigan DUI - 5/7/2007 7:03:55 AM

sambamanslilgirl

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From: Chicago, IL
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here in IL for a first DUI, get an attorney and if you cannot afford one, the court will appoint a PD (public defender) to help represent your case because even if it's your 1st DUI charge, the judges here go for maximum sentence. and since your friend has other parking tickets, the judges will more than likely hold that against that person.

standard penalty doesn't necessarily depends on where he lives or where the ticket was issued. some judges like to teach 1st DUIers a lesson - so it's either a fine and AA counseling with a suspended license and parole or fine, AA counseling, and more jail time (if he bodily injured an innocent victim and/or caused an accident) or if the DUI charge is very serious (ie vehicular homicide), prison time however that depends on the state's attorney prosecuting his case. plus his case could go as a bench trial (without a jury) or a jury trial in which 12 decide his fate depending what the state's attorney charges your friend with. oh he gets the lenient sentence, do advise your friend to meet the parole officer on time and not to drive on a suspended license - if he caught, then it's an automatic violation and straight to jail.

there's no clear way to know if he won't serve any jail time, only his attorney can plead a suspended jail sentence, the prosecuting attorney and judge to agree. i strongly suggest he tells the court that he cannot afford an attorney so he can have some sort of legal representation from a public defender. most judges will slap a continuance on his case until he finds and/or obtains an attorney - they don't like those charge with DUI's representing themselves because they can easily get the book tossed at them.

oh another thing - ask if his car was impounded. that's another fine to get it out of the police impound and you have certain number of days to retrieve it before (i know it happens here in Chicago) it's sold at a police auction.

hope this helps

_____________________________

...2011 - year of the fabulous rock star life ...and i do it so well...

...announcing Mr. & Mrs. British Petrol ...yeah, marrying into oil is slick business...

(in reply to mistoferin)

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RE: Advice on Michigan DUI - 5/7/2007 7:08:52 AM

Enyo

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Hi there, I'm in Kalamazoo and recently had a good friend go through this....I'm not a lawyer but I do work for quite a few of them....and we had a lot of advice...

Is his court date an actual hearing do you know?

It can vary a little bit based on city ordinances and on how close he was to a school/construction zone, etc....but basically...

If his plates and everything were up to date and his prior tickets were paid, then he has a good chance. The tickets alone however are going to be around $2000 or so and he should really try to have that money when he goes into court (otherwise they may decide to give him jail and/or public service time--generally the jail time is 90 days and the community service is around a couple hundred hours). They will most likely ask at a hearing if he is prepared to pay the fines and the judges are happy if they say yes (less collection costs, etc). THEN the state is going to send him a driver responsiblity fine letter thing...he'll probably have to pay about $900 each year for the next 2 years above and beyond the ticket and court costs. You can find more information here... http://www.michigan.gov/driverresponsibility that money goes to some firefighters fund I think.

Good Luck!

They are expensive tickets.

(in reply to pahunkboy)

Post #: 9

RE: Advice on Michigan DUI - 5/7/2007 7:14:04 AM

cjenny

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Ugh this is all so out of my league. Samba yup his car was impounded but I got it out. Yup his license is pulled & he is still driving (idiot..ex-husband lol). So I guess it is a wait and see thing. I've never had a ticket so I didn't know if there was a set penalty.
Oy I hope he doesn't get jailed because I need him to critter sit while I go to Austin and see my dom!

Another dumb question, if he is sentenced to jail does he immediately go? Is he taken right there and then? That is (hopefully) my last question on this subject and I would like to thank all those that responded. It is nice having a place where I can ask stuff, it really is.

_____________________________

*Unless I cite a source it is MO.

~ ssssh. i think i've just found freedom. ~

(in reply to sambamanslilgirl)

Post #: 10

RE: Advice on Michigan DUI - 5/7/2007 7:15:40 AM

Aileen68

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NJ is a standard six month loss of license at a minimum for first offense dui.
Plus tons of fines and a huge increase in insurance.
And that's if it's just a stop and not an accident.

(in reply to cjenny)

Post #: 11

RE: Advice on Michigan DUI - 5/7/2007 7:20:06 AM

cjenny

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Joined: 11/27/2006
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Thanks Aileen. It was just a straight ticket, no accident involved although I am pretty darn sure he was speeding. The fines and stuff can be managed somehow but I worry about jail time.
If that happened um I don't think.. crap. It wouldn't be good. That is my real worry.

_____________________________

*Unless I cite a source it is MO.

~ ssssh. i think i've just found freedom. ~

(in reply to Aileen68)

Post #: 12

RE: Advice on Michigan DUI - 5/7/2007 7:20:26 AM

pahunkboy

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From: Central Pennsylvania
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some crimes have in fact become a flavor of the day racket. especially in chicago. if you use the atty x recommends- you get off light. of course the fee is outragious and there is a kickback. i know my ex got nailed for 4 valiums. but as long as he got the certain atty- iy asll goes away. i remember the fee was over 1k and this was in the 80s.

more and more states are throwing in drugs and rxs to the dui thing. newscast in california specify what was found. [oxicontin for instance]

then there is the whole - slippery 7 years slope. more and more items are not subject to the slippery slope -jenn had a dui but it was 7 yrs old=-- so it may or may not count. welll she sepnt like 2k and got this foresceic cemist report from ohio. she kept asking me if it was the right thing. my person thoughts were they are taking ur money girl. in the end she ended up w probation a fine and community srvice. im glad i kept my mouth shut.

during the whoe .08 debate i was wanting to know ya but how could i tell?? well now they have devices a consumer can buy.

the rx thing is scarey- some of us can drive all med up- others cant. wait till the attys try that on for a cash cow...

(in reply to sambamanslilgirl)

Post #: 13

RE: Advice on Michigan DUI - 5/7/2007 7:22:17 AM

Aileen68

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I doubt he'd get jail time unless there were any outstanding warrents out for him for unpaid prior tickets.

(in reply to cjenny)

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RE: Advice on Michigan DUI - 5/7/2007 7:26:42 AM

mistoferin

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quote:

ORIGINAL: cjenny
Samba yup his car was impounded but I got it out.

As someone who has had a lot of experience with this ( I too, have an "idiot ex") I have to tell you that helping him is only enabling him....and it won't make the situation better. If he "can't do the time, he shouldn't do the crime". Don't be there for him to pick him up when he falls. Let him stand on his own two feet and be accountable. As you say, he is already driving. If he gets stopped they are not going to take lightly to that. Distance yourself.

< Message edited by mistoferin -- 5/7/2007 7:27:28 AM >

_____________________________

Peace and light,
~erin~

There are no victims here...only volunteers.

When you make a habit of playing on the tracks, you thereby forfeit the right to bitch when you get hit by a train.

"I did it! I admit it and I'm gonna do it again!"

(in reply to cjenny)

Post #: 15

RE: Advice on Michigan DUI - 5/7/2007 7:37:20 AM

Trampler

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I don't want to offend the OP or anyone else here, But I can't say as I feel sorry for your ex, In my opinion there is absolutely NO excuse for driving drunk. Or driving while medicated. ( when I am on certain medications, and I feel fine, I do not get behind the wheel.) When in doubt ask your doctor/pharemacist (sp) Yes there are some people who are capable to drive while intoxicated, but would you want to be with them? would you want your kids to be with them? I wouldn't want to take that chance. Again sorry if this offends anyone but I feel strongly about this, and it suprises me that no one else has commented on it.

(in reply to Aileen68)

Post #: 16

RE: Advice on Michigan DUI - 5/7/2007 8:08:26 AM

cjenny

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Trampler I agree. I wholeheartedly agree and drunk drivers have zero sympathy with me. He was/is stupid and utterly selfish to drink and drive. I've always thought those with DUI records should have to use a special license plate or other signifier on their vehicle. The good thing is that this incident has finally shown him that he has an alcohol problem FINALLY, & he hasn't imbibed since then. My pity (?) comes from the fact that he did this on purpose, if he hadn't been pulled over he had planned to go headfirst into a guard rail. He needs help, he really does.
Enyo thank you very much for the detail you included, it gives me a lot to go on especially the link.
mistoferin.. since you've an ex I'm guessing you know stepping away is a lot easier said than done. I know in my head that I have to let him stand on his own two left feet but after almost 20 years of marriage its hard to do! That is part of the reason I want to move out of Michigan. I'm so conflicted over this, I have a tough time saying 'no' to someone that needs help even when I know the help from me is not the type he needs but it is the only help I know how to give.

Ughhh I detest drama like this. If he weren't emotionally unstable I would not worry about jail time, infact I would hope that it would drill into his head just how fucked up it is to drink and drive. It's not like we haven't lost friends and relatives to the stupidity of drunk drivers because we have.

Thanks you guys, thanks a lot. Just being able to talk about this has helped. I wish I had better words than 'thank you'.

_____________________________

*Unless I cite a source it is MO.

~ ssssh. i think i've just found freedom. ~

(in reply to Trampler)

Post #: 17

RE: Advice on Michigan DUI - 5/7/2007 8:21:11 AM

mistoferin

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Joined: 10/27/2004
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quote:

ORIGINAL: cjenny

mistoferin.. since you've an ex I'm guessing you know stepping away is a lot easier said than done. I know in my head that I have to let him stand on his own two left feet but after almost 20 years of marriage its hard to do! That is part of the reason I want to move out of Michigan. I'm so conflicted over this, I have a tough time saying 'no' to someone that needs help even when I know the help from me is not the type he needs but it is the only help I know how to give.

Yup, I do know exactly how hard it is. For years, the people in my life who love and care about me told me exactly what I said to you but I couldn't find it within myself to follow their advice. For years I continued to pick him up every time he fell flat on his face. For years I made excuses for him, took out loans for him, provided bail money, attorney fees, wrote letters to judges, testified at court appearances, found treatment centers, visited him in jails and hospitals. I know EXACTLY how hard it is. But....in the end....NONE of that changed anything or helped. HE is the only one that can make a difference....HE is the only one who can take responsibility. If he chooses not to do so it is NOT your failure. But this much I can tell you....he is a drowning man and if you continue to reach out and try to help him in the ways you are he will surely suck you down with him.

< Message edited by mistoferin -- 5/7/2007 8:32:25 AM >

_____________________________

Peace and light,
~erin~

There are no victims here...only volunteers.

When you make a habit of playing on the tracks, you thereby forfeit the right to bitch when you get hit by a train.

"I did it! I admit it and I'm gonna do it again!"

(in reply to cjenny)

Post #: 18

RE: Advice on Michigan DUI - 5/7/2007 8:24:45 AM

sambamanslilgirl

Posts: 10926
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From: Chicago, IL
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if he's still driving on a suspended license and ticket, here in IL he would be taken straight to jail if caught by police/state police. sometimes they do police stings catching those who just left DUI court while driving out of the parking lot. the judge decides when he starts serving immediately or starting at a certain date in jail. i advise you have a backup plan in case he does have to serve immediately. your ex's insurance rates are about to jump too.

my idiot ex had a DUI too before divorcing and paid $$$$$ for an attorney and getting his license restored. he didn't even tell me about the DUI ticket and car was impounded until our mailbox was flooded with postcards and ads for hiring an attorney to handle his DUI. oh what a HUGE surprise i had when i found the tickets and impound slip he had stuffed in a desk drawer. i had to drive him to and from work and court dates too until he was issued his license back.

_____________________________

...2011 - year of the fabulous rock star life ...and i do it so well...

...announcing Mr. & Mrs. British Petrol ...yeah, marrying into oil is slick business...

(in reply to cjenny)

Post #: 19

RE: Advice on Michigan DUI - 5/7/2007 8:31:00 AM

pahunkboy

Posts: 33061
Joined: 2/26/2006
From: Central Pennsylvania
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alot of places in the US you only get pulled over if you are in teh worng neighborhood. [sorry but it is true]

(in reply to sambamanslilgirl)

Post #: 20

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