DUI in Michigan

[walla]

An acquaintence of mine said he got a DUI...crashed into a ditch and blew 0.2 on the PBT.

What do you suggest for this person. He's of legal drinking age. He didn't hurt anyone. This is his first offence, and doesn't have a criminal record.

Evidently possible punishements in Michigan are community service, up to $500 fine and up to 93 days in jail.

I have no experience with DUI or courts or lawyers or anything. What would be your advice for him?

 

[shortylickens]

If he gets a choice, take the community service. It shows he wants to be helpful in case a judge looks at this case later on.
Besides, he'll need the extra money for insurance.
A public defender should be able to handle this.

 

[Black88GTA]

Is he a college student? I think at MSU, you could get a student attorney for free through ASMSU. I never needed one, so I don't know much about it, but I think that's what a friend of mine did when he got a DUI in East Lansing.

 

[godmare]

sock him in the jaw and tell him not to drink and drive.

 

[FoBoT]

Originally posted by: walla
What would be your advice for him?

plead guilty
stop drinking

 

[walla]

No he's not an MSU student. In fact I hardly know him. He just IM'ed me out of the blue asking for advice so I thought I'd oblige.

 

[psiu]

Originally posted by: walla
An acquaintence of mine said he got a DUI...crashed into a ditch and blew 0.2 on the PBT.

What do you suggest for this person. He's of legal drinking age. He didn't hurt anyone. This is his first offence, and doesn't have a criminal record.

Evidently possible punishements in Michigan are community service, up to $500 fine and up to 93 days in jail.

I have no experience with DUI or courts or lawyers or anything. What would be your advice for him?

Tell him to stop drinking and driving. I live in Michigan, I have family, friends and my wife on the roads with this ass. I've been lucky so far, but I know people who have lost family members to drunk drivers.

0.2 and in a ditch? That's not a couple drinks and being unlucky, that's fvcking hazardous, reckless, and assinine.

:thumbsdown::|:frown::|:disgust:

Originally posted by: shortylickens
If he gets a choice, take the community service. It shows he wants to be helpful in case a judge looks at this case later on.
Besides, he'll need the extra money for insurance.
A public defender should be able to handle this.

Tell him to take that advice and to stop drinking and driving.

 

[walla]

So you would say going with a public defender is the right choice? And not to bother with one of those specialized DUI lawyers? And he should choose community service if offered as an option to fines?

Is that the consensus?

 

[minendo]

Being his first offense he'll probably just get slapped with a fine and community service. See if he can work out a deal with the DA.

Of course, a 0.2 is over two times the legal limit and furthermore he was involved in an accident so who knows how the DA will go.

 

[rgwalt]

Originally posted by: godmare
sock him in the jaw and tell him not to drink and drive.

Yep! If you check the yellow pages you can find lawyers that specialize in DUIs. Or check out the following site:

Drunk driving lawyers

R

 

[Vic]

0.20% is blotto I-downed-a-whole-fifth-by-myself drunk. I'm having trouble feeling any sympathy for him.

 

[Scarpozzi]

Give him the number for a good cab service.

As for the possible jail time, get him some soap on a rope. He'll need it.

 

[mrrman]

Originally posted by: godmare
sock him in the jaw and tell him not to drink and drive.

only losers and retards drive and drive...lock him up and throw away the key....you see where I stand on this

 

[Colt45]

heres a hint - dont fvcking drink and drive.

 

[FoBoT]

Originally posted by: walla

Is that the consensus?

he doesn't need a lawyer to plead guilty
the judge decides his punishment, not him

 

[minendo]

Originally posted by: mrrman

Originally posted by: godmare
sock him in the jaw and tell him not to drink and drive.

only losers and retards drive and drive...lock him up and throw away the key....you see where I stand on this

I really hate it when I drive and drive. I always end up somewhere I don't want to be.

 

[walla]

Yeah. I've never met this person before. But reportedly he's had many many drug problems and likes the drinky-drinky. So I have a feeling what comes to him will be a good life learning experience.

 

[Mill]

Originally posted by: walla
So you would say going with a public defender is the right choice? And not to bother with one of those specialized DUI lawyers? And he should choose community service if offered as an option to fines?

Is that the consensus?

Do NOT use the public defender. This is the absolute WORST thing you can do. Tell him to get an attorney that specializes in Criminal Defense who does a lot of DUI cases. Pleading guilty and asking for mercy is quite a stupid idea, and will only further assure your friend that his life is forever destroyed. He needs to get an attorney that will attack every single piece of evidence and who is familiar with the court this is in, as well as having experience with these types of cases. A Public Defender is going to have him plea out, and he will do jail time and have a fine, as well as losing his license. I would strongly urge you to NEVER use a Public Defender unless you are flat broke. The costs of hiring a skilled criminal attorney is less than the fines, hassle, jail-time, possible loss of job(future and present), and criminal record.

 

[tami]

Originally posted by: FoBoT

Originally posted by: walla
What would be your advice for him?

plead guilty
stop drinking

yeah. any idiot who drinks and drives deserves what comes to him.

 

[walla]

Originally posted by: FoBoT

Originally posted by: walla

Is that the consensus?

he doesn't need a lawyer to plead guilty
the judge decides his punishment, not him

ok so you are saying a lawyer would not be able to save him jail time or harsh fine? Not to say he doesn't deserve it...

 

[MetalMat]

I dont usually agree with the "Dont Drink and Drive" Nazis cause I feel that .1 is too low, but .2! That is quite a bit of brewskies dude.

 

[Mill]

Futhermore, PBTs are notoriously inaccurate, and almost always result in a higher reading than a person actually has. The don't have near the precision or accuracy of an actual breathalyzer, and the use of a PBT is actually good for him because of all the cases that have been overturned because of the inherent inaccuracy of the devices. Did he take a regular test as well or get a blood test? These are all reason why he MUST consult with a skilled criminal attorney NOW.

 

[Mill]

Originally posted by: walla

Originally posted by: FoBoT

Originally posted by: walla

Is that the consensus?

he doesn't need a lawyer to plead guilty
the judge decides his punishment, not him

ok so you are saying a lawyer would not be able to save him jail time or harsh fine? Not to say he doesn't deserve it...

No, these people are saying your friend is guilty before he has his day in court, which is the exact opposite of how the US Court System is supposed to work. A skilled attorney might not win acquittal, but can certainly mitigate that harm that such a conviction will do to a person's life.

 

[Vic]

Originally posted by: Mill
Do NOT use the public defender. This is the absolute WORST thing you can do. Tell him to get an attorney that specializes in Criminal Defense who does a lot of DUI cases. Pleading guilty and asking for mercy is quite a stupid idea, and will only further assure your friend that his life is forever destroyed. He needs to get an attorney that will attack every single piece of evidence and who is familiar with the court this is in, as well as having experience with these types of cases. A Public Defender is going to have him plea out, and he will do jail time and have a fine, as well as losing his license. I would strongly urge you to NEVER use a Public Defender unless you are flat broke. The costs of hiring a skilled criminal attorney is less than the fines, hassle, jail-time, possible loss of job(future and present), and criminal record.

This is good advice. Either way it's gonna cost him.

Originally posted by: tami
yeah. any idiot who drinks and drives deserves what comes to him.

As do we all, as do we all.
Personally, I think most drivers are as bad as any "drunk driver", given the stupidly low 0.08% limit (which is scientifically below the level of actual incapacitation). So get off the fsckin' high and mighty trip, eh?

Now, 0.20%... he probably fell out of the car when the cops stopped him, and certainly should have known he was grossly incapacitated when he got in the car. To illustrate, 0.08% is roughly 3 beers in one hour for 180 lb. male. I don't even cop a buzz. 0.20% is 7 beers in one hour for the same person. Anyone who has ever drank knows that that is big fsckin' difference!

 

[walla]

Originally posted by: Mill

Originally posted by: walla

Originally posted by: FoBoT

Originally posted by: walla

Is that the consensus?

he doesn't need a lawyer to plead guilty
the judge decides his punishment, not him

ok so you are saying a lawyer would not be able to save him jail time or harsh fine? Not to say he doesn't deserve it...

No, these people are saying your friend is guilty before he has his day in court, which is the exact opposite of how the US Court System is supposed to work. A skilled attorney might not win acquittal, but can certainly mitigate that harm that such a conviction will do to a person's life.

My feelings exactly. Thanks for this advice.