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  #1  
Old 11-29-2005, 04:15 PM
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Join Date: Nov 2005
Posts: 1

D.W.I In East Lansing, MI


What is the name of your state? MI

Well I got a D.W.I in East Lansing last week. Im 21 and spent the night in jail.
I have to appear within 10 days. Im pretty scared and don't have money for a lawyer. I plan on just goin in there and admitting i was wrong, and tell the judge im sorry and see what happens. Anybody know what i'm lookin at as far as a punishment goes. How much, how long etc.. Please let me know, i'd appreciate it. oh yeah and i heard a D.W.I isn't as bad as a D.U.I. anyways thanks for your help guys.
  #2  
Old 11-29-2005, 04:46 PM
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Join Date: Jan 2005
Location: North Florida
Posts: 1,625

BigMistakeFl


It might be better for you to try to work with a public defender if your income is low enough to allow it. It could be a good idea to then approach the prosecutor and see what they offer, before it goes before a judge.

Here is a lawyer's site with a pretty good look at the penalties. Jail is not likely. You should expect the minimum penalties with a first conviction if your record is clean:

[url]http://www.mi-drunkdrivinglawyer.com/michigan-state-dwi/penalties.htm[/url]

Good luck. If it's your first offense, keep it that way.
  #3  
Old 11-29-2005, 04:54 PM
Senior Member
 
Join Date: Aug 2005
Location: St. Odo of Cluny Parish
Posts: 29,043
Quote:
Originally Posted by Mazuca24
What is the name of your state? MI

Well I got a D.W.I in East Lansing last week. Im 21 and spent the night in jail.
I have to appear within 10 days. Im pretty scared and don't have money for a lawyer. I plan on just goin in there and admitting i was wrong, and tell the judge im sorry and see what happens. Anybody know what i'm lookin at as far as a punishment goes. How much, how long etc.. Please let me know, i'd appreciate it. oh yeah and i heard a D.W.I isn't as bad as a D.U.I. anyways thanks for your help guys.

i heard a D.W.I isn't as bad as a D.U.I.

I have some really nice swampland in Louisiana you would be interested in.




Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat.

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and the ticket not go on your record, if applicable.


Here are five stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter is pregnant/sick/dying/dead/crippled and needs my help.

3. I’ve got a job in [name a state five hundred miles away].

4. This is the first time I ever did this.

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.”)

[url]http://forum.freeadvice.com/showthread.php?p=854687#post854687[/url]

Public defender’s advice

[url]http://newyork.craigslist.org/about/best/sfo/70300494.html[/url]


Other people may give you other advice; stand by.
__________________
There are two rules for success:

(1) Never tell everything you know.
  #4  
Old 11-30-2005, 04:26 PM
Member
 
Join Date: Nov 2005
Posts: 31
Finally, someone who is willing to take responsibility for their actions! You are doing the right thing and the advice you've been given so far is correct. A Public Defender is the answer to your attorney woes and first offense should not mandate jail time. Just keep the path and learn from your mistake.
  #5  
Old 12-02-2005, 12:28 AM
Junior Member
 
Join Date: Jun 2005
Posts: 13
A similar situation in the Detroit area resulted in about $1500 in court fines & fees, 1 year probation, driving restrictions, AA counseling and work/school orders.

May be quite different in a college town, though.
  #6  
Old 12-02-2005, 02:13 AM
Junior Member
 
Join Date: Nov 2005
Posts: 28
It all depends on who you get for a judge!
You could get one or all of the following things:
A Fine
Community Service
Probation
Jail Time (usually not much, maybe a weekend in jail)
Suspension of licence

Be curtious.
Admit to your flaws.
Show regret.
LISTEN to what the judge has to say.
Show respect.
  #7  
Old 12-02-2005, 02:18 AM
Junior Member
 
Join Date: Dec 2005
Posts: 16
If you have enough money for a DUI lawyer get one, if you don't get one. Public defenders will urge and practically beg you to take a plea bargain, trials cost money, DWI's generate money, an attorney will reduce you're sentence considerably, and will be worth every penny.

I'm not familiar with MI DUI laws but I was charged with extreme DUI in AZ (BAC .15 or higher) and my plea bargain sentencing was 10 days jail with work release 36 hours alchohol counseling 1 year certified interlock device (breathalizer which will not allow you to start your car with BAC .05 or higher) and 900$ in fines. Keep in mind you're paying at least 600$ for counseling and appx. 720$ for a year of the interlock device, also that this was 3 years ago now I would expect around another 1000$ in fines.

Other people I know who hired Attorney's had lesser sentences including less jail time, ommision of the interlock device etc.

also their may be factors in your case that an attorney can use to get it dismissed. If you plan on biting the bullet, take it to trial even with you're public pretender the possibilities outweigh the consequences.

Good Luck, Don't drink and drive
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