What is the name of your state (only U.S. law)? michigan
Last August I received an OWI 1st offense for an .08 breathalizer. Initially I though that was an impaired. Upon getting an attorney I was told it was intoxicated. I was encouraged to take it to trial with main main defense being that there is a margin of error on the breathalizer machines, a "good" police report, etc. I lost. The jury had the option to convict me of OWI intoxicated or impaired. At .08 they came back with guilty of intoxicated but then the judge dismissed those two options and found me guilty of UBAL? The Michigan info I have read says UBAL is stiffer penalties for cases over .10. My arrest was Aug. 28 and trial Dec.5. Question: Does a judge have the power to change the charge at the last minute to fit his sentencing?
Last August I received an OWI 1st offense for an .08 breathalizer. Initially I though that was an impaired. Upon getting an attorney I was told it was intoxicated. I was encouraged to take it to trial with main main defense being that there is a margin of error on the breathalizer machines, a "good" police report, etc. I lost. The jury had the option to convict me of OWI intoxicated or impaired. At .08 they came back with guilty of intoxicated but then the judge dismissed those two options and found me guilty of UBAL? The Michigan info I have read says UBAL is stiffer penalties for cases over .10. My arrest was Aug. 28 and trial Dec.5. Question: Does a judge have the power to change the charge at the last minute to fit his sentencing?