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Dwls

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mluscahas

Junior Member
What is the name of your state? Michigan

Hi. My license was suspended in Dearborn Heights for 2 unpaid speeding tickets (bench warrent was issued). I was pulled over on 4/18 around 12 am. Car parked. I was taken down to Dearborn Heights and went before the judge. He gave me time to pay. I have paid the tickets, but I have court now in westland.

My ticket says i was pulled over on 4/18 at 23:04. I was pulled over on 4:18 but it was around 12 am. Possibly even 4/17 if it was before midnight. I have no other DWLS tickets. What are my chances of getting this case dropped/ dismissed/lowered etc.

Thank you.
 


FlyingRon

Senior Member
What is the name of your state? Michigan

Hi. My license was suspended in Dearborn Heights for 2 unpaid speeding tickets (bench warrent was issued). I was pulled over on 4/18 around 12 am.\
The error on the ticket isn't going to mean much.

DWLS can be a very serious charge, but your lawyer can probably negotiate it to something less (perhaps a guilty plea to whatever got you pulled over). You need a lawyer familiar with the court you're charged in. There are also administrative issues that may extend your suspension as a result.
 

mluscahas

Junior Member
Guilty to what got me pulled over ? Dude the cop was board and ran my plates (thats what he told me anyway). If the date/time is wrong on a ticket wouldn't that be cause to say it wasn't me ? I was sorrta hoping that it would go something like this (based on what i saw in dearborn heights).

They call me in:
Judge: How do you plea ?
Me: No contest
Judge: You understand that by entering a plea of no contest you give up your right to trial by jury or bench. For purposes of sentencing it is the equivalent of entering a plea of guilty. Do you understand this ?
Me: Yes

Judge: Very well then. Michael Luschas, it is alleged that on 4/18/2007 at approx 23:06 you were operating a motor vehicle in the city of Westland, while your license was suspended. Is this correct ?
Me: No your honor it is not. On 4/18/2007 at approx 23:06 I was at home sleeping, and did not have access to my car. The car's ignition key was in possession of my father.
Judge: According to this ticket though you were detained by Westland police officers at that time, and ticketed for driving on a suspended license, given a warning for obstruction of view, and taken to Dearborn heights police station. It was found that your license was suspended, and you had no priors for this. (all that is actually stated on the ticket).
Me: Your honor, I was arrested for driving on a suspended license but it was (and im getting the records tommrow from dearborn heights, the call from the cops to the police station to see if they wanted me. If I am right though it was 4/18/2007 at 00:10, but it could have been 4/17/2007 11:56) so <insert proper date and time>. I would also like it stated that I was unaware that my license was suspended. I went before judge turfe and he granted me time to pay the cost. I paid the cost on Friday 4/27/2007. Due to the fact that I am currently pending a driver rexamination (I have 6 points, and my license for 3 years). My license is actually suspended for failure to appear for the first exam appointment, because I was given a date when I was out of town, and never recieved the notice. Had I recieved it, I would've made sure to have been there, especially because at that time I would've been informed about the outstanding tickets in dearborn heights, and i would've paid them. I currently work part-time at the Boys and Girls Club of Southeastern Michigan. I only am able to work 20 hours a week at this job, and our club sadly is going to be closing here within 2 weeks. I have another job possibility but I will require my vehicle to get there. Would it be possible based on this to either drop the charge due to the circumstances and the false information on the ticket, or could I please recieve a lesser ticket with time to pay. I would be willing to plea to No Operator License on Person (which is 200 bucks, and pay that fine as soon as I am able to; even if you make this pending the outcome of the driver re-examination.


Just a shot in the dark right now. But I think there are a few things in there that I shouldn't mention. I.E. The whole driver re-exam thing ! (And yes I know a lawyer might be better idea, but like i said i work 20 hours a week, 8 bucks an hour. I CANT AFFORD IT, I CAN HARDLY MAKE ENDS MEET ! Especially with going to school (college) full-time)
 

CourtClerk

Senior Member
You ought to stay in college (and hopefully, you're not going to law school).

How are you going to plead no contest, then go into this whole diatribe on how you're not guilty? :confused: By pleading no contest, you're pretty much pleading guilty. You're reaching.

By the way....officers are allowed to make clerical mistakes. Officers make mistakes too.... and the law recognizes this.
 
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mluscahas

Junior Member
Reaching, maybe. However look at it this way:

Question: Were you driving on a suspended license ?
Answer: Yes
Question: Was it on <date> at <time> <on road>
Answer: No
Answer: Due to the fact that you have brought false charges against me, that can be proven I move that you dismiss the case.
 

FlyingRon

Senior Member
Reaching, maybe. However look at it this way:

Question: Were you driving on a suspended license ?
Answer: Yes
Question: Was it on <date> at <time> <on road>
Answer: No
Answer: Due to the fact that you have brought false charges against me, that can be proven I move that you dismiss the case.

They'd never have to ask question #2. You've admitted your guilt with the first question. Besides. Even if you argue you were home in bed on the date actually on the ticket, the prosecutor is free to correct it in court to the actual time. Happens all the time (and not just on traffic offenses).
 

acmb05

Senior Member
What are the chances then of getting them to drop it to a No Op On person ticket ?
In Michigan? Slim to none.

I was arrested in Michigan 3 times for driving on a suspended because of a computer error that was the states fault. One time spend 4 days in jail over a holiday weekend. When they finally got it fixed you know what they did?

They let me go to the front of the line to get my license and apologized to me for the mixup. I was out over $1000.00 in fines because of it.
 
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