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OWI in East Lansing Michigan

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bestj1

Junior Member
What is the name of your state (only U.S. law)? Michigan

Recently, I got married. My wife and I went to East Lansing, where we met, to celebrate. We went to some bars and I over estimated my sobriety. I was pulled over Thursday morning at 1:30 AM, and blew a 0.14. I was pulled over for a rolling stop pass a stop sign. I am wondering what my best option is. I cannot serve jail time as I may lose my job if that is the case. I am wondering what plea to enter as I need to go to my first court appearance as soon as possible. I have contacted lawyers and explained my case. The lawyers have said they will get back to me, but no calls back have happened yet. I am 30 years old, no legal history, no parking tickets no anything on my record. I am worried sick about these consequences. One night in jail was enough and am terrified of the further repercussions. Any help or advice would be greatly appreciated. Should I keep calling lawyers? Should I plead guilty and take the penalties? If I do am I going to jail? Thanks in advance for your advice...

JB
 


Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? Michigan

Recently, I got married. My wife and I went to East Lansing, where we met, to celebrate. We went to some bars and I over estimated my sobriety. I was pulled over Thursday morning at 1:30 AM, and blew a 0.14. I was pulled over for a rolling stop pass a stop sign. I am wondering what my best option is. I cannot serve jail time as I may lose my job if that is the case. I am wondering what plea to enter as I need to go to my first court appearance as soon as possible. I have contacted lawyers and explained my case. The lawyers have said they will get back to me, but no calls back have happened yet. I am 30 years old, no legal history, no parking tickets no anything on my record. I am worried sick about these consequences. One night in jail was enough and am terrified of the further repercussions. Any help or advice would be greatly appreciated. Should I keep calling lawyers? Should I plead guilty and take the penalties? If I do am I going to jail? Thanks in advance for your advice...

JB
Say goodbye to your driver's license though you might keep it for work purposes. You might have to spend a weekend in jail/rehab program. You will have fines to pay. Your insurance rates will skyrocket.
 

bestj1

Junior Member
So should I plead guilty? A lot if sites say for first time offense the penalties are kind if across the board, so it doesn't matter...should I get a lawyer or just plead guilty?
 

swalsh411

Senior Member
Please not guilty now and get an attorney. Just because you plead not guilty doesn't mean your attorney can't get a plea deal for you later. Do not plead anything but not guilty before retaining an attorney.

Also I suggest you google "first time michigan dui" so you don't waste time with an attorney going over the basics. Michigan is one of the worst states for first time dui penalties.
 

quincy

Senior Member
I agree that you should plead not guilty at your arraignment and seek out the help of an attorney in the East Lansing area who is experienced in alcohol-related offenses for your subsequent hearing. An attorney can work to get you the best possible outcome.

Having a conviction wreaks havoc on employment, insurance, driver's licenses, some professional licenses, loans, rentals, travel to Canada.

Many attorneys in the East Lansing area offer payment plans, if money is an issue. I strongly advise you have an attorney heading into court for, if not your first hearing, for your second scheduled hearing.

Good luck.
 
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princymelba

Junior Member
Minimum revocation of driving privileges for 1 year (2 years if driver is under age 21). If committed with a BAC of .16 or more — In addition to penalties or fines, mandatory minimum fine of $500 and mandatory minimum 100 hours of community service. This may vary from state to state.. Best is that you seek an attorney's help to do it in your favour..
 

quincy

Senior Member
Minimum revocation of driving privileges for 1 year (2 years if driver is under age 21). If committed with a BAC of .16 or more — In addition to penalties or fines, mandatory minimum fine of $500 and mandatory minimum 100 hours of community service. This may vary from state to state.. Best is that you seek an attorney's help to do it in your favour..
You are right about ONE thing, princymelba. What you wrote above "may vary from state to state."

AND, it fact, what you wrote varies A LOT from Michigan law.

So, given that, I recommend bestj1 totally ignore what you posted. It has absolutely no bearing on what he faces - from your minimums to your mandatories, ALL is incorrect.

Perhaps you can try a little bit harder next time to post information that has even a tiny bit of value? Thank you.
 
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Johnphebus

Junior Member
Always plead not guilty, and usually your first court date the judge will plead you not guilty himself. This is true in the Arizona court system anyway. I think it might be worth the money to find a lawyer and at least get your charge knocked down. If lawyers are not calling you back, that is their fault. I would keep searching until you find one that cares about your case and that will properly fight for you. Hope this helps.
 

TheGeekess

Keeper of the Kraken
Always plead not guilty, and usually your first court date the judge will plead you not guilty himself. This is true in the Arizona court system anyway. I think it might be worth the money to find a lawyer and at least get your charge knocked down. If lawyers are not calling you back, that is their fault. I would keep searching until you find one that cares about your case and that will properly fight for you. Hope this helps.
It does not help, since Arizona is NOT Michigan. :cool:
 

quincy

Senior Member
Michigan law on OWI: With a first offense there is no minimum mandatory jail term. For a first offense, 0.14% BAC, however, bestj1 could potentially face up to 93 days in jail with possible community service requirements of up to 360 hours. There is a license suspension with a restricted license after 30 days. The fine is between $100-$500.

A person 21 years and older can be charged with an OWI if they have a BAC of 0.08% or over. A "Super Drunk," where one has a BAC of 0.17% or higher, comes with the possibility of 180 days in jail.

With the help of an attorney in the East Lansing area who is well-versed in Michigan drinking/driving laws, there is the chance bestj1 could have his OWI reduced to a reckless driving charge or, depending on all facts and circumstances involved, could even have it reduced further or, again depending on the facts, dismissed entirely.

bestj1 could already have had his first appearance in court. If he pleaded not guilty, and he has not already had his subsequent hearing, he should be actively seeking the help of an attorney. There are a lot of attorneys in the East Lansing area who specialize in alcohol-related offenses.

The prosecutor may offer, or the attorney may be able to negotiate, a lesser charge and/or a lighter sentence. bestj1 probably cannot do this easily on his own, which is why the costs involved in hiring an attorney can be worth the expense.

For those in other states, the laws on alcohol-related offenses may, and probably will, differ. In fact, the way the laws are applied even differ from county to county and judge to judge in Michigan. See an attorney in your own area for advice and direction.
 

tranquility

Senior Member
What is the name of your state (only U.S. law)? Michigan

Recently, I got married. My wife and I went to East Lansing, where we met, to celebrate. We went to some bars and I over estimated my sobriety. I was pulled over Thursday morning at 1:30 AM, and blew a 0.14. I was pulled over for a rolling stop pass a stop sign. I am wondering what my best option is. I cannot serve jail time as I may lose my job if that is the case. I am wondering what plea to enter as I need to go to my first court appearance as soon as possible. I have contacted lawyers and explained my case. The lawyers have said they will get back to me, but no calls back have happened yet. I am 30 years old, no legal history, no parking tickets no anything on my record. I am worried sick about these consequences. One night in jail was enough and am terrified of the further repercussions. Any help or advice would be greatly appreciated. Should I keep calling lawyers? Should I plead guilty and take the penalties? If I do am I going to jail? Thanks in advance for your advice...

JB
Let me get this straight, you're calling lawyers who are not calling you back regarding a OWI case? Do they advertise expertise in OWI or criminal law? How long has it been since you called them?

I cannot understand an attorney not wanting to get money here. This is going to be a negotiation at best. I can't see there being a trial when you have obvious probable cause for the stop and such a high BAC, so, this is just going to be a court appearance by the attorney or two and some phone calls to the DA and some time in advising you in what you can expect and what you can do to start work on things that will look good for you. (Like attend alcohol classes.)

Keep calling. But, again, I wonder what you are asking. This is easy money for an attorney with any experience in OWI.
 

quincy

Senior Member
Let me get this straight, you're calling lawyers who are not calling you back regarding a OWI case? Do they advertise expertise in OWI or criminal law? How long has it been since you called them?

I cannot understand an attorney not wanting to get money here. This is going to be a negotiation at best. I can't see there being a trial when you have obvious probable cause for the stop and such a high BAC, so, this is just going to be a court appearance by the attorney or two and some phone calls to the DA and some time in advising you in what you can expect and what you can do to start work on things that will look good for you. (Like attend alcohol classes.)

Keep calling. But, again, I wonder what you are asking. This is easy money for an attorney with any experience in OWI.
In some counties in Michigan, attorneys often advise that their clients take their alcohol or drug offenses to trial. Some judges in a couple of counties in this state routinely order the maximum on drug or alcohol-related offenses otherwise. Ingham County, where East Lansing is located, is not one of those, though.

Like you, I question that an attorney has not given a call-back - although East Lansing is home to Michigan State University, often ranked tops in "party" schools (with all that that implies), and some attorneys who specialize in drug and alcohol offenses can get pretty busy. ;)
 

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