Legal Question in DUI Law in Michigan

dwii-michigan

my son arrested for dwi in michigan, found guilty, paid his court fines, served 43 days jailtime, and license was immediately reinstated by Oceana County. This in 12/04. In October 2005 he moved to Colorado, obtained a Colorado license as his Michigan license was NOT suspended at this time. He never received notice from Michigan of any addl fines or that license was suspended. He has moved to Florida, went to get a license and they refused saying in 2006 Michigan suspended his license. This 2 years after his arrest for something he has done once in his 33 years, and has not taken a drink since. Colorado ran a MVR and nothing on it in 2005, which is why he rec'd valid license. Can Michigan suspend more than 18 months after the infraction? They say he owes an add'l year of the personal responsibility fine, which he was NEVER informed of the fine to begin with.


Asked on 7/26/08, 11:25 am

2 Answers from Attorneys

Audra Arndt Audra A. Arndt & Associates, PLLC

Re: dwii-michigan

To properly straighten this out or get to the bottom of it, a lawyer would have to review all of your son's court records, driving history, correspondence from the SOS, etc., to determine if the fine is proper or what went wrong. You don't know for sure he was "never informed" of the fine. And perhaps he was, and due to all of his moving, didn't receive the notice for not notifying the court and the SOS of his change of address.

I suggest that he simply pay the fine, if you can't get an answer from the SOS, and get his license reinstated, as retaining lawyer would cost more than just paying the fine.

He should first confirm with the SOS EXACTLY WHAT HE NEEDS TO DO, and the exact amount of the outstanding fines, before paying it, so he can be done with it once and for all.

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Answered on 7/27/08, 2:29 am
William Morrison Action Defense Center

Re: dwii-michigan

Why is your 33 year old son not sticking up for himself? A son usually tells his parents exactly what he wants them to hear.

Nobody, but nobody spends 43 days in jail for a simple first offense drunk driving in Michigan unless he's dirt poor.

"Nobody told me" is a lame defense. He won't get his Michigan license until he pays his responsibility fees.

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Answered on 7/26/08, 1:11 pm


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