Legal Question in Criminal Law in Michigan
I got pulled over recently and got a ticket for driving on a suspended license. The officer informed me he would write the ticket as if it had been my first offense so I wouldn't have to go to jail because this would in fact be my fifth offense of driving on a suspended license. Does the officer have the ability to do that or was he joshing me?
1 Answer from Attorneys
Yes, the office has the discretion to write you up for DWLS 1st rather than DWLS 2nd. It's the same concept as the cop writing someone for speeding 5 over the speed limit when they were clocked on radar at 15-over. You could have been arrested for either DWLS level. Please note, however, that if the prosecutor is asked to review the charging decision, the prosecutor could issue a criminal complaint for DWLS 2nd or another charge that overrides the officer's ticket.
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