Legal Question in Criminal Law in Michigan

Am I doing the right thing?

Recently I rolled my vehicle. The officer on the scene asked me to take a breath test and I agreed feeling I was in not position to say no. After being taken to the ER the officer told me he would be turning his report over to the magistrate and they would decide if they would press charges. He asked me if there was anyone he could call I told him to get a number from my phone. He did and when my friend arrived and the doctors said I was good to leave I was able to leave with him. The officer told me I would not be getting any ticket at that time and I would have my license fully until notice from the court. I received a Notice to Appear. This document was unsigned and did not detail what I was being charged with. I filed a Motion to Dismiss for lack of Due Process. No ruling was made on or before the court date. As I understood Michigan laws the MoA is not a Summons and Complaint and therefore I can appear in writing. Which I did. I received then a Motion to Show Cause. Again no ruling or word on my first motion. I filed a response to the Motion to (MoC)Show Cause. Stating I did not hear on my first motion and the second date set was not complying. I also filed an appeal. Am I close?


Asked on 7/30/08, 7:00 am

4 Answers from Attorneys
Timothy Klisz Klisz Law Office, PLLC

Re: Am I doing the right thing?

you are heading down the wrong path here, in my opinion. You were properly charged, your motion to dismiss will go no where, and now you have missed court dates. I would show up and work this out with the prosecutor, or hire competent counsel immediately before things go real bad. Contact me at www.kliszlaw.com to discuss further. Tim Klisz

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Answered on 7/30/08, 8:12 am

Re: Am I doing the right thing?

Your path in not correct but it is dangerous. (Why do you think that you're qualified to practice law?)

I recommend that you hire an experienced and aggressive attorney to help you fix this mess you've created for yourself.

For more information, go to:

www.WinDrunkDriving.com

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Answered on 7/30/08, 8:19 am
Audra Arndt Audra A. Arndt & Associates, PLLC

Re: Am I doing the right thing?

You should have appeared in court on the date on the Notice to Appear. You cannot have the matter dismissed due to lack of no progress - that simply doesn't make sense in this situation.

Filing an appeal is a waste of time. You simply need to appear in court on the date scheduled, find out what your charges are, and then hire a lawyer or request a public defender if you are being charged with something more than a civil infraction.

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Answered on 8/03/08, 1:48 am
William Morrison Action Defense Center

Re: Am I doing the right thing?

No, you have not done well. The reason you didn't get a ticket is that the officer went out for a warrant for your arrest. You then failed to appear.

The first thing you should do is contact the court to determine the amount of your bond on the bench warrant that may have issued for your failure to appear at your arraignment.

You are confusing civil with criminal procedure and you'd better pray for a judge with a good sense of humor. The Midland County prosecutor usually doesn't have one.

You are engaged in a do it to yourself project.

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Answered on 7/30/08, 8:40 pm


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