Legal Question in DUI Law in Michigan

Re: underage DUI, leaving scene of accident, fake id, refusing breathalizer

Greetings; You are in a lot of trouble. You will need a good attorney to represent you. The prosecutor CAN if they choose, charge you with the additional offenses that the police did not write up. The police are NOT required to read you miranda rights. However, they are required to read you other rights. The police do not have to see you driving to charge you with an OUIL. You have the right to have a jury decide if you drove while intoxicated. Moving the car in the lot IS driving. I doubt the pictures will be useful. Good luck. Atty. Trichler; www.trichler.com 616-457-5100

Re: underage DUI, leaving scene of accident, fake id, refusing breathalizer

First, the police can further investigate any criminal activity. If they wanted to pursue additional charges all they need to do is take it to the prosecuting attorney at any point before the statue of limitation, if applicable, bars them. Next, a huge fallacy most people have is that their Miranda rights attach immediately upon contact with the police. But, the U.S. Constitution states the police don't have to give you your Miranda rights unless you are in a custodial interrogation. Finally, I believe you have some major issues regarding your vehicle and OUIL. Please contact my office ASAP to schedule a free initial consultation to discuss the matter further. Toll Free (866) MICHDUI or www.michdui.com

Re: underage DUI, leaving scene of accident, fake id, refusing breathalizer

1. - Can they charge me with fleeing the scene if they didn�t write it on the original ticket? Yes, it depends on what the prosecutor or city attorney decides.

2. - Since they didn�t read me my rights, are any statements from me inadmissable? No, they are admissible in all likelihood.

2A - If they�re not admissible, then would they have had reason to give me a PBT? It is the totality of the circumstances that allows the officer to request a PBT; however, the standard is a very low standard.

3. - Since I just re-parked the car and could I have had no intention of driving on the public street, and the police never saw me driving, can they even give me an OUIL? Yes, although they do need a witness to your driving. Michigan Law allows you to be charged if you are �operating� a motor vehicle in �a place open to the public�.

4. - Can the pictures help me at all? Hard to tell. I would have to look at the pictures. You really should contact an attorney to discuss the details of your case, the options available to you, and the likely range of fees. Feel free to contact my office if you wish. Defending drinking drivers is one of my specialities. I even give seminars to other attorneys on how to handle these cases.

John C. Talpos

(248) 743-6800

(http://www.mich.com)