Legal Question in Personal Injury in Michigan

My son is good man yet over the course of 3 years has caught 'brown bottle fever'. Its now very clear to him - having spoken to him but one time in 2 weeks (due to his incarceration while awaiting pre-trial) that he has crossed the line regarding drinking. He has sobered up remarkably from this fortunate situation which left no one damaged physically as a result of being cut-off from a local watering hole (no cab called) his blacking-out from over consumption and in zero temps attempting to walk home until he found a parked car (come to find out having no plates nor insured) with the keys in the ignition which he got into and drove toward home but never made it... because due to road conditions slid off the road and rolled the vehicle (value $1000 which since the owner has cashed in for 200 bucks at the scrap yard less than a week after the incident). Which then he left - on the side of the road and was discovered walking away from by a passing motorist which happened to be a state trooper. He and I are very close and I've watched booze creep up on him in a few short years. He knows he has issues that need to be resolved and booze isn't the answer. This was his wake up call. However, a wake up call is nice but what can be done now. The court appointed attorney will meet with him for 5 minutes before pre-trial and since Andrew doesn't recall anything how can he plea guilty. The bar (who is loosely partners with the State that grants its license) is negligent and I feel as well the kid who left his keys in the non-registered vehicle is as well. He was already arraigned before a Magistrate [ as the Judge was on vacation and would not be back in the 14 day due process period and so he was made to sign a wavier - saying "made" because the fear of not cutting the Judge slack is held over every head that has the similar option]. His pre-trial is Jan 3rd. The charges are UDAA (Similar to GTA) 'Fleeing', and he blew 0.277. Which is now some more sever DUI styled charge. He's never been in one ounce of trouble in his life... nor has he one moving violation. In fact he used to bartend and took many people home after work to make sure they made it home safely. He always called a cab and paid the fare if need be. So what can be done for Andrew is my question.


Asked on 12/25/10, 6:56 pm

1 Answer from Attorneys
Shelly Schellenberg MI & FL private practice

Your son needs a criminal attorney. If he cannot afford an attorney, one will be appointed for him. If he hasn't already contacted the local AA, he should have. He will have an opportunity to sober up if he is sent to jail. When he gets out, he will have an opportunity to stay sober. The state has many programs that help and encourage people to stay sober and/or stay off the road when drinking.

What can be "done for" Andrew? Nothing, Andrew is going to have to do this for himself. Neither the state nor his relatives can keep his hands off the bottle if he insists on drinking. The only thing that the state can "do" is to keep putting him in jail, when he gets himself into trouble. The state is not able to "force" sobriety, but can order him into treatment and counseling. What he decides to do after that, is up to him.

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Answered on 1/01/11, 7:48 am


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