Legal Question in Traffic Law in Michigan
DWLS on Private Property
Several months ago I was sleeping in my vehicle on private property in a field. The police came and woke me up in my vehicle at gun point, and asked me what I was doing there because the owner of the property had reported trespassing. I told them that I was waiting for my boss to come pick me up for work. My drivers license is currently suspended and there was an improper plate on the vehicle. The police questioned me and detained me in the back of the police car, while they searched me vehicle. They asked if I knew my drivers license was suspended and that I was not supposed to drive, which I told them ''yes, I'm aware of that''....after some time, they then told me that I was free to go, and called a wrecker and towed my vehicle. No arrest was made nor citations issued at the time. Several months later, I received a ''notice to appear'' in the mail, and was recently arraigned on DWLS 2nd offense and Improper Plates/Registration.
My question is: How can I be charged of DWLS as I was not operating a motor vehicle on a public road, nor accessible to the general public ? (I was on private property, much less, the vehicle was not running, nor was I driving it at the time) Can they assume I had been driving it on the road ?
2 Answers from Attorneys
Re: DWLS on Private Property
Hello, I have received a copy of your question about the DWLS charge. I agree with you that it seems improper. Much will depend on which agency (municipality or county) handles the prosecution. I suggest that you consult with a local attorney to get more specific information. John C. Talpos (http://www.Mich-Lawyer.com)(248) 743-6800
Re: DWLS on Private Property
It sounds to me that you have a great defense. I would consult with an attorney before you do anything. Please feel free to call my office for a free initial consultation. Eric I. Kutinsky, Esq. http://www.michigan-ouil.com (866)MichOuil
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