Can I fight a DUI charge? 5 Answers as of July 22, 2014

I was pulled over for fleeing the scene for running over a tree because I had a vehicle malfunction with the brakes and router. They pulled me over down the road I parked at McDonald's to check the truck out. I told the officer I had a couple beers. They made me do a sobriety test and I passed. Then they wanted the breathalyzer test done. I blew a 1.1 and when I got to jail I was at .08 . I plead guilty to fleeing the scene. How can I get a plea to reduce this since my court appointed attorney was denied and now I have to fight it myself. This is my first offense and what's the worst that could happen if I don't get it reduced and am convicted of the DUI? I live in Michigan.

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Cindy Mannon
Cindy Mannon | Cindy Mannon
Fleeing the scene has many different offenses. You can lose your license depending on what degree it is. Leaving the scene of a property accident does not make you lose license. You should have had a lawyer so they could try to deal one of the charges out, perhaps the fleeing the scene. An impaired driving will give you 4 points and you get a restricted license for 3 months. Perhaps probation, depending on court/judge. An attorney may be able to reduce the charge to reckless since you were a .08; however although it is not a drunk driving offense, it will be marked with a 3x which will mean that drinking was involved. You would lose your license completely for 90 days, which is why some of my clients prefer the impaired over a reckless, if they really have to drive for 3 months. A straight OWI gives you 6 points and no license for one month and then a restricted for 5 months again allowing you to drive to and from work and to probation, counseling, treatment, if you are on probation.
Answer Applies to: Michigan
Replied: 7/22/2014
Law Offices of Ezra N. Goldman
Law Offices of Ezra N. Goldman | Ezra Goldman
Are you asking if you can negotiate or if you have a legal basis to challenge all this? If you already pled, what is there to negotiate? And if you are asking what i think of your legal defense (to fight it) what is your legal defense? You haven't said it in this group of facts.
Answer Applies to: Michigan
Replied: 7/22/2014
Elhart & Horvath, P.C.
Elhart & Horvath, P.C. | Mattias Johnson
You can fight any charge, though the facts here seem to be against you. I am surprised that you would be denied a court appointed attorney in that typically you can be appointed an attorney anytime that any jail time is a possible sentence. Although it would likely not be any great amount of jail time, that is always a possibility for a DUI. More than likely you will be sentenced to fines, probation, community service, AA, PBT's, drug screens, and possibly classes. You will want to take this period of time very seriously to show the Court that this was a one time occurrence and that you learned your lesson.
Answer Applies to: Michigan
Replied: 7/22/2014
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
You need to hire an attorney now! This is serious, and hard to beat. You will not do it alone well. It your life!
Answer Applies to: Michigan
Replied: 7/22/2014
Michael Breczinski
Michael Breczinski | Michael Breczinski
The worst that can happen is that you end up in jail for up to 93 days and have a suspension of your license and increased insurance rates. You need a lawyer.
Answer Applies to: Michigan
Replied: 7/22/2014
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