MSU Red Cedar Message Board

thats kinda my point, his friend may well have a solid legal case that should when in court but who lot of judges are really the unbiased observes and umpires that their jobs are supposed to be but they are proprietorial assistant and just think well fuck this guy he was drunk and we know it and were not gonna let things such as the bill of rights and due process and the rule of law get in our way of fucking him to the fullest extent of the law.

Solid legal case? The solid legal case is not to drive drunk. Isn't it?

The ACLU needs to step in and fight the fact DUI/DWI is nothing more than a cash cow for municipalities.

$5K to $10K in legal fees and court costs for a DUI is a joke when people who commit other crimes get off with much less and have their legal fees paid for with our dime.

SADD and MADD are so deep in our politicians pockets, this will never be corrected. Rapists will walk, but Joe Q. Public who has a few drinks after work, will have his life fucked up forever.

Just plain stupid.

Agree, if someone is a repeat offender or has a very high BAC it is one thing. Hell Ben Wallace had a Felony Gun Charge and that saved him from Jail, because he would have had Smalls from W. Bloomfield. It is a huge cash grab. MADD is a for profit company and guess what. If you get a OWI/DUI you pay for a MADD Impact panel class ( I think it was $75) and the 300+ person Auditorium was full. And the testing agencies have to pay the court a large portion of the fees they charge. That is another reason they have you testing 13 or 14 months after even though you have passed 5 times a week for over a year.

Don't forget the law in MI, where if you hada DUI in 1975, and get another one in 2012, the 1975 charge once again counts, and you are a habitual offender one step closer to a felony and jail time.

It used to be where the 1975 DUI charge fell off your record after 7 years.

How anyone can count a person who had a DUI at age 18 while in college with the same DUI 37 years later as strike two for a MISDEMEANOR offense is just plain absurd.

Our local and State government's should be ashamed of themselves.

Gomer. downvote. You are painting alot of people into a corner they never need to be in.

Would a third time arrested prostitute or wife beater face that same punishment?

They would be on the street the next day.

Drug dealers probably face less jail time.

I agree that it's insane getting higher fines and more jail time for a DUI than other, violent crimes is bad, but the rest I pretty much have to disagree.

Rapists hardly ever "walk". That's a bit dramatic. And DUI is one of the EASIEST crimes to prevent and has some of the most devastating consequences. There is no excuse for getting tanked and then getting into your car. None.

. I opened this thread wondering who Buddy was. As for what he should do, based on his BAC, he really does need a good attorney. Don't get the discount lawyer, but don't expect to have to get the most expensive, either. It might also help to find one who has experience as a prosecutor in the location where your friend got busted. They might have established relationships with current ADAs, which may help.

My take.
If florida has a high bac law in michigan he might be able to fight it.
.185 is a PBT, which is likely not admissible. The Datamaster is only .xx (2 digits not three) so thats what his BAC is in terms of evidence.
If there is a high bac law which is .16-.17 he may want to fight to be convicted of regular OWI, if the prosecutor is willing to reduce it to a OWI he might want to take it. Understanding there are going to be license issues with such a plea.
The alternative is to suggest to a jury or a judge that the instrument relied on is .10 wrong. Which is a lot.
When the reality is that someone who is a .18-.19 should not be driving.
Which suggest to me, that your buddy either had a lot to drink in one night, OR that he is a drinker- if he's stone sober doing those tests- he is jedi smooth. UofCAL did a study showing that .20ish, means your having trouble communicating to people in any coherent manner.

His goal now should be aiming for OWI or less. If he can get that and understand what his sentence might be he might not need an attorney- if he cant get there, or his probation might be less with a more "friendly" defense attorney, he may want to look into it.

Mine was lowered to OWI and I still served time. Of course I also didn't lose my license, half the Drivers Responsibility fees, and 4 pts instead of 7. I have no idea where the fines or court costs come from because I know people that got the DUI and paid less in Costs and Fines then my OWI.

But I agree he really should try and get it lowered to OWI. His best bet at this point is to start going to AA meetings and getting a sheet signed, find out what Alcohol Counseling he will be sent to and go before the court date and even take dailys PBTs before the Sentencing. This guy won't be drinking for a year more then likely so he might as well start now. And in some cases the judge might consider his proactive approach and give him a bit of a break. But he better now mess up on his probation.

This isn't just excellent advice, it's absolutely spot-on, at least if your friend's case were in MI and not FLA.

I know the judge I had, was known for not accepting plea agreements and then the Prosecutor had no say in the Sentence. It was a pre-screen with a Probation officer and in my case the Probation Officer recommended no jail time and the judge still gave me 22 days. This is W. Bloomfield though and they are known as the toughest around.