Legal Question in Civil Litigation in Michigan

An EX-boyfriend got a dui while driving my car and now ive been told the court is going to put a 90 day boot on my car. How do i fight this


Asked on 6/13/13, 11:37 am

1 Answer from Attorneys

Christopher Brown Brown & Associates, Legal Services, PLLC

It depends whether your ex-boyfriend has an ownership or lessee interest in the vehicle OR you knowingly allowed him to operate the vehicle while under the influence of alcohol. Were you in the car with him during the arrest ? make an admission to an officer etc. Locate my contact information on this site to discuss. See the below information (not legal advice).

For some convictions, section 904d of the Michigan Vehicle Code [the Code; MCL 257.904d] requires the court to order the immobilization of the vehicle driven during the violation. The maximum length of immobilization, and whether there is a minimum length, depends on the type of conviction and whether there are prior convictions.

Immobilization is required if the "defendant is the owner, co-owner, lessee, or co-lessee of the vehicle operated during the violation." [Section 904d(4)(a)]

If the defendant does not have an ownership interest in the vehicle, immobilization is permitted if the "owner, co-owner, lessee, or co-lessee knowingly allowed" the offender to operate the vehicle when the driver was drunk or drugged, or when the offender's driver license was suspended, revoked, or denied, or when the offender had never applied for a driver license. This provision applies even if the offender is not convicted. [Section 904d(4)(b)]

Read more
Answered on 6/13/13, 5:50 pm


Related Questions & Answers

More General Civil Litigation questions and answers in Michigan