Legal Question in Criminal Law in Michigan

I was stopped for driving on a suspended license three days before I was sentenced for the DUI it was suspended for. Can this e a probation violation? Or am I okay, since I wasn't on probation at time of offense? Thank you!

Asked on 10/07/12, 11:21 am

2 Answers from Attorneys

Neil O'Brien Eaton County Chief Assistant Prosecuting Attorney

The secretary of state controls when you are suspended. You should order a copy of your driving record from the Secretary of State and heave an attorney review it with you. A conviction for OWI enters when you plead, not when you are sentenced, and when you plead to OWI the court informs the SOS of this electronically. At that point the SOS issues the suspension and mails out notice to your last known address. The DWLS act would not be a probation violation because you had not been on probation yet, but it could have been a bond violation depending on what do's/don't's were listed on your bond. Also, the judge sentencing you for the OWI can factor in your DWLS behavior when fashioning an appropriate sentence.

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Answered on 10/08/12, 5:08 am

William Morrison Action Defense Center

You have a bond violation, not a probation violation. For you, it's a difference without a distinction as far as your future punishment is concerned.

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Answered on 10/08/12, 2:23 pm

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