Legal Question in DUI Law in Michigan

Ticket for DWI & Careless Driving is this Double-Jeopardy?

In Oct of 2004 I received a DWI and my drivers license was suspended. Last week I stayed at a private resort and drove the 3/4 miles to a bar located at resort. On the return trip I hit some ice and slid into a tree. Myself and passenger started walking to our room and security stopped. They called an ambulance, when the ambulance arrived so did the police. Myself and my passenger were both giving a PBT and I blew a .16.The officers then followed the ambulance to the hospital but did not ticket me at that time. The hospital took blood as is standard procedure, however to my knowledge the officers never asked for a sample. Yesterday I received a misdemeanor ticket to appear in court with the following charges listed; DWI, Careless Driving & No Proof of Insurance. My question is this: Should I plead Not Guilty to the DWI (misdemeanor) and guilty to the Careless Driving (civil infraction) and no Proof of Insurance? Wouldn't it otherwise be Double Jeopardy? I was not ticketed for driving on a suspended license. I assume this is because I was on private property but Iím not sure. I am hoping you could advise me as to my best course of action as I will have to enter a plea on theses charges. Thank you so much for any help you can give.

Asked on 1/29/05, 8:39 pm

2 Answers from Attorneys

Jeffrey Buehner Jeffrey Buehner, PLLC

Re: Ticket for DWI & Careless Driving is this Double-Jeopardy?

Double jeopardy is not at issue in your case, however, there may be other legal issues which should be raised with the court based upon the facts you have provided. What you should do is retain a lawyer. All of the relevant issues you described are legal in nature. You need a lawyer to properly analyze and address these issues.

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Answered on 1/29/05, 9:28 pm

Jesse Sweeney Sweeney Law Offices, P.L.L.C.

PLEAD NOT GUILTY on all three

You absolutely, unconditionally MUST hire representation for this 2nd charge. You are almost certainly facing jail time, and it is important to hire an attorney to search for defects and/or defense. Feel free to call me for a free consultation on this - 1-888-31-SWEENEY.

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Answered on 1/29/05, 9:48 pm

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