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  1. #1

    Default Terms of Probation for OWI

    My question involves criminal law for the state of: Michigan

    Toward the end of 2012, I was charged with operating while impaired (OWI) as a reduced charge plea from the Michigan Super Drunk
    charge. I was sentenced to 18 months of probation, outpatient counseling, an alcohol education class, and the Michigan Checkpointe
    Program - as well as paying court costs and fees.

    I have currently been on probation for about 5 months without touching a drop of alcohol nor missing and meetings or PBT's.

    My questions pertain to the following situation: I am a student in the state of Michigan, but my permanent residency is in another state.

    1) Can the state of Michigan force residency upon me due to my situation? I am on track to graduate in May and, before this OWI, I was
    planning on returning to my home state to search for employment - where my family is. I was told by my PO that the only way that they
    can commute my probation back "home" is to provide viable employment - bringing him a job offer, not a job opportunity. Once I graduate,
    am I allowed to return home to my permanent residency address? Wouldn't it be the same as if you were charged with a DUI in a state
    while on vacation?

    2) If my home state does not have an OWI charge, what will happen if my probation is commuted? Some answers I have gotten are that
    my home state can either terminate my probation due to the nature of the charge or continue it in conjuction with the state of Michigan.
    Either way, I assume responsibility for my actions and will do what needs to be done to correct my mistake. I am not, simply, trying to
    "get off" with it or "get away with a loophole in the system". I messed up and I understand that.

    3) Michigan requires a "Driver Responsibility Fee" for alcohol/drug related offenders in a two-consecutive-year phase. 1st year - $500, 2nd
    year - $500. If my probation is commuted to my home state, will I be required to pay the second tier of the fee, since I will no longer be
    "driving" in the state of Michigan?

    Any and all information would be greatly appreciated. Thank you!

  2. #2
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,376

    Default Re: OWI in Michigan - Probation

    You have residency in MI. You may have family ties in another state, but for te purpose of probation and the court, your residence is established in MI. Once you graduate, you may be able to return to your state via an Interstate Compact. That would be set up upon you finding employment.

    Your home state may not have OWI, but every statehas DUI, DWI, OWI or something to that effect. Therefore, the chane of having this probation terminated early is slim.

    The fees that you owe MI are expected to be paid regardless of where you live. It is part of the agreement that you signed.

  3. #3

    Default Re: OWI in Michigan - Probation

    Quote Quoting viol8te
    View Post
    You have residency in MI. You may have family ties in another state, but for te purpose of probation and the court, your residence is established in MI. Once you graduate, you may be able to return to your state via an Interstate Compact. That would be set up upon you finding employment.
    So, temporary residency in regards to being an out-of-state student at a university, even after graduation results in permanent residency? My driver's license, car license plates, and all insurance are out of my "home" state. I do not posses a Michigan driver's license, nor is my permanent address registered to this state.

    Also, the "agreement" that I "signed" does not stipulate anything regarding the "Driver Responsibility Fee" issued to me by the Secretary of State nor does it outline that I am required to pay. A letter I that I received says, "You have been charged with yadda-yadda-yadda, you must pay such and such amount".. yet, the court nor PO mentioned any such fee during/after sentencing.

    I brought up the fact that my "home" state does not have the charge because my family attorney back home laughed when I explained my charge. I was simply seeking third-party information.

  4. #4
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,376

    Default Re: OWI in Michigan - Probation

    At this point, all indicators of your residency regarding a home address for this offense leans towards your college address. If you want to go back home, you'll have to request an interstate compact. Your home state has something on the biiks regarding driving under the influence. Therefore, the court will not drop your probation in order to allow you to relaocate home. However, unless you get apporved for a compact, you can't go without absconding. You've maintained a residence in MI for over 6 months and now you have legal responsibilities to tend to there as well. Because of that, your desire to return to your original state is not high on MI's list. Because you have a current legal situation, MI wants assurance that you are not going to be a burden to the state that receives you. So, even if you can prove that you had all expectations of returning home after graduating, you now have the burden of owing the state of Michigan for an offense. Nothing automatic now. You borrowed your freedom for 18 months by signing that agreement.

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