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  1. #1
    Join Date
    Sep 2009
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    1

    Default Law School Student Charged With Drunk Driving

    My question involves criminal law for the state of: Michigan

    Hi all,

    I'm currently a resident of the state of Michigan. On Saturday night I was picked up for an OWI at 5 AM. This was a highly culpable incident...I have virtually no recollection of the arrest due to my stupid decision to do a reckless amount of shots while knowing that I was on antidepressants that have historically caused me to black out when intoxicated. I was arrested going the wrong way, taken to jail, and held until 10pm the next evening; I also feel like I was roughed up quite a bit (and other people in the cell with me stated that I was choked and hit a few times after minor resistance...this is immaterial though, I'm not going to come forward about this...if I was a cop and picked me up in the condition I was in going the wrong way I'd knock me around a bit too). The point of the details is that I'm not going to be able to contest the charges in any effective manner; I don't even remember the circumstances leading up to the incident. I didn't even have my car with me when I went to the party I was at; I can only assume from piecing things together that I got my car to go to a Mcdonalds a couple blocks away (they don't allow walking through the drivethrough). Either way, there's no excuse...it was a reckless and intentional decision, not a mistake, and I take full responsibility for my actions.

    I have a prior alcohol related offense...approximately 11 years ago, I was arrested and charged with reckless driving (I believe). My attorney managed to get me Youthful Trainee status, which suspended conviction during a 3 year probationary period, after which the charges were (I believe) dropped. Because of this, I don't believe this will be a matter of record in the court process.

    I just completed my first term of law school; I received a 4.0 and also was given an RA position, ironically for crim law. I'm a scholarship student, and am extremely worried about what this incident will mean both for my academic and professional career.

    My question, then, relates to my earlier statement that I can't effectively dispute the charges. I have virtually no financial resources, so I can't really hire an attorney, but I am trying to find a way to communicate with the prosecutor prior to my first appearance (scheduled next Tuesday). Due to the recklessness of my actions, I doubt I'll be able to arrange a plea down, but I want to communicate my situation and my remorse, and basically do everything in my power to take responsibility for my act while still taking steps to minimize the impact this will have on my future. I'm considering approaching my professors for letters of recommendation, but am uncertain as to whether this is a good idea...I don't want to seem like I'm trying to curry favor due to my choice of profession.

    Would I be well served by attempting to communicate with the prosecutor prior to the arraignment (or first appearance...I'm assuming it's the arraignment...haven't taken crim pro yet!)? Would it be viewed as avoiding accountability if I pled not guilty just to gain more time to research things? I want to effectively communicate that this act was the result of poor judgment and not a reflection of my character and fitness both as a prospective attorney and as an everyday citizen.

    I've tried calling an attorney I was referred to, but I'm hesitant to set up a meeting...I literally have no financial resources until the end of the month, at which time I receive my financial aid and RA stipend, but even that is going to be just barely enough to get me through the term absent court and attorney fees.

    Any information would be greatly appreciated. I feel absolutely terrible about what happened, and want to use it as a positive turning point.

    Edit: I should add that the police report says I was resistive, and that a breath test was not given. When I woke up in jail, however, I had obviously had a blood test, and it's checked off on the police report. The attendant corrections officers, when I was released, said "you seem like a really nice guy...you shouldn't drink, you were out of control last night"; I'm not sure if this means I was resistive at the holding facility, or if they reasonably were referring to driving the wrong way and placing other people's lives in danger (my sister just had her first, and I can't stop thinking about the fact that a family like theirs could have been on the road when I was driving). I'm assuming the BAC is off the charts...I went out for a friends birthday party (leaving the car at home), left the bars with them at 2am and walked to a party, where I drank for another couple hours before apparently deciding to get my car...I wasn't released until the following evening at around 10pm when my BAC dropped below .05. This is probably a lot of superfluous detail, but I just don't want to leave anything out...I've barely been able to sleep since this happened. I just thank god school is back in, or I'd obsess about this 24 hours a day.

  2. #2
    Join Date
    Sep 2009
    Posts
    337

    Default Re: Law School Student Charged With Drunk Driving

    If you have no financial resources the Judge will probably appoint a Public Defender. It would probably be best to let them do the talking.

    Food for thought. If there was no "death or great bodily injury", I do not believe they can take your blood without you consent. Where I live, that consent has to be in writing

    Roger

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Law School Student Charged With Drunk Driving

    Quote Quoting JOSHUAACE2
    View Post

    Food for thought. If there was no "death or great bodily injury", I do not believe they can take your blood without you consent. Where I live, that consent has to be in writing

    r
    to be more precise, they cannot take blood without either consent, a warrant, or if the blood was drawn for necessary medical purposes (which can be tested to alcohol).

    take note, OP stated this:

    I have virtually no recollection of the arrest due
    So, did he give consent?

    also states this:

    a reckless amount of shots while knowing that I was on antidepressants that have historically caused me to black out when intoxicated.
    did the OP "black-out" after which there was medical assistance requested that did draw blood, very likely for a drug test to determine if the OP was in danger of dying?

    It seems the OP has no idea what happened so the best thing he can do is hire an attorney (or let the state appoint one) to investigate the possibility of an improper blood draw.

    also note that if the OP refused a BAC test, the sec't of state will impose a license suspension of 1 year regardless of the outcome of any subsequent action regarding the OWI. I believe there is a $1000 "fee" due each year for the next two years due when he renews his vehicle registration.

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