Ishpeming, MI DUI and OWI Law Firms & Lawyers

Cops commonly lie and videos often are lost or accidentally deleted. The question that you are asking is how does it effect your case and what can you do about it. I would recommend contacting a local criminal defense attorney in your area to review the case with you. If you can show that the cop lied aka that the tag light was working correctly, you may be able to ultimately get your case dismissed.

On a first time DUI you are usually looking at the following penalties: 4 to 6 months license suspension, but you may be eligible for a restricted license (to and from school and/or work). If your blood alcohol level is above .20 then there is a 10 month restriction, as well as other enhancements for excessive alcohol. Fines from $390 to $1,000 plus penalty assessments and court costs which beings to the total to about $2,000.00. Your car may be impounded for up to 6 months. Up to 3 year optional ignition interlock device installed on your car. 96 hours to 6 months jail sentence, at least 48 hours of which must be continuance. If you have had a prior DUI within the preceding 10 years, it could be charged as felony with between 1 year and 3 year jail sentence. Depending on the County where the arrest occurred, generally a 1st time DUI offender, with a good attorney, will do little, if any, jail time. However, the defendant will need to jump through some hoops and will be on informal probation from 3 to 5 years. The courts usually order that the defendant pay a fine and penalty assessments which amounts to approximately $1,800.00 plus various other court costs and fees, and either community service or community labor. In addition the defendant must enroll and complete a DUI program. Some courts also require that the defendant participate in a HAM (Hospital and Morgue) Program, MADD (Mothers Against Drunk Driving) Program and have their license suspended. Some courts also require an interlocking device be placed on the Defendant's car, although they can, and sometimes do, defer this to DMV.

A subpoena is a court order directing you to appear in court and testify. If you do not, you could be held in contempt of court and a bench warrant could be issued for your arrest which ultimately could land you in jail for up to 93 days. You can tell the prosecutor that you do not want to testify and give the reasons why. It will be up to the prosecutor to determine if the case proceeds or if they still want you to testify. However, keep in mind that if you tell them you called in and lied to the police, you could be charged with a crime of filing a false police report.