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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88775
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I have a disorderly citation and vehicle after dark citation

Customer Question

I have a disorderly citation and vehicle after dark citation code MCL 1236.66. I will get a lawyer but this is my first offense, I was not intoxicated. The officer said to make a court date but he was not taking us in to get finger printed or anything and wrote it as a misdemeanor. What can I expect to happen? I have no record.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

What you can expect to happen is you can first deny being drunk and ask the prosecutor for a dismissal. Sometimes, in these cases the officer does not show up and the prosecutor will simply dismiss the case because it is not worth their time to fight over. The other thing that can happen if this is a first offense is they will offer you a fine and a deferred prosecution and if you have no other cases in 6 months or 12 months, your case will be dismissed. It is very rare they will push this for a misdemeanor conviction to be on your record, it is too minor and they have more important things to fight.



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Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88775
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 4 other Legal Specialists are ready to help you
Customer: replied 1 year ago.


One more question. The code says MCL 123.66 UPR does the UPR mean anything? Also there is a note see attached report but I didn't get an attached report, can I be charged with more than what he wrote on the citation and not know about it?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

Do you have the right code, because the code you have given makes no sense at all, it has to do with Park Supervisors, see: MCL 123.66.
Customer: replied 1 year ago.


Yes I have looked it over it has that code for parks and services then has #1 UPR vehicle in park after hours and #2 UPR disorderly both say misdemeanor. Thank you for your time


 

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you, UPR stands for Uniform Park Rules, and the MCL states that the director of parks can make rules for the parks. Thus, they cite the MCL stating the director makes rules and then that you violated the Uniform Park Rules.

Generally, the prosecutors will make a deal on these cases and will either dismiss or give you a deferred adjudication and after paying the fine will dismiss the charges and you can get them removed from your record by filing a motion to expunge.
Customer: replied 1 year ago.


Thank you. Do I need to worry about the note that says see attached report? I just don't want to be blindsided, does the officer have to disclose what I am being charged with? Is it possible the see attached report is something unrelated?


Also, if I have a deferred prosecution and stay out of trouble for the 6 months I know it can be expunged from record, but, does it go on record immediately or can I pay the fine and have it off my record immediately.


Thank You


 

Expert:  Law Educator, Esq. replied 1 year ago.
When you get to court you are entitled, or your attorney is entitled, to review the report before trial or entry of any plea and you should do this when you get to court. The report is likely going to describe how he saw you and what you were doing that led to him charging you.

If you have a deferred adjudication, it shows on your record as an "open" charge until you complete the time and it is dismissed. It is up to the prosecutor as to whether they will make you wait 6 months or allow the immediate dismissal on paying the fine.
Customer: replied 1 year ago.


Thank you very much. Should I be worried about the report? I guess I am uneasy not knowing what it says. As far as misdemeanors go can you give me an example of the worst that can happen as well as the probability of what will happen? Thank you again, just a little nervous.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

No you should not be worried about the report, it is just describing what led the officer to issue the citation. It just is his recitation of the facts.

The worst that could happen is you could be sentenced up to 12 months in jail for the misdemeanors. What is going to happen more likely than not is exactly what I told you in the previous answers. There will likely be a fine of between $100-$250 and a dismissal and that will be it. I know you are nervous, but if they jailed everyone charged with these minor offenses, there would be more people in jail than living in the Detroit metro area.

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