Do you know that even if you are convicted of a DUI, or your license is suspended because you refused a chemical test, you can still keep your license if you appeal. “Many-people-are-not-advised-on-the-hidden-nuggets-in-the-law-that-can-help-them-when-it-seems-desperate-and-hope-is-lost” said OWI-DUI-OUIL-expert-Karen-Phillips. Phillips added, “there are provisions of the statute that governs the Michigan Secretary of State as well as license suspensions and appeals that allow for the circuit court in the county in which your case arose to block the Secretary of State from imposing a suspension so you can appeal.”
Phillips, a Lansing-OWI-DUI-OUIL lawyer and member of the National-College-of-DUI-Defense, recent won a motion from a Lansing-area circuit judge, who ruled that the Secretary of State may not enforce the injunction while the appeal is pending. “It only makes sense because it preserves the status quo. If the accused citizen eventually wins a new trial and is acquitted, the remedy to her will be meaningless because the license suspension will mean she was already punished,” added Phillips.
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