If you plead guilty to a drunk offense in Michigan, there is a possibly that your plea could carry an underlying civil lawsuit that has or may be filed. This is particularly true if the incident involved an accident, damage to property and/or injury or death to a person. Your plea could be used against you in a subsequent lawsuit.
If you've been arrested for a drunk driving offense in Michigan, speak to your attorney about the possibility of a Nolo Contendere otherwise known as a Michigan no-contest plea. The court and prosecution must agree to the defendant pleading no-content. The procedure for taking a no-contest plea is the same as for a plea of guilty except that the court may not question the defendant about participation in the crime and must state why a plea of no contest is appropriate (civil liability is one reason allowed by the court). The court will rely on police reports in order to find the defendant guilty. A no-contest plea has the very same affect as a plead of guilty, but could be very important to avoid civil liability. If you've been convicted of drunk driving in Michigan, you may have to pay restitution as part of your DUI penalties and sentence. Restitution might apply in a case where you as the drunk driver injured or killed someone, or caused damage to property.
- Under MCL 769.1A - the defendant may have to pay restitution to the victim due to defendant's course of conduct - Under MCL 771.2 - the defendant may have to pay restitution as a condition of probation - Under MCL 780.766 - the defendant may have to pay restitution under the Crime Victim's Rights Act, which provides for restitution of lost income tax deductions in death cases and interest and treble damages in cases involving serious impairment of a body function Depending on the facts of your case, restitution could be very expensive. A civil judgement does not go away, even through bankruptcy; under 11 USC 523(a)(9), a traffic-related judgment based on a drunk driving incident is not dischargeable at bankruptcy. As a defendant ordered to pay restitution, you are entitled to a restitution hearing to determine the proper amount. Your attorney can represent you, and you can call witnesses on behalf of your case. |
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