First and only major mistake

[Bruce Wayne]

Hello I am a new member of the site and would like to see if anyone knows Michigan carry laws concerning DUI . I have look up the generic law but my situation has a bit of a twist.I took the class and did all requirements to have my CPL and was fortunate enough to be a responsible gun owner and carrier, until two days after my sisters death.I went out to have dinner with my cousin whom came all the way to northern MI. To my sisters funeral ,and since I hadn't seen my cousin in 29 years I wanted to take an evening to get away from the sadness for a night. Unfortunately my cousin had to work late so dinner was out and this is where my major mistake came in.We stop to talk at a local pub.I of course put my weapon in my briefcase in my trunk,then went in and made the worse mistake of my life.I had a few beers and upon departing the establishment I was pulled over and was put through the number of field tests givin by the officer.I was arrested for DUI and takin in till morning then released.during my booking the officer knowing the status of my weapon when I was pulled over,received a call from the other officer on site asking if I would be comfortable having my cousin take my weapon home " to my surprise,I of course said yes along with my brief case please.The officer was more than cordial and seemed as if he was not looking for someone like myself to pull over,and assured me this would be no more than a very expensive slap on the hands and went over my ticket with me.I was not ticketed at all over my weapon nor anything else to do with it,except it was written on my ticket that I had it and it was givin to my cousin .The state took my license (CPL )Also my attorney spoke with Prosecutor who said they never told state nor we're pursuing it due to my not being ticketed for it.we went to court this was my first offense ,nothing on my record at all ,clean at 52 years old .I paid everything did everything required of me and finished my probation.MY question is this ,after the 3 year penalty for the misdemeanor ,what chance have I to get my license back.? Sorry short story long

 

[Steon]

Why didn't you ask your attorney?

 

[chilipeppernorm]

Why didn't you ask your attorney?

Agreed, you're asking a legal question of laypersons (unless someone on the forum is an attorney and willing to give free legal advice over the Internet). DUI is a disqualified for those states I hold permits for, and I'm not sure how one can circumvent that prohibition without great cost and effort, sorry.

 

[Rhino]

Might have gotten better attention in the Michigan forum too. Some people deliberately monitor the forums for their states so they can answer state specific questions when they come up. I actually get an email notification whenever anyone posts in the Ohio forum.

 

[Rhino]

I'm not an expert on Michigan law but I do have experience researching and interpreting concealed carry law. This is what I get from the Michigan statutes.
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You were disqualified under Chapter 28, Section 28.425b of Michigan Compiled Law (MCL), specifically under paragraph (7)(i)(i).
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(i) The applicant has not been convicted of a misdemeanor violation of any of the following in the 3 years immediately preceding the date of application unless the misdemeanor violation is listed under subdivision (h):
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(i) Section 625 of the Michigan vehicle code, 1949 PA 300, MCL 257.625 (operating under the influence).​

Assuming the statutes/requirements do not change and your circumstances do not change, i.e. you don't move or get convicted of another crime, you will not need to meet any other requirement. Training certificates do not expire in Michigan, so your old one will still be valid if you still have it. I would personally recommend new training if the laws change though. You'll need new pictures, and of course the license fee.
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You can read the applicable statute at this link:
Michigan Legislature - Section 28.425b
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The dates for passage and updates of the statutes are at the bottom of the page. Going back to the page in three years and checking those dates will tell you if the law, and thus possibly the requirements, has changed between now and then.
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Again, I don't profess to be a Michigan law expert, but I had to research and interpret a lot of law to write my book, and this issue appears to be pretty straightforward. Good luck.

 

[topgun47]

Your attorney must not specialize in gun-related cases. If he did, he could have brought up to the arresting officers and the prosecutor the fact that the arresting officers encouraged your cousin to break Michigan law. Your cousin can not possess a handgun not registered to him unless he has a CPL.

This information may have caused the prosecutor to drop the charges against you so this wouldn't come up in court and cause embarrassment for the arresting cops.

 

[mappow]

Your attorney must not specialize in gun-related cases. If he did, he could have brought up to the arresting officers and the prosecutor the fact that the arresting officers encouraged your cousin to break Michigan law. Your cousin can not possess a handgun not registered to him unless he has a CPL.

This information may have caused the prosecutor to drop the charges against you so this wouldn't come up in court and cause embarrassment for the arresting cops.

Sounds like the "Shawshank Redemption" quote but if the holster fits....