Michigan Criminal Lawyers Blog

In November of 2012, an accident occurred in Geneva Township on County Road 388 which resulted in the deaths of three people. David Johnson, the alleged drunken driver who is said to have caused the crash, recently pleaded guilty to one count of second-degree murder, and one count of operating a motor vehicle while intoxicated causing death. As part of his plea agreement, Johnson will now spend a minimum of 19 1/2 years in prison, according to a news article at Mlive.com.

Killed in the crash which occurred when Johnson collided head-on with the victim's vehicle were 24-year-old Brittney King, 4-year-old Cassadi Berryhill, and 2-year-old Kandice Berryhill. Johnson's BAC was found to be 0.32 percent at the time of the crash, which is four times the legal limit in Michigan for driving.

Johnson originally faced charges which included two counts each of second-degree murder and OWI causing death, one count of driving while license suspended causing serious injury, and three counts of driving while license suspended causing death. These charges are to be dismissed at Johnson's sentencing in April in Van Buren County Circuit Court, according to Prosecutor Mike Bedford.

In question at Johnson's December probable-cause hearing was whether some evidence would be admitted in the case, including a toxicology report which indicated that Brittney King had high levels of a narcotic pain reliever and heroin in her system when the crash took place. Additionally, the two children were not properly restrained in child seats at the time of the crash. A Michigan State Police crash reconstructionist testified at the probable-cause hearing that had the two children been properly restrained, the two little girls likely would have survived the crash.

Johnson is scheduled to be sentenced on April 9 in front of Circuit Judge Kathleen M. Brickley.

Michigan second degree murder attorneys know the serious criminal penalties individuals convicted of this offense face; the courts have the discretion to sentence an individual to any number of years to life in prison for second-degree murder.

Continue reading "Drunken Driver Pleads Guilty to Murder Charge Related to 2012 Crash in Geneva Township That Took Three Lives" »

James "Jimmy" Franklin Williams, a 16-year-old Huron Township High School junior, died in an accident on Sunday evening November 18 as he and his family headed to Florida on vacation. The family was planning to cruise to the Bahamas; in all, there were 7 people in the vehicle that ultimately crashed in Fairfield County, S.C. on Interstate 77.

Another man has since been charged with driving under the influence. The Williams family was driving a Dodge Durango en route to Florida when a 2000 Saturn struck their vehicle. It was driven by 34-year-old Ricky Lance Deel of Beaufort. Deel was charged with felony DUI.

News reports state that Williams was one of the most popular students at Huron Township High School, and that he was a football player; he was ejected from the Durango when the crash took place.

Williams' mother, father, and siblings were also injured in the crash, as was a recent graduate of Huron High School, Shannon Henry. Williams' father underwent surgery after suffering serious head injuries in the crash.

Deel was transported to the Fairfield County Detention Center following his arrest, where he remained in custody on Monday.

Michigan criminal defense lawyers know that a felony DUI is serious; those convicted may face as many as 5 years in prison, and have their driver's license suspended with no chance of obtaining even a restricted license for five years. However, in cases such as the above where the defendant may be facing additional charges of vehicular assault or manslaughter, the penalties will be much more severe. If convicted, individuals face up to 15 years in prison for DUI causing death under Michigan law.

Continue reading "Family Vacation Ends in Tragedy for Huron High School Teen; Crash Likely Caused by Drunk Driver" »

On Tuesday, September 25th, state Representative Bob Genetski, R-Saugatuck, was convicted on charges of drunk driving for an incident that took place in January of this year. On January 19th, Genetski was arrested after failing a field sobriety test by a Michigan State University police officer. News reports state that Genetski's blood-alcohol level was 0.08% 90 minutes after he was arrested.

Genetski was charged with misdemeanor drunk driving. Typical penalties for this charge are a $500 fine, jail time of as much as 93 days, and up to 360 hours of community service. In most cases, those convicted on a first-time offense do not spend time in jail. In Genetski's case, his driver's license was suspended in March by the Secretary of State because Genetski allegedly refused a Breathalyzer test. However, Genetski was granted driving privileges for court and work purposes by Ingham Circuit Judge William Collette.

According to newspaper reports, Genetski sat without expression as jurors were polled by the judge following deliberation. All six jurors replied "guilty" to charges of operating while intoxicated.

Mike Nichols, Genetski's attorney, told reporters that he expects the sentencing hearing to take place sometime in the next 30 to 45 days. Genetski will face election in just a few weeks; it is anyone's guess what the impact of his conviction will be to his career.

While it's true no one wants to spend time in jail after being convicted on drunk driving charges, having a driver's license suspended, even though it may seem minor, can be truly devastating to your everyday life. While you may be allowed to drive on a limited basis (to work, school, etc.), you don't realize how essential to your life having the right to drive anywhere you like is, until you lose it. Many people have their licenses suspended or revoked every day, often related to traffic offenses such as DUI, speeding, reckless driving, etc.

Continue reading "Michigan State Rep. Bob Genetski Convicted on Charge of Drunk Driving" »

While DUI deaths and arrests have decreased over the past couple of years, penalties have increased in Michigan, meaning those who are convicted on charges of driving under the influence face harsher consequences. In 2011, over 37,000 arrests were made related to motorists driving under the influence of alcohol. This was down about 20% from the nearly 46,000 recorded by state police in 2010.

In October of 2010, a new Michigan law was enforced that means "super" stiff fines and penalties for those who test at 0.17 or higher blood alcohol content levels. Because of the new law, those who are considered "super drunk" and who are first-time offenders may face fines that range in the thousands. Other penalties that apply include mandatory alcohol treatment, increased jail time and 45 days during which you cannot drive. Even to have your driving rights reinstated after the 45 day time period, you must have an ignition interlock device installed in your vehicle.

In Michigan, 0.08 is still the benchmark for being considered legally drunk. The "super drunk" law does not apply to repeat offenders or individuals who face felony charges due to causing injury, damage or death as a result of drunk driving.

While it is clear that the number of DUI arrests has dropped since 2010, law enforcement agencies across Michigan are still highly concerned about the number of motorists who get behind the wheel after consuming alcohol. While statistically the numbers are decreasing, Utica Police Chief Dave Faber stated in a news report that he doesn't see the number of arrests coming down at all. In fact, Faber said that in 2011, each of his 13 officers recorded 15 DUI arrests on average.

Continue reading "DUI Arrests and Related Deaths Decline in Metro Detroit, However Penalties Increase" »

Late in August a Ferndale police officer was struck by an SUV during an incident in which officers were attempting to break up a crowd at the corner of Woodward and E. Breckenridge. Aimee Sturm, the 33-year-old female driver of the SUV, has been charged with Operating While Intoxicated.

The police officer who sustained injuries was crossing Breckenridge according to police, when a Dodge Durango drove straight toward him after turning from northbound Woodward on to eastbound Breckenridge. According to news reports, the officer yelled for the driver of the SUV to stop, and was signaling with his hands. The SUV continued on, apparently ignoring the officer's signals, and drove into a parking lot after striking the officer.

When the SUV was finally stopped, police say that Sturm did not seem to realize that she had hit someone. After administering a breath test, police determined that Sturm's blood alcohol level was .21. The officer who was struck sustained minor injuries; he was treated at a local hospital and released. Sturm has been arraigned on the OWI charges and bond was set at $750.

The incident took place around 2 a.m. on August 25th as Ferndale police officers responded to a disturbance in the area.

Driving while intoxicated (DWI) and driving under the influence (DUI) are considered criminal offenses in Michigan. More and more, states across the nation are cracking down hard on those who choose to consume alcohol before getting behind the wheel. However, Michigan criminal defense lawyers know that we are all human, and we all make mistakes. Without aggressive legal representation, individuals convicted of these types of offenses may face stiff monetary fines, jail time, driver's license suspension and more.

Continue reading "Ferndale Police Officer Struck by Suspected Drunk Motorist" »

A northern Detroit suburb was the scene in which a bicyclist was allegedly killed after being struck by a suspected drunk driver. Andrew Macielak, a 51-year-old Warren resident, was injured when he was struck by a male driver on Monday around 8:30 p.m. The driver of the vehicle, 47-year-old Kittisak Clayphotong, fled the scene and was later apprehended by police. Macielak died at the scene after police arrived.

News reports state that police in southeastern Michigan suspected that the driver of the vehicle had been drinking prior to the accident. After Clayphotong fled the scene, police found him nearby. Warren Police Commissioner Jere Green said that the suspect was charged with failure to stop at the scene of an accident and operating a vehicle while intoxicated, causing death. After being arraigned on the charges in Warren's 37th District Court, a judge set Clayphotong's bond at $20,000 for each charge. Both are 15-year felonies. Clayphotong pleaded not guilty to the charges.

Clayphotong, a Flint resident, was allegedly traveling at a high rate of speed on Ryan Road south of 14 Mile when he crashed into Macielak's bicycle, resulting in the victim's fatal injuries. Police apprehended the suspect at a nearby 7-Eleven where he had blown a tire and then attempted to flee on foot.

Michigan criminal defense lawyers know that a charge of operating while intoxicated is serious, but when an individual loses his/her life as a result the penalties become much more severe. A first offense OWI is usually charged as a misdemeanor, and incurs penalties that include up to 93 days in jail, community service, fines of $100-$500 and a 30-day license suspension followed by 150 days restriction. When the death of another person occurs as a result of operating while intoxicated, a first offense is considered a felony. If convicted, an individual will face jail time of up to 15 years, fines of $2,500-$10,000 and a revocation of his/her driver's license for a minimum of one year.

Continue reading "Warren Bicyclist Allegedly Killed by Suspected Drunk Driver" »

Many times people arrested for drunk driving make the mistake of not fighting back. A recent 6th Circuit Court of Appeals (which includes Michigan) driving under the influence case shows just how important it is to challenge police officer conduct.

In Green v. Throckmorton, a woman - Catrena Green - was pulled over by a state trooper for failing to dim her high beams in the face of oncoming traffic. During the ensuing traffic stop, Green was arrested for driving under the influence of drugs or alcohol. The officer arrested her based on her responses to a series of field sobriety tests.

Unfortunately field sobriety tests are very subjective and whether you pass or fail is often based on an individual police officer's opinion. This means every DUI arrest is the decision of the police officers at the scene. The results of the field sobriety tests may vary widely, and every test is open to scrutiny. If you have been pulled over and arrested for a Michigan DUI or OUI it's important to seek the advice of an aggressive Michigan drunk driving defense attorney right away.

In fact, while failing a standard field sobriety test comes as a shock to many drivers - law enforcement "fails" drivers far too frequently. Few Michigan drivers understand how the tests are conducted and evaluated. Unfortunately, many police officers are likewise uninformed and improperly trained.

According to the Federal Department of Transportation, only about 65 percent of standard field sobriety tests are accurate when it comes to predicting actual driving impairment. That means that over a third of the drivers arrested for DUI based on a field sobriety test may have been wrongly accused.

In Green, once the urine test was administered and the results came back clean, all charges were dropped. Green then filed a lawsuit alleging that the state trooper violated her 4th amendment rights under the constitution by conducting field sobriety tests without having the necessary reasonable suspicion that she was impaired and that she was arrested without probable cause.

Continue reading "State Troopers May Have Violated Driver's Rights For Conducting Field Sobriety Test Without A Reasonable Suspicion Of Intoxication" »

Michigan news from Emmet County reports indicate that law enforcement is out in force this holiday season. With the slogan "Drunk Driving. Over the Limit. Under Arrest," from now through New Year's day state troopers are on "directed patrol, looking for criminal activity on the roads with operating while intoxicated (OWI) drivers being the biggest one's targeted."

While officers will be on the look out for drunk drivers, reckless drivers and seat belt use violators, it is crucial that responsible drivers pulled over in error, without probable cause or where law enforcement violate individual's rights be able to protect themselves from drunk driving charges and penalties.

If you have are charged with Michigan drunk driving, the first thing to do is call an experienced drunk driving criminal defense attorney in Michigan immediately to protect your rights and begin preparing your defense.

In fact, in many situations drunk-driving charges can be reduced or even DUI charges dismissed as the result of common police errors.

Although everyone wants to ensure the safety of Michigan roads, it is imperative to protect your rights, your driving privileges and your reputation. A drunk driving charge will not only damper the holiday spirit but may also have a lasting impact on your freedom.

Continue reading "Holiday Crackdown On Michigan Drunk Driving May Lead To False Arrests" »

Earlier this week, a Detroit man pleaded guilty to allowing an unlicensed minor to operate a motor vehicle after he allowed his 9-year-old daughter to be his designated driver. According to the Wayne County prosecutor's office, Shawn Weimer also pleaded guilty to second-degree child abuse. Weimer's case gained national attention after his daughter was shown on surveillance video bragging about her driving skills.

Weimer himself had reportedly consumed half a bottle of whiskey and did not want to drive under the influence. Michigan has some of the toughest drunk driving laws in the country. If you have been charged with a DUI/OUI or other drunk driving offense it is important to consult with a drunk driving attorney in Michigan immediately to fight the charges and protect your driving privileges.

Many individuals charged with DUI/DWI are scared to fight back and mistakenly believe that if they have been charged with a drunk driving offense, they will be found guilty. This is not the case. In fact, in many situations an aggressive criminal defense lawyer in Michigan can fight the charges, by pointing out flaws in the evidence or challenging the stop itself, and successfully get OUI charges reduced or eliminated. Although not every strategy will work in every case, a number of common police errors and missteps occur in drunk driving stops that drunk driving defense lawyers can use as part of a vigorous defense.

Continue reading "Detroit Dad Pleads Guilty After Using 9-Year-Old Daughter As Designated Driver" »

Rima Fakih - former Miss USA was arrested over the weekend in Highland Park, Michigan on a suspicion of drunk driving. According to reports, Fakih's blood alcohol content measured a 0.20, more than twice Michigan's legal limit. Under Michigan law if a first-time offender's BAC is greater than 0.17, they may be charged under Michigan's super-drunk law. The super-drunk law imposes significant penalties including mandatory license revocation followed by driver's license restrictions and the installation of a mandatory interlock device on their vehicle. Offenders may also be required to submit to mandatory substance abuse counseling and pay significant fines.

If you have been charged with any Michigan drunk driving charge, consulting with an experienced criminal lawyer in Michigan as soon as possible is important to protect your driving privileges and begin preparing your defense.

Although generally a first time offender will not go to jail, in certain instances and in certain Michigan courts judges are more likely to hand down tough sentences. For example, the 48th District Court in Bloomfield Hills is notoriously tough on OUIL offenders, having sent Jalen Rose to jail for 20 days after just one infraction.

Here, Fakih's celebratory and her excuse - that she was behind the wheel because her friend "was not in a condition to drive", may or may not sway a judge to give her a lighter sentence. Although judges are generally more compassionate on fist time offenders in Wayne County than Oakland County, what the evidence shows is an important consideration. By challenging the police decision to stop a vehicle or pointing out errors in blood or breath sampling equipment or in roadside tests, a top criminal defense lawyer in Michigan may be able to get charges reduced or dismissed.

Continue reading "Former Miss USA Arrested On A Suspicion of Drunk Driving, May Be Charged Under Michigan's Super-Drunk Law" »

In anticipation of the start of a busy holiday travel season, the National Transportation Safety Board has issued new drunk driving statistics. With so much attention being paid to reducing the incidence of drunk driving, its important to have a designated driver if you have been drinking and to know your rights in the event you are stopped on a suspicion of driving under the influence.

According to the study, drunk driving crashes are expensive, costing the United States more than $132 billion annually. They also are deadly, accounting for more than one-third of all deaths. Earlier this year, the NTSB revealed that Michigan was one of eight states that have done the least to deal with "hard-core drinking and driving." Michigan received its poor review based on its failure to implement many of the 11 elements the NTSB believes are needed to stop drinking and driving. Michigan has only adopted two - DWI courts and confinement alternatives.

If you have been detained for drunk driving it is important to contact a Michigan criminal defense attorney to help protect your driving privileges and keep you out of jail. Many time individuals are stopped without the requisite cause for making the stop. Charges may be thrown out or reduced if police officers fail to follow proper procedures in detaining you. Further, where your arrest is based on results of a blood or breath test, the results may be challenged. In some instances a breath test may not be administered correctly, or the machine used to measure alcohol content may not be working property. Additionally, the timing of blood tests may affect your blood alcohol content measurement and have significant consequences concerning whether you are considered over the limit or not. An aggressive Michigan drunk driving defense attorney can challenge test results and seek to have invalid and / or unreliable tests results thrown out. In these instances, it is possible that charges of DUI/ OUI may be dismissed or reduced.

Although the NTSB recommends sobriety checkpoints as a method of deterring drunk driving, Michigan has declared these drunk driving roadblocks illegal under the state constitution. If police or other law enforcement officials lack sufficient cause to stop you, evidence collected as the result of the stop may be thrown out.

Continue reading "Law Enforcement Cracking Down On Michigan Drunk Driving During Holiday Weekend" »

The American Civil Liberties Union has recently issued a statement accusing the FBI of racial profiling - the targeting of racial, ethnic and religious groups for investigation by associating criminal behaviors with specific communities. One of the areas specifically mentioned in its report was Michigan. According to the report, Michigan's Arab-American and Muslim communities have been targeted for investigation as a possible terrorist recruitment ground. The ACLU labels such practice as "racial profiling on an industrial scale" and is calling for Attorney General Eric Holder to put an end to this practice.

If you feel you have been targeted unfairly by police, or have been improperly detained for investigation into an alleged crime, it is important to obtain the help of an aggressive Michigan criminal defense attorney at once to challenge law enforcement's authority and protect your constitutional rights. Under the constitution, the 4th amendment prohibits police officers or other law enforcement from stopping a person without evidence they were involved in a crime.

The lack of a valid reason for stopping an individual may serve as a defense - including as a DUI defense or drug possession defense.

The ACLU notes, "Today the FBI is engaged in unconstitutional and crude stereotyping, attributing certain types of crimes to entire racial and ethnic communities around the country. It is then collecting racial and ethnic information to "map" those communities on the basis of race, ethnicity, religion, and national origin. Sweeping away protections that have been in place since the 1970s, new, permissive regulations also allow the FBI to spy on innocent Americans and peaceful groups with little or no suspicion of wrongdoing."

Continue reading "ACLU Alleges Widespread Racial Profiling In Michigan In Violation Of Constitution" »

The Detroit News reports that Detroit Pistons basketball star Ben Wallace was recently charged with Michigan drunk driving after being stopped and arrested over the weekend for erratic driving on Telegraph Road at Long Lake. He was driving a 2007 Cadillac Escalade and was arrested around 3 a.m.. Wallace was also arrested on Michigan weapons charges. The Detroit News reports Wallace was given a breathalyzer test that showed he had a blood alcohol count of 0.14%, which is above Michigan's legal limit above of .08%.

In a search conducted pursuant to the stop, police discovered an unloaded semi-automatic pistol in a backpack in the passenger area with a fully loaded magazine. The police report states that the .28-caliber FNH semiautomatic pistol was registered to Wallace's wife.

Bloomfield Hills 48th District Court Magistrate Judith Holtz arraigned Wallace on the OWI misdemeanor as well as the weapons charges. This was Wallace's first drunk driving offense.

Being arrested and charged with a Michigan drunk driving offense, weapons charges, or any other Michigan crime may have serious consequences. It is important to contact an aggressive Michigan criminal defense lawyer immediately to protect your rights and begin preparing your defense. Often, errors in police conduct may lead to charges being reduced or even dismissed.

In an ironic twist, Wallace had originally been assigned to Oakland County District Court Judge Kimberly Small who has earned a reputation for handing down unduly harsh sentences to first time offenders. This past summer, Small sentenced for NBA and Michigan basketball star Jalen Rose to 20 days in the Oakland County Jail along with one year's probation for a West Bloomfield Township drunk driving incident. Small stated she imposed such a harsh sentence in order to "send a message" about the dangers of driving while intoxicated.

Continue reading "Detroit Piston Ben Wallace Arrested On Drunk Driving Charges " »

With the end of summer and Labor Day, Michigan law enforcement was out in force across the state cracking down on drunk driving. In fact, news reports that 35 Michigan counties had stepped up drunk driving enforcement during the last few weeks of August through Labor Day. Some of the counties cracking down include Washtenaw, Wayne, Lenawee, Livingston, Macomb, Monroe and Oakland Counties.

With increased enforcement, numerous drunk driving arrests were made statewide. If you were detained and charged with Michigan drunk driving you need the help of an aggressive Michigan drunk driving lawyer immediately to fight back and protect your driving privileges. Remember, just because you were charged does not mean you will be found guilty of Michigan DUI/OUI. Numerous defenses exist to all driving under the influence charges. An experienced Michigan DUI defense attorney can challenge drunk driving stops and flaws in the evidence and in many cases may be able to get DUI charges reduced or eliminated.

Michigan drunk driving penalties are severe, an aggressive Michigan DUI lawyer can fight to protect your driving privileges and help you avoid harsh consequences such as:

• Jail time of up to 93 days for a first offense
• Fines
• Drivers license restrictions including points on your license and license suspension
• Community service
• Potential installation of an ignition interlock device

Continue reading "Labor Day Crackdown On Michigan Drunk Driving Leads To DUI Arrests And The Need For DUI Defense" »

In a recent decision, the 6th Circuit Court of Appeals, which includes the state of Michigan, determined that a police officer violated an individual's constitutional rights when he engaged in a low-speed chase.

Your constitutional rights protect you if you are under investigation for or been charged with a Michigan crime. If police officers violate your rights, the charges may be reduced or dismissed. An experienced Michigan criminal defense lawyer can advise you concerning your rights.

In Walker v. Davis, a Kentucky man - Thomas Germany - was killed while riding a motorcycle across an empty field in the middle of the night. The incident occurred after a police officer clocked Germany riding his motorcycle at 70 mph in a 55 mph zone. The officer tried to the pull Germany over, but he refused to stop. Another officer heard about the attempt on the radio and tried to intercept Germany on his cruiser. When he failed, the second officer engaged in a slow speed pursuit, following Germany across a muddy field. The officer then intentionally ran into the motorcycle, knocking Germany off the cycle and crushing him with his police cruiser.

The appeals court determined that the police officers action's clearly violated Germany's constitutional rights stating, "It has been settled law for a generation that, under the Fourth Amendment '[w]here a suspect poses no immediate threat to the officer and no threat to others, the harm resulting from failing to apprehend him does not justify the use of deadly force to do so." Here, Germany was not a threat to anyone - he was riding his motorcycle in the middle of the night across an open field. As the result, the court determined it was a violation of Germany's 4th amendment rights to use deadly force.

Continue reading "6th Circuit Finds Police Violated Individual's Constitutional Rights In Low-Speed Chase in Walker v. Davis " »