Michigan Criminal Lawyers Blog

August 12, 2014

Father and Two Sons in Vermont Arrested on Suspicion of DUI Following Rollover Accident

Recently, a father and two sons were arrested in Fletcher, VT after one of the sons was involved in a single-vehicle rollover that left him with injuries.

According to WPTZ News Channel 5, 22-year-old Joshua B. Woodward’s vehicle rolled on Cambridge Road near Metcalf Pond Road in Fletcher. Woodward was hospitalized, however after his release he was charged with his second DUI. Police said that he was operating under the influence, and that a preliminary breath test indicated his blood alcohol level was three times over the legal limit. It was also discovered that his driver’s license had been criminally suspended.

Woodward’s father, Brian, and his brother, Nicholas, were also arrested for DUI after attempting to drive up to the scene of the accident to check on Joshua. Initially, 19-year-old Nicholas drove up to see how his brother was when police noticed he was under the influence. While police were administering a breath test and arresting Nicholas for DUI, Brian got behind the wheel to get closer to the scene of the wreckage; this is when police noticed that he, too, appeared to be impaired. He was ordered by police to stop the vehicle, at which point he as given a breath test which indicated his blood alcohol content was also three times over the legal limit.

Nicholas’s DUI arrest was his second in two weeks, according to news reports. All three men were scheduled to appear on the charges in Franklin District Court.

While this is somewhat of a bizarre story, driving while under the influence of alcohol is a very serious problem across the country. In Michigan, driving with a blood alcohol level of more than twice the legal limit of .08 percent can lead to “super drunk” charges. At .17 percent, an individual is considered to be Super Drunk and may face charges for a high BAC (blood alcohol content) offense. In this situation, the individual will face enhanced criminal penalties if convicted.

A Super Drunk conviction will results in penalties that include up to 180 days in jail, possible community service, fines of up to $700, driver’s license suspension for 45 days, followed by 320 days of restricted driving, and more. If it is a second or third DUI offense, the consequences become even more serious.

August 11, 2014

Ironwood Residents Arrested on Drug Charges

by Scott Grabel

On August 6, three Ironwood residents were arrested after authorities executed a search warrant at 248 W. Larch Street. During the search, members of the Gogebic Iron Area Narcotics Team discovered methamphetamine, heroin, analogues, and firearms, according to an article at Upper Michigan’s Source.

The three people arrested include Carly Ann Pestka, 22, Mark Dwayne Overton, 35, and Adam Lee Stone, 33. All of the suspects were arraigned on the charges on August 7 in Gogebic County Court.

The Hurley Police Department, Gogebic County and Iron County Sheriff’s Departments, Ironwood Public Safety Department, and the Lac View Desert Tribal Police comprise the Gogebic Iron Area Narcotics Team.

Carly Pestka was charged with a single count of possession of heroin. Mark Overton faces several charges, including one count each of maintaining a drug house, possession of analogues, possession of meth, possession of heroin (less than 25 grams), and possession of a firearm during the commission of a felony. Adam Stone faces charges of maintaining a drug house, delivery/manufacture of heroin less than 50 grams, and possession of heroin less than 25 grams.

These charges are extremely serious, and will leave the offenders facing serious consequences if convicted. For example, Carly Pestka may face up to four years in prison and a fine of up to $25,000 for possession of less than 50 grams or heroin, although news reports do not indicate how much of the Schedule I drug she had in her possession.

Manufacturing, distributing, or delivering Schedule I substances including heroin will result in extremely severe penalties for those convicted, including up to 20 years in prison for an offense involving less than 50 grams of heroin. If the amount involved is more, the fines and prison sentences increase substantially. An individual who is found guilty of manufacturing or distributing 1,000 grams or more of heroin may face a maximum of life in prison, and fines of up to $1,000,000.

August 11, 2014

Assistant City Manager of Henderson, NV Arrested on Suspicion of DUI

by Scott Grabel

On Friday, August 8, 58-year-old Fred Horvath was arrested on suspicion of driving under the influence in Henderson, NV. Horvath is the Assistant City Manager, and was placed on leave from his position while an investigation into the DUI incident continues, according to a news article at NBC News.

Other news sources claim that Horvath was pulled over by an officer riding a motorcycle in the vicinity of Wigwam Parkway and Green Valley Parkway in the early afternoon hours. At the time of news reports, Horvath was arrested for DUI, but changes had not been filed pending blood test results from the Henderson Detention Center.

Horvath was Henderson’s human resources director beginning in 2009 until the point he was named assistant city manager in October of last year. In his position as Assistant City Manager, Horvath was responsible for Henderson’s utility services departments, information technology, public works, parks, and recreation, and community development and services. Horvath was not on duty when he was arrested.

Whether Horvath’s blood tests indicate his blood alcohol level was above the legal limit will likely determine whether he is arrested. In the state of Michigan, individuals can be charged with driving under the influence even when their blood alcohol content (BAC) is not above the legal limit of .08 percent. Known as OWVI or operating while visibly impaired, individuals may be charged with this offense regardless of blood alcohol content, based on police observations and opinions. Individuals who are found guilty of OWVI will face criminal penalties that include possible jail time, fines, driver’s license suspension, and more.

August 8, 2014

Double Decker Bus Driver Who Caused Accident in Times Square Had License Suspended 11 Times

by Scott Grabel

On Tuesday, August 6, an accident between a double-decked tour bus and another bus resulted in the injury of 14 people, according to an article at the New York Post. William Dalambert, who is 58 years old, was the driver of the double-decked tour bus that allegedly slammed into another bus in Times Square. While he has been driving commercially for more than two decades, his driver’s license has been suspended 11 times for various reasons including not having insurance, unpaid child support, and improper filing of paperwork. Four of the suspensions were for unspecified violations.

Authorities claim that Dalambert was high on drugs when Tuesday’s accident took place. While his driver’s license was last suspended in November of 2013, it was valid at the time of the crash. Dalambert was charged early on Wednesday with driving while ability impaired. He was given a sobriety test at the scene of the accident, and agreed to a urine and blood test later. The results of those tests had not been revealed at the time of news reports. Continue reading

August 7, 2014

Kalamazoo Woman Pleads Guilty to Conspiring with Handyman to Set Fire to Rental Home

by Scott Grabel

69-year-old Lola Atkinson, a 2012 recipient of a YWCA Woman of Achievement Award and the first vice president of the Metropolitan Kalamazoo Branch of the NAACP, recently pleaded guilty to conspiring with her handyman to set a rental home she owned on fire, according to a news article at Mlive.com.

On Wednesday, August 6, Atkinson pleaded guilty to a single count of conspiracy to commit second-degree arson. Because of her guilty plea, prosecutors have agreed to dismiss a second count when she is sentenced in late September.

Atkinson and Elvis Patterson, Atkinson’s 57-year-old handyman, were arrested in February for allegedly plotting to burn down a rental home Atkinson owned at 1327 N. Park St. Patterson pleaded guilty to the charges in June.

Bill Moorian, a Kalamazoo Public Safety detective, testified in court that he and another detective conducted surveillance in February when Atkinson, Patterson, and the tenant who lived in the rental home had a meeting in which the three allegedly discussed their plans to burn down the house. Moorian told District Judge Richard A. Santoni that Atkinson gave money to the tenant to vacate the home so that she and Patterson could go ahead with the arson plan. Continue reading

August 6, 2014

Georgia Man Wins Appeal, Gets Reduced Sentence in Alleged Child Rape

by Scott Grabel

Last year, 48-year-old Winfred Ottley won an appeal of his conviction for rape and aggravated child molestation with the Georgia Court of Appeals, who overturned his conviction. At that time, he had to make a decision whether to face trial again and fight for his innocence, or plead guilty. Considering he would likely spend the rest of his life in prison if found guilty at trial, he chose to plead guilty to child molestation and statutory rape. Now he has been sentenced to 15 years in prison by Judge Maureen Gottfried.

Ottley could be out of prison in just 4 1/2 years because he has been given credit for time served. Originally, he was convicted in 2010 for allegedly raping a girl repeatedly over the course of three years. In 2013, the Georgia Court of Appeals threw out Ottley’s conviction, ruling that his defense attorney failed to challenge medical evidence that was presented at trial. Ottley’s court appointed public defender, Vicki Novak, decided they should not risk Ottley possibly being sentenced to life again by going to trial, so instead he pleaded guilty to lesser charges.

In the original trial, a jury found Ottley guilty on two counts of aggravated child molestation, two counts of rape and aggravated assault, three counts of cruelty to children, and one count each of child molestation and sexual battery. He was sentenced in May of 2010 to four concurrent life sentences.

The defense claimed at trial that Ottley’s estranged wife, who was allegedly having an affair with her church pastor, set up her husband so that she could have him arrested and collect his property and a significant amount of money. Even then, the appeals court overturned Ottley’s conviction based on the fact that his defense attorney did not challenge medical evidence presented at trial. Essentially, Ottley’s conviction was reversed because of ineffective assistance of counsel.

As all Michigan criminal appeal lawyers would agree, 15 years is a very light sentence when compared to life behind bars. While it is rare that an appeals court overturns a conviction, it does happen on occasion when a compelling argument warrants it.

August 6, 2014

When Charged with Drunk Driving in Michigan, There is No Defense, Right? Wrong

by Scott Grabel

As highly regarded Michigan DUI defense attorneys, we know that many individuals who are charged with driving under the influence (or OWI, Operating While Intoxicated, the legal term in Michigan) believe there is no defense to the charge. Unfortunately, many people simply plead guilty without considering there may be options. This is why it is so important that even for a first DUI, you consult with an experienced defense lawyer right away.

There are actually many defenses that may be effective in fighting charges of driving under the influence of alcohol. A skilled attorney will thoroughly review your case to help determine whether the charge could be challenged. A few examples of some of the common defenses used in a DUI case include:

Inaccurate PBT (Preliminary Breath Tests)

Inadmissible Datamaster Breath Test Results

Invalid Arrest Due to Inadequate Investigation Procedures

Invalid Stops

These are just a few defenses which may be effective in fighting your DUI charges.

A police officer must have a valid reason or justification for stopping someone who is driving. Unfortunately, many police officers use weak or unjustified excuses for pulling someone over, such as a loud stereo or exhaust. A police officer may decide that because you swerved just a bit within your own lane (which we all do on occasion), you should be pulled over. Once pulled over, even if the stop is invalid, the police officer will check for signs that you may have been drinking, such as glassy eyes, an odor of alcohol, slurred speech, etc. If it can be proven that the police did not have “reasonable suspicion” to stop you, the charges may be dismissed.

Field sobriety tests are highly criticized, particularly in the state of Michigan where many police officers are not strained in these tests. The standardized field sobriety tests set forth by the NHTSA include the one leg stand, the horizontal gaze nystagmus test, and the walk-and-turn. Ultimately, it is up to the officer to determine whether an individual passed or failed the test, which is often used to decide whether an arrest should be made. Many officers rush through these exercises and approach them in an unorganized fashion, which decides the driver’s fate in mere minutes. A capable Michigan DUI defense lawyer will carefully analyze whether the officer properly administered these tests, and whether there were outside factors that could attribute to the motorist’s ability (or inability) to perform them such as a disability, the fact that he or she was taking medication for an illness, and other factors. Truthfully, it is difficult for the most sober person to perform these tests.

Preliminary breath tests can be highly inaccurate as well, and motorists are not required to submit to the PBT, or roadside breath test. In fact, you should politely refuse this test, although you will be required to take the Datamaster breath test at the police station.

August 5, 2014

Interesting Fact – More Women are Arrested for DUI Than Men, According to FBI Statistics

by Scott Grabel

Since 2003, it appears that the number of women arrested for DUI has risen, while the number of men arrested for driving under the influence has decreased. Between 2003 and 2012, the number of women who were arrested for DUI rose by 21%, while the number of men arrested for DUI fell by almost 17%. These figures consider the number of arrests across the nation.

Unfortunately, women are also involved in more DUI incidents that result in death, according to research scientist Erin Holmes with a Canadian based research company, the Traffic Injury Research Foundation.

What are the possible reasons more women are being arrested for drunk driving? According to research, it is believed the fact that more women work now than they did two decades ago contribute to the numbers. Women are driving more during night time hours when they are more likely to be arrested, and it is no longer socially unacceptable for women to have a drink in public. This is particularly true of younger women.

Another factor that may affect the numbers is the fact that many of the first offender diversion programs have been eliminated, which results in more women coming through the criminal justice system.

The good news is that in the state of Michigan, the number of crashes related to drunk driving have gone down for both men and women. According to the head of the Michigan State Police Alcohol Enforcement Unit Sgt. Perry Curtis, drunk driving arrests have steadily declined over the years. In Michigan, the number of DUI crashes between 2003 and 2012 fell for both women and men, dropping from 3,203 to 2,563 for women, and 11,400 to 7,250 for men.

Still, Curtis says that the percentage of females who are arrested for DUI has increased during his career which he began in 2000. Work stress, arguments with a partner or spouse, and divorce seem to drive women to abuse substances such as alcohol, according to East Lansing substance abuse counselor Mike Stratton.

August 4, 2014

Laredo City Council Member Suspected of Selling Cocaine Out of His Truck

by Scott Grabel

On Friday evening, August 1, Laredo city council member Jorge Vera was booked into the Webb County Jail after being charged with possession of a controlled substance (cocaine). According to news reports at Mysanantonio.com, Vera posted a $1,500 bond and faces a misdemeanor charge of filing a false police report in addition to a felony drug charge.

On Wednesday July 30, Vera attended a special meeting of the Laredo City Council, just one day after he had been questioned by police regarding another man’s arrest for drugs and the involvement of Vera’s truck in the incident. On Tuesday evening, July 29, police were summoned to a bar after being tipped off that someone was selling drugs out of a truck in the bar’s parking lot. After a drug dog went over the truck and detected a “powdery substance,” a 24-year-old man was arrested and charged with tampering with evidence. Vera admitted that the truck in question was his, but says that it was broken in to.

Vera initially denied any connection with the drugs in his truck, but later turned himself in to police. According to television station KGNS, police told the station that Vera offered a female off-duty patrol officer and her friends cocaine.

On August 1, the City of Laredo issued a statement regarding Vera’s arrest, and the criminal matter which must run its course as the district attorney’s office continues investigating.

As all Michigan drug crime lawyers know, selling cocaine is a serious criminal offense. While no mention of the amount of cocaine involved was found in our news sources, the punishment for cocaine possession with intent to distribute or sell in the state of Michigan is harsh. Even when less than 50 grams is involved, the offender may face fines of up to $25,000 along with a maximum of 20 years in prison if convicted.

August 1, 2014

Sibling Fight Ends in Murder Charges for Dearborn Man

by Scott Grabel

On Monday, July 28, 23-year-old Rajeh Elmawri of Dearborn was charged with torture and first-degree murder in the death of his sister, 30-year-old Asyh Elmawri.

According to news reports at Mlive.com, the brother and sister became involved in an argument that turned deadly. Rajeh Elmawri allegedly strangled his sister on Saturday afternoon at a family home located in the 7500 block of Bingham, and stabbed her numerous times. Dearborn police Chief Ronald Haddad described the incident as a “domestic violence incident that escalated.”

Elmawri family members called 911 to report the argument. When police arrived on the scene, they found Asyh Elmawri’s lifeless body inside the home.

The defendant was arraigned on the charges on Monday before District Judge Sam Salamey who ordered Elmawri jailed on a $1 million bond. His probable cause hearing is scheduled for August 8. A defense attorney will be appointed by the court, according to the Washington Times.

First-degree murder is a very serious charge, and leaves the defendant facing life-changing consequences. The maximum punishment for someone found guilty of this crime is life in prison. Given that the defendant in this case was involved in a domestic dispute with his sister, could he have been acting in self defense? The case remains under investigation, so perhaps a motive or other facts surrounding the case may come to light in the coming days and weeks.