Michigan Criminal Lawyers Blog

July 24, 2014

Could Your Driver’s License Be Suspended Without You Knowing It?

If you are reading this right now, you may wonder if that red light ticket you failed to pay could have resulted in your driver’s license being suspended. The fact is, many people in Michigan drive to and from work, school, or on other errands every day, thinking their driver’s license is valid – when in fact it is not. Here is a quick recap of an incident that recently happened in Florida.

Investigative reporter Daralene Jones decided she would do a little investigating regarding motorists who have had their licenses suspended and don’t discover it until it’s too late. One individual was notified that his driver’s license had been suspended because he did not pay a red-light ticket in a timely manner. The problem was, Jean Pierre did not know he had been ticketed, because the notices are sent out by the contractor hired by the camera vendor. Pierre never received the notice. Pierre contacted attorney Corey Cohen immediately.

Cohen told news reporters at Action News that he had a long list of clients in a situation similar to Pierre’s. Motorists are being ticketed for missing a red-light camera by .03 seconds, but the notices are not reaching many of the drivers. Authorities believe part of the problem is that the contractor hired to send out the citations uses addresses corresponding to vehicle registrations, instead of addresses corresponding to driver’s license.

Essentially, many Floridians (approximately 50,000) are having their driver’s licenses suspended for unpaid tickets they do not even know were issued because they are not receiving notification.

In Pierre’s case, a judge and lawyers with Cohen’s firm were working to uncover what happened, and if there is proof that Pierre did actually receive the citation. Until then, Pierre’s driver’s license has been temporarily reinstated.

Michigan driver’s license reinstatement attorneys know that there are frequently situations in which an individual’s license is suspended without his or her knowledge. You may have been pulled over for a simple traffic infraction, and informed by the police officer that your license is suspended. This could be due to failing to pay a court fine, or not being properly notified of the suspension.

July 23, 2014

Attorneys Fight to Have Conviction Overturned for Death-Row Inmate in Mississippi

by Scott Grabel

Curtis Flowers, a black man in Mississippi who was convicted and sentenced to death in 1997 for the 1996 killings of four individuals, currently sits on death row and has been tried six times for the slayings, which took place at a furniture store where the defendant had been fired just days earlier. According to a news report at Salem Radio Network News, Flowers’ attorneys are attempting to have his conviction overturned and recently told the Mississippi Supreme Court that their client’s latest trial was unfair.

Flowers was convicted of the murders in 1997, 1999, and 2004, each time being sentenced to death. However, each of these convictions was overturned by the Supreme Court, in one instance due to racial discrimination during jury selection, and prosecutorial misconduct in the other two.

In this latest appeal, Flowers’ attorneys claim that the evidence against their client in the 2010 trial was misrepresented by prosecutors, and lacking. They also claim that jury selection was racially biased. Flowers was tried in 2007 and 2008, with both trials ending in a hung jury.

Of the four individuals shot at close range at the Tardy Furniture store in Winona, one was black. Prosecutors claim that the defendant “had a beef” with store owner Bertha Tardy who terminated Flowers and then withheld his pay to cover damage to batteries. Flowers’ defense lawyers claim he was at his home when the shooting occurred, and that he had no hard feelings toward his boss. They also allege that the investigation into the murders was “shoddy,” and that witness testimony was coerced.

Considering the defendant has been tried six times for the same murders and the state Supreme Court has overturned his conviction on three occasions, there is no doubt that there are issues with the case.

July 23, 2014

Cobb County Sheriff’s Deputy Arrested for Leaving the Scene and Driving Drunk After Identifying Information Left Behind

by Scott Grabel

On Saturday morning July 19, 23-year-old Austin Reese Chadwick of Woodstock was arrested for allegedly driving under the influence of alcohol and fleeing the scene of an accident, according to a news article at the Atlanta Journal-Constitution. Chadwick had called 911 to obtain medical assistance for injuries he sustained in an accident between himself and a tractor-trailer rig. He is a Cobb County sheriff’s deputy, and was off-duty at the time of the accident.

Chadwick apparently called 911 from his home at approximately the same time that police in Cobb and Cherokee Counties were trying to locate him after discovering Chadwick’s identification inside a vehicle at the crash site. Chadwick suffered a serious leg injury, and was arrested at his home; he confirmed that he had been drinking.

Police claim to have detected a strong odor of alcohol about Chadwick, who agreed to sobriety testing. He was charged with failure to report an accident, failure to maintain lane, and DUI. Chadwick had worked for the Cobb County Sheriff’s Department for over two years, and is currently on administrative leave pending an investigation by Internal Affairs. There was no mention as to whether the driver of the tractor-trailer rig was injured in the accident.

Fleeing the scene of an accident is never a good idea, however when a person is even slightly intoxicated he or she often has poor judgment. When someone chooses to drive after consuming alcohol or drugs, that person puts not only his or her life in danger, but everyone else on the roadways as well.

Driving while under the influence is a very common offense. Even though criminal penalties are tougher than ever and lawmakers continue to fight against drunk driving, people still do it. Many think, “I’ve only had two or three drinks, I’ll be fine to drive home.” Others drink to the point they can barely stand up, and still get behind the wheel.

July 22, 2014

Florida JetBlue Pilot Arrested for Heroin Possession Near the Boston Common

by Scott Grabel

Over the weekend, six individuals were arrested in Boston who are believed to be involved in drug dealing near the Boston Common, according to news reports at the Houston Chronicle and NBC News. One of the six people arrested was 42-year-old John Manwaring of Florida, who is a JetBlue pilot. Manwaring was arraigned on Monday on charges of heroin possession.

Manwaring told police that he had arrived in Boston on Sunday, July 20, and that he was a pilot. A woman who was with Manwaring and who was not named in news reports was also charged with heroin possession. Among the others arrested were two men who were charged with selling heroin, and another charged with trespassing and cocaine possession.

Residents in the area of Boylston and Tremont Streets had begun complaining about suspected drug activity going on in the area, which led police to investigate the allegations. Police had also made numerous drug arrests in the area in the past.

JetBlue Airways Corp., based in New York, announced on Sunday evening that Manwaring had been removed from duty pending the outcome of the investigation. The company is cooperating with investigators, and stated that “In compliance with all FAA and DOT regulations and requirements, JetBlue has in place a rigorous drug testing programs for crew members that includes a strict “no tolerance” program.

Manwaring was released on his own recognizance after pleading not guilty in court on Monday.

In Massachusetts, the criminal penalties for a first offense heroin possession conviction include fines of up to $2,000 and up to two years in prison. In the state of Michigan, those found guilty of possessing less than 50 grams of heroin will face up to four years in prison, along with fines of as much as $25,000. The criminal penalties for heroin possession depend on factors including criminal history, amount of heroin involved, and where the crime occurred (such as in close proximity to a school, park, church, etc.).

Possession of a large amount of heroin, or an amount that would be considered by police as more than a person would need for his or her own personal use, could lead to possession with intent charges. When prosecutors trump up a possession charge to possession with intent to distribute or deliver, the situation becomes much more serious.

July 21, 2014

California Crash Results in Death of Suspected Drunk Driver’s Passenger

by Scott Grabel

While Michigan DUI defense lawyers realize that drunk driving does not always end in tragedy, all too often it does. On Sunday, July 20, a 22-year-old woman was killed in a rollover crash in Santa Rosa. Sarai Torres-Nunez was riding in a Honda SUV driven by Antonio Moreno-Murillo, when Moreno-Murillo took an off-ramp from Highway 12 then sped through a red light before flipping over and crashing into a tree.

California Highway Police Officer Marcus Hawkins said that the driver of the SUV swerved to avoid an oncoming vehicle after running the red light, then drove onto an on-ramp where he lost control of the vehicle, causing it to roll over before crashing into a metal guardrail and tree. Torres-Nunez was pronounced dead at the scene of the crash. Moreno-Murillo was transported to a local hospital for treatment of his injuries, although reports do not indicate whether those injuries were serious. He was arrested at the Santa Rosa Memorial Hospital and charged with probation violation, driving with a suspended license, gross vehicular manslaughter while driving under the influence, and suspicion of driving under the influence causing death.

Antonio Moreno-Murillo is 21 years old, and will now likely face substantial prison time along with other penalties. However, a 22-year-old girl has lost her life because someone who was apparently not sober decided to put both of their lives at risk by getting behind the wheel of a vehicle.

Those who have a had a few drinks often have a false sense of what they are capable of doing. Most people believe they are completely in control, and able to safely operate a vehicle; this is not usually the case. Driving while under the influence of alcohol or other intoxicating substances such as drugs can result in catastrophe, as indicated in the story above. Even when a crash is not the result, being pulled over on suspicion of DUI is serious, and may result in the driver being arrested and ultimately facing penalties that include jail/prison time, fines, community service, a suspended driver’s license, criminal record, and more.

July 17, 2014

Driver’s License Suspension and Drug Crimes in Michigan

by Scott Grabel

As seasoned Michigan driver’s license reinstatement attorneys, we realize that most people associate a suspended driver’s license with driving while under the influence of alcohol or having received too many traffic tickets. The fact is, a conviction for a drug offense can result in suspension of your license as well.

Driving under the influence or DUI is a charge that applies not only to individuals who are found to have an illegal amount (greater than 0.08%) of alcohol or intoxicating liquor in their systems, but those who have other potentially intoxicating substances in their systems as well. This may include narcotic or illegal drugs such as cocaine, heroin, methamphetamine, marijuana, and other illicit substances as well as prescription medications such as oxycodone, Vicodin, or even Xanax or other benzodiazepines. Should it be determined that your ability to operate a vehicle safely was affected by drugs in your system, you may be charged with DUI – and have your driver’s license suspended.

Driver’s license suspension applies not only to operating a vehicle with drugs in your system, it also applies in cases where an individual is convicted of possessing, manufacturing, or distributing drugs. In this situation, you do not have to be driving at all to have your license suspended. The fact that you were in possession of an illegal substance is enough to result in license suspension.

Just as is the case with DUI, a first time drug conviction will result in a six month suspension of your driver’s license. For the first 30 days, you will not be able to drive for any reason; whether or not you drive for the remaining five months will depend on whether you get a restricted license. A second drug conviction will result in a one year driver’s license suspension, with no driving for the first 60 days. It is also important to note that you will not simply be “given” restricted driving rights after the initial suspension period. It costs $125 to have your license reinstated, even to drive on a restricted basis. When your license is restricted, you will be permitted to drive only under certain circumstances or at specific times of the day. A restricted license does not give you free reign to go about your daily life and drive whenever or wherever you like.

July 16, 2014

Costa Mesa Man Arrested on Suspicion of DUI Following Hit-and-Run Incident

by Scott Grabel

On Monday morning July 14, a 22-year-old man was arrested on suspicion of DUI after striking a 15-year-old pedestrian and fleeing the scene, according to a news article at CBS Los Angeles. The victim, a female, was transported to Western Medical Center in Santa Ana where she is being treated for a skull fracture and is said to be in stable condition.

The alleged hit-and-run driver, Ryota Takamatsu, was arrested and charged with felony DUI and felony hit-and-run after being apprehended.

Police say that the 15-year-old girl was running against a red light in a crosswalk when she was hit by a white SUV. Officers were dispatched to the scene at about 1:30 a.m., and reported that the defendant fled in the 2003 Saturn Vue SUV, sometimes driving with the headlights off in order to elude capture. Another motorist who followed the suspect helped officers locate Takamatsu, who was booked into the Costa Mesa County Jail awaiting transfer to the Orange County Jail in Santa Ana. He was being held on $100,000 bail at the time of news reports.

In the state of Michigan, leaving the scene of an accident (hit-and-run) may be charged as a misdemeanor or felony, depending on whether the accident results in property or vehicle damage, or injury to others and the extent of those injuries. If someone sustains severe bodily injury or death as a result of a hit-and-run accident, the offender may face up to 5 years in prison and substantial fines. Even minor injury to another person may result in up to one year in prison.

In addition, depending on the seriousness of the injuries a victim suffers, someone who is suspected to be driving under the influence may be charged with DUI causing serious bodily injury. If found guilty of this felony offense, an individual may be sentenced to a maximum of 5 years in prison and face fines of up to $5,000. License revocation and possible vehicle forfeiture are other criminal penalties that may be imposed.

July 15, 2014

Alabama Man’s Murder Conviction Upheld by Appeals Court

by Scott Grabel

On Monday, July 14, a Lawrence County man’s conviction in the 2009 murder of a couple who was found shot to death in their home was upheld by the Alabama Court of Criminal Appeals, according to a news article at WLOX 13 News. 66-year-old Charles Arthur Moore was convicted of the shooting deaths of Bailey and Betty Nichols in April of 2013. He was sentenced to life in prison without the possibility of parole.

Bailey Nichols was Moore’s business property landlord, according to the attorney general’s office. Apparently, Moore had not been paying the rent on his business and owed Nichols $2,000. Nichols and his wife were shot to death in their Lawrence County home after the two men had arranged to meet at the Nichols’ home concerning the rent Moore owed.

Moore was ultimately connected to the crime through tire tread found at the scene, a .32 caliber pistol, and a wallet containing Bailey Nichols’ belongings which were found at Moore’s residence when authorities executed a search warrant.

Soon after being sentenced to life in prison without the possibility of parole, Moore sought to have his conviction reversed on appeal. News reports do not reveal argument or grounds on which Moore or his attorneys based the appeal.

Typically, individuals appeal a conviction based on ineffective assistance of counsel, errors made in the trial or court process, improper admission of eyewitness testimony or criminal history, or other factors. Every individual who is charged with a crime has the right to a fair trial, and in some instances mistakes are made that are unfair to the defendant and may affect whether he or she is found guilty. Tragically, some individuals are found guilty of crimes they did not commit; in this case, appealing the conviction is essential.

July 15, 2014

Two Men in the Process of Smoking Heroin at Chuck E. Cheese in Orange County Arrested

by Scott Grabel

On Tuesday evening July the 8th, Costa Mesa police discovered two men who were allegedly preparing to smoke heroin inside a bathroom stall at a Chuck E. Cheese restaurant, according to a news article at NBC Los Angeles. Police Sgt. Patrick Wessel stated that the two men went to the location to meet with a drug supplier.

The two men who were arrested at the Chuck E. Cheese in Orange County located at 2300 Harbor Blvd. were Daniel Lubach, 27, and Collin Zborowski, 28. Police said that both men were determined to be under the influence of a controlled substance at the time of their arrest. Police also confiscated the drugs (heroin) and paraphernalia the two men were in possession of at the time of the arrest. Costa Mesa officers were uncertain whether the two had attempted to sell drugs at the restaurant.

Collin Zborowski faces several misdemeanor charges and one count of felony possession of a controlled substance. At the time of the report, he was being held on $20,000 bail in the Orange County Jail. Lubach faces misdemeanor charges and was released from custody on a written promise to appear.

Possession of heroin or any controlled substance is serious, regardless of the state in which an individual resides. In California, a person found guilty of heroin possession may face penalties that include up to three years in prison. For a first-time offender, probation and a brief jail stay are more likely.

In Michigan, heroin possession is also classified as a felony. The criminal penalties an individual faces if convicted depends on several factors, including the amount of heroin involved. For example, possession of less than 50 grams will result in up to four years in prison, while possession of up to 449 grams may result in a maximum of 20 years in prison. The more heroin a person is found in possession of, the more likely it is that police will suspect the individual intended to sell or distribute the drug; this could result in “trumped up” charges of possession of heroin with intent to distribute/deliver, resulting in even harsher penalties.

July 14, 2014

Indiana Man Convicted in 2012 DUI Crash that Left Police Officer Paralyzed Arrested for OWI Again

by Scott Grabel

Over the July 4th holiday weekend, a 29-year-old Pendleton, Indiana man was arrested for operating while intoxicated. According to the Indy Star, Jerrel Watkins was booked into the Madison County Jail following his arrest. Watkins was convicted of an incident in 2012 in which he was driving drunk when he caused a crash that left an on-duty police officer paralyzed.

Watkins pleaded guilty to operating a motor vehicle while intoxicated causing serious bodily injury in the incident in which a test revealed that his BAC (blood alcohol concentration) was 0.29% at the time of the crash. This is more than three times the legal limit of 0.08% in most states across the U.S.

The crash, which occurred on June 11 of 2012, took place when Santos Cortez was responding to a report of a hit-and-run and was struck while enroute by Watkins, who was trying to flee. Cortez’ patrol car struck a pickup truck before he was thrown out the front passenger side window, according to court documents. Watkins was sentenced in February of last year to three years in prison along with six months of community service. He was also convicted of public intoxication and criminal mischief earlier this year.

News reports do not indicate the charges Watkins faces in this latest DUI incident, however Michigan DUI attorneys know that the charges are likely serious, considering the defendant’s past issues with driving under the influence, and the fact that he left a police officer paralyzed.

All drunk driving offenses are serious, whether an individual is arrested for the first time, third time, or even more. DUI is a crime that results in serious criminal penalties and potential loss of freedom. In the state of Michigan, an individual convicted of OUIL causing serious bodily injury will likely face up to five years in prison and fines of as much as $5,000. Even when no one else is injured, a DUI conviction can result in jail/prison time, fines, driver’s license suspension or revocation, community service, possible vehicle impoundment, and more depending on the offense.