Michigan Criminal Lawyers Blog

July 10, 2014

Never Risk Driving with a Suspended License in Michigan

There are various reasons an individual’s driver’s license may be suspended or revoked, including driving while under the influence of alcohol or drugs, failure to pay child support, and multiple traffic infractions. Regardless of why your license was suspended, driving on a suspended or revoked license could leave you facing consequences that are even more serious.

As experienced Michigan driver’s license reinstatement attorneys, we understand that there are situations that are real emergencies, times when it is all but impossible to avoid driving. However, running to the convenience store for a pack of cigarettes is not an emergency, nor is driving your children to school or attending a doctor’s appointment. When your license is suspended or revoked in the state, that is one of the hardships – you must find other means of transportation, whether a friend, family member, taxi cab, bus, etc.

What is the harm in driving when your license has been suspended? You know you won’t get caught – that’s what many people who DID get caught thought before getting behind the wheel. When you get into a vehicle, you have no idea what is ahead of you. One example of this:

Recently, a Massachusetts man crashed into a 20-year-old jogger who had stopped to talk with a friend on a sidewalk. Haley Cremer died, and now 44-year-old Jeffrey Bickoff is facing charges of vehicular homicide, speeding, and driving with a suspended license. Had Bickoff not made the decision to get behind the wheel, Cremer would likely still be alive – and Bickoff would not be facing vehicular homicide charges.

While this is an extremely serious situation, you could be hit by another vehicle while driving, be pulled over for a tail light that isn’t functioning properly, or for any number of reasons. The fact is, driving on a suspended license will lead to fines, doubling the length of the original suspension period, and possible even jail time depending on your case. Is it really worth the potential penalties, or even possibly finding yourself in a situation similar to the above?

July 9, 2014

Texas Man’s Death Sentence Appeal Refused by Federal Appeals Court

by Scott Grabel

In May of 2008, Randall Mays, who is now 54 years old, was sentenced to death after being convicted of murdering two Henderson County deputies in Texas, according to the Athens Review. Mays reportedly fired shots that killed the deputies as they responded to a residential disturbance in Payne Springs in May of 2007. The shots fired by May took the lives of HCSO Investigator Paul Habelt and Henderson County Sheriff’s Department Investigator Tony Ogburn. Another deputy was also seriously injured in the shooting.

In September of 2009, the first appeal of Mays’ death sentence was appealed by his attorney. One year later, another appeal was filed claiming ineffective assistance of counsel. Mays’ attorneys claimed that the death penalty was unconstitutional because Mays is mentally ill. An individual who is sentenced to death in Texas is entitled to an automatic appeal to the Austin Criminal Appeals Court under the Texas Code of Criminal Procedure.

Ultimately, the first round of appeals for Mays were rejected and his execution date was scheduled for August 23 of 2011. All of the defendant’s state appeals had been exhausted, but Mays was informed that an appeal to federal court would be the only method of preventing his execution. A stay of execution was granted by the U.S. District Court for the Eastern District of Texas so that the appeal could proceed, although the U.S. Supreme court had denied his appeal earlier. On Monday, July 7, the 5th U.S. Circuit Court of Appeals refused Mays’ appeal of his death sentence.

There are many reasons an individual’s sentence may be appealed, depending on the defendant’s state of residence. While there is no death penalty in the state of Michigan, those sentenced for violent or serious crimes may wish to appeal their sentence or even conviction based on such grounds as errors in the criminal justice system, ineffective assistance of counsel, even wrongful conviction. Judges, attorneys, law enforcement, even jurors can make mistakes which may work to the benefit of the defendant. No matter how serious a crime, all people in the U.S. have the right to a fair trial. Sometimes, the process of trying someone for a criminal offense is anything but fair.

July 9, 2014

July 4th Holiday Weekend Ends in Increased DUI Arrests Across the Nation

by Scott Grabel

It probably comes as no surprise to most people reading this article that Independence Day is the deadliest holiday on the calendar for motorists in the U.S. in recent years. This past weekend, several states participated in “no refusal” DUI checkpoints, a controversial initiation in which drivers have no choice but to have their blood tested for blood alcohol content level. Some of the states that participated included Florida, Oregon, Tennessee, and Texas. News reports claim that the states and counties that participate have a judge on call to issue search warrants so that blood can be taken and tested.

Over the long July 4th weekend (between Thursday and Saturday) in 2014, 389 people were arrested for suspicion of driving under the influence in Arizona, according to a news report at CBS 46. This was an increase of 28 arrests over 2013 in the state. Another report claims that in Houston, Texas (Harris County), 192 people were arrested for suspected DUI – this is in a single county. This county participated in the “no refusal” initiative, perhaps one reason so many people were arrested.

Not surprisingly, many people oppose the no refusal initiative, claiming that it violates Americans’ protection against searches and seizures under the Fourth Amendment. Gregory P. Isaacs, a defense attorney in Tennessee, stated that “This law really opens Pandora’s box on virtually every DUI stop and weakens all of our fundamental freedoms.”

As seasoned Michigan DUI defense lawyers, we know that people celebrate many holidays by enjoying a couple of beers, a few drinks, or a glass or two of wine. While there is nothing at all wrong with that, choosing to get behind the wheel of an automobile may be a choice you regret. Drunken driving is a serious offense in Michigan and across the nation, and could result in serious or even fatal injury to yourself or other innocent people. Just don’t do it.

July 8, 2014

Florida Teens Arrested for Allegedly Distributing Marijuana Following Traffic Stop

by Scott Grabel

Two 18-year-old teens were recently arrested in Charlotte County, FL following a traffic stop for suspicious activity, according to a news article at NBC 2. The driver of a white Pontiac Vibe, Keri Lee Bauch, and her passenger, Brennon Tyler Osborne, were arrested after a large quantity of marijuana was discovered in the vehicle.

Deputies began following the Vibe in the area of Taylor Road and North Jones Loop Road as the vehicle continued onto northbound I-75. News reports do not indicate what the suspicious activity was, only that deputies pulled the Vibe over after the driver sped up to speeds faster than the speed limit.

Deputies requested permission to search the vehicle after explaining why they pulled Bauch over; she declined consenting to the search, so a K9 deputy was called to the scene. Both occupants were asked to get out of the vehicle. When Osborne exited the car, deputies claim a plastic bag containing a considerable amount of marijuana was visible under the edge of the seat. In all, deputies seized several bags containing more than 220 grams of marijuana while searching the vehicle.

Both teens were charged with possession of marijuana with the intent to distribute, possession of drug paraphernalia, and possession of more than 20 grams of marijuana. At the time of news reports, both were being held on $17,500 bond each in the Charlotte County Jail.

In Michigan, possessing 5 kilograms or less of marijuana with the intent to distribute or sell the marijuana will result in criminal penalties that include up to four years in prison and fines of up to $20,000 for those convicted. The more weed involved in the crime, the more severe the penalties.

The punishment for various drug crimes in Michigan varies depending on the type and amount of drug involved, the schedule the drug falls into (1, 2, 3, 4, or 5), and the accused individual’s past criminal history. Whether the crime occurs within close proximity of a school, park, church, or home may also factor into the punishment handed down to someone found guilty of the crime.

July 7, 2014

Josh Gordon of Cleveland Browns Charged with Driving While Impaired

by Scott Grabel

On Saturday July 5th, Cleveland Browns’ wide receiver Josh Gordon was arrested on a charge of DWI in Raleigh, NC according to a news article at USA Today. Gordon has a history of drug issues, and was pulled over in the early morning hours after a police officer spotted him driving 50 mph in a 35 mph zone.

According to Jim Sughrue, police spokesman, Gordon was taken to the Wake County Detention Center after being pulled over on U.S. 70. It was not clear whether Gordon was arrested for DWI because of alcohol or another substance, and when asked, Sughrue said that he could not comment on testing Gordon had undergone, or the results of those tests. It was revealed however that Gordon’s blood alcohol content (BAC) was .09, just above the state’s legal limit of .08. Gordon admitted that he had consumed three drinks. An article at ESPN stated that there were no drug charges filed against Gordon, and that he was released after posting a $500 bond.

Gordon is scheduled to appear in court on the charges on August 26; at 23 years old, he could potentially face suspension by the NFL for one season due to a failed drug test. According to news reports, Gordon was stopped for speeding in early June, and was suspended in 2013 for four games due to the use of codeine, however he played two of the games without pay.

Driving while impaired, driving under the influence, operating while intoxicated – all of these terms are usually associated with consuming alcohol, although an individual may face the same charges for operating a motor vehicle while under the influence of illegal or narcotic drugs as well.

Individuals who are arrested on charges of driving under the influence face serious consequences if convicted. In the state of Michigan, a first offense will leave the offender facing up to 93 days in jail, fines, driver’s license suspension, community service, and more. A third offense is a felony, with criminal penalties that include up to five years in prison, fines of as much as $5,000, driver’s license revocation, possible vehicle forfeiture, and other penalties.

July 4, 2014

South Carolina Sheriff’s Deputy Involved in Moped Crash was Driving on Suspended License

by Scott Grabel

Just over two weeks ago, a Marion County SC Sheriff’s deputy was involved in a crash with a man driving a moped. The man riding the moped, 68-year-old Kenneth Killingsworth, died. It was after the tragic accident that it was discovered the deputy’s driver’s license had been suspended.

According to a news article at CBS 46, the accident occurred in south Mullins near U.S. 76 on Gapway Street. The dash camera in the deputy’s vehicle was inoperable due to a lack of funding, so the accident was not captured on video. There was visible damage to the windshield of the patrol car, and pieces of the moped were scattered along the street. News reports do not indicate the speed of the patrol vehicle or moped at the time, or how the accident occurred.

The Marion County Sheriff’s office did some checking, and found that the deputy was driving on a suspended license. He has been placed on leave since the accident, without pay. According to Sheriff Mark Richardson, a license check was performed when the deputy was hired on to the department in August of 2013, and again in January of this year prior to the deputy going to the South Carolina Criminal Justice Academy. Another check had not been done since that time, and the deputy’s license had been suspended in February after he neglected to pay a traffic violation in another county.

While it is tragic that a man lost his life in an accident, this is one example of why no one should drive on a suspended license. Michigan driver’s license reinstatement lawyers know there are emergency situations in which someone with a suspended or revoked license will take the chance. Many people with suspended licenses even drive when there is no emergency situation, thinking they will never get caught. An accident can occur at any time, as indicated in this tragic story. Driving on a suspended or revoked license will result in an even longer suspension period, fines, and possibly jail time.

In cases where someone who is driving on a suspended license is involved in an accident and an individual is killed, the driver may be charged with a felony offense and face up to 15 years in prison, along with other penalties.

July 3, 2014

Celebrating Independence Day – Safety Tips for the July 4th 2014 Holiday

by Scott Grabel

While many people don’t think about the real meaning of Independence Day and the fact that this federal holiday celebrates the adoption of the Declaration of Independence on this date in 1776, many people do enjoy getting a day off from work. For most, it is a day to relax, maybe enjoy a backyard barbecue with friends and neighbors, or attend a fireworks display.

If you live in a city that allows it, you may be planning on shooting off a few fireworks yourself for your children to enjoy. Regardless of what activities you and your family choose to engage in, having a few beers or drinks may be part of the plan as well.

At Grabel & Associates, we want you to enjoy a fun and relaxed holiday, but we also want you and your family to be safe this July 4th. Here are a few safety tips to keep in mind so that everyone enjoys a great time and can look forward to next Independence Day:

July 3, 2014

Detroit Suburb Shooting Leaves Two-Year-Old Dead

by Scott Grabel

On the evening of Tuesday, July 1, a two-year-old toddler was killed and two other people injured in a Detroit suburb shooting, according to Michigan State Police who were canvassing the neighborhood at the time in search of information regarding a motive or suspect. Now, police have taken a suspect into custody who they believe was involved in the Inkster shooting, according to news reports at Mlive.com.

Other than the two-year-old victim, a 34-year-old man and 12-year-old girl were shot as the three sat on the porch at the home. Michigan State Police told the Associated Press that a single shooter was involved, although eyewitnesses have provided different accounts of whether the suspect left the scene of the crime on foot, got into a waiting car, or fled in a van after firing the gun at the victims. The 12-year-old girl was said to be in critical condition, and the man in stable condition.

On Wednesday July 2, police discovered that the shooting was in retaliation for an incident that occurred in April at an after hours club near the high school. They have taken in a suspect after speaking with the man, who was the two-year-old victim’s father. While the suspect was not named in news reports, he was located at his girlfriend’s home in Brownstown Township and taken into custody. Police are also now seeking a second suspect in the incident.

Michigan criminal defense attorneys would agree that the suspect, who thus far has not been identified, will face serious charges in this case, probably murder or homicide charges. Depending on whether the suspect pleads guilty or goes to trial, he could face up to life in prison if convicted by a jury. In cases where a person is charged with open murder, the jury will decide whether the offender will be charged with first- or second-degree murder.

All homicide charges are extremely serious, and will leave the offender facing a substantial number of years to life in prison if convicted. First-degree murder, the most serious of all charges, will result in life in prison. Second-degree murder (murder that is not premeditated or committed in conjunction with other crimes such as larceny, kidnapping, home invasion, robbery, and other offenses) will result in a prison term of any number of years to life.

July 2, 2014

Passenger on Motorcycle Hit and Killed by Drunk Driver in Atlanta

by Scott Grabel

On Sunday, June 29, 33-year-old Ellie Morris was killed in an accident involving the motorcycle she was a passenger on and a car allegedly driven by a drunk driver. The accident took place on the southbound side of the I-75/85 connector in Atlanta, according to a news article at CBS 46.

The motorcycle on which Morris was riding was driven by 37-year-old Saahir Salahuddin. The driver of a Hyundai Sonata, Jessica Johnson, was attempting to move into the left-hand lane so that she could access I-20 when she struck the back of the motorcycle. Upon impact, Morris fell off of the motorcycle and was then struck by Johnson’s car.

Salahuddin’s motorcycle then struck the median. He went to where Johnson’s car was stopped and called Morris’s name before leaving the scene of the accident on the motorcycle. When police apprehended him later at Grady Memorial Hospital, they arrested him and charged him with hit and run, first-degree vehicular homicide, and receiving a stolen auto.

Johnson, the driver of the Hyundai that caused the accident, was given a field sobriety test and breathalyzer test. Police claim her BAC (blood alcohol content) was .209, more than twice the legal limit of .08. She was charged with DUI alcohol and first-degree vehicular homicide.

Any time someone dies as a result of drunken driving it is tragic. Even sadder is the fact that death due to DUI is fairly common across our nation.

Anyone who is arrested or charged with DUI causing the death of another person must consult with a skilled Michigan DUI attorney right away. In Michigan, an accident such as the one above may result in DUI causing death or drunk driving manslaughter charges. This is a very serious charge that will leave the offender facing up to 15 years in prison if found guilty. Even more frightening is the fact that prosecutors could decide that the defendant should be charged with murder, a life offense.

July 1, 2014

Prince William County Drug Sting Results in Arrests of 68 Individuals

by Scott Grabel

In recent days, police and various law enforcement agencies performed a sting operation that resulted in the arrests of 68 individuals in the Prince William County area of Virginia, according to Potomac Local. Suspects were also found in Manassas and Manassas Park.

Police in Prince William dubbed the drug operation “dragon slayer.” Some of the substances the operations was targeting included heroin, prescriptions drugs, cocaine, marijuana, and ecstasy. The 68 arrests came at the end of the investigation, which was conducted by Prince William County, Manassas city, and Manassas Park Narcotics Task Force.

Reports claim that search warrants were executed at 13 locations and that six additional locations were also searched. Warrants were also obtained by police for 86 individuals. Investigators seized multiple firearms, drug paraphernalia, and more than $100,000 in cash in addition to the drugs.

In November of 2013, 40 individuals were arrested in Prince William under “Operation Blue Dragon.” In these latest arrests, police not only enforced Virginia law, but made educational materials, staff, and other resources available to arrestees in an effort to help the individuals understand substance abuse and pursue the help they need.

While news reports do not indicate the specific charges those involved face, Michigan drug crime attorneys know the consequences of being convicted of the possession or distribution of illegal drugs and narcotics. Depending on whether an individual is charged with possession of a drug, or possession with intent to distribute or deliver, the criminal penalties in Michigan may range from jail time to a substantial number of years or even life in prison, along with thousands or even millions in fines. Other factors which determine criminal penalties include the type and amount of drug involved, and the individual’s criminal history.