Michigan Criminal Lawyers Blog

July 16, 2014

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

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.

July 10, 2014

Never Risk Driving with a Suspended License in Michigan

by Scott Grabel

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.