Michigan Criminal Lawyers Blog

June 5, 2014

Dina Lohan has Driver’s License Suspended for Drunk Driving Incident

Last September, Lindsay Lohan’s mother Dina was arrested in Long Island for speeding and driving while intoxicated. Lohan, who is 51, was said to have been celebrating her birthday and claimed she was running from paparazzi when the unfortunate incident occurred.

According to US Magazine, Lohan was not ordered to serve jail time when she was sentenced on Tuesday, June 3; however, she was ordered to serve 100 hours of community service and pay $3,000 in fines. Her driver’s license was also suspended. News reports indicate that Lohan’s blood alcohol content (BAC) was .20%, more than twice New York’s legal limit of .08%.

Dina Lohan pleaded guilty in May, and escaped the jail/probation time traditionally dispensed in the District Court of Nassau County, according to her attorney Mark Jay Heller. Heller said that a screening evaluation concluded that Lohan has no substance or alcohol abuse issues, and that she escaped jail time and the traditional three years probation because of her prior arrest history, which is clean.

While Lohan escaped incarceration and probation, Michigan driver’s license reinstatement attorneys know the issues faced when an individual’s driver’s license is suspended. In Michigan, a first DUI will result in 30 days of suspension, followed by 150 days of restricted driving. Individuals whose licenses have been suspended may not drive for any reason. During the restricted driving period, most are allowed to drive only to and from specific destinations, such as work or school. Some may be limited to driving at a specific time of the day or night.

Multiple DUI convictions can result in a lengthier suspension period or even permanent revocation of a person’s driver’s license. When a person’s license is revoked, there is no guarantee it will be restored at the end of the revocation period. Ultimately, regaining the privilege to drive when and where you want to may prove to be extremely difficult.

June 4, 2014

New York Woman Arrested for DUI, Driving While Impaired by Drugs Following Crash in Brookhaven

by Scott Grabel

On June 3, 55-year-old Anna Maria Fitchett of Mastic, NY was arrested after crashing her vehicle in Brookhaven, according to news reports at Newsday.com.

Fitchett was driving a 2008 Nissan Maxima and had a male passenger riding in the vehicle with her when she plowed into a pickup truck parked on the side of Montauk Highway. Fitchett was driving in an eastbound direction when the accident took place, according to police. Both Fitchett and the passenger sustained minor injuries and were taken to Brookhaven Memorial Hospital Medical Center in South Patchogue. After being treated for their injuries, both were released.

Fitchett was charged with DUI and driving while ability impaired by drugs, according to news reports. There was no indication of whether it was her first DUI or drug offense.

Many people assume that a charge of driving under the influence relates to being impaired by alcohol to an extent where the driver cannot safely operate a vehicle. The fact is, driving under the influence can also pertain to drugs that impair an individual’s ability to drive. Certain illegal and narcotic drugs can impair a person’s ability to think rationally or slow their reflexes. Cocaine, methamphetamine, marijuana, heroin, and even prescription medications such as oxycodone or hydrocodone can affect someone’s ability to operate a vehicle in a safe manner.

For a first-time DUI offense involving alcohol in Michigan, the penalties are serious and include potential jail time, fines, driver’s license suspension, community service, and more. A first offense OWPD (operating with the presence of drugs) will result in the same penalties as driving under the influence of alcohol. This applies to those determined to have a Schedule 1 drug in their system while operating a vehicle.

June 3, 2014

Athens, Alabama Man Arrested for DUI Following Fatal Accident

by Scott Grabel

On Saturday, May 31, a 73-year-old Athens, Alabama man was killed in an accident that occurred less than a half-mile from his home when he was struck by 49-year-old Rickey Wade Adams. Authorities say that while he was not thrown from his vehicle, the victim was not wearing a seat belt.

The victim, Harvey Moore, was driving his car in an eastward direction on New Garden Road when the Ford pickup truck being driven by Adams crashed into him, according to a news report at The News Courier. The accident took place at approximately 5 p.m. Moore was pronounced dead at the scene. While the crash is still under investigation, Adams has been charged with driving under the influence.

Investigators would not release Adam’s BAC (blood alcohol content), according to public information officer Sgt. Steve Jarrett of the state’s Department of Public Safety. Jarrett said, “The BAC will be part of the investigation, which is ongoing and not public record per state law.” It could also be that at some point, district attorneys decide to file murder charges against Adams and dismiss the DUI charge, according to Jarrett.

In Michigan, a first DUI offense is charged as a misdemeanor when no bodily injury, death, or property damage is involved. A simple DUI conviction will leave the defendant facing penalties that include up to 93 days in jail, driver’s license suspension, and fines of up to $500. However, when someone is seriously injured or loses his or her life in an accident in which the other driver was intoxicated, the consequences become much more serious.

OUIL (Operating Under the Influence of Liquor) causing death or manslaughter in the state of Michigan will leave those charged facing up to 15 years in prison if convicted. Should the victim be an emergency or highway worker, the penalty increases to up to 20 years behind bars. In addition, prosecutors may decide to charge the accused individual with murder which could result in life in prison if convicted.

Any DUI charge is serious, as those who are arrested or charged face not only steep fines, license suspension, and possible loss of their freedom, but damage to their reputation and career as well. A criminal record will have a negative affect on various aspects of the defendant’s life, including employment opportunities.

June 2, 2014

Michigan Court of Appeals Upholds Kent County Man’s Sexual Assault Conviction

by Scott Grabel

On Friday, May 30, the Michigan Court of Appeals ruled that a Kent County man’s rights were not violated when a judge informed a jury who could not come to a decision on the man’s guilt or innocence of the costs to retry him, according to Mlive.com.

The defendant, 51-year-old Duane Craig, allegedly groped a 9-year-old girl’s private parts in January of 2012. He was tried in June of 2012, when the jury informed Kent County Circuit Judge Donald Johnston that they could not come to a decision; the jury was deadlocked. Johnston then urged members of the jury to continue deliberating and seek resolution in the case, going on to say “It will simply require the consumption of more time and expense to achieve that result.” Johnston explained to the jurors that he doubted that the next group of 12 individuals who would serve as jurors if this jury could not agree on the verdict would be any smarter of more gifted in coming to a conclusion after hearing the same facts and evidence.

After listening to the judge’s statements, the jury found Craig guilty of second-degree criminal sexual conduct the same day. Craig’s defense lawyers requested that the guilty verdict be overturned by the appeals court, claiming that mention of the time and expense of retrying their client by the judge would make members of the jury feel as though they had failed their civic duty and purpose.

Appeals Court judges upheld Craig’s conviction, finding that the judge did not violate the defendant’s right to a fair trial. Prior to 2007, discussing retrial to a jury was not permitted due to a ruling by the Appeals Court; in 2007, the Supreme Court overturned that decision, making it appropriate to discuss retrial with jurors.

Michigan criminal appeals attorneys know how tough it is to win an appeal with the Michigan Court of Appeals. However, when defendants’ rights are clearly violated or errors made in the criminal justice process, it is the defendant’s right to challenge the outcome. There are in fact innocent people who remain in prison for crimes they did not commit. The criminal justice system is not perfect; defendants have Constitutional rights that must be protected, and police, prosecutors, jurors, even judges, may make mistakes.

June 2, 2014

Tennessee Men Face Drug, Other Charges Following Chase for Seat Belt Violation

by Scott Grabel

On Saturday, May 31, two men were arrested and charged with drug, traffic, and weapons offenses following a chase by an officer who was attempting to pull the men over for a seat belt violation. According to The Leaf Chronicle, the incident occurred in Clarksville and resulted in the arrest of 20-year-old Charles Marqueese Riley, and 31-year-old Michael Paul Hunt.

Riley was allegedly driving the vehicle; according to the news article, Hunt was observed by the officer not wearing a seat belt. When the officer attempted to stop the vehicle as it turned onto Commerce Street, Riley continued on running traffic lights and stop signs before eventually coming to a stop in the 400 block of Wall Street. During the chase, the officer noticed that a plastic bag and weapon were tossed from the vehicle in the area of Hiter Street. A sheriff’s deputy then went to investigate and discovered 6.3 grams of marijuana in the plastic bag, along with a .357-caliber handgun.

While both men are facing several charges, Riley is charged with possession of marijuana, DUI, violation of the state’s implied consent law, felony evading arrest, driving on a revoked license, tampering with evidence (two charges), and more. Riley had been found guilty of aggravated robbery approximately 18 months ago according to a warrant. Hunt, the passenger of the vehicle, faces simple drug possession charges along with tampering with evidence and convicted felon in possession of a firearm.

In Tennessee, possessing any amount of marijuana is a misdemeanor offense when it is the individual’s first offense. A conviction will result in fines of up to $2,500 and up to one year in jail. In the state of Michigan, a first offense for possession of pot is also a misdemeanor, one that will leave the accused facing up to one year in jail and fines of up to $2,000. However, according to the Michigan Penal Code 333.7401, anyone who is found to be cultivating marijuana plants (or in possession of plants) will face a minimum of four years in jail and a maximum of 15 years in prison, depending on the number of plants involved.

It is important to note that individuals who have a medical marijuana license may legally possess up o 2.5 ounces or 12 plants. However, even those who are permitted to grow or possess pot may face criminal charges in situations where they have more than allowed by law.

May 30, 2014

DUI and Reckless Driving Not the Only Grounds for Drivers License Suspension in Michigan

by Scott Grabel

Most people know that driving under the influence of alcohol or other intoxicating substances can result in license suspension. Speeding and reckless driving can also result in suspension. While these examples are actually related to the act of operating a vehicle, there are other reasons your license could be suspended that are not directly related to driving.

For example, in Michigan and all other states except four, failure to comply with a child support order will result in suspension of your driver’s license. While the violations that may result in license suspension vary from state to state, some non-driving offenses include:

Drug-related conviction (possession, distribution, trafficking of marijuana, cocaine, heroin, other illegal narcotic substances)
Unlawful use of driver’s license or altered license
Using fictitious or altered license plates on a vehicle Failure to appear in court for ticket and/or moving violation, or failure to pay Dept. of Motor Vehicle fine
Not having proper insurance coverage on an automobile

Other offenses that are driving-related can lead to suspension of your driver’s license, depending on the state in which you live. Across all 50 states in the U.S., those who violate ‘implied consent laws’ may face automatic license suspension. Implied consent laws pertain to taking a breath test if asked by an officer if you are suspected of driving under the influence of alcohol. If you refuse to take a test, your license may be suspended. Many people are not aware of implied consent laws, however when you obtained your driver’s license you did so with the understanding that you must comply with testing when requested by police.

Other offenses which may cause you to lose your driving privilege in Michigan include leaving the scene of an accident. It is important to note that accumulating points for various violations such as speeding, road rage, or even failure to obey traffic signs and signals can result in driver’s license suspension. In Michigan, once you accumulate 12 points your license will be suspended. Considering that reckless driving results in six points and speeding 16 mph or more over the limit results in four, you can see it does not take long to rack up the points.

May 30, 2014

Tale of $10,000 Diamond Ring Theft in Kentwood Difficult to Swallow

by Scott Grabel

On May 16, Devontea Clifford Evans was admiring a $10,000 diamond ring in a Kentwood Zales Jewelry store located in Woodland Mall when according to police, Evans and the ring disappeared. Evans, who is 23 years old, denied having the ring when he was apprehended in the parking lot by mall security guards.

After reviewing video camera footage of the parking lot and mall on which it appeared Evans swallowed the ring, the suspect was taken to the Kent County Jail. After some careful consideration about how corrections officers could retrieve the diamond ring, a search performed on Evans a bit later revealed the ring was in his pants – which led to officers suspecting that the ring may have been hidden in another orifice.

Wherever the ring was ultimately hidden, Evans now faces charges of first-degree retail fraud as a third-felony offender. A resident of Hazel Park, Evans allegedly has a long criminal record in both Detroit and New Jersey, and is wanted on a warrant in Detroit. If tried as a third-felony offender, Evans will face up to 10 years in prison. The prosecutor’s office has offered Evans the opportunity to plea as a second-felony offender, which would decrease prison time to a maximum of 7 1/2 years.

In Michigan, first-degree retail fraud involves the theft of merchandise valued at more than $1,000. Theft can occur not only by an individual physically taking an item, but also by altering the price tag of an item in some way so as not to pay the full price. Theft or retail fraud can also be accomplished by taking a product back for a refund or exchange when it was never paid for initially, and the product still belongs to the store.

May 29, 2014

Florida Woman Convicted and Sentenced to 33 Years in Road Rage Incident Gets New Trial

by Scott Grabel

In April of 2010, Andrea Zampatti was involved in a road rage incident that resulted in injury to several individuals. She was convicted in 2013 of 14 felony charges by Judge Edward Hedstrom in a St. Johns County circuit court, and sentenced by the judge to 33 years in prison.

Zampatti was convicted by the judge on charges of aggravated attempt to elude with serious injury, aggravated battery on a law enforcement officer with a deadly weapon, aggravated assault on a law enforcement officer with a deadly weapon, six counts of aggravated assault with a deadly weapon, and more. Zampatti is getting a new trial after the 5th District Court of Appeals ruled that she was not able to make an informed decision when she gave up her right to a trial before a jury in 2013.

A report issued by the Florida Highway Patrol in 2010 states that Zampatti was driving in Ponte Vedra Beach on State Road A1A when she struck a bicyclist, a truck with two occupants, a deputy’s car, a driver of a scooter, and a Chevrolet Lumina. Zampatti’s defense attorney used an insanity defense, however the judge ruled against it.

An appeals court judge wrote in the ruling that the benefits of having a jury trial were not explained to Zampatti at the time. The appeals court said there is nothing on record that indicated that Zampatti was aware she could demand a jury trial when her defense lawyer desired a non-jury trial. Ultimately, Senior Judge Charles Harris concluded “having knowledge that your attorney asked for a non-jury trial is not the same as ‘knowingly, voluntarily, and intelligently’ waiving you rights to a jury trial.” On Friday, May 23, Zampatti won an appeal for a new trial. John Trevena, her defense attorney, said that a plea agreement may be negotiated with the state, or the case could go before a jury.

Michigan criminal appeals attorneys know how difficult it is to win an appeal, whether appealing a conviction or sentence.

Many individuals who are found guilty of crimes are not aware that they may have other options. A person may be sentenced to 10 years in prison for a sex crime, life for murder, or any number of years for a drug offense. Regardless of the situation, defendants have a right to appeal a conviction or sentence when there are strong facts or legitimate reasons that support it. In this instance, it appears that the defendant was not made aware that she could insist on a jury trial, and the benefits of that type of trial versus a non-jury trial.

May 28, 2014

Broward County Florida Judge Arrested for DUI

by Scott Grabel

On Tuesday May 27, Florida Broward Circuit Judge Lynn Rosenthal was arrested for DUI after her vehicle collided with a parked sheriff’s patrol car in a parking lot behind the courthouse, according to news reports at CBS Miami. She was arrested shortly after 8 a.m.

Ted McClode who witnessed Rosenthal trying to walk from her vehicle said that she “had a hard time doing it.” A breathalyzer test was administered, however it registered .000 for alcohol. Rosenthal claimed that the reason for her behavior was that she had taken Ambien (a sleep aid) the night before, but she did refuse to give urine or blood to be tested. According to investigators, Rosenthal failed heel to toe step field sobriety tests and could not maintain her balance.

Two deputies witnessed the collision in which Rosenthal’s black SUV struck the parked sheriff’s patrol car near the entrance to a parking garage. One of the deputies claimed that he saw her strike the patrol car along with a closed gate at the parking lot. When asked if she was injured, the judge replied that she was not hurt and was not injured in the “other” crash she had been in earlier in the morning in which she alleged that a truck attempted to run her off the road. Upon producing her cell phone to show a video of the incident, Detective Michael Wiley said that Rosenthal was drifting across lanes on I-595 and eventually went to the breakdown lane before striking a concrete barrier wall. He claims there was no truck or other vehicle operating in a manner that influenced the judge’s path of travel.

Rosenthal was charged with DUI with property damage and DUI first-offense. She is the third Broward judge arrested for driving under the influence over the past six months according to news reports.

Michigan drunken driving attorneys know that anyone can be arrested for DUI. As indicated in this story, judges are human just like the rest of us. Mistakes are made, and although it appears that Judge Rosenthal was impaired after taking Ambien rather than due to alcohol, her ability to operate her vehicle safely was affected. Most people associate DUI charges with alcohol, and while this is usually the case, individuals may be charged with driving under the influence when there are other substances such as illegal or prescription drugs in their systems.

Regardless, the criminal penalties for those convicted of DUI are serious. Depending on factors including whether it is a first or subsequent offense, penalties may include steep fines, jail time, driver’s license suspension, community service, or even successful completion of an alcohol program.

May 28, 2014

Arrest Raid Conducted in Maine & Massachusetts Results in at Least 12 Drug-Related Arrests

by Scott Grabel

On Thursday May 22, at least 12 individuals were arrested following arrest raids conducted by more than 60 law enforcement officers in Auburn and Lewiston. According to the Portland Press Herald, a federal investigation had been ongoing for several months as authorities worked to uncover those involved in the trafficking of cocaine, oxycodone, and heroin in Androscoggin County. Portland U.S. District Court records indicate that authorities expected to make additional arrests in the coming days.

Several agencies worked together in conducting the arrest raids including the FBI, the U.S. DEA, Lewiston and Auburn police departments, Maine State Police and DEA, federal Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), and U.S. Customs and Border Protection. In the course of the arrests, authorities also seized firearms, drugs, and at least one vehicle according to Lewiston Police Chief Michael Bussiere.

On May 20, a federal grand jury in Portland returned a nine-count indictment that led to authorities securing arrest warrants for 16 people. On the morning of May 22, law enforcement authorities began bringing those who had been arrested to courtrooms to face the judges on charges which range from unlawful use of a communication facility to felony drug trafficking conspiracy. Punishment for the drug offenses range from four years in prison to fines of as much as $5 million and 40 years in prison, according to the article.

Romelly “Marcus” Dastinot, a 33-year-old Lewiston resident, was the lead name on the indictment. He was arrested on charges of possession with intent to distribute oxycodone related to a March 22 incident, and conspiracy to traffic more than 100 grams of heroin, 28 or more grams of cocaine, and oxycodone in connection with offenses ranging over a time period beginning in early 2012 and continuing through May of this year. Others arrested in the raid range in age from 22 to 52.

All crimes involving illegal drugs or narcotics are serious, whether an individual is accused of being in possession of an illicit substance, manufacturing the drug, or distributing/delivering it. Naturally, someone who is found to be trafficking drugs will face punishment that is more severe than someone who possesses a small amount of marijuana or meth; however, the consequences can affect you for life. An arrest and conviction will leave you with a criminal record, and possibly a ruined reputation and career.