Michigan Criminal Lawyers Blog

June 11, 2014

Oklahoma Traffic Stop Results in DUI, Driving While License Revoked Charges

Two weeks ago, 31-year-old Aaron Joseph Zvonek was driving his pick-up truck on SH-11 just north of US 64 in Alfalfa County when he was pulled over by an Oklahoma Highway patrol trooper who could not see his license plate.

According to Alva Review- Courier, Trooper Lisa Jorgensen pulled the pick-up over just before 10 p.m. on May 27. Upon requesting Zvonek’s driver’s license, she was presented with an Oklahoma ID card. Zvonek explained that he did not have a driver’s license. Jorgensen had the driver sit inside the patrol car while she ran a check on him.

Upon checking, Jorgensen found out that Zvonek’s driver’s license had actually been revoked. In the meantime, she noticed an odor of alcohol and questioned him regarding the amount he had drank. He replied that he had drank a few beer earlier. At this point, Jorgensen went to the passenger side of Zvonek’s truck and requested the passenger step out of the vehicle. Once she had a clear view into the truck, Jorgensen saw an open can of beer in the center console’s cup holder, and five cold beers remaining in a six pack of Bud Light. Zvonek would not take a breath test, but performed several field sobriety tests when requested by Jorgensen.

Ultimately, Zvonek was charged with DUI and driving while license is revoked. He was arrested and taken to the Alfalfa County Jail.

Michigan driver’s license reinstatement attorneys understand that in certain situations, an individual whose license has been revoked has no choice other than to drive, such as in a medical emergency. However, it is fairly clear that this was not the case with Mr. Jorgensen. Why do motorists take such dangerous risks? Consuming alcohol before or during driving and doing so with a revoked license only adds fuel to the fire.

In Michigan, the penalties for operating a vehicle with a suspended or revoked license are severe and include fines, jail time in some cases, and extension of the original length of suspension or revocation time. What is a bit ironic in this situation is that the driver was determined to be driving under the influence, one of the primary reasons drivers have their licenses suspended or revoked in the first place.

June 10, 2014

Mt. Washington Drug Bust at Residence Owned by Football Assistant Coach at Mississippi State Results in Two Arrests

by Scott Grabel

On Sunday evening, two men were arrested on Mt. Washington at a home owned by Mississippi State assistant coach Deshea Townsend, according to news reports at CBS and USA Today. Authorities do not suspect that Townsend is in any way involved in the heroin bust. The property near Pittsburgh is an investment property managed by a rental agent employed by Townsend.

As law enforcement conducted the large heroin bust, neighbors in the area said that they had no idea any drug activity was going on, and that they keep an eye out on the neighborhood. Many were surprised that such a large operation was being handled at the townhouse, which was believed to be the distribution point of what authorities called a “major heroin operation.”

While investigating the home, the DEA and other law enforcement agencies discovered 16 firearms, Cuban cigars, two luxury vehicles, jewelry and cash valued at more than $100,000, and 75,000 stamped bags (1500 bricks) of heroin. The two men arrested were 35-year-old James Perrin and 33-year-old Price Montgomery.

The two suspects were pulled over early Sunday morning while driving an Audi SUV. Police found heroin in the Audi, and executed a search warrant on the home. Perrin and Montgomery are charged with illegal possession of firearms, possession of heroin, possession with intent to deliver heroin, belonging to a corrupt organization, and criminal conspiracy.

Distributing heroin and other illegal drugs is a serious problem not only in Pennsylvania, but across the country. Lawmakers and law enforcement continue to crack down on offenders as penalties become tougher in an effort to reduce the amount of drug activity that goes on in our nation. In Michigan, the criminal penalties for those found guilty of possession of heroin with intent to distribute are extremely harsh, and include 20 years to life in prison depending on the amount of heroin involved. Those convicted will also face fines of up to $1 million.

Heroin is a Schedule 1 drug; drugs in this category are the most dangerous and highly abused of all, which is why the punishment for possessing or selling these drugs is so severe. In fact, even if an individual is arrested for possessing heroin, police and/or prosecutors may attempt to “trump up” the charge to a possession with intent charge if the amount a person is in possession of seems to be more than would be considered normal for personal use.

June 9, 2014

65-year-old Arizona Woman Arrested for Running Over Construction Worker, Suspected DUI

by Scott Grabel

On Tuesday June 3, a 65-year-old San Tan Valley woman was arrested after she allegedly drove while intoxicated and ran over a 41-year-old man working in a construction zone, according to news reports at World Now. Kathleen Fleetwood, who lives in a gated community, was arrested on charges of DUI, criminal littering, criminal damage, two counts of aggravated assault, and more according to the article.

Fleetwood was driving a Buick Enclave on Tuesday afternoon on West Hunt Highway at North Gary Road where construction is ongoing when witnesses claim she hit a construction worker after sideswiping a water truck. Witnesses said that the worker was thrown into the air on impact, then landed underneath construction equipment. Fleetwood attempted to enter her gated community, but was stopped from doing so by the construction supervisor and a landscaper, who followed her Enclave from the scene of the accident.

Fleetwood allegedly got out of her vehicle and attempted to hide a bottle vodka in a bush, according to eyewitnesses. She was driving at approximately 50 mph when she drove through the construction zone and struck the worker; the speed limit in the construction zone is 35 mph. The construction worker was not killed, but was taken to a Phoenix hospital via air after suffering serious injuries. A spokesman indicated that Fleetwood faces additional criminal charges.

In the state of Michigan, DUI causing serious bodily injury is a very serious offense, leaving the accused facing harsh criminal penalties if convicted. Penalties include fines of up to $5,000, along with possible prison time of up to five years and driver’s license suspension or revocation. If someone is killed in an accident or circumstances caused by a drunk driver, the driver may face criminal penalties that include up to 20 years in prison if the victim is a highway or emergency worker.

June 6, 2014

Detroit Tax Preparer Faces Up to 2 1/2 Years in Prison for Filing Fake W-2 Forms

by Scott Grabel

35-year-old Tiffiny Coleman of Detroit recently pleaded guilty to conspiracy to present false claims to a U.S. agency according to news reports at Mlive.com. Coleman, a tax preparer, allegedly included fake W-2 forms with the federal filings of taxpayers who were oblivious to her actions, including Henry Ford Health System, two Detroit casinos, and the Detroit Medical Center. Coleman is accused of adding fake forms to about 100 returns in 2010.

In all, Coleman filed W-2 forms that claimed more than $650,000 in tax returns. Coleman pleaded guilty of taking the proceeds from the inflated returns she filed, some for businesses that did not even exist during the year for which she was filing, 2009. The IRS claims that Coleman was paid over $480,000 which was deposited into accounts at four different banks she controlled.

In exchange for her guilty plea, Coleman will face a maximum sentence of up to two years and six months in prison. She will also be fined up to $250,000, and pay restitution. Coleman is scheduled to be sentenced on October 7.

Tax fraud is a serious crime; any time an individual is dealing with the IRS, creating fake documents will leave the accused facing serious criminal penalties if found guilty. While it is intimidating for most people to be accused of any wrongdoing by the IRS, and even frightening, it is important to have a capable and aggressive Michigan criminal defense attorney on your side.

The most common tax crime is tax evasion, whereby an individual avoids paying taxes he or she owes. However, there are crimes, most of them felonies, which involve submitting false information or fake documents, such as in the case above. Those who are found guilty will face prison time of up to six years, substantial fines, even seizure of property or asset forfeiture in some cases.

June 5, 2014

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

by Scott Grabel

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.