Michigan Criminal Lawyers Blog

May 27, 2014

Snohomish County Judge Cannot Sentence Man Arrested for 16th DUI as Harshly as She Would Like

On Tuesday May 20, Snohomish County Superior Court Judge Marybeth Dingledy sentenced 53-year-old Timothy Hansen to three years in jail. She would have sentenced Hansen to prison she said, but cannot send him there due to Washington law. While Hansen has been arrested 16 times for driving under the influence and convicted nine times over the past 27 years, he has not been convicted four times within a 10-year period.

Under Washington law, an individual must be convicted for DUI four times within 10 years to be charged with a felony and receive prison time. According to a news article at KIRO TV, Hansen has pleaded to lesser charges so therefore has three convictions during a 10-year time period. The judge did sentence him to three years in jail, which was more than the prosecutor in the case had requested. Judge Dingledy said at Hansen’s sentencing hearing “Given how many chances you’ve had I can’t give you another one. I’m going to hit you with everything.”

The judge also told Hansen that it amazed her he had not hurt anyone as many times as he has driven while intoxicated. While he refused the breathalyzer in his latest arrest, it was found that Hansen’s BAC (blood alcohol concentration) was more than twice the legal limit when blood was drawn by doctors a few hours later.

In the state of Michigan, individuals who are determined to be operating a vehicle with a BAC of .17% or more (twice the legal limit of .08% in Michigan) will be charged with a super drunk OWI offense. A first high BAC offense leaves the accused facing criminal penalties that include fines of up to $700, up to six months in jail, driver’s license suspension for one year, and more if convicted.

May 23, 2014

Detroit Police in Pursuit of Hit-and-Run Driver Who Left 8-year-old Girl Seriously Injured

by Scott Grabel

On Monday May 19, 8-year-old Kamari Smith was struck by a silver Dodge Charger as she was waiting with a group of kids to get ice cream from a truck on Robson Street. The vehicle fled the scene; police have been searching for the driver since the hit-and-run accident, and believe it may be the vehicle that was recently investigated by arson detectives after an auto fire was reported.

As of last news reports, Detroit Police Sgt. Michael Woody would not confirm or deny whether it was the burned out vehicle that had struck the little girl. As of Wednesday, the owner of the vehicle had been identified, but had not been interviewed. Kamari was reported to be in critical condition at the Detroit Medical Center Children’s Hospital.

Neighbors in the area said that it wasn’t the first time they had seen the silver or gray colored Charger in the neighborhood. A friend of the girl’s said that when she came outside, she saw Kamari on the ground. Ronald Cummings, who lives on the block, said that he came outside after hearing a loud thump, and saw Kamari laying in the street while the Charger sped away.

Family members were pleading for the person driving the Charger to turn him- or herself in, saying that they knew the person did not hit the little girl intentionally. The ice cream truck is said to have had its stop sign displayed, however the Charger allegedly sped around the truck, striking Kamari as she came around the front of the truck.

May 22, 2014

Massachusetts Public Transportation Bus Driver Has License Revoked Following Accident

by Scott Grabel

Shanna Shaw, an MBTA (Massachusetts Bay Transportation Authority) bus driver, had her driver’s license revoked following a

Photo by MBTA

crash on May 18 that sent nine individuals, including Shaw, to the hospital for treatment of injuries. According to CBS Boston, all suffered only minor injuries in the crash that was said to be caused by a sneeze.

Shaw claimed that her sneezing caused the crash, however she also admitted that at the time, she had a cell phone in one hand and another object in the other hand. The crash took place at around 7:30 that morning, leaving the bus and its occupants teetering over the Massachusetts Turnpike after plunging through the guardrail.

Shaw’s license was revoked following a request on Wednesday by MBTA Transit Police who requested the revocation under the Immediate Threat Provision. As a result of the license revocation, Shaw’s employment has been suspended and she will not receive pay. She has also been charged with obstruction of justice, driving to endanger, speeding, and impeded operation. Passengers of the bus claim that prior to the accident, Shaw was talking on her cell phone and rummaging through her purse. Continue reading

May 21, 2014

Alabama Man Convicted of Police Officer’s Murder Has Conviction Upheld by Appeals Court

by Scott Grabel

In May of 2011, Bart Wayne Johnson was found guilty of killing a Pelham, Alabama police officer in 2009. Johnson was convicted of shooting Philip Davis in the face after he was pulled over and issued a speeding ticket, according to The Birmingham News.

At his sentencing hearing the next month, Johnson was not given life without parole for the death of the police officer, but the death sentence. Jurors voted 10 to 2 in favor of the death sentence for Johnson, who contended throughout the trial that he was not guilty by reason of mental disease or defect. Johnson’s attorney hired a psychologist to testify at trial; the psychologist claimed that at the time the defendant shot Davis, he had a ‘brief psychotic episode.’

Johnson appealed his conviction to the Alabama Court of Criminal Appeals claiming among other things that during the sentencing phase, the prosecutor made false statements. On Tuesday May 20, the appeals court upheld Johnson’s murder conviction. Continue reading

May 21, 2014

Memorial Day Weekend 2014: Time for Fun, but Not Driving Drunk

by Scott Grabel

The Memorial Day holiday will be observed this year on May 26, which means many people will have the day off and enjoy a long weekend. While Memorial Day is a day to pay respect to those individuals who have worked to serve and protect our country, many people take the opportunity to go camping, enjoy a cook-out with friends and family, and participate in other fun activities. At Grabel & Associates, we want you to enjoy the weekend – but not to the point of getting arrested for DUI.

Beginning May 22 and going through June 4, Michigan’s ‘Buckle Up or Pay Up’ campaign will be in force. Our state’s version of Click It or Ticket, Michigan State Police will set up zones and check to ensure motorists are wearing seat belts and children are in booster or car seats. This is also the perfect opportunity for law enforcement to catch those who are driving under the influence, which many do on this holiday. Drunk driving enforcement will be increased in 40 counties across Michigan over the next two weeks including Eaton, Ingham, and Wayne Counties. Why risk it? The odds will increase substantially that if you drive after consuming alcohol, you will be caught. Continue reading

May 20, 2014

Camden, NJ Sees Biggest Drug Bust in 10 Years

by Scott Grabel

Photo via Camden PD.

Nearly two weeks ago, authorities charged 22 people in a drug bust said to involve the sale of crack, cocaine, and heroin in one of the most dangerous cities in the U.S., Camden, New Jersey. According to an article at Philly.com, the drug bust involved mothers, sisters, cousins, and sons, with the sale of illicit drugs reaching into Sicklerville, Lindenwold, and Gloucester City.

Authorities had been investigating the possible sale of drugs on Liberty and Sheridan Streets in Camden, an area notorious for crime, for three years, launching what they referred to as the biggest FBI drug take-down in the area in 10 years. Using hidden tracking devices on vehicles, wiretaps, and confidential informants, those involved in the investigation including not only the FBI but the New Jersey State Police , Prosecutor’s Office, and Camden County Police Department Metro Division were able to charge 22 individuals in the drug crimes. Whitman Park is where much of the drug activity occurred, an area where 12 homicides have taken place since 2012. Continue reading

May 19, 2014

Spokane Police Car Rear Ended by Teen Who Was Arrested on DUI and Drug Charges

by Scott Grabel

Spokane Police Department photo

On Tuesday May 13, an 18-year-old Spokane girl was arrested and charged with DUI after she allegedly rear ended a Spokane Police car at a stop light on Division Street, according to a news report at KXLY.com. Savannah Ashby is accused of crashing into the back of the patrol car while police were stopped at the stoplight located at Division Street and Wellesley Avenue. While no one was seriously injured in the incident, authorities say that Ashby not only was driving under the influence, but also had methamphetamine in her possession.

Ashby’s vehicle struck another car after hitting the patrol car, according to the Spokesman. She was booked into the county jail at about 2 a.m. on the 13th and charged with driving under the influence and possession of a controlled substance. Ashby was scheduled to appear in court on the afternoon of May 13th. Continue reading

May 16, 2014

Walled Lake Man Charged with Murder of Neighbor Whose Body was Found in a Closet on Mother’s Day

by Scott Grabel

On Tuesday May 13, 21-year-old Alex Adamowicz was arraigned on a charge of open murder in the killing of a man who was found in Adamowicz’s closet by his mother on Mother’s Day and who is believed to be the body of 51-year-old John Watson, a neighbor. The body has not been positively identified, however authorities believe it is Watson’s body and are waiting for fingerprints. The body was badly decomposed and believed to have been in the closet for at least two weeks, according to a news article at the Detroit Free Press.

Adamowicz and Watson lived in the same apartment complex, Tivoli Apartments on West Maple Road. Adamowicz claims that the two become involved in a verbal argument that escalated to physical violence, and a knife being involved. The argument allegedly began over Watson’s loud music. Watson’s wrists were cut; he was also stabbed in the neck. The defendant claims that a baseball bat was also used by both men during the physical altercation.

On Mother’s Day the defendant’s mother discovered the body in a closet, and took Adamowicz to authorities with a written confession. Police went to the apartment, whether they found a badly decomposing body reportedly wrapped in cellophane and blankets. Adamowicz had also been using spray deodorizers and cat litter deodorizer powder to mask the smell of the victim’s body. Continue reading

May 15, 2014

Legendary Country Singer Hank Williams Sr.’s Daughter Arrested for DUI for Second Time in Three Months

by Scott Grabel

On Friday May 9th, country singing legend Hank Williams Sr.’s daughter Jett was arrested for driving under the influence and violating implied consent in Wilson County, TN according to savingcountrymusic.com. Jett, a half sister to singer Hank Williams Jr., was arrested on February 25th of this year for DUI, making the latest arrest her second in three months.

Jett Williams Adkinson was arrested for violation of implied consent after she refused to submit to a sobriety test. Police observed her driving erratically in a 1998 Jaguar early in the morning hours, swerving between lanes. Upon being stopped, she was cited for no proof of insurance and not wearing a seat belt. Jett, who is 61 years old, did not know she was the daughter of the country singing legend until 1985. Her mother, Bobby Jett, had a brief relationship with Hank Williams Sr. between his two marriages. Jett Williams Adkinson was a ward of the state prior to being adopted.

In the state of Tennessee, a second DUI conviction leaves the accused facing criminal penalties which include up to $3,500 in fines, two years driver’s license revocation, and between 45 days and one year in jail. Drunk driving is an offense taken seriously in every state in the U.S. today as lawmakers and groups such as MADD (Mothers Against Drunk Driving) attempt to keep intoxicated drivers off the nation’s roadways. Continue reading

May 15, 2014

49-year-old Harrison Township Man Pulled Over in Mount Clemens, Arrested for Driving With Suspended License for 24th Time

by Scott Grabel

Scott Weideman, a 49-year-old Harrison Township resident, was arrested and put behind bars on Monday May 12 after being found driving on a suspended driver’s license for the 24th time. According to Detroit News, Weideman was pulled over in Mount Clemens while driving a Ford E250 U-Haul van. Weideman admitted to the Macomb County Sheriff’s deputy that his license was suspended. Upon check with the SOS’s office, the deputy discovered that Weideman had been convicted for driving with a suspended license 23 times in the past.

Secretary of State spokesman Fred Woodhams said that the last time Weideman was able to get a drivers license was 2004; he also admitted that 23 convictions for driving with a suspended license is uncommon. He went on to say that individuals face a misdemeanor charge when being found guilty of driving with a suspended license for the third time.

If Weideman’s driver’s license were to be revoked, he would not be able to pay the applicable fines and regain his privilege to drive, according to Woodhams. He would have to request and win a hearing with the SOS DAAD. Continue reading