Michigan Criminal Lawyers Blog

January 12, 2015

Bears CB Tim Jennings Races to Parent-Teacher Conference, Arrested for DUI, Speeding

On Wednesday, January 7, Tim Jennings, cornerback for the Chicago Bears, was arrested on several charges after being pulled over as he raced to a parent-teacher conference, according to a news report at USA Today.

The 31-year-old was in suburban Atlanta in the Duluth area when he was spotted by police in a 2015 Mercedes going 99 mph in a 65 mph zone of Interstate 85. Upon stopping Jennings, Gwinnett County Police Cpl. Jake Smith said that he noticed an odor of alcohol. He has been charged with speeding, reckless driving, and DUI.

When pulled over and asked why he was driving so fast, Jennings allegedly told Smith that he was late for a parent-teacher conference. Smith said that Jennings eyes were slightly watery and bloodshot. Jennings did admit that he had been drinking the evening before, but had stopped at about 2 a.m. It was just before noon when Jennings was pulled over.

January 9, 2015

While DUI is the Leading Cause of License Suspension, Traffic Tickets Can Leave You with No Driving Privilege as Well

by Scott Grabel

In the state of Michigan, the most common reasons for an individual’s driver’s license being suspended are DUI or a conviction for leaving the scene of an accident. However, your license can be suspended once you accumulate so many points on your driving record because of other traffic offenses such as speeding, reckless driving, failure to yield, improper passing, and other offenses.

So, how many points must accumulate before your license will be suspended? The easy answer is 12, but let’s explain the process a bit more clearly.

Once a motorist in Michigan has accumulated four points on his or her record within a 2-year time period, he/she will received a letter from the Secretary of State alerting you to the fact the number of points you have is higher than usual. Accumulate eight points, and you will receive another letter informing you that you are getting closer to having your driver’s license suspended, and warning against the continued violation of traffic laws. Once you have reached 12 points on your driving record, you must submit to several tests and undergo a driver reexamination to determine if your license should be suspended. Ultimately, most people who go through this process will have their license restricted, suspended, or even revoked for a number of months or even years.

January 7, 2015

Former Missouri Teacher Involved in Fatal Drunk Driving Crash Sentenced to Jail, Probation

by Scott Grabel

On Monday January 5, 33-year-old Chad Bybee, a former agriculture teacher at Logan-Rogersville High School in Missouri, was sentenced for involuntary manslaughter in the October 2013 crash that took the life of an 84-year-old man.

According to news reports, Bybee was driving a pickup truck and had his two young daughters with him when he was driving in a westbound direction in an eastbound lane on U.S. 60 and struck William Hughes head-on. Hughes was killed in the crash; Bybee’s daughters were also injured, however whether their injuries were serious was not revealed.

Bybee’s blood alcohol content (BAC) was found to be .192 when a breathalyzer test was administered three hours after the crash occurred, which is more than twice the legal limit of .08 in Missouri.

January 6, 2015

Mississippi Man Convicted in 2010 Fatal Shooting of Girlfriend Appeals Conviction

by Scott Grabel

In 2012, 60-year-old Robert Wayne Silvia was found guilty of murdering his girlfriend in 2010. He was sentenced to life in prison. Now, Silvia is appealing his conviction, claiming that his right to a pretrial competency hearing was violated.

Darlene Berthelot, Silvia’s then girlfriend, was found in a freezer after her daughter contacted deputies in Jasper County and requested that they check on her. Berthelot and Silvia lived together in a home in Jaycees. According to the medical examiner, 52-year-old Berthelot had been dead for approximately four to five days.

Silvia does not deny killing his girlfriend, but says that he doesn’t remember anything that happened immediately before or after the shooting took place. He says that at the time, he was intoxicated and in a “state of hopeless despair” because Berthelot was planning on leaving him. Silvia’s attorney argued that there was no documentation in the court’s record to indicate his client had been examined, although a competency examination was ordered.

January 5, 2015

Fifth DUI Offense Results in Melrose Man Being Rescued from Freezing River

by Scott Grabel

On Sunday morning January 4, a Melrose, Massachusetts man was eventually arrested for a fifth drunken driving offense and other charges following a chase that led to the man having to be rescued from the Malden River, according to a news article at the Boston Globe.

John Kellum, the 42-year-old man who had been reported to police to be driving while intoxicated, led police on a wild chase that resulted in damage to police cruisers and parked cars before Kellum’s pickup truck eventually ended up in the river.

Melrose police spokesman John Guilfoil said that police arrived on the scene at about 1:30 in the morning; Kellum had already crashed into two vehicles parked along the street. He then allegedly rammed a police cruiser before driving off. As police officers pursued him at what they called a “safe distance,” Kellum drove his pickup truck at a police cruiser, causing it to strike a curb as the officer attempted to swerve away from the suspect’s truck; the cruiser lost a tire in the incident. According to the news article, Kellum had several flat tires during the course of the chase, but continued to drive on the rims, creating an extremely dangerous situation.

January 5, 2015

Utah Drug Bust Leaves Three Facing Criminal Charges

by Scott Grabel

In October of 2014, Back NET (the Wasatch Back Narcotics Enforcement Team) performed surveillance at a Heber City, Utah motel, the M-Star, where they suspected drugs were being sold from a motel room. Agents with Back NET then obtained a search warrant which resulted in a sting operation that led to the arrest of a man and two women.

According to an article at KUTV.com, Brien Mills was arrested on a street in the city, and was allegedly in possession of drug paraphernalia and methamphetamine. He was arrested. Meanwhile, police went to the M-Star Motel, where they discovered what they called a “large quantity” of drugs, mostly methamphetamine. A spokesman for the Heber City police said that “There was meth everywhere,” and that one of the officers in searching the motel room bumped into a lamp. A baggie containing meth fell out of the lamp. The two women, Allyson Vavro and Tiffany Monson, were arrested. Investigators allege that the two women were selling drugs out of the motel room.

Some of the paraphernalia found include loaded and unloaded heroin syringes, and used meth pipe. The three face misdemeanor and first-degree felony drug charges.

January 2, 2015

Cass County Police Investigating Armed Robbery at Marcellus Gas Station

by Scott Grabel

On New Year’s Day, the Yummies Marathon gas station in Marcellus was robbed by an armed gunman, according to a news article at Mlive.com. Cass County police were investigating the robbery as of early this morning in an effort to capture the gunman, who has been described as a white man who is approximately 220 lbs., 5 foot 8 inches tall, and last seen wearing a dark grey hooded sweatshirt, blue t-shirt, blue jeans, striped grey and black winter hat, and black vest.

The robbery occurred just after 10:30 p.m. on New Year’s night, as the suspect allegedly walked into the station and proceeded to demand cash from the clerk while brandishing a black semi-automatic handgun. The amount of cash he escaped with had not been determined at the time of news reports.

A K-9 tracking dog was brought to the gas station by the Van Buren County Sheriff’s Office, however their efforts to locate the suspect failed. Police were requesting anyone with further information about the robbery or suspect to contact their tip line at 1-800-462-9328.

January 2, 2015

What Types of Driver’s License Suspensions Qualify for a Hardship Appeal in Michigan?

by Scott Grabel

If you are a motorist in Michigan whose driver’s license has been suspended, you may be curious as to whether you would be eligible for a hardship appeal. First of all, there are only certain suspensions that may be eligible for an appeal. Second, you must successfully make the argument that you are experiencing a true hardship because of the fact that you do not have a valid driver’s license.

What is a hardship? A hardship may exist when you cannot get to and from work, school, or other important or essential meetings/destinations. However, it is important to note that even if you win a hardship appeal, the license you receive is not a regular license, but instead one that makes it possible for you to drive only for specific purposes, such as to work, school, or for medical appointments. Violation of the terms of your hardship license will result in a loss of your driving privilege completely.

Whether you may appeal for a hardship depends on the reason for suspension of your driver’s license

December 31, 2014

Christmas Eve Crash Results in DUI, Other Charges for Pennsylvania Teacher

by Scott Grabel

On Christmas Eve, 35-year-old Bridget Pollack, a social studies teacher at a high school in the Mahanoy Area School District, was charged with DUI, resisting arrest, driving without a valid license, and having an open container in her vehicle, according to a news article at Wnep.com.

Mahanoy City police claim in court papers that on Wednesday evening, Pollack crashed her SUV into a light pole, which resulted in the pole falling onto a home; live wires were exposed on the pole. Pollack allegedly drove away from the scene of the crash, however a witness to the incident pursued the vehicle and Pollack drove onto another street, where she pulled over on the sidewalk and stopped. This is where police found her.

When police questioned the teacher about whether she had been drinking, she reportedly replied, “I’m drunk. I’ve been drinking all day.” She then asked police if they could just let her go, because of the fact that she was a teacher and would likely lose her job. Police claim to have found a bottle of wine that was open in the SUV Pollack was driving. Her driver’s license had been expired for nearly two years.

December 30, 2014

North Carolina Court of Appeals Upholds Woman’s Conviction in Motor Vehicle Death of 12-year-old Boy

by Scott Grabel

Earlier this month, Reyna Patricia Valencia’s conviction in the 2011 death of a 12-year-old boy was upheld by the North Carolina Court of Appeals. Valencia was found guilty of reckless driving, felony death by motor vehicle, and two counts of felonious restraint in September of 2013. She appealed the verdict based on a motion to dismiss the two charges of felonious restraint, claiming that the 12 and 14-year-old boys who got into her vehicle on the fateful day did so willingly, and that she did not coerce them by fraud. Valencia was sentenced to 6 years, two months, and 25 days in prison.

Ultimately, Valencia was allegedly drinking along the way after she had invited the two boys to go along with her as she prepared for a party that evening, telling them their mother had given permission for them to go with her. At some point in the trip, witnesses reported Valencia’s 2003 Dodge Stratus was swerving all over U.S. 220, and that she was driving at a high rate of speed before she lost control of the vehicle. The Stratus then swerved off an embankment before becoming airborne. It landed against an interstate exit sign, flipped over on its roof. 12-year-old Roland Sierra died at the scene after being ejected from the vehicle. Valencia’s BAC was found to be .18.

According to the Court of Appeals, substantial evidence was presented by the state at trial that Valencia did fraudulently induce the brothers to go with her to run errands. The boys were playing basketball at their home at the time. The court found that she lied to the boys, and that there was no question that the boys’ mother did not give permission for them to go with Valencia.