Michigan Criminal Lawyers Blog

December 19, 2014

Getting Your Michigan Driver’s License Back After Refusing a Breath or Blood Test

While most Michigan DUI defense attorneys would advise not to submit to roadside breath tests when pulled over on suspicion of driving under the influence, breath or blood tests administered at the police station or hospital are an entirely different matter. If you refuse to submit to either of these tests, you violate the state’s Implied Consent law. Under this law, every person who has a driver’s license and who operates a motor vehicle consents to complying with these tests upon obtaining a driver’s license. So, what happens if you do not comply? Your license is automatically suspended for one year.

What next?

If your driver’s license has been suspended due to refusal to take a breath/blood test, you have 20 days to challenge the suspension through a Secretary of State Implied Consent hearing; you must request this hearing. Once you request this hearing, your license cannot be suspended until the hearing is complete. The arresting officer must attend this hearing, however if he/she does not attend the hearing, you win automatically, meaning that your driver’s license will not be suspended.

December 18, 2014

Kalamazoo Woman Allegedly Steals Golf Cart, Drives While Intoxicated

by Scott Grabel

On Tuesday, December 16, an unnamed 23-year-old Kalamazoo woman was arrested for allegedly stealing a golf cart and driving it while intoxicated. According to a news report at Fox 17, the woman’s name has not been released and will be identified pending a formal arraignment.

The woman was pulled over at about 8 in the morning when an officer noticed her driving the golf cart on Florence Street and thought it a bit odd. Public Safety Officer Ariana Gasca said that she pulled up to the cart, and the woman driving it pulled over to talk with her. The unidentified woman told Gasca that the golf cart had been given to her by a friend to drive. However, Gasca noticed items on the cart that made her suspect it belonged to a local apartment complex. Upon checking it out, the cart had in fact been stolen.

Gasca conducted a series of sobriety tests on the woman, who was ultimately charged with operating while intoxicated, driving on a suspended license, unlawfully driving away a vehicle, and obstruction by disguise. Police claim the woman also has two additional warrants out for her arrest.

December 17, 2014

Jackson County, Florida Man with Felony Warrant Captured, Charged with Drug Crimes

by Scott Grabel

On Monday, a Marianna, FL man who members of the Jackson County Sheriff’s Office had been looking for was captured after receiving information on where the suspect was located. The suspect, 29-year-old Robert Lee Garrett, had a felony warrant for Violation of State Probation.

The sheriff’s office had attempted to capture Garrett on previous occasions, but had failed in their attempts to locate him. Acting on the information they received regarding his whereabouts, members of patrol set up in the area, along with K-9 and investigation divisions. Tracking K-9 units from the Apalachee Correctional Institution and Jackson Correctional Institution also participated in the efforts to capture Garrett.

Garrett was said to be a passenger in a specific vehicle, so members of the patrol waited for the vehicle which was supposed to be in the area of Dean and Panhandle Roads. When the vehicle did arrive, deputies attempted to make contact with Garrett, however he fled on foot after exiting the vehicle. Officers pursued the suspect, and took him into custody after a short time.

December 17, 2014

U.S. Supreme Court to Hear Louisiana Inmate’s Appeal of Life Prison Sentence

by Scott Grabel

Recently, the U.S. Supreme Court agreed to hear George Toca’s appeal of a life prison sentence without parole he was given when he was just 17 years old; that was 30 years ago. Toca was found guilty of killing a friend during a botched robbery, although the killing was said to be accidental.

At issue is a ruling the U.S. Supreme Court made two years ago, which banned those who were under the age of 18 from being sentenced to life without parole. The court determined in 2012 that such a sentence for juveniles was “cruel and unusual punishment.” Now, the court will decide whether to apply the rule to Toca’s case retroactively.

Toca has maintained his innocence, and another person has claimed responsibility in the killing; regardless, innocence is not the issue before the court. Other state supreme courts, including those in Michigan, Minnesota, Louisiana, and Pennsylvania, have refused requests for resentencing finding the 2012 rule procedural.

December 15, 2014

St. Petersburg Police Officer Pulled Over for Running a Red Light, Arrested for DUI

by Scott Grabel

On Monday morning, December 15, 51-year-old Allan Charles McTavish was stopped after a Hillsborough County sheriff’s deputy witnessed McTavish’s Chevrolet HHR run a red light, according to a news article at Tampabay.com. McTavish has been with the St. Petersburg Police Department since 1984.

Upon stopping McTavish, the deputy noticed an odor of alcohol, that McTavish’s eyes were bloodshot, and his speech slurred. When asked to get out of his vehicle, McTavish allegedly stumbled and fell against the side of his vehicle. He refused a breath and field sobriety tests, and was arrested before being taken to the county jail.

Police spokesman Mike Puetz said that until an internal investigation is completed, McTavish will remain on desk duty. The article claims that McTavish has had positive evaluations over the years he has been with the police department, and that his personnel file includes numerous thank-you notes from residents in the local area.

December 12, 2014

Detroit Man Pleads Guilty in Scheme to Defraud IRS

by Scott Grabel

Recently it was announced by U.S. Attorney Barbara McQuade and Special Agent in Charge of the IRS, Criminal Investigation Jarod J. Koopman that Antonio Lundy had pleaded guilty to involvement in a scheme to defraud the Internal Revenue Service. Lundy, who is 43 years old, pleaded guilty to access device fraud after working with others to prepare and file false income tax returns with the IRS.

In essence, Lundy committed identity theft as he worked to gather the personal identification information and addresses of other individuals and supplying this information to others participating in the scheme who would then prepare and file fraudulent income tax returns. According to the announcement, this scheme began in September of 2011 and continued through April of the next year. In all, there were about 180 fraudulent returns filed which resulted in refunds totaling $1.7 million. The IRS paid out the refunds, which were then loaded onto Turbo Tax Visa debit cards, then picked up by Lundy at the addresses he had provided to others who participated in the scheme. Those whose names were on the cards were not aware that they were the victims of identity theft.

Lundy withdrew cash using the debit cards at several ATM machines in the Detroit area, withdrawing cash in the amount of $251,990. His sentencing is scheduled for April of next year. He will face potential fines of $250,000 and a maximum of ten years in prison; in addition, Lundy will pay restitution of the $251,990 withdrawn at ATMs to the IRS.

December 12, 2014

Common Michigan Driver’s License Restoration Myths

by Scott Grabel

If your driver’s license has been suspended due to DUI, you may have a “little” knowledge about the restoration process and believe that with this basic understanding, you can win at a DAAD/DLAD hearing. As experienced Michigan driver’s license reinstatement attorneys, we want to clear up a few common myths regarding license restoration.

You can do it on your own, and don’t need a skilled lawyer. Of course anyone can get lucky and win at a DAAD hearing, however it is highly unusual. The fact is, in Michigan the denial rate at these hearings is high – and if you lose, you still do not have the privilege to drive. Why risk something as important as being able to drive? In addition, you will have to wait another year to file for another hearing.

If you do not win your DAAD hearing, you can simply appeal the decision. Michigan gives Hearing Officers an incredible amount of discretion, so appealing in the Circuit Court will likely not result in a full reversal of the officer’s decision. You may be able to get another hearing before the one year time period has passed, however the more times you go back for a DAAD hearing, the worse your chances of getting your license reinstated may be, due to problem evidence or inconsistencies/conflicts in the information/documentation you provide each time. Why not do it the first time with a highly qualified attorney, and not have to go through it again?

December 11, 2014

California School Bus Driver Shows Up for Route Intoxicated

by Scott Grabel

Last week, a Thermalito, California woman who is employed as a school bus driver in the Thermalito Union School District was arrested while on her way for her morning bus route, according to a news article at Action News Now.

Kimberly Oxley was reportedly on her way to work in her personal vehicle when an anonymous citizen alerted the Oroville Police and reported Oxley was drunk. According to Assistant Police Chief Al Byers, she has no prior criminal history with the Oroville Police Department. He also added that in addition to being arrested for drunk driving, the department was looking into additional charges in connection with Oxley attempting to drive a school bus that day, considering police suspect she was consuming alcohol as recently as two hours prior to being arrested at the bus yard.

While the school district said in the report that it would not determine her employment fate until Oxley had an opportunity to state her case through a Skelly hearing, Byers said his department filed the paperwork to hopefully prevent Oxley from getting her bus license back.

December 10, 2014

Colorado Death Row Inmate Appeals Prior 2004 Attempted Murder Conviction

by Scott Grabel

Robert Ray, a 28-year-old Denver man who is on death row for a crime he was convicted of in 2009, is appealing his conviction in an earlier criminal case, requesting a new trial in a case he was convicted of in 2004 for allegedly attempting to murder two men at an Aurora Park.

Ray was convicted of attempted murder in the 2004 shooting of Javad Marshall-Fields and another man; Marshall-Fields was the son of state Representative Rhonda Fields. Ray allegedly ordered the shooting of Marshall-Fields when he agreed to testify against Ray in the case. According to a news report at abc7 in Denver, Marshall-Ray and his fiancée were murdered a day prior to Marshall-Ray’s scheduled testimony in June of 2005; they were gunned down in a car. Because he was convicted in the attempted park murders, prosecutors felt that Ray should face the death penalty for the murder of Marshall-Ray and his fiancée, Vivianne Wolfe.

Ray is appealing his earlier conviction and hoping to get a new trial based on possible procedural errors.

December 9, 2014

Over Criminalization of Michigan and All of Our Country’s Population

by Scott Grabel

More and more each year, respected, hard-working citizens in our country are becoming “criminals,” mostly due to our over-zealous government. No where in the U.S. is this more true than in Michigan, where there are more than 3,100 crimes with the majority of those felony and misdemeanor offenses falling outside of the penal code. What is truly unfortunate is that today, an individual can commit a crime and not even be aware of it – often in the act of trying to do something nice or helpful for someone else.

America’s government has gained too much control over our lives. In fact, expansive government has seemingly fought to take away our right to life, liberty, and the pursuit of happiness. Today, millions of dollars are spent by U.S. states imprisoning individuals who are in no way a threat to society, even for crimes that prosecutors never for an instant thought were illegal.

One example of innocent individuals in Michigan who were put into legal jeopardy unknowingly in recent years includes a business owner who expanded his parking lot in an effort to accommodate his growing business. The land was later deemed a “wetland” by state regulators. Should the man be labeled a criminal? Of course not. This is one example of how ridiculously out of control criminal law is becoming.