Michigan Criminal Lawyers Blog

September 25, 2014

Newberg Woman “Extremely Intoxicated,” Arrested After Driving with 4 Children in Vehicle

A Newberg, Oregon woman was recently arrested and charged with DUII (Driving Under the Influence of Intoxicants), equivalent to DUI in most other states. 32-year-old Tabatha Browning was arrested on Friday, September 19, for drunken driving while having four children in the vehicle with her, according to Oregonlive.com.

Forest Grove police say that Browning was “extremely drunk,” and that her speech was so slurred it was hard to understand her. Forest Grove police spokesman Mike Herb said that the department had received a report regarding a black Jeep Commander that was driving in a reckless manner near an intersection. It was also reported by witnesses that the Jeep had parked in the bushes as it pulled up on a curb. After her arrest, Browning’s BAC (blood alcohol content) registered .19%, more than twice the legal limit of .08%.

The four children in the vehicle with Browning ranged in age from two to 11. In addition to DUII, Browning was charged with four counts of reckless endangering.

September 25, 2014

Maryland Man’s Life Sentence for 2011 Murder of Girlfriend Upheld by Court of Appeals

by Scott Grabel

Earlier this week, a Court of Appeals panel declined to review the case of a man who was sentenced to life for the 2011 murder of his girlfriend. Melvin “Roc” Smith, 30, was found guilty of first-degree murder by a jury in October 2012.

Smith was also convicted of other crimes at the time including first-degree assault, possession of a firearm after being convicted of a disqualifying crime, stalking, use of a handgun during a crime of violence, and more. In addition to his sentence of life in prison without the possibility of parole, the judge sentenced Smith to an additional 40 years on the other charges.

In June, Smith appealed his sentence to the Court of Special Appeals, who denied to hear the case. He then appealed his sentence to the Court of appeals, who declined to review the case on Monday, September 22.

September 24, 2014

Drug Round Up in Ohio Nets 13 Arrests

by Scott Grabel

On Tuesday, September 23, 13 people were arrested in connection with conspiracy and possession with intent to distribute drugs including heroin, cocaine, and methamphetamine, according to a news report at NBC4i.com. The arrests were made in Columbus and involved local, state, and federal agencies.

Authorities state that some of the arrests were made at Michoacana market businesses throughout the city. Investigators in the case claim that members of the group used profits from the sale of illegal drugs to purchase vehicles and in an attempt to launder the proceeds.

According to the indictment, members of the group distributed cocaine, or were charged with possession with the intent to distribute cocaine. Five people were arrested for distributing methamphetamine, or possession with intent to distribute. In addition, it alleges that those arrested have conspired to distribute heroin since the beginning of 2011.

Those arrested in the drug bust range in age from 25 to 47 and include both men and women. Agencies who participated in the investigation include the DEA, IRS, the ATF, Ohio State Highway Patrol, Columbus Division of Police, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, U.S. Attorney for the Southern District of Ohio, and the Franklin County Sheriff’s Office.

In addition to other charges, many of the 13 arrested were charged with intent to distribute 5 or more kilograms of cocaine.

5 kilograms of cocaine is equal to 5000 grams. In the state of Michigan, individuals who are charged with possession with intent to distribute cocaine in amounts greater than 1,000 grams will face potential life in prison if convicted. In addition, the judge may impose a fine of up to $1 million.

Distributing or selling drugs is extremely serious business in Michigan, whether those drugs include cocaine, heroin, meth, marijuana, Vicodin or other prescription drugs, ecstasy, or any illegal substance. Even a possession charge is serious, particularly if an individual is found to have more of a substance in his or her possession than would be considered “normal” for personal use, as prosecutors may attempt to trump up the charge to one of possession with intent.

September 23, 2014

Nick Diaz, UFC Fighter, Arrested for DUI Second Time in One Year

by Scott Grabel

According to news reports at Fox Sports, UFC fighter Nick Diaz was recently arrested for drunk driving, his second DUI arrest in the last 10 months.

Diaz was reportedly pulled over on a routine traffic stop near Stockton, CA, Diaz’s hometown on September 6 just before 2:30 in the morning. He was also found to be driving on a suspended license at the time of the stop. Diaz was also arrested for destruction of evidence and obstructing a police officer.

News reports claim that after being taken to the police station, police gave Diaz the option of taking a breath or blood test. He agreed to a breath test, but asked to go to the restroom before giving a breath sample. Diaz tried to induce vomiting, thinking that it would get rid of the alcohol in his system; he repeatedly attempted, although officers told him to stop. These attempts would have no impact on the results of the breath test, which measures the level of alcohol in air expelled from the lungs.

Diaz was arrested in November of last year for driving under the influence and unsafe speed for prevailing conditions. Since that time, he has missed several court dates and changed defense attorneys three times. News reports state that it is unclear how all of this will affect the most recent charges against Diaz, who is scheduled to fight Anderson Silva in Las Vegas on January 31 of next year.

In the state of Michigan, a second DUI conviction within seven years of the first will result in up to one year in jail, one year driver’s license revocation (absolutely no driving), vehicle immobilization or forfeiture, up to 90 days community service, fines of up to $1,000, six points on driving record, and more. The only way for an individual to be granted restricted driving privileges is through participation in sobriety court program sanctioned by the state.

September 19, 2014

Is Driving Under the Influence or Using a Cell Phone While Driving More Dangerous?

by Scott Grabel

Today, distracted driving has become more of a problem than ever before. Cell phones are a large part of this distraction, as motorists text while driving, talk on the phone, or do other things with their phones – even though it is against the law in many states. How does cell phone use compare with drunk driving when it comes to accidents and the danger involved?

A detailed study was conducted in 2003 by researchers at the University of Utah regarding the effects of cell phone use while driving. This paper, entitled “Fatal Distraction? A Comparison of the Cell-Phone Driver and the Drunk Driver” indicated that ultimately, those who use cell phones while driving were involved in more accidents than drunk drivers. The study found that motorists who used cell phones while operating a vehicle were less responsive and more impaired than motorists who were driving with alcohol levels of 0.08% or above.

The research consisted of, among other things, the use of a simulator which allowed the researchers to measure how the subjects of the study reacted when a vehicle in front of them applied the brakes. The results indicated that the participants with blood alcohol levels at or above .08% were involved in no more accidents than normal, however those talking on cell phones exhibited an 8% slower reaction time than the normal baseline, and were involved in more rear-end collisions. The study also found that drivers talking on cell phones required 15% longer to return to normal speed, while those with alcohol in their systems did not vary from normal baselines for returning to normal speed significantly.

For Michigan DUI attorneys, this information is quite interesting, considering the difference in penalties between the two offenses. In most areas in Michigan, a motorist can be fined $100 for a first offense of texting while driving. The penalties for a first DUI conviction include fines of up to $500, up to 93 days in jail, driver’s license suspension, possible community service, and more.

September 18, 2014

Houston Rockets Center Dwight Howard’s Driver’s License Suspended for Failure to Pay Fine

by Scott Grabel

Dwight Howard, center for the Houston Rockets and former L.A. Laker recently had his driver’s license suspended for failure to pay a fine for allegedly running a red light on April 14, according to news reports. The problem is, Howard is accused of running a red light in Winter Park, FL on that day – and a spokeswoman for the Rockets claims that Howard was in Texas playing basketball that day.

According to Yahoo! News, Howard kept his Florida home after playing for the Orlando Magic until late July of this year when he sold it for $3.4 million. Howard’s vehicle was allegedly caught on a red light camera which captures images of vehicles that proceed through an intersection after the light has turned red. At that point, a citation is mailed to the owner of the vehicle. The spokeswoman said she did not know if Howard had a car in Orlando that other people may be authorized to drive.

Another report at the Orlando Sentinel states that while living in the Orlando area, Howard had received as many as 10 tickets for running red lights, along with speeding tickets and other citations. This information was gather from Reuters, according to the news report. Ultimately, Howard paid all fines with the exception of the ticket for running a red light in April – which seems to be impossible if he was in Texas playing basketball at the time.

September 17, 2014

Two Detroit Residents Plead Guilty to Using Deceased Individual’s Identities for Purpose of IRS Tax Fraud

by Scott Grabel

On Monday, September 15, a press release was issued by U.S. Attorney Barbara L. McQuade in reference to two Detroit residents who have pleaded guilty to defrauding the Internal Revenue Service by using the identities of individuals who are deceased.

According to the press release, Adreann Turnage and Brenda Knight, both of Detroit, pleaded guilty to aiding and abetting in the use of false identification, and wire fraud. Special agents of the IRS Criminal Investigation unit conducted the investigation, including Acting Special Agent in Charge Jarod Koopman.

The two women, along with Knight’s husband Willie Watkins and others, devised a scheme using the social security numbers and names of people who had recently died to collect tax refunds. In 2010, those involved in the scheme filed hundreds of fraudulent tax returns which resulted in more than $1 million in refunds. In filling out the tax returns, those involved used the Making America Work Credit, Earned Income Credit, and Education Credits in order to get refunds which were then deposited into bank accounts that were set up solely for receiving the tax refunds. Watkins, Knight’s husband, had control over many of the bank accounts. Some of the tax returns were filed electronically via an account on the Internet set up in Turnage’s name. The group used public Internet access to electronically transmit many of the returns from coffee shops and hotels.

Knight and Turnage may face substantial prison time along with thousands of dollars in fines for their participation in the fraudulent tax scheme. Using false identification for the purpose of committing a violation of federal law will result in prison time of up to 15 years and/or fines of up to $250,000 for those found guilty. A maximum of 20 years in prison, a $250,000 fine, or both may be handed down by the court for wire fraud.

Jarod Koopman warned that the investigation of identity theft is a top priority of the IRS – Criminal Investigation unit. In addition, McQuade urged family members to practice vigilance in protecting the private information (including taxpayer information) of deceased loved ones.

September 16, 2014

Pasco Man’s Murder Conviction Upheld by Washington State Court of Appeals

by Scott Grabel

In February of 2012, Gregorio Luna Luna of Pasco was convicted of aggravated first-degree murder in the death of Griselda Ocampo Meza, the mother of Luna Luna’s child. According to a news article at the Tri-City Herald, the defendant was awaiting deportation in 2010 and in federal custody when he wrote letters to the victim claiming he would come back and kill her, a threat he had allegedly made on numerous occasions.

Luna Luna and Meza had been dating for several years prior to Meza seeking an order to keep him away. Luna Luna was deported to Mexico in May of 2010, however at some point in the following three weeks he crossed back into the U.S., stole a friend’s car in Snohomish, drove back to the Tri-Cities, then confronted the mother of his child at a restaurant in Kennewick before breaking into her Pasco apartment later that evening. Meza was 21 years old when she was stabbed in the heart in front of the couple’s young son.

Luna Luna was sentenced to life in prison for the murder, but appealed his conviction on the grounds that a DNA swab should not have been authorized (then prosecutor of Franklin County Steve Lowe made the application for the DNA sample based on probable cause), and that prosecutors did not prove the samples they wanted to compare the DNA with were blood. Luna Luna’s blood was found at the scene of the murder.

The three-judge appeals court panel found that the defendant’s arguments were without merit. His conviction and sentence will stand.

September 15, 2014

Trafficking Narcotics Results in 20 Year Prison Term for Detroit Man

by Scott Grabel

In April of this year, 44-year-old Steven Duane Dent was sentenced by U.S. District Judge Avern Cohn to 20 years in federal prison for his role in trafficking narcotics, specifically cocaine and heroin, according to a recent announcement by United States Attorney Barbara L. McQuade. The DEA and IRS – Criminal Investigation Acting Special Agent in Charge Jarod Koopman participated in the investigation of Dent and others in the eastern district of Michigan, including defendant Abel Ruiz.

According to court documents, Dent and Ruiz conspired with others to distribute nearly 13 kilograms of cocaine in this area of the state in March of 2007. Dent pleaded guilty to conspiracy to distribute 5 kilograms or more of cocaine. Following his 20-year term in a Tucson, Arizona institution and participation in a residential drug and alcohol program, Dent will be on supervised release for 10 years.

Dent was also charged in March of 2010 with money laundering which involved purchasing more than 50 money orders totaling more than $98,000. These money order transactions were an effort by Dent to disguise what the funds were being used for, and to avoid reporting the transactions as required by federal law.

Essentially, Dent and his co-conspirators worked to profit from the sale of illegal narcotics, and attempted to disguise these profits in order to avoid reporting to the IRS. Jarod Koopman said in a press release that like other criminals, drug dealers are motivated by greed. The crimes drug dealers are involved in have a devastating effect on the community. Koopman said that the IRS – Criminal Investigation will continue to provide financial expertise and work in conjunction with the U.S. Attorney’s Office to strip the profits from drug traffickers.

Trafficking illegal schedule I substances including cocaine and heroin is one of the most serious crimes anyone can be accused of. While possessing or manufacturing illegal drugs is serious, distributing and selling to others will result in substantial prison time and fines that can range into hundreds of thousands or even millions of dollars.

September 15, 2014

Deadly Wrong-way Crash Near Grand Rapids Caused by Drunk Driver According to MSP

by Scott Grabel

On Sunday morning September 14, one person was killed in a deadly wrong-way crash on I-96, according to Wood TV. The accident occurred at about 3 in the morning when a woman driving a minivan was going east in the westbound lanes of the interstate. Although the woman’s name was not released, police say she is from Grand Rapids and in her 40s. The only person in the vehicle she struck was killed.

Michigan State Police claim that the woman was drunk; she was also injured in the crash and pulled from her vehicle by another motorist who stopped at the scene of the crash, according to Sgt. Brian Keely. After the impact, both vehicles caught on fire. Her condition was not known as of last news reports.

According to Fox 17, this was the seventh wrong-way crash on west Michigan highways this year. Michigan State Police find this “trend” both disturbing and troubling, and don’t really know why there have been so many wrong-way accidents. In this case, it is likely the fact that the unnamed woman was intoxicated that resulted in her driving in the wrong direction on the interstate.

News reports do not indicate what charges the woman may face if she lives, however Michigan DUI attorneys know that driving under the influence causing death is extremely serious. If charged with OUIL (operating under the influence of liquor) causing death, the woman may face criminal penalties that include up to 15 years in prison.

Even when no accident occurs, DUI is a serious charge. Even first-time offenders may face jail time, steep fines, driver’s license suspension, community service, and more. A subsequent offense will result in even harsher penalties. A third DUI is a felony offense, and will result in increased jail time, license revocation, vehicle immobilization, and other penalties.