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Posts Tagged ‘OWI’

Texting and Driving: Get the Message

It’s always tempting, isn’t it? You hear the alert of a new text coming in, and even though you are behind the wheel, you feel compelled to take a peek. The trouble is, a peek can turn into a long look or even a reply – and that’s dangerous.

Texting and driving is incredibly common, and not just among the 20-and-under crowd. Recent statistics indicate that 27% of adults have sent or received text messages while driving. Other reports show that texting while driving makes a crash up to 23 times more likely.

The offense has often been compared to drinking and driving, with officials citing similar behaviors in texting drivers such as swerving, erratic behavior, driving too fast or too slow, and more.

The danger is severe enough that the majority of state governments have taken action. The Governor’s Highway Safety Association reports that 39 states, D.C., Puerto Rico, Guam and the U.S. Virgin Islands, all currently ban text messaging for all drivers.

 

Startling statistics

Texting and driving might be difficult to identify by sight, but recent polls show offenders fessing up:  

  • A 2011 Harris Polls discovered that 49% of drivers with cellphones under the age of 35 send or read text messages while driving.
  • According to the Pew Research Center (2010), 49% of adults say they have been passengers in a car when the driver was sending or reading text messages on their cell phone.

 These responses point to a sad fact: Annually, about 6,000 deaths and 500,000 injuries are caused by distracted drivers.

 

What the law says

These disturbing numbers have caused many states to take action. In Michigan, texting while driving was banned in July 2010. And now most teenage drivers are forbidden to even use cell phones while driving. Kelsey’s Law, named after Upper Peninsula teenager Kelsey Raffaele, who died at age 17 while talking on her cell phone and driving, brings a fine and possible license suspension to drivers with a level 1 or 2 graduated license found using their cell phone while driving.

 

Top tips

Clearly, it is in your best interest to curtail cell phone use in general while driving. In our ever connected world of busy lives and social media, though, this is easier said than done. Try these tips if you are tempted to check your messages while behind the wheel:

  • Turn off your phone when you drive. “Out of sight, out of mind” is a great policy when it comes to safe driving. Store your phone where you won’t see it, and be sure to turn the sound off.
  • Have someone else text for you. A passenger in your car can handle incoming texts if you need to address a message while driving.
  • Establish ground rules. If you have a teen driver, set the expectations for driving and texting. If you ban it and provide consequences, you will get better results. 
  • Paint a picture for your driver. Many teens and adults won’t drive drunk. But they need to understand that driving distracted is just as dangerous. Talk with all the drivers in your family about the consequences.

No text is worth the price of death or severe injury. Know the facts and set the limits in your family to ensure the safety of those you love.

David Haenel, Esq., of the firm of Finebloom & Haenel, is a criminal defense attorney, author, and lecturer who has been named a “Rising Star” by Super Lawyers magazine. He can be contacted at FightYourCase.com.

Technology and Search Warrants

April 26, 2013 1 comment

In DUI situations, it is imperative for the State’s case that police obtain timely evidence of the driver’s blood alcohol content. However, before an officer can draw blood from a driver they are required to apply for and obtain a search warrant (or obtain consent); this process can take several hours to complete, depending on the time of day. 

 Police and Law enforcement across the country are now utilizing video conferencing technology and other means to expedite the process of obtaining search warrants for blood draws.

In jurisdictions that utilize electronic warrant procedures, obtaining a warrant can take as little as 30 minutes. For instance, the electronic procedure exercised in Palm Bay, Florida begins with a cellular call made from the officer’s vehicle to a judge in their jurisdiction. After informing the judge of the incident, the officer emails an affidavit with their electronic signature to the judge. Once the judge reviews the affidavit, they can directly deliver their official testimony by video-calling the officer using Skype.

While proponents of the use of this technology argue that implementation of these procedures will save time and money, some critics aren’t sold on the idea.  For instance, in some Michigan jurisdictions, patrol cars aren’t even equipped with dash cams.  This can prove problematic when there is a dispute about the basis for the traffic stop that leads to an OWI arrest.  Often, operating while intoxicated cases in Michigan and other states hinge on the credibility of the officer.  If there is money to be spent, shouldn’t it first be allocated to technology that levels the playing field?  Furthermore, other critics have argued that the ability to instantaneously communicate with the officer on the scene with the accused present should require that the accused have an opportunity to be heard prior to the issuance of a search warrant.

Resources:

http://www.usatoday.com/story/news/nation/2013/04/12/dui-search-warrant-blood-sample/2079419/

http://www.techdirt.com/articles/20110330/02461013692/police-using-skype-to-get-warrants-while-crime-scene.shtml

http://wuisnews.wordpress.com/2013/04/01/proposal-police-could-obtain-warrants-using-video-chat/

http://tech.wiredpig.us/post/12291391474/florida-cops-using-skype-to-expedite-warrants

http://www.ilga.gov/legislation/billstatus.asp?DocNum=2188&GAID=12&GA=98&DocTypeID=SB&LegID=73776&SessionID=85

 

Judge Pleads Guilty Following Improprieties in Handling Drunk Driving Cases

August 1, 2012 2 comments

Judge Pleads Guilty Following Improprieties in Handling Drunk Driving Cases

Former North Carolina Judge Kristin Ruth pleaded guilty to charges stemming from her failure to discharge her judical duties related to her handling of 60 drunk driving cases (also referred to as OWI or operating while intoxicated under Michigan law) over the past 4 years. 

The former judge had signed orders presented to her by defense counsel that were drafted in such a way so as to avoid driver’s license penalties and sanctions for individuals who were convicted of drunk driving. 

As part of her plea agreement, Ruth will not serve any jail time as a result of her misdemeanor conviction, so long as she continues to cooperate with investigators. 

Michigan State Police Use Urinal Cakes to Deter Potential Michigan Drunk Drivers

Michigan State Police Use Urinal Cakes to Deter Potential Michigan Drunk Drivers

If you have been arrested and charged with a drunk driving in Michigan, contact Attorney Nick Leydorf at (517) 388-6800 for a free initial consultation. 

Michigan takes aim at ‘super’ drunk drivers

February 10, 2011 Leave a comment

Michigan takes aim at ‘super’ drunk drivers.

Michigan’s new “super” drunk driving penalties took effect in late 2010. If you or a family member have been charged with an drunk driving, also commonly referred to as an OWI, you should contact a criminal defense attorney that can provide the best defense possible. NEVER PLEAD GUILTY WITHOUT CONSULTING WITH AN OWI LAWYER FIRST!

Contact me at (517) 388-6800 for a free and honest consultation regarding your drunk driving charge. Please visit my website here for more information.

21-year-olds provided alcohol to Holt crash victims, prosecutor says | Lansing State Journal | lansingstatejournal.com

February 9, 2011 Leave a comment

21-year-olds provided alcohol to Holt crash victims, prosecutor says | Lansing State Journal | lansingstatejournal.com.

If convicted, the three charged by the Ingham County Prosecutor’s office face a prison sentence of up to 10 years and/or a fine of up to $5,000.00 on each count. 

Individuals should be very aware and take great responsibility when any guest consumes alcohol at their home. This area of law is commonly referred to as “social host liability.” Statutes and court case addressing this issue vary across the U.S. In Michigan, criminal liability applies only if a minor is involved, like the case above. Similarly in Michigan, a social host is liable only if alcohol is provided to a minor. 

In order to be proactive and avoid any potential liability, individuals who host a party where alcohol is being served should: 

  • Make sure no minors are served (ask for their driver’s license).
  • If possible, host the event at a bar or restaurant so that a bartender or waitress is responsible for checking identification or overserving.
  • Provide everything except the liquor, and host a cash bar – this removes you from being accused overserving guests.
  • Discourage guests from drinking excessively.
  • Stop serving anyone who appears visibly intoxicated.