Category Archives:Drunk Driving

Tailgating Misdemeanor Tickets

Tailgating Misdemeanor Tickets

Tailgating Misdemeanor Tickets

College Football Season: Tailgating Misdemeanor Tickets

The college football season has started and with that students are being ticketed while tailgating.  Whether you’re studying at Wayne State University, Michigan State University, the University of Michigan or another Michigan college, these tickets are very common but they should be taken seriously.  Even a single conviction on your record can have an impact on your future employment and educational opportunities.

Individuals may be charged with Tailgating Misdemeanor Tickets due to tailgating activities including Minor in Possession of Alcohol, open intox, assault, and Urinating in Public.  One of the most common is Minor in Possession of Alcohol.   The exact crime you are charged with depends on the location you are when you are ticketed but all have serious consequences including fines and possible jail time.

Civil infraction tickets may also be handed out for handling open containers of alcohol.  Open bottles and cans of alcohol are sometimes permitted on certain campuses during football games, however if you step off of campus or have an open container other than on game day, you may be written a ticket.  It is important to know the rules in your area because, even though civil infraction tickets are typically not associated with jail time, tickets for handling an open container of alcohol can be costly.

If you have been written a ticket while tailgating,

Charged with a Tailgating Misdemeanor Tickets: Don’t take a risk on your rights—call one of our criminal defense attorneys at (248) 398-7100  for a free consultation or contact us with a private message, we can help you put this in your past quickly, so you can move on with your life.

For information about specific charges see the links below:

People v Rea: Drunk Driving Updates with Troy Michigan Expert DUI Attorneys

People v Rea: Drunk Driving Updates with Troy Michigan Expert DUI

People v Rea: Drunk Driving Updates with Troy Michigan Expert DUI

People v Rea: Drunk Driving Updates with Troy Michigan Expert DUI

Attorneys Recently the Michigan Court of Appeals heard a case involving an individual charged with operating while intoxicated after he drove drunk on his driveway.   In People v Gino Robert Rea, the court determined that the charges of operating while intoxicated pursuant to MCL 257.625 should be dismissed because the defendant was not operating his vehicle in an area generally accessible to motor vehicles.

The court relied heavily on the facts of this case which were that a police officer responding to a neighbor’s complaint watched the defendant back his car out of his detached garage about 25 feet before stopping next to his house.  He then pulled his car back up into his garage and was arrested when he was walking back to his home.  His driveway is quite long and the officer admitted that defendant did not pull the car out past the front of his home at any point.

The relevant language of the drunk driving law is as follows, “A… person shall not operate a vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles…if the person is operating while intoxicated.”

The court found that the defendant’s actions in this case did not violate this statute as the upper portion of the Defendant’s private driveway is not an area that is “generally accessible to motor vehicles”.  Rather, this area of a driveway is a place that is only accessible to a small group of vehicles: namely the homeowner or his or her guests.

Importantly, the court noted that another set of facts could yield a different outcome.  Specifically, the court postulated that the bottom of a private driveway may be an area that qualifies as a “place open to the general public” or a place “generally accessible to motor vehicles.”  Therefore, someone driving on the bottom portion of the driveway near the road could possibly be charged with operating while intoxicated.

Overall, this case stands for the idea that the area at the top of the driveway is not an area that is open to the general public or generally accessible to motor vehicles so homeowners driving in this area cannot be charged with operating while intoxicated.  However, the question of whether the area at the bottom of the driveway is open to the general public has not been decided.  Homeowners should take care to avoid driving at all when under the influence of alcohol, including on the area at the bottom of the driveway.

If you have been charged with operating while intoxicated or “drunk driving”, contact the Troy Michigan Expert DUI Attorneys of Garmo & Kiste, PLC at (248) 398-7100 for a free consultation or contact us with a private message.   This is an intricate area of law and it is best to consult with experienced attorneys such as ours to ensure your case is handled properly.

For information about specific charges see the links below:

Minor In Possession of Alcohol Metro Detroit Lawyers

Yellow beer cansMinor In Possession of Alcohol Metro Detroit Lawyers

Are you a student at Wayne State University that has been charged with a criminal offense?  You should know this situation should not be taken lightly as criminal convictions can impact your entire life.  Don’t let your youthful indiscretion impact your career.

Minor In Possession of Alcohol (MIP) is a common offense among college students but the fact that it is well-known does not lessen the consequences it may have. Under the Michigan Liquor Control Code Section 436.1703, the first offense can carry a fine, substance abuse treatment, and costly probation.

If you are 21 or older, you should know that there are also offenses that those of legal drinking age may be charged with. Your actions while under the influence of alcohol may still have negative consequences. For example, an officer may give you a Disorderly Person ticket under the Michigan Penal Code Section 750.167 for being intoxicated in public if they believe you are causing a disturbance. This carries a punishment of up to 90 days of imprisonment or a fine of up to $500.00. Also, many individuals over the age of 21 are charged with Operating While Intoxicated for getting behind the wheel after having one or two too many drinks. Under the Michigan Vehicle Code Section 257.625, this offense has serious consequences that may include imprisonment for up to 93 days and a fine of $500.00, depending on the situation.

If you have been charged with Minor In Possession of Alcohol, Disorderly Person, Operating While Intoxicated, or any other offense and are a student, contact the Minor In Possession of Alcohol Metro Detroit Lawyers at Garmo & Kiste, PLC at (248) 398-7100 for a free consultation or contact us with a private message. As alumni of Wayne State University Law School, we know the value of a good education and know how important it is to start your career off right. We have all of the tools needed to minimize the negative impact of the charges you received and we bring years of experience and individualized attention to every case we handle. Contact us today.

 

Labor Day Drunk Driving Crackdown

report drunk drivers signLabor Day Drunk Driving Crackdown:

“Designated Driver Dark” and “Call a Cab Cider” may sound like quirky craft beer names but they are actually names for fictitious brews imagined by the leaders of a new anti-drunk driving campaign in Michigan. This branch of the “drive sober or get pulled over” campaign will run through Labor Day weekend.  Michigan police typically launch campaigns such as this in conjunction with crackdowns around holidays when citizens are most likely to drink including Thanksgiving, New Years and the Fourth of July.

The campaign is meant to raise awareness of a crackdown on drunk-driving offenses. Even though the campaign is humorous, it is related to unlawful activities that carry very serious ramifications. The crackdown will take place in over 40 Michigan counties including Wayne and Oakland.  Police officers will focus on the enforcement of drunk driving and seatbelt violations.  It is likely officers will keep a close eye out for the signs of offenses such as operating while intoxicated. This offense has ramifications that impact your career and social life.

If you have been charged with an offense as a result of this crackdown or while celebrating Labor Day weekend, contact the attorneys of Garmo & Kiste, PLC.  Our law firm has successfully handled many cases involving driving while intoxicated and other traffic and alcohol-related offenses.  If you would like more information or to retain an attorney at Garmo & Kiste, PLC, call (248) 398-7100 for a free consultation or send us a private message.

Woodward Dream Cruise Criminal Charges?

BurnoutWoodward Dream Cruise Criminal Charges?

The rumble of engines can be heard on Woodward Avenue as car collectors are gearing up for the Annual Woodward Dream Cruise. The official event will be held on Saturday, August 16th, 2014 but hundreds are warming up their engines already.

The Dream Cruise first started in 1995 and has since become a Detroit tradition. The event attracts 1.5 million people and 40,000 classic cars from across the U.S. and beyond. The tradition is for caravans of cars to parade up and down the iconic Detroit Avenue, giving car lovers an amazing opportunity to “camp-out” on the street and spot some amazing models. Additionally, there will be other entertainment set up along the route including musical performances and a play zone for children.

The nature of the event lends itself to certain concerns and police will be out in full force implementing the law. They will be keeping an eye out not only for traffic violations such as Reckless Driving and Drag Racing but also general violations such as Open Container/Intoxicants and Urinating in Public. If you are charged with any of these offenses or others while you are enjoying the events over the next week, contact the attorneys at Garmo & Kiste, PLC. We are experienced criminal defense attorneys and have represented hundreds of cases in Metro Detroit including the 44th District Court in Royal Oak and and 43rd District Court Ferndale. For more information, contact the attorneys at Garmo & Kiste, PLC at (248) 398-7100 for a free consultation or send us a private message.

Michigan Implied Consent Law

iStock_000012031771SmallMichigan Implied Consent Law: The Risk of Refusing Tests

If you are a Michigan resident, you should be aware that the act of operating a vehicle enters you into an implicit agreement to submit to alcohol testing. MCL 257.625c dictates that any individual who operates a motor vehicle on a public highway or other place open to the general public or generally accessible to motor vehicles within the state is considered to have given consent to chemical tests of his or her blood, breath, or urine to determine if he or she has been using alcohol or another controlled substance in certain circumstances. These circumstances include if you are being arrested for operating while intoxicated or while visibly impaired.

Violations occur when an individual is arrested under one of the provisions cited in MCL 257.625c including operating while intoxicated and the driver has refused to submit to a breath test. Though it is not mandatory that you submit to a breath test, you should know that refusal is de facto an implied consent violation. Some individuals refuse under the assumption that it may help them avoid the primary charge including operating while intoxicated. However, the officer will almost always proceed to obtain a warrant to do the testing and the implied consent violation has already occurred.

An individual seeking to challenge the refusal violation must request a hearing within 14 days of the date of notice. Time is of the essence in these cases. The ramification of violating the implied consent provision is a one-year suspension of your operator’s license. Note that this applies only to the first refusal. If you refuse a second time within seven years of the first refusal, your operator’s license may be suspended for a period of two years. There may also be special ramifications if you have a commercial operator’s license.

There is an exception to the implied consent rule under MCL 257.625(c)(2) for individuals that suffer from hemophilia, diabetes or other conditions requiring the use of an anticoagulant which may justify the refusal to submit to a blood test. This defense should be raised by your attorney because an officer may neglect to include this information in his report thus subjecting you to punishment.

Losing your operator’s license has a severe impact on your life economically and socially. If you were arrested for operating while intoxicated or any of the other offenses cited in MCL 257.625c and refused to submit to alcohol testing, contact the attorneys at Garmo & Kiste, PLC. We have extensive experience handling cases in the Metro Detroit area, giving is the expertise necessary to handle these intricate cases. Contact Garmo & Kiste, PLC at (248) 398-7100 now for a free consultation or contact us with a private message.

Tigers Opening Day Criminal Charges?

Tigers Opening Day Criminal ChargeOpening Day 2014, Tigers take on Kansas City Royals

Opening day is here and with it spring temperatures. While we all remember past opening days when it was chilling and people were anxious to head home early, this year it’s actually nice enough to be outside and even hit the bars after the game. However, police are active and in the area during opening day and are often writing an inordinate number of citations.

Have you been charged with urinating in public at the Tiger’s opening day? If so, you may be charged under the city ordinance, or state law. Detroit’s code Sec 28-9-2.0- Indecent exposure states that “No personal shall make any indecent exposure of his or her person in any public place.” MCL 750.335a states: A person shall not knowingly make any open or indecent exposure of his or her person or of the person of another. Violation of the section is a misdemeanor punishable by imprisonment for not more than 1 year, or a fine of not more than $1,000.00, or both. While both of these sound fairly ambiguous and like they are not a big deal, they actually have pretty serious consequences. You can end up on the sex offender registry unless these charges are successfully negotiated and reduced by an experienced attorney.

Have you been charged with a drinking and driving/DUI offense on opening day? Michigan law provides strict penalties for operating while impaired (OWI), operating while visibly impaired (OWVI), and OWI High BAC (HBAC Law), where your blood alcohol content is .17 or above. These are difficult charges to handle with an attorney, let alone on your own especially if it is not your first offense. You are looking at licensing ramifications, as well as potential jail time, court costs and fines. An experienced attorney can work to mitigate these penalties and protect your rights.

Finally, each year around this time we hear from people who have been charged with a Minor in Possession (MIP), open intoxication/public intoxication (public intox or open intox), or drunk and disorderly conduct. These are all misdemeanor offenses which can be negotiated with the city attorney or prosecutor to minimize the effect on your life. However, without an experienced attorney you risk jail time, a permanent criminal record, and high costs and fines. Our offices work with local prosecutors and city attorney’s every day and can work to get you the best deal available so you can go on to enjoy the rest of the season in peace. Contact Garmo & Kiste, PLC at (248) 398-7100 for a free consultation or contact us with a private message.

Michigan Drinking and Driving BAC limit stays at .08

Drinking and Driving BAC limit at .08Michigan Drinking and Driving BAC limit stays at .08:

In 2003 there were 340 deaths related to drinking and driving. The legislature acted to lower the BAC threshold for drinking and driving from .10 to .08. By 2011, drinking and driving related deaths had dropped to 253. The law lowering the limit was originally temporary. It would have reverted back to .10 on October 1st. The Senate unanimously voted to retain the .08 threshold.  This was not entirely unexpected based on the relatively recent passage of the “Superdrunk” law. It seems the Michigan legislature aims to take a hard line with respect to drinking and driving offenses across the board. If you or someone you know is charged with a drinking and driving offense, it could have serious repercussions with respect to driving privileges and your criminal record. An experienced attorney can minimize this effect.

To retain Garmo &Kiste, PLC call us at (248) 398-7100 for a free consultation or contact us with a private message.

See also, http://www.freep.com/apps/pbcs.dll/article?AID=2013304240087

Can you get a dui for driving a lawn mower? Bloomfield Township Man’s Arrested for Drinking and Driving a Lawnmower

Can you get a dui for driving a lawn mower?Can you get a dui for driving a lawn mower?

Late last month, a 47 year old man who had been drinking decided he had some pressing errands that couldn’t wait for him to sober up. Whether a lawnmower is Mr. Walton’s vehicle of choice, or he was trying to avoid drinking and driving is unknown, but he fired up his lawnmower to head to the store. Police spotted the lawn mower parked at a local store, observed him exiting and begin to drive it. Upon determining Mr. Walton was intoxicated the police pulled him over and he was promptly arrested for felony drinking and driving. As the original article notes “Michigan law doesn’t care whether it’s a lawn mower or a Lamborghini, if you drive a motor vehicle while intoxicated” you are subject to arrest for drinking and driving. Pursuant to Michigan law, any vehicle with a motor is covered. If you or someone you know has been charged with a drinking and driving offense of ANY kind contact Garmo & Kiste, PLC, for assistance in these matters call us at (248) 398-7100 for a free consultation or contact us with a private message. We are experienced Michigan attorneys with offices in Troy, MI.

 

HGN (Horizontal Nystagmus Gaze) Testing

HGN (Horizontal Nystagmus Gaze) TestingHGN (Horizontal Nystagmus Gaze) Testing

If you have ever been pulled over and suspected of drinking and driving, you might know there are a series of tests officers administer prior to the BAC known as field sobriety testing. This can include walking heel to toe, saying the alphabet backwards, and or following an object with your eyes and not your head tests (HGN). While in the past I had thought this was only to see if you were able to directions, it turns out there is a biological reason behind the last test. If you have not been drinking (absent some major neurological disorders), your eyeball will pan across a landscape following object at a consistent pace. If you have been drinking though, it will jump from frame to frame across your field of vision. Think of it like the difference between a continuously variable transmission and stick gear shifting. As such, it is impossible to mask this biological reaction. On the other hand, the interpretation of this result is entirely up to the officer so there is very little way to independently confirm the officer’s findings. If you have gotten this far in the process though, there is probably other evidence that is sufficient to uphold your DUI absent extenuating circumstances. Very, very few DUI/OWI/OWVI/DWI offenses get overturned entirely. At this point, it is best for you to focus on minimizing the consequences through strong representation. An experienced attorney knows the ins and outs of metro Detroit courts, various judge’s proclivities, and can work to negotiate a lenient plea agreement and sentence for you.

To retain Garmo &Kiste, PLC call us at (248) 398-7100 for a free consultation or contact us with a private message.