Category Archives:Legislation

Ann Arbor, Bay County and Highland Park Courts Online

Ann Arbor, Bay County and Highland Park Courts now Online Ann Arbor District Court, Bay County District Court, and Highland Park District Court Debut Online Traffic Court

As part of the continuing “Judge Online” movement, several local courts recently signed with a software service that allows civil infractions, or even low level misdemeanor crimes to be handled online. Programs such as these are part of an increasing move to make courts more efficient. However, we still wouldn’t recommend that you go out try to negotiate your own ticket or misdemeanor.

The problem lies in the nature of the procedure the software requires. Per their own directions, step 2 is “if you’re willing to admit guilt but would like to negotiate for a lesser charge, you compose an explanation of your circumstances-perhaps even a justification of your actions- and submit it through the court’s website.” This is the exact opposite of how our attorneys would recommend that you proceed. Once you have admitted guilt, there is no incentive left for prosecutors and city attorneys to come to a deal. All they would have to do if you fought a ticket was prove your guilt. If you have just admitted guilt, why would they offer you a better deal? You have done their job for them. Even if this system provides marginally better deals, it does not match the value of meeting a prosecutor face to face to argue your case. Showing you are willing to hire an attorney to show up and fight your ticket demonstrates that you are not going to go away easily, and it is in the prosecutor’s best interest to give you a great deal.

The 74th District, 14A District, and 30th District courts are betting at you won’t do more than log on and ask for a reduction in the charge. However, it is the squeaky wheel that gets the oil. Are you going to be satisfied with a slight reduction in the charge or do you want the best deal available? If you don’t want to roll the dice with your traffic record, or criminal record contact Garmo & Kiste, PLC call us at (248) 398-7100 for a free consultation or contact us with a private message.

Ann Arbor, Bay County and Highland Park Courts Online

Michigan Cell Phone Ban Tickets: Governor Snyder Approves Cell-Phone ban for Teenage Drivers

Michigan Cell Phone Ban Tickets

Cell phones and driving have always been controversial. There are those who say it is just like talking to a person in the vehicle, those who argue that Bluetooth technology solves the problem, and those who are in favor of an outright ban. However, the anti-texting and driving bans have proven popular and seem to have made some inroads into the ability to legislate this touchy issue.

Governor Snyder signed “Kelsey’s Law” which makes driving while talking on a cell phone as a teenage driver (Or level I and II driver) a civil infraction. The law is named after a 17 year old Sault Ste. Marie young woman who was killed in a car accident while talking on her cell phone. For more information please see:

http://www.detnews.com/apps/pbcs.dll/article?AID=2013301080438

The sentence is to be determined by local municipalities.

Michigan Cell Phone Ban Tickets? For all of your legal needs call Garmo & Kiste, PLC at (248) 398-7100 for a free consultation or contact us with a private message. We are experienced Michigan attorneys with offices in Troy and Lake Orion, MI.

Cash for Clunkers - Legislation Pitfalls

Cash for Clunkers - Legislation PitfallsCertainly the Car Allowance Rebate System (CARS) and the Cash for Clunkers program has not only increased automobile sales, created great dealership and automaker profits, stimulated the stagnant economy, and provided monetary relief too many consumers such as you and me. It is becoming increasingly apparent that the CARS and the Cash for Clunkers law was written without comprehensive vision and contains several pitfalls, the losses of which dealerships are trying to force on us the consumers. Our law firm now is receiving calls daily concerning the application of the CARS and the Cash for Clunkers program, and as of today we have already been retained by two clients with regard to the application of the law.

The main problem with CARS and the Cash for Clunkers program is when you purchase a new vehicle from a local dealership with the understanding that you will receive either the $3,500.00 credit or $4,500.00 credit from the federal government’s CARS program for the destruction of your “clunker” and then you enter into a contract with a 3rd party financier for the balance (or pay the balance in cash), drive off the lot in your new car, your “clunker” is then crushed, and then the federal government denies credit because the vehicle is in some way ineligible. CARS and the Cash for Clunkers programs do not consider this scenario. The legislature’s comments concerning the law seem to indicate that the loss would fall upon the dealership. However, this has not stopped dealers running promotions they should have known were not going to receive the credit from bullying consumers, wrongfully holding up transfer of title on your new vehicle, leaving harassing messages on your phone, and threatening lawsuits when the $3,500.00 credit or $4,500.00 credit from the federal government’s CARS program even though your “clunker” has already been destroyed.

Don’t let your automobile dealership bully you into reimbursing them $3,500.00 or $4,500.00 for a mistake they made regarding the eligibility of your clunker. Get the facts and know your rights. To discuss your situation or for more information about CARS and Cash for Clunkers Program and to retain Garmo & Kiste, PLC call us at (248) 398-7100 for a free consultation.

Some dealerships burned by CARS and the Cash for Clunkers program now require individuals to sign a contingency agreement concerning the reimbursement of the credit should your clunker be rejected by government under the program. One thing is certain- a consumer does not have to sign the contingency arrangement in order to participate in the CARS program. If your dealer requires you to sign such a contingency arrangement in order CARS program, you need to find another dealer to purchase your car from, don’t let a dealership take advantage of you.

For questions concerning the Cash for Clunker Program, CARS, and your new car’s contract and to retain Garmo & Kiste, PLC call us at (248) 398-7100 for a free consultation.