What is Michigan’s BAC Limit? Recently the Michigan Legislature acted to prevent state BAC limits from reverting back to .10, keeping the limit at .08. To allow otherwise would have rendered Michigan ineligible for significant federal highway funding which is tied to the lower BAC limit. The National Transportation Safety Board issues safety regulations, many of which have become law. Their victories include lowering the limit to .08 in the first place, and raising the drinking age from 18 to 21. They have decided to make their next fight lowering the BAC limit again, this time to .05. Citing Australia and Ireland who have lowered their rates to .05, the NTSB states that the US is practically alone in having such a high BAC limit. They allege that Australia saw 8%-18% reduction in drunken driving deaths. That seems like a fairly large margin of error.
For your reference here is a map of BAC limits around the world.
http://chartsbin.com/view/2037
It seems if this were really such a problem, we would be hearing a lot of anecdotal evidence of people being pulled over, breathalyzed, and blowing between .05 and .08. In our experience, this is pretty rare. Most clients who have been arrested for Drinking and Driving offenses blow at least a .10, plausibly because until that point of inebriation driving impairment is not often visible.
To retain Garmo &Kiste, PLC call us at (248) 398-7100 for a free consultation or contact us with a private message.
What Should I Do If I Receive An Out Of State Traffic Ticket?
Pleading guilty to a ticket and paying the fines can have very bad consequences and should never be the solution. You should always consult with a traffic defense attorney if you have received a traffic violation in another state just to evaluate your options and see if the traffic violation will affect your license.
In many cases an attorney can fight your ticket and help you get a reduction in points and fines. Many states also do not require the personal appearance of a driver in court where a legal representative has been hired. Consulting with an experienced traffic defense attorney can help you understand the penalties of your offense and can shed some more light on how an out of state traffic ticket may affect your license in Michigan.
Author Bio:
Adam H. Rosenblum is a licensed traffic defense attorney in New York and New Jersey his websites are www.ticketdefenselaw.com and www.newyorkspeedingfines.com.
_____________________________________________________________________
Will An Out Of State Traffic Ticket Affect My License In Michigan? To retain 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.
Pursuant to MCL 257.625, if you get a DUI in another state, have a DUI on your driving record and then move to Michigan, your driver’s license may be suspended for an additional length of time. While this may seem like double jeopardy, driving is a privilege not a right. Especially when moving to a new state, not having a valid driver’s license can present a real problem. You may face background checks for new employment, have your credit checked using your driver’s license number for a new lease or bank account, or just need to drive around to find your way around your neighborhood or to your new drive.
Our firm has been able to negotiate on behalf of our clients to get this term of suspension dropped, reduced, or to count prior driver’s licenses suspensions as concurrent. Upon moving to a new state getting your life in order without being able to drive can be nearly impossible. Even if you are already established, you will need to arrange for transportation to work, and other places. We can put our experience to work for you and get you back on the road sooner.
Need a Michigan Driver’s License Restoration Attorney? To retain Garmo & Kiste, PLC call us at (248) 398-7100 for a free consultation or contact us with a private message.
Biomarkers are a blood protein that can be indicative of the not only the presence of alcohol, but also usage patterns, alcohol dependency, and relapse in the case of alcoholics. They can be identified rapidly and with a high level of certainty by a simple blood test. The only confounding factor yet identified is the presence of alcohol in household and personal hygiene items such as mouthwash or hand sanitizer. Previously labs could identify indirect residue of alcohol consumption based on effects primarily to the liver and other measures of body chemistry. These tests are direct as they test for analytes of alcohol consumption. They are therefore more reliable.
What does this mean for you? If you are on bond or probation, subject to alcohol testing, or required to be abstinent as a condition of your driving privileges the level of supervision you face may be about to go up. On the other hand, as the tests become more specific and fine-tuned, there is less of a chance of a false positive and could be used to your advantage. Currently probation officers and roadside tests use PBT testing, or at the very best the datamaster. PCT is notoriously unreliable and the datamaster may give rise to many implied consent violations for those who are unable to perform the test. An experienced attorney can work to get you off of probation faster, or to get a type on non-reporting probation so that you don’t have to submit to the uncertainty of drug testing, regardless of the procedure used.
Biomarkers and Alcohol Testing: To retain Garmo & Kiste, PLC call us at (248) 398-7100 for a free consultation or contact us with a private message.
Previously we have written about when a person with a suspended license moves to Michigan. This is a difficult situation, but what about when a Michigan resident with a suspended Michigan license moves out of state? Unfortunately this is becoming a more common occurrence as people leave the state of Michigan for job opportunities elsewhere. Procedurally these cases are very similar to a Michigan resident’s Driver’s license restoration. However, once the appeal goes through, you will be granted a clearance meaning that the hold on your license is cancelled. This means you will be free to get a new license in your new state. Our lawyers are experienced in driver’s license restoration and understand that it is inconvenient to handle a complicated administrative matter from out of state. We can handle the hassle and stress for you, allowing you to focus on more important issues.
Are you a Out of State Resident with a Revoked Michigan License? To retain Garmo & Kiste, PLC call us at (248) 398-7100 for a free consultation or contact us with a private message.
Recently, our firm was able to help a client with a tricky driver’s license restoration problem. He had received a DUI in another state and upon moving to Michigan was informed that he would face another term of license suspension. While this may seem like double jeopardy, in fact driving is a privilege not a right. Our firm was able to negotiate a deal for him whereby he was essentially credited for the suspension he had previously completed. He now has full driving privileges in Michigan.
We are very proud of the results we were able to negotiate for this client and would love the chance to help you with your driver’s license restoration or other legal problem too. Dealing with an out of State DUI Michigan Driver’s License Suspension To retain 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.
Were you charged with misdemeanor of open intoxication after drinking in a vehicle? Even having an open beverage in the vehicle is sufficient in some circumstances to run a foul of MCL 257.624a. For example, you may not have an “open” (but recorked) bottle of wine in the passenger compartment of your car unless it has no trunk and is not within easy access of any occupants. If you have been charged with this demeanor, it is a serious crime with serious ramifications. You may be assessed high court fines, incarcerated, and will have a permanent criminal record. An experienced attorney may be able to question the validity of the stop and search. Further, through negotiations with the Prosecutor or City attorney we can try to negotiate a modification, reduction, or dismissal of charges. At Garmo & Kiste, PLC we frequent Metro Detroit court’s and have experience with the attorneys and judges assigned to your case. Our goal is to get you sentenced pursuant to a diversionary program whereby after completing a period of probation or other court terms such as community service the crime will be removed from your record. Michigan Open Container Charges? To retain 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.
257.624a Transportation or possession of alcoholic liquor in container open or uncapped or upon which seal broken; violation as misdemeanor; exception.
Sec. 624a.
(1) Except as provided in subsection (2), a person who is an operator or occupant shall not transport or possess alcoholic liquor in a container that is open or uncapped or upon which the seal is broken within the passenger compartment of a vehicle upon a highway, or within the passenger compartment of a moving vehicle in any place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, in this state.
(2) A person may transport or possess alcoholic liquor in a container that is open or uncapped or upon which the seal is broken within the passenger compartment of 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 in this state, if the vehicle does not have a trunk or compartment separate from the passenger compartment, the container is enclosed or encased, and the container is not readily accessible to the occupants of the vehicle.
(3) A person who violates this section is guilty of a misdemeanor. As part of the sentence, the person may be ordered to perform community service and undergo substance abuse screening and assessment at his or her own expense as described in section 703(1) of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1703. A court shall not accept a plea of guilty or nolo contendere for a violation of this section from a person charged solely with a violation of section 625(6).
(4) This section does not apply to a passenger in a chartered vehicle authorized to operate by the state transportation department.
Have you or someone you know been charged with the misdemeanor of use of “stolen license plates”? Even if you were just borrowing the plates, you are facing a serious crime and need an experienced attorney to attempt to negotiate a deal with the prosecutor. By getting the charges reduced, modified, or dismissed you can avoid paying high court costs, going to jail, and a permanent criminal record. Stolen Plates Charges? MCL 257.256 To retain 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.
257.256 Unlawful lending or use of certificate of title, registration certificate, registration plate, special plate, or permit; unlawful carrying or display of registration certificate or plate; violation as misdemeanor; penalty; unlawful display of registration plate on commercial vehicle.
Sec. 256.
(1) A person shall not lend to another person, or knowingly permit the use of, any certificate of title, registration certificate, registration plate, special plate, or permit issued to him or her if the person receiving or using the certificate of title, registration certificate, registration plate, special plate, or permit would not be entitled to the use thereof. A person shall not carry or display upon a vehicle any registration certificate or registration plate not issued for the vehicle or not otherwise lawfully used under this act.
(2) Except as otherwise provided in this section, a person who violates this section is guilty of a misdemeanor, punishable by imprisonment for not more than 90 days, or by a fine of not more than $100.00, or both.
(3) A person who displays upon a commercial vehicle which is required to be registered according to the schedule of elected gross vehicle weights under section 801(1)(k) any registration plate not issued for the vehicle or not otherwise lawfully used under this act is guilty of a misdemeanor, punishable by imprisonment for not more than 90 days, or by a fine of not more than $500.00, or both.
If you are driving a personal vehicle and you refuse to submit to a PBT it is only a civil infraction. However, it is much more serious if you are driving a commercial vehicle. Refusal of a Preliminary Breath Test (PBT) in a commercial vehicle is a 93-day misdemeanor and or a fine of up to $1,000.00. This is before the Secretary of State imposes its licensing restrictions. In order to keep you out of jail, save you money, and preserve your livelihood it is imperative to retain an experienced attorney. An experienced attorney can investigate the cause for the stop and preliminary breath test. Through negotiation with Prosecutors or the City Attorney assigned to your case, we can attempt to get the charges reduced, modified, and/or dismissed. Additionally we can attempt to get you sentenced pursuant to a diversionary program so that once you have completed a term of probation or other court terms the charge will be removed from your record. We can ever represent you in a Driver’s License Restoration hearing for the Secretary of State.
Charged with Commercial Driver CDL Refusal to Submit to PBT Michigan? To retain 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.
Sexual conduct in a motor vehicle is generally charged under MCL 750.335. It can also be cited as reckless driving though with other results. The statewide law against public lewdness is a misdemeanor and if convicted, it will be on your record forever. In order to prevent this it is best to hire an experienced attorney to try to reduce, modify, or get the charges dismissed. The best way to do this is through negotiation with the City Attorney or Prosecutor. As a final resort the Judge may be convinced to take your sentence under advisement, whereby it would be dismissed after completing the terms required such as a term of probation. Charged with Sexual Conduct in a Motor Vehicle Michigan? To retain 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.
