Last week, she finally found out her punishment. Fakih was sentenced to six months of probation and 20 hours of community service for her offense. She was also fined $300 and must pay $300 in court costs plus other fees.
]]> As part of her sentence, she will attend an alcohol safety class. She will also have to go to both an elementary school and a high school to speak to students about the perils of drinking and driving. Fakih's attorney had expected her to serve her sentence in California, where she is pursuing a career in the entertainment industry.However, she elected to stay in Michigan for her community service, saying that she hopes to give back to communities in Detroit. The attorney who prosecuted her case echoed his sentiments that Fakih can positively influence the young people in Michigan who look up to her.
The circumstances of Fakih's arrest were not uncommon: she was observed speeding, driving erratically and weaving in and out of traffic. She also registered a blood-alcohol level of more than twice the legal Michigan limit. Fortunately for her, she was not prosecuted under the super drunk driving law, which provides for stiffer penalties for drivers convicted of DUI who have blood-alcohol levels of more than twice the legal limit.
Source: The Detroit News, "Former Miss USA Fakih 'relieved,' gets probation for drunken driving," Christine Ferretti and Josh Katzenstein, May 10, 2012
]]>The OWI charge led to immediate action by Craddock's basketball coach, who suspended the 21-year-old senior indefinitely after his arrest near the school campus in Mount Pleasant, Michigan. The charge, OWI-first offense, could subject the young man to a fine of $500 as well as either 360 hours of community service or 93 days in jail.
]]> Because of Craddock's status as an athlete on a highly visible team on campus, news of his arrest spread quickly. However, there are many more students who run into trouble with drunk driving-related charges in the state of Michigan at any given time.As an athlete on scholarship, Craddock's arrest could lead not only to the penalties of law but the possible revocation of his scholarship. He might not be able to finish school without it, so his arrest could have multiple unintended consequences.
Fortunately, he has options. He might be able to challenge the validity of the field sobriety tests that were issued to him, for example. An experienced drunk driving defense attorney can help explore those options for mounting a defense and conduct a thorough investigation to make sure police adhered to protocol during the course of the traffic stop and subsequent arrest.
Source: Central Michigan Life, "CMU basketball guard 'suspended indefinitely' following Saturday arrest," Aaron McMann, April 24, 2012
]]>In fact, this year, police around the state conducted an enhanced enforcement period that lasted from mid-March through the end of the month. Data on the sweep have now been compiled, and authorities reported more than 8,000 traffic stops and nearly 4,000 arrests or citations were made during the period.
]]> Of those figures, authorities arrested just over 400 drivers on suspicion of drunk driving. While police tactics in the course of an arrest are always worth examining, it is especially to do so when drunk driving allegations are made during a crackdown such as the one that just wrapped up.With the potential for added pressure to improve numbers during a sweep like this one, it is possible that the rights of those who were arrested could have been violated. Was there probable cause to make all of the traffic stops? Just as importantly, were all the breath tests properly administered?
With an unusually high number of traffic stops and arrests coming through the system, the potential for error is high. Officers might not be well equipped to handle a large volume of these cases and treat them with the care and diligence required by law. People who feel as though their breath tests were not valid might be able to dispute them in court if they have a capable criminal defense attorney on their side.
Source: WOOD-TV, "405 arrests in drunk driving crackdown," April 23, 2012
]]>Among the penalties that someone convicted of super drunk driving for the first time are a license suspension of a year, a maximum jail sentence of up to 180 days, large fines and a required use of an ignition interlock device for a year.
]]> Those who support the law argue that people who have blood alcohol levels of more than .20 -- the standard for super drunk driving is more than twice the legal limit of .08, which would be .17 -- are in danger of blacking out behind the wheel and might need to be hospitalized. Some people, however, who are longtime abusers of alcohol may be able to function, albeit at a still-impaired level, even at .30 or above.Not surprisingly, advocacy groups such as Mothers Against Drunk Driving say the law fails to go far enough. The state executive director of MADD says that there should be enhanced penalties for those who exceed the .08 standard but are still below the .17 benchmark.
Since the law's introduction, more than 3,000 people have been convicted. That works out to about six drivers per day, according to state driver's license records. Officials say it may take a decade to truly see if the law is having a meaningful effect of keeping super drunk drivers off the road.
If you have been charged with super drunk driving or any other driving offense, it is imperative that you retain an experienced defense attorney who can protect your interests and present a solid defense.
Source: The Detroit News, "Local police target Super Drunks," Mike Martindale, April 16, 2012
]]>Fakih was allegedly weaving in and out of traffic and speeding when Highland Park police pulled her over in December. Authorities said her car had an open bottle of champagne behind the driver's seat. They conducted two breath tests which each recorded figures above the legal limit: the first showed .20 and the second .19 -- each above the Michigan standard of .08.
]]> Fakih's attorney not only said that he expects her to be sentenced to probation, but also that she will be able to serve it in California. This would be a great advantage for her, as she is pursuing various opportunities in the entertainment industry. Such plans would be considerably more difficult to achieve in Michigan.If the former beauty queen does indeed receive probation, it will not be the equivalent of getting off scot-free. She will still have to check in with a court-appointed officer from time to time. However, based on her breath test results at the time of her arrest, not having to spend any time in jail would be a great relief -- and an example that people who are arrested for drunk driving should do what they can to fight the case. Such outcomes are often achievable when an experienced defense attorney is retained.
Source: CBS News, "Rima Fakih, former Miss USA, pleads no contest in drunk driving case," April 11, 2012
]]>Genetski was pulled over and was given a field sobriety test. Genetski thought he had successfully passed the test, but at the conclusion of the incident, the officer who pulled him over chose to give him a Breathalyzer test. Genetski refused to take the breath test and was arrested.
]]> At the police station about an hour and a half after the arrest, officers administered a blood alcohol test. The reading came back at .08, which is the legal limit in Michigan. Genetski, however, felt as though he was safe and sober to drive and has fought the case ever since.As part of protocol in a drunk driving case, Michigan's secretary of state suspended Genetski's license; the suspension was to take effect last week. However, the legislator appealed that decision and petitioned the court for a restricted license, which was granted. His attorney said the focus can now be on fighting the drunk driving charges.
Genetski's attorney apparently plans to challenge the idea that the man was legally drunk when he was arrested. He says that because blood alcohol measurement methods can be uncertain, there is not a verifiable way to determine exactly what Genetski's blood alcohol content was at the time of the traffic stop.
Source: CBS Detroit, "Judge: Lawmaker Facing DUI Charge May Drive For Work, Court," April 5, 2012
]]>The 29-year-old man, who lives in Marshall, Michigan, got into the accident around midnight Saturday and reportedly took off running from the crash site. He was picked up while walking along the side of M-60 by a passing sheriff's deputy about seven hours later. He was taken to the hospital to treat injuries he sustained in the crash.
]]> Police say the accident was caused by the driver going too fast for conditions at the time. An officer who saw the accident scene said it was miraculous that nobody was killed in the crash. After the Ford Taurus left the road, it glanced off a tree and then hit a large oak tree. Three of the four passengers were admitted to hospitals; the fourth was treated and released. One of the passengers who was admitted to the hospital is several weeks pregnant.Fortunately for the driver, everybody in the crash survived. He was charged, however, with leaving the scene of a serious injury accident as well as drunken driving causing serious injury. Each of those charges carries a maximum penalty of five years in prison. Once his physical injuries heal, he will likely need to present a strong defense for his actions in order to avoid serious punishment.
Source: mlive.com, "Man accused of driving drunk, leaving crash that injured himself, four others is charged with two felonies," Danielle Salisbury, April 2, 2012
]]>A person Driving While Intoxicated (DWI) who causes serious impairment of a bodily function of another person is guilty of a felony, punishable by imprisonment of up to five years, and/or a fine of up to $1,000.00. A forfeiture of the vehicle or immobilization of the vehicle may also be ordered.
If this violation occurred after two or more prior convictions, regardless of the number of years that have passed since the prior convictions, the person may be charged with a felony, which is punishable by a fine ranging from $500.00 to $5,000.00 and one of the following:
(1) Imprisonment, ranging from 1 to 5 years; or
(2) Probation with imprisonment in the county jail ranging from 30 days to one year and community service ranging from 60 days to 180 days. Forty-eight hours or more of the imprisonment shall be served consecutively and the imprisonment may not be suspended.
If you have been charged with a DWI, it is imperative that you retain an experienced defense attorney who can protect your interests and present a solid defense.
]]>The accident occurred in the middle of the night. Callers to police reported a Land Rover driving at least 100 mph on the freeway. Less than a minute later, police officers were requested to attend to a two-car crash on a nearby overpass. The crash involved the Land Rover that had been reported to 911 earlier.
]]> When investigators arrived, they found the Land Rover heavily damaged. Investigators have preliminarily determined that the SUV slid on its roof for hundreds of feet after it rear-ended another vehicle. Both of the drivers were taken to a local hospital and then released. The Land Rover's driver was taken to the county jail after a preliminary breath test allegedly revealed a blood alcohol content of .28 percent.If this is the driver's first alleged DUI offense, he would likely be subject to Michigan's super drunk driving law, which has substantial criminal penalties. Under this program, drivers are subjected to longer potential jail sentences, higher fines, extended suspension of the driver's license, and mandatory alcohol rehabilitation.
While any DUI charge must be taken seriously, a conviction under the super drunk driving statute can be especially serious if not addressed properly by an experienced attorney. For many people, driving is intertwined with their livelihood, and if they are unable to legally drive for an extended period of time, it could have serious consequences.
Source: mlive.com, "Drunk, speeding 20-year-old Kalamazoo man rear-ends car on I-94 near Cooper, slides on roof for 100s of feet," Aaron Aupperlee, March 23, 2012
]]>The man, who at the time was an assistant city attorney in Warren, claims that he was arrested because of retaliation by the officers, one of whom was married to an assistant to the city's mayor. The man who is suing claims that the mayor and his assistant blamed the man for critical statements about them made on a website that was known for being critical toward the mayor. The man denies those claims.
]]> He was arrested and allegedly successfully completed field sobriety tests, but then refused to take a Breathalyzer test. At that point he was arrested and taken to the police station. He was given the test three times. The first test came back with an invalid reading, while the second registered 0.07 percent, just below the 0.08 standard for DUI.However, a third test was administered and registered at 0.08. The man then requested an independent blood test, which registered just short of the legal standard at 0.07. The lawsuit names only the two arresting officers as defendants, not the mayor or his then-assistant (who is now on the city council). The attorney is no longer with the city; he is now employed by the Michigan Attorney General's Office.
Source: Detroit Free Press, "Ex-city lawyer suing Warren, 2 officers over 2009 drunken-driving arrest," Peggy Walsh-Sarnecki, Mar. 19, 2012
]]>However, a proposed law in one state would at least transfer some of that evaluation to an untrained group: the general public. The law would reward someone who reports a possible drunk driver with $100 if that driver is ultimately convicted.
]]> The purpose of the California legislation, according to its sponsor, is to reduce the number of fatalities on the roads. However, it could very easily have several unintended consequences. For one thing, observers might have ulterior motives for reporting a drunk driver. Introducing a reward component might lead someone to report someone who is probably not intoxicated in the hope of getting a financial benefit.This legislation would also likely lead to many extra calls coming in to 911 to report suspicious activity. It would seem that if a driver is clearly intoxicated enough for a bystander to notice, someone would have called to report it anyway. And if multiple people successfully report the same drunk driver, it might take a lot of public resources in the form of time and money to sort out which one is owed the reward -- which, by the way, is to be paid by driver if he or she is convicted.
Source: Los Angeles Times, "California lawmaker proposes reward for reporting drunk drivers," Patrick McGreevy, Mar. 12, 2012
]]>The study, conducted by the Insurance Institute for Highway Safety, tracked the driver records of those who had been convicted of DWI in Washington. That state instituted a requirement several years ago that every driver convicted of DWI must use an interlock device, which measures a person's blood alcohol content based on breathing into the machine.
]]> Before the requirement, the installation of such a device only applied to some people: those who were repeat offenders, those who had refused a test, and those whose blood alcohol readings were abnormally high.Since the adoption of the new requirement where all drivers convicted of DWI must use the devices, the rate of repeat drunk drivers went down by 12 percent. The study did not attempt to determine if this was due to those drivers getting behind the wheel less or if it was because they were less inclined to drink in general.
One expert said that the devices were a better deterrent than simply a suspended license. The reason, she said, was that a person can easily drive with a suspended license, but an interlock device would physically prohibit the car from moving if the breath test is not successful.
The Michigan Legislature is not currently considering modifying Michigan's law to require first time offenders to utilize an ignition interlock device.
Source: Los Angeles Times, "Drunk driving study: Car interlock devices reduce repeat offenses," Jerry Hirsch, Mar. 6, 2012
]]>What is not clear is whether the minor who called the authorities would also receive "amnesty" from a possible charge of Furnishing Alcohol to a Minor. Furthermore, if the minor who is furnishing alcohol results in the death of another minor, the minor who furnished the alcohol could be charged with a felony, for which the minor may face a significant prison term.
If a minor is charged with Minor in Possession, Furnishing Alcohol or Furnishing Alcohol Resulting in the Death of a Minor, it is imperative for the minor to retain an attorney who can zealously represent the minor and defend his/her rights.
]]>Police became suspicious when neighbors of the club called to report an unusually large number of cars at a time when the club is normally closed. Three officers then went to the club, but as word got out that police were there, panic ensued and the kids present scattered.
]]> Ultimately, police caught 30 teenagers, while another 20 or 30 got away. One of the kids drove through a fence on the club's property to escape. Officers said that youth, along with another youth who stole a key to the clubhouse from his parents, could face charges in addition to the minor in possession of alcohol offenses they may be charged with.Punishment for minors who are caught with alcohol can be strict. In many cases, it's not just the penalties -- a fine and community service for a first offense -- but the damage to a person's reputation that must be considered. A spokesman for the school district also said that the kids involved could face discipline in the form of suspension from extracurricular activities.
Some of the kids allegedly posted details of the illicit party to Facebook, which could provide authorities looking for the kids who got away with some leads -- as well as evidence against those who posted the information.
Source: WSBT.com, "Edwardsburg underage drinking bust could lead to criminal charges," Kelli Stopczynski, Feb. 6, 2012
]]>At the time, a blood test administered while the lawmaker was in custody allegedly showed his blood alcohol level at 0.066. He was arrested for impaired driving and was released about four hours later. He has now been formally charged, according to the East Lansing District Court, based on authorization from the Ingham County Prosecutor's Office.
]]> The representative was charged with one count of operating a vehicle while intoxicated, which is a misdemeanor, and one count of refusing a preliminary breath test, which is classified as a civil infraction. According to a spokesman for the lawmaker, he is frustrated with the charges and believes that he was sober when he was arrested.At this point, the lawmaker may want to challenge the circumstances of the arrest and the results of the blood alcohol level findings. There are many considerations to take into account, not the least of which is that the representative performed well during the field sobriety test up until the point when he refused to take a breath test.
If the lawmaker refused to take a roadside breath test, he would receive a civil infraction with no licensing sanctions. As of right now, the lawmaker still has his driver's license. In the event the lawmaker refused to take a breath test at the police station after his arrest, his license would be suspended for a year and he would receive six points on his driving record, unless the lawmaker is able to demonstrate at a hearing before the Secretary of State that either the stop or the arrest were unlawful or that refusal was reasonable under the circumstances.
Source: The Holland Sentinel, "Prosecutor authorizes DWI charge against state Rep. Genetski," Megan Schmidt, Feb. 21, 2012
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