Texting and driving results in harsh sentence.

In a landmark verdict a Massachusetts court convicted a teenage driver of vehicular homicide caused by his texting while driving. The Massachusetts Judge imposed the maximum sentence of 2 1/2 years in prison for the 18 year old driver. In his case, the facts indicated that he was texting while driving and crossed the center line killing a 55 year old father.  The outcome is not surprising to me. The Court is clearly trying to send a message. There is a great temptation to just give a quick response to a text while driving. But, as everyone knows one text leads to another and another. In Michigan it is illegal to text and drive provided that the car is in motion. Grand Rapids Driving Issues The Gerald R Stahl Law office represents people charged with DUI and other driving issues in Grand Rapids and the surrounding Counties. Grand Rapids DUI Defense.

Truck Driver failure to secure or routinely check load can contribute to flatbed accidents.

There are numerous flatbed semi tractors out on our highways. Flatbed trucks are entirely flat with no sides or roof, so securing the load properly is imperative. The reason flatbeds are used is for the quick and easy loading of non-perishable goods that the weather cannot damage. Flatbed accidents can occur thru strict negligence or when the load is improperly secured on top of the truck bed. If  improperly loaded materials breaks free and can create havoc to unsuspecting  motorist following behind the flatbed truck.
The law requires professional truck drivers to check their load frequently and at specified intervals. Federal Motor Carrier Administration. Improperly trained drivers, either by training or company policy may simply neglect to inspect their loads. The log books must reflect that the driver has checked  his load at the required intervals. If you have been injured in a flatbed truck accident or any other trucking accident, contact Gerald R Stahl. Michigan Truck Accident Attorney. Gerald R Stahl is experienced truck accident accident and auto accident attorney that that has been helping families  in Western Michigan and Grand Rapids for 30 years.

Michigan's Super Drunk Driving Law means stiff penalties for high blood alcohol {BAC} content drivers.

Beginning in October, 31, 2010 Michigan created a new law for people charged with Operating while Intoxicated or OWI. The new law is commonly referred to as "Super Drunk Driving or Operating with a High BAC. A driver can be charged with this enhanced form of drunk driving if their breathalyzer result is .17 or higher. Aggressive Grand Rapids Drunk Driving Lawyer The offense is still a misdemeanor but it carries substantially higher penalties if convicted. For Instance, a regular OWI is up to 93 days in jail but a High BAC offense is up to 180 days in jail. The fines and court costs are also higher. License sanctions are much srticter for a High BAC offense. Instead of a 6 month suspension for OWI, the Super Drunk Driver receives a 1 year suspension. And, no restricted license will be issued without proof of installation of a ignition interlock device. Additionally, there are other sanctions for the High BAC driver. If a driver is charged with a High BAC offense in Michigan it is important to seek counsel immediately to avoid these devastating sanctions. At the Law Offices of Gerald R Stahl, we routinely help drivers charged with Super Drunk Driving throughout all Western Michigan Courts. Our goal is get these charges dropped or reduced. Grand Rapid's Best Drunk Driving Defense Lawyer Gerald R Stahl is conveniently located near Knapp's Corner and the 63rd District Court in Grand Rapids. Serving Kent, Allegan and Ottawa Counties for your criminal defense needs.

Mandated Speed limiter in Semi Trucks would promote safety on Nations Highways.

Federal Motor Carrier Safety Administration believes that there are clear safety benefits to electronically govern the speed of semi trucks and commercial vehicles on the highway.Federal Motor Carrier Safety Administration Apparently, they have conducted studies through The  American Transportation Research Institute and another agency and found that there would be major benefits to safety if semi trucks were equipped with an active speed limiter. American Transportation Research Institute Speed obviously is a factor that impacts the death and serious injury rate in a commercial vehicle or semi truck accident. Grand Rapids Semi Crash Lawyer The American Transportation Association would like to see legislation to mandate these devises on as many trucks as possible. As an accident attorney, Gerald R Stahl has helped numerous people seriously injured in commercial vehicle and semi truck accidents. Grand Rapids Injury Lawyer The mandatory placement of a speed limiter in commercial vehicles is a good idea to promote public safety.

Top priority after injury in an auto accident is to seek immediate medical treatment.

A person injured in an auto or truck should always seek immediate medical treatment. Even if the injuries after an auto accident do not seem serious it is always better to get checked out. Grand Rapids Auto Crash Lawyer. The reason is that injuries are not readily apparent to a person after a startling or traumatic event like an auto accident. My experience is that many people injured in an auto accident tell me they actually feel worse days after the accident. Also, if you do not seek medical immediate attention, some insurance companies argue that your injuries must not be that serious or your injuries are not caused by the accident. The bottom line is that in Michigan under the Michigan No Fault Act  the insurance companies are required to pay your medical bills so make sure you are checked out if you are injured. Gerald R Stahl has been helping victims of car and truck accidents in Western Michigan since 1982.  Personal Injury Lawyer Grand Rapids

Why do I need an experienced criminal lawyer even for a misdemeanor case?

An experienced criminal lawyer will know the prosecutors, judges and court staff in the counties where he practices. This helps the lawyer give sound and practical advice as it relates to the specific charge in your case. For Instance, in the case of a Michigan DUI, a prosecutor may have a policy on whether or not he will offer a plea bargain to a lessor offense. Criminal Defense Kent County. A judge may have a history of giving jail on certain types of crimes, but he might offer alternatives if the defendant engages in counseling. When the experienced criminal attorney advises the client, the client is armed with knowledge of what to expect and how to achieve their goals. Gerald R Stahl has represented clients charged with DUI in Grand Rapids, Ottawa County, Allegan County, and Barry County for 30 years. Grand Rapids DUI.

Are DUI Sobriety checkpoints legal in Michigan?

In Michigan, and other states, the courts have struggled with the question of whether DUI Roadblocks, or sobriety checkpoints, are constitutional. The problem is obvious that the police are intruding upon your freedom by conducting a search and seizure without any probable cause. Grand Rapids Criminal Defense. The US Supreme Court has held that these checkpoints are constitutional under the theory that the police conduct is a minimal intrusion that is outweighed by the greater interest in keeping the public highways safe. Fortunately, the Michigan Supreme Court believes that sobriety checkpoints are a violation of The Michigan State Constitution. Several other states are agreeing with Michigan and protecting their citizens against unreasonable searches and seizures. Gerald R Stahl has been protecting the rights of people charged with Drunk Driving and Operating While Intoxicated in Grand Rapids, Michigan for over 30 years. Grand Rapids Drunk Driving Defense

Allegan County false report of a stolen vehicle a bad idea for accused drunk driver.

A report appeared in the paper that a women suspected of drunk driving crashed her vehicle and abandoned it then falsely reported to the police it was stolen. It seems like every 2 or 3 years a drunk driving client will come into the office with a similar story and always a great deal of remorse. The problem is that at first blush it sounds like a good way to avoid a drunk driving. The problem is there is a snowballs chance in hell that your car was stolen and everybody knows it. That being said, in Michigan, it is a felony to falsely report a felony. Grand Rapids Michigan Criminal Defense Lawyer Furthermore, if you falsely report a felony you get charged with the crime you report. Thus, in this instance you can be charged with auto theft. In Michigan, my experience the officers immediately know the story is false and advise the suspect of the law. Consequently, the story is normally retracted. Attorney Gerald R Stahl is a Michigan criminal defense lawyer practicing in Kent, Allegan, Barry and other surrounding counties. Allegan Michigan Criminal Lawyer

Semi truck blind spots can cause major accidents.

Trucking accidents in Michigan and other states are responsible for thousands of serious injuries every year. Grand Rapids Truck Accident Attorney There are many blind spots on a commercial big rig semi truck. Blind spots do allow the truck driver to see who is behind them. Therefore, a driver should never tailgate when behind a semi truck. Additionally a semi truck driver should never tailgate since they it takes longer to stop an eighteen wheel rig then a passenger vehicle. Also, when passing a semi truck a passenger vehicle should accelerate past the big rig and avoid staying in the truck's blind spot. Attorney Gerald R Stahl has helped people in injured in truck accidents in Michigan and other states for over 30 years. Allegan, Kent, and Ottawa Trucking Accidents.

Semi Truck maintenance critical to safety on the highway.

Consider for instance, the fact that semi tractor trailers have lost their wheels while driving down the highway.
If a truck losses a wheel, you can imagine the kind of devastating accident that may occur to an unsuspecting driver.Michigan Auto and Truck Accident Lawyer Truck drivers in Michigan and other states are required to routinely their wheels and tires. Additionally, the maintenance company and the truck company itself are required are to inspect their wheels. In Michigan, if you are injured in a truck accident caused by improper maintenance, you need to hire an expert immediately to determine the cause of the accident. In a wheel loss case, the cause may be that  all the lug nuts were not properly secure. A truck accident on Michigan highways may also occur if weak or substandard parts are used to make repairs. The bottom line is that every truck driver has a duty to inspect, repair, and maintain their semi truck under both Michigan Law and the Federal Motor Carrier Safety Regulations. US Department of Transportation Attorney Gerald R. Stahl has represented victims of trucking accidents in Michigan for over 30 years. Grand Rapids Michigan Truck Accident Lawyer

The arrest video of Michigan Rep Bob Genetski shows the difficulty in performing and passing drunk driving sobriety tests.

As a Michigan drunk driving defense lawyer I am often asked whether or not a drunk driving suspect should agree to take the roadside  field sobriety tests. I think the recent arrest of Representative Bob Genetski shows the difficulty in performing the tests. In reviewing the video evidence posted online, it shows the MSU police officer conducting 5 different tests on Genetski. Genetski consents to the tests. Although the officer conducts the nystagmus eye test for several minutes, the results cannot be seen on the video and are completely subjective. He is also asked to recite the alphabet and he does that perfect. The officer also makes him perform the one leg stand, count backwards and perform the heal to toe tests.Grand Rapids Drunk Driving Defense The shear amount of the field sobriety tests he was required to perform almost ensures he would fail. The fact is that the field sobriety tests in Michigan for drunk driving are designed to make the suspect fail. The realty  is even if you are completely sober no person can perform all the tests perfect. Every person is unique and has different capabilities.West Michigan Experienced Drunk Driving Lawyer Also, a police investigation for Operating While Intoxicated would make most people very nervous. The tests are designed to help the prosecutor gain additional evidence to obtain a conviction. Finally, since the officer is going to give you PBT anyway, why perform his field sobriety tests.Gerald R Stahl defends people charged with Drunk Driving or OWI in 63rd District Court, 61st District Court, 58th District Court, 57th District Court and other courts throughout Michigan.

How does the court calculate "Pain and Suffering" after a person is injured in an auto accident in Michigan?

There is no exact ruling or statute that can be applied to measure a persons pain and suffering after an auto accident in Michigan. The judge or jury is left to decide the monetary damages after hearing all the evidence and using there common sense and best judgment. However, a large portion of personal injury settlements or awards are for pain and suffering, embarrassment, humiliation, and disfigurement. These damages include mental anguish, fright and shock, and denial of social pleasure and enjoyment. Experienced Grand Rapids Michigan Personal Injury Lawyer In Michigan, pain and suffering awards  include damages for both the past and the future. You are also entitled to recovery for impaired earning capacity after a serious car accident in Michigan so long as you as the evidence shows that it is reasonably certain to occur. Although a serious personal injury may be obvious, the injured victim needs expert medical testimony to bolster and explain how injuries interact with the bodies functions and a persons lifestyle  in the future. Attorney Gerald R. Stahl is a Fellow in the National College of Advocacy and has been protecting the rights of injured victims for 30 years in Grand Rapids Michigan and other surrounding counties. Grand Rapids Michigan Auto Accident Lawyer

What are the penalties under Michigan's new " Super Drunk" Driving Law?

Michigan's new Super Drunk Driving Law is based upon the operator of a motor vehicle having a High Blood Alcohol content. ( BAC of .17 or higher). The teeth of this new law in Michigan is that the offender will be subject to harsher penalties than a regular charge of Operating While intoxicated. Specifically up to 180 days in Jail, up to $700.00 in fines and up to 360 hours of community service. Super drunk drivers in Michigan also face a drivers license suspension for one year. Michigan Super Drunk Driving Defense Lawyer. Additionally, you may request a restricted license after 45 days, but you must have an ignition interlock device installed in your vehicle. As usual, the Michigan Secretary of State will assess you a  $1,000.00 a year driver responsibility fee for 2 years. Many people in Michigan, including some Attorneys and Judges, feel that The Michigan Driver Responsibility law is wrong and subjects the defendant to double penalties. Grand Rapids Drunk Driving Lawyer, representing clients throughout all west Michigan counties.

Should police officers be allowed to use the "Nystagmus" eye test when when conducting drunk driving investigations in Michigan?

In Michigan police officers commonly use the "Horizontal Gaze Nystagmus", HGN,  eye test while conducting field sobriety tests during drunk driving investigations. The nystagmus test has been highly criticized as a valid indicator of intoxication because of claims it is unscientific and too subjective. This is despite the fact that the nystagmus test is a federally approved test. Although the federal guidelines call for officers to use objective scoring criteria, many officers do not understand the procedure for scoring. Basically, nystagmus refers to the involuntary jerking of the eyes. In conducting the nystagmus eye test the officer will use an object such as a pencil or finger and hold it approximately a foot away and move it left to right. Then, if the eyes jerk involuntarily, the officers claim that this motion is caused by excessive consumption of an amount of alcohol or narcotics. Doctors claim there are several other factors that can cause nystagtmus. A Michigan Bar journal article is highly critical of the the HGN test and other field sobriety tests. Horizontal Gaze Nystagmus Test It is also pointed out in the article that with the nystagmus test the video cameras will not show the defendants eyes so a jury will not get the benefit of an independent evaluation. Gerald R Stahl has helped individuals charged with Drunk Driving in Grand Rapids and the surrounding Michigan Counties for 30 years.Grand Rapids Drunk Driving Lawyer

Can I sue for injuries I received on the construction site?

Construction site liability can be complicated due to the prime contractor hiring numerous subcontractors to perform intricate of the parts of the construction process. When an accident occurs it is important to obtain all the different documents between the parties. Construction accidents can be severe and often result in fatalities. Common ways injuries occur is falling from heights, getting struck by equipment or being electrocuted. The regulatory agency that oversees the safe performance at construction sites is the Occupational Safety and Health Act. Construction Safety in Grand Rapids Michigan.The prime contractor usually assumes the obligation for enforcing OSHA regulations. Under the Safety Standards Act the general contractors and construction managers have nondelegable duties for workers safety. Construction Standards in Michigan. The prime company will have a supervisory role and the capacity to protect its employees as well as those of other employers. If you are injured at a construction site or in a construction accident, contact attorney Gerald R. Stahl. Grand Rapids Construction Accident Lawyer. Gerald R.Stahl has been representing accident victims for 30 years in Michigan.

Do I have to take both a PBT test and another alcohol test in Michigan if I am suspected of drunk driving?

There seems to be a lot of confusion regarding your rights in Michigan when being investigated for drunk driving. If you are stopped by the police for operating while intoxicated in Michigan you may be asked to take a preliminary breath test or PBT. West Michigan Drunk Driving Lawyer This is a hand held breathalyzer. If you refuse the PBT, it is a civil infraction that carries a fine of $150.00 plus costs. The PBT is inadmissible in court. The officer will also read your chemical test rights.Grand Rapids Michigan Drunk Driving Help. Regardless of whether you take the PBT, you still are required to take the evidentiary test under the Michigan Implied Consent Law. Michigan Secretay of State Facts In Michigan all drivers are presumed to have consented to that test. So, if you refuse that second test there are severe consequences. You will receive 6 points added to your driving record and your license will be suspended for one year. And, these consequences are separate from the penalties for the underlying traffic offense. Best Defense Drunk Driving in Michigan. Attorney Gerald R Stahl has represented hundreds of individuals suspected of drunk driving in Michigan counties. Those counties include Kent, Ottawa, Berry, Allegan,  Ionia, Newaygo, Muskegon, Kalamazoo, and Montcalm.

Transvaginal Mesh problems and litigation begin to mount.

Transvaginal mesh is used for treatment of such conditions as pelvic organ prolapse and stress urinary incontinence.  The mesh is implanted to help and strengthen the weakened vaginal wall. Injuries caused by the implanted mesh vary according to the type of mesh used. Grand Rapids Michigan Products Liability Lawyer. The most common potential claims are injuries such as infection, pelvic pain, urinary problems, vaginal pain, extrusion of the mesh, injury to nearby organs. These types of injuries can cause the women to live with constant daily pain. There several factors in the mesh itself that contribute to a particular problem. The FDA is one good source of recent reported injuries. Medical Device Injuries If you have been harmed by the implantation of transvaginal mesh contact The Law offices of Gerald R. Stahl. http://www.geraldrstahl.com/history. Grand Rapids Medical Devices Lawyer.

Commercial Trucking accidents are investigated at a different level than auto accidents.

The Federal Motor Carrier Safety Regulations govern the use of commercial trucks on US roadways. Grand Rapids Michigan Truck Injury Lawyer. The rules cover everything from monitoring the number of hours a driver can operate to the method and records maintained in the truck. Another major factor a skilled trial lawyer will consider in a truck accident is the proper parties in a lawsuit. Not only do you sue the driver, but also the employer and in some cases the company that loaded the truck. An outside maintenance company can also be a party to a trucking accident. In investigating trucking accidents some common causes of negligence include shifting load, defective brakes, poor training, lack of road experience, poor driving conditions or tired or sleepy driver.Semi Truck Accidents in Michigan Employers are also liable for negligent hiring and supervising of semi truck drivers. Attorney Gerald R.Stahl has represented victims of trucking accidents in Michigan and other states for over 30 years. Injury Recovery after Semi Crash in Michigan.

Semi trucks should not be allowed to increase weight and size on busy highways and streets.

Increasing semi truck size and weight restrictions would likely cause greater risk to drivers on already crowded highways. Obviously, the chances of death or great bodily harm increase in a semi truck/car accidents. Overweight trucks can also cause more damage and pot holes to the roadway. West Michigan Truck Accident Lawyer . Individual State action regarding allowing more size and weight would also create a disproportionate economic advantage to different states. Semi crashes are are devastating and the federal government needs to restrict the size and weight of semi tractor trailers nationwide. Gerald R. Stahl has been representing victims in Semi truck crashes for 30 years in Grand Rapids, Michigan. Injury help in Michigan after a Semi Truck Crash.

Law says, "No to Cell phones in Semi Trucks"

A new law calls for a ban on cell phone use by semi truck operators as of January 3, 2012.This should make the highways and roads safer. This is important since, semi truck accidents are more likely than any other type of accident to cause death or serious injury. Grand Rapids Michigan Wrongful Death Lawyer. Truckers are still allowed to use hands free devices. The rule specifically prohibits interstate truck and bus drivers from using hand held cell phones while operating their vehicles. Attorney Gerald R. Stahl has represented victims of trucking accidents for 30 years. Kent and Ottawa County Semi Truck Accident Lawyer.

Arrest of Michigan State Representative on Drunk Driving charges highlights flaws in law.

The recent arrest of State Representative, Bob Genetski, on Operating While Intoxicated charges shows that police have too much discretion in making drunk driving arrests. Apparently, the legislator was stopped for the very minor offense of traveling slightly over the speed limit in the early morning hours. He was cooperative with the officer and blew a PBT (preliminary breath test), it registered only .066. West Michigan Drunk Driving Help. Clearly the driver's BAC ( Blood Alcohol Content) was under the .08 unlawful blood alcohol level in the State of Michigan. The PBT is suppose to be used to establish probable cause to arrest. Probable cause is established when someone is over the legal limit of .08. Grand Rapids Drunk Driving Lawyer. So, why then did  the officer arrest him  and ask him to blow another breathalyzer? The officer claims he showed signs of intoxication. That is purely subjective. The representatives driving was barely over the limit. And, most likely very few cars were on the road. At .066 it is likely that this unfortunate driver was nothing more than tired from a long day. Experinced Drunk Driving Lawyer in Grand Rapids. The officer overreached and I believe that Representative, Bob Genetski will be acquitted or the charges dropped.

Supreme Court rules against police attaching GPS device to auto without warrant.

In a unanimous decision the Supreme Court ruled that the police placing a GPS device on a suspected drug dealers car constitutes a search. The justices concluded that the Fourth Amendment forbids the government from obtaining information by physically intruding on a constitutionally protected area. Grand Rapids Criminal Defense Lawyer. Other justices agreed with the conclusion of the majority, but noted that a better analysis concludes that reasonable expectations of privacy were violated by the long term monitoring of the movement of the vehicle driven by the defendant. .Grand Rapids Criminal Defense Help. The decision is without a doubt a victory for privacy and ensures that the high tech use of GPS will only be used after a Judge signs a valid warrant.