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