In Michigan, after a Drunk Driving, DUI, or OWI conviction a client will be faced with a restricted driver's license. The restricted license will permit the the person to whom it is issued to drive for several well defined purposes. See Restricted License conditions of driving.
One of the reasons a person can drive is for employment. That includes to and from a persons residence to their work location. And, it includes in the course of that persons employment or occupation. So, for instance a sales person can drive across the state, whatever hours necessary to call on a customer. This will include driving varied and late hours.
Recently a defendant argued that driving your children to and from day care or school is necessary to maintain your employment. That issue was addressed in the case of People v. Seeburger, 225 Mich. App 385, 1997. In that case, the defendant argued that the statute was intended to be permissive, and not restricted. Furthermore, as a single parent driving her children to and from day care is necessary to maintain her employment.
The Seeburger Court found that the Michigan Restricted License specifically delineates the those circumstances upon which an individual can operate their motor vehicle. Furthermore, that the Legislature intended to deter Drunk Driver's with specific circumstances upon which they can drive. Therefore, the court concluded it is not proper purpose to drive to and from day care or school. It would be up to the Legislature to change the Law.
I believe this is a wrong interpretation of law with very negative consequences. I hope the Legislature changes this Law.
Gerald R. Stahl is an experienced Grand Rapids based criminal defense attorney. He has been representing people charged with Drunk Driving and DUI for over 31 years in all Western Michigan Courts. Gerald R. Stahl is conveniently located in Grand Rapids on East Beltline near Knapp's Corner and the 63rd District Court. See Michigan Drunk Driving Laws and Consequences.
Gerald R Stahl is Grand Rapids Michigan lawyer representing people seriously injured in auto and truck accidents for over 30 years. He also defends people charged with crimes,including drunk driving, drug crimes, and homicide. He is a member of The American Association for Justice and a Fellow in The National College of Advocacy. This Blog does not constitute legal advice. In no way does it create or imply an attorney client relationship. If you have a legal problem you should consult a lawyer.
Sunday, April 14, 2013
Friday, June 8, 2012
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.
Thursday, May 31, 2012
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.
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.
Monday, May 28, 2012
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.
Monday, April 16, 2012
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.
Friday, April 13, 2012
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
Tuesday, April 10, 2012
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.
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