Importance - Traffic Stop - Michigan Criminal Defense Attorney, Josh Jones - July 22, 2013

Initial Traffic Stop - Importance

Not all individuals drive a motor vehicle, but it sure seems like it. With that said, many instances that involve Police Officers occur when an individual is driving on the roadways.  Police have a wide discretion when it comes to stopping a motor vehicle.

A Police Officer must have witnessed a traffic violation when making a traffic stop; this will continue to be effective when or if the officer has ulterior motives prior to making the stop. Therefore, once the police have a valid reason, such as a traffic violation, he or she is able to pursue his or her own investigation of the activities occurring inside that particular vehicle.

When looking at cases involving traffic stops, Defense Attorneys will start at the beginning. “Why was my client initially stopped or pulled over?” If the initial traffic stop is not valid, because there was no reason for pulling the vehicle over, then a crime that the police discovered after the stop may be precluded from being entered into evidence at trial. If this occurs the more serious crime that particular individual was facing could be dismissed.

With all of this said, it is important to know that police will be able to stop a vehicle for numerous or voluminous reasons. This rule of law is one of the first thought of by any Defense Attorney when he or she has a client that is charged with a crime that involved a motor vehicle.

PLEASE DO NOT RELY upon any of the information contained in this article when trying to represent yourself. You should always consult with an attorney before relying upon any written advice, article, blog etc.

Leaving Scene Of Accident - Michigan Criminal Defense Lawyer, Josh Jones - July 12, 2013

Many drivers have been or will be involved in some kind of motor vehicle accident during their lifetime. Hopefully the accident is minor and nothing serious happens to either party. People need to not only worry about increased premiums, vehicle damage and possible injury, but they also need to worry about criminal charges.

Whenever an individual is involved in an accident state law requires him or her to remain at the scene of the accident until certain things have occurred. In order to avoid criminal charges, a driver involved in a car accident must, pursuant to MCL § 257.617a, “immediately stop his or her vehicle at the scene of the accident” and remain at the scene up until “he or she has satisfied the following requirements:

Give his or her name and address, and the registration number of the vehicle he or she is operating, including the name and address of the owner, to a police officer, the individual struck, or the driver or occupants of the vehicle with which he or she has collided[;]

Exhibit his or her operator's or chauffeur's license to a police officer, individual struck, or the driver or occupants of the vehicle with which he or she has collided[; and]

Render to any individual injured in the accident reasonable assistance in securing medical aid or arrange for or provide transportation to any injured individual.

However, an individual involved in the accident must know or have reason to believe that he or she was actually involved in an accident. Therefore, if the fender bender was so minor that it would be unreasonable to know of it then an individual would technically be found innocent of this crime. However, it should be noted any outcome, even the one recently stated, would always be based upon the factual circumstances involved in the particular case at issue and there is never a guarantee to know that particular outcome.

If convicted of leaving the scene of an accident, an individual will have a misdemeanor on his or her record and face a maximum 1-year in jail and/or a $1,000.00 fine. Moreover, a conviction will be abstracted to the secretary of state, and thus a suspension of the individual’s driver’s license will occur, but this is dependent upon whether there is property damage or whether personal injury occurs. If a suspension levied it will be for a 90-day period.

It is essential and imperative to contract a criminal defense attorney when involved in this these situations. Make sure you rights are protected, call Josh Jones today.

PLEASE DO NOT RELY ON THESE LEGAL OPINIONS AND OBSERVATIONS WHEN REPRESENTING YOURSELF IN COURT. THESE ARTICLES ARE NOT MEANT TO COMPENSATE OR EFFECUATE LEGAL REPRESENTATION. YOU SHOULD AND MUST CONTACT AN ATTORNEY AND DISCUSS WITH HIM OR HER THE CONSEQUENCES OF ANY AND ALL IDEAS, STATEMENTS, OPINIONS, EXPRESSIONS OR OTHERWISE STATED ON THIS SITE. WE HOPE TO SPEAK WITH YOU SOON. 

Open Intoxicants - MCL 257.624a - Josh Jones - Michigan Criminal Lawyer - ALL FELONIES AND MISDEMEANORS

Open Intoxicants – Open Alcohol In A Motor Vehicle

Did you know that if you are in a vehicle that is upon a highway or otherwise open to the general public or generally accessible to motor vehicles you are not allowed to have an open container of alcohol? This applies to an individual driving or simply a passenger of the vehicle. See MCL § 257.624a.

The rule states that individuals are “not allowed to not transport or possess alcoholic liquor in a container that is open or uncapped or upon which the seal is broken within the passenger area of a vehicle.” MCL § 257.624a(1). The passenger area of a vehicle has been defined as: “the area designed to seat the operator and passengers of a motor vehicle while it is in operation and any area that is readily accessible to the operator or a passenger while in his or her seating position, including the glove compartment.” MCL § 257.624a(5)(d).

If an individual is convicted of this crime for a first time he or she will receive two (2) points on his or her drivers license. Also, a misdemeanor will be placed on the individual’s record. Moreover, if an individual is convicted of the crime two (2) times within 7-years then he or she will receive a 30-day suspension followed by 60-days of having a restricted license. An individual convicted three (3) will receive a 60-day suspension with a 305-day restricted.

It is imperative to know what happens to your license when you plead guilty to or are convicted of an alcohol or drug crime. An individual may also have to perform community service and undergo substance abuse counseling at the direction of the court.

What’s more important is knowing that your past criminal history, if involving alcohol or drugs, will only bring about more licensing issues and stiffer requirements while on probation. Other crimes can too have an impact on when you can drive again.

Contact a criminal defense attorney immediately if you are involved in any kind of criminal action. Who has you back? Josh Jones.

DO NOT RELY ON THESE LEGAL OPINIONS AND OBSERVATIONS WHEN REPRESENTING YOURSELF IN COURT. THESE ARTICLES ARE NOT MEANT TO COMPENSATE OR EFFECUATE LEGAL REPRESENTATION. YOU SHOULD AND MUST CONTACT AN ATTORNEY AND DISCUSS WITH HIM OR HER THE CONSEQUENCES OF ANY AND ALL IDEAS, STATEMENTS, OPINIONS, EXPRESSIONS OR OTHERWISE STATED ON THIS SITE. HOPE TO SPEAK WITH YOU SOON.