Driving While License Suspended Defense Attorneys

Depending on the Court a Driving While License Suspended can be handled rather casually. This has led to a widespread misunderstanding that DWLS is a traffic infraction, when it is actually a misdemeanor that will appear on your criminal record. As a misdemeanor, you may be sentenced up to 93-days in jail and/or a fine of $500.00. Subsequent charges carry higher penalties. In addition to criminal charges, there may be licensure ramifications. Should your license be suspended or revoked for another reason, upon a conviction of Driving While License Suspended the Secretary of State will delay the date that your license will be eligible for restoration.

Additionally, if anyone is injured or killed in an accident that you are involved in while your license is suspended you may be charged with a felony punishable up to 15 years, and/or $1,000.00 to $10,000.00.

In order to avoid a criminal record, high fees, licensure ramifications, and even felony charges, it is important to retain an experienced Attorney. The attorneys of Garmo & Kiste, PLC frequent Metro Detroit Courts and know many prosecutors and judges who may be involved in your case. Our office may be able to help you get these charges reduced, modified, or even dismissed and have had many successful outcomes.

To retain Garmo & Kiste, PLC, for assistance in these matters call us at (248) 398-7100 for a free consultation or contact us with a private message. We are experienced Michigan attorneys with offices in Troy, MI.

Michigan Police have been issuing Minor in Possession’s without performing a PBT test in party type situations, or at public concerts among others. While this is not the standard, this is still a valid means of citing you. The breathalyzer is merely a piece of evidence in the case, you can still be convicted without it. It is important to hire an attorney who can look for other ways to challenge the validity of the charge. Additionally, our attorneys can still meet with prosecutors and city attorneys who have been assigned to your case and negotiate a deal to reduce, modify, or dismiss the charges. If you have been cited for an MIP with or without a breathalyzer contact Garmo & Kiste, PLC today to avoid heavy fines, long terms of probation, and a criminal record.

We all know the famous line. “You have the right to an attorney. If you cannot afford an attorney, one may be appointed for you.” But what rights do these really confer? It can be tempting if you are charged with a crime to rely on court appointed attorneys, but this can be a risky choice. Up to 90% of people charged with a crime represented by Court appointed attorneys may be found guilty. Additionally, they are paid a certain amount per case, so it is in their interest to resolve your case as soon as possible even if it is otherwise in your best interest to take the matter to trial.

Finally, even though the attorney is appointed, you will still pay your appointed attorney, just through additional court fees and fines rather than as a retainer. In the legal market you get what you pay for. Hiring an experienced firm such as Garmo & Kiste, PLC guarantees that we will give your case all the time and attention it deserves. We will go through your file with a fine tooth comb in order to get the best results possible for your case.

Still unconvinced? Listen to this report from NPR:

When it matters for your future, retain a lawyer who has the time and resources available to devote to you!

Troy has recently begun enforcing a new “distracted driving” ordinance, after a delay to allow for the installation of proper signage. Many are calling them the the toughest texting laws in the nation as any use of a cell-phone, GPS, or other electronic device in any way except with your voice. Even getting your phone or Bluetooth in position is barred if not performed before you begin driving. Finally, the ordinance is so broad that anything that could distract you including applying make-up or petting your dog could result in you getting a ticket.  Our Attorneys at Garmo & Kiste, PLC have the necessary relationships with area prosecutors to negotiate deals, and attempt to get your ticket dismissed.

Recently our Attorneys were able to avoid both licensing ramifications and prolonged probation for a client with a Minor in Possession charge by negotiating a sentence pursuant to the Holmes Youthful Trainee Act (HYTA). Otherwise this would have been his MIP 3rd, resulting in suspension of his license for 60 days and a violation of his felony probation in Macomb County. This type of sentencing is available for offenders who are between the ages of 17 and one day shy of their 21st birthday. Though rarely used in a case like this, HYTA sentencing goes to show that creative solutions and knowledgeable attorneys can make the difference between a bad result and a success.

Everyone expects to pay a fine, and face possible insurance premium increases when they get a traffic ticket. However, something you may not expect to be slapped with is a “Driver’s Responsibility Fee.” This fee is often assessed against people for Driving While License Suspended, or any types of driving infractions which result in seven (7) points on your license. Levied by the Department of Treasury, failure to pay the driver’s responsibility fee can result in your license being suspended with no notice to you. Even if you pay it the first time, you often may not be notified that the Driver’s Responsibility fee is often charged on a recurring basis for several years.

While it may be tempting just to pay a ticket and get it over with, when you factor in the recurring driver’s responsibility fee and increased insurance premiums, it is much cheaper to hire an attorney to fight the ticket. Our experienced attorneys have gotten tickets reduced, modified,  and dismissed, for our clients. We frequent Metro Detroit Courts and have relationships with City Attorneys and prosecutors who will have been assigned your case. Let us work to negotiate a no or low points option for you and avoid Driver’s Responsibility Fees!

If you have been charged with Uttering and Publishing, the prosecutor must prove that you knowingly presented a false, altered, forged, counterfeited or fictitious instrument (e.g., check, money order, credit sales slip) with intent to defraud or cheat. The instrument need not have been accepted as good, and actual loss is not required. Uttering and publishing is a Felony offense which is punishable by up to fourteen years in prison. This charge is most commonly associated with forged and/or fraudulent checks. The maximum penalty for this offense is a felony, and the conviction carries a possible 14 year prison sentence.

Recently, our Attorneys were able to have three solicitation cases dismissed in the City of Detroit in less than 2 ½ weeks. In the past few months we have seen many innocent motorists cited with soliciting a prostitute for merely being in a bad neighborhood at the wrong time. Apparently we were not the only ones to notice as the Channel 7 Investigators published an exposee on the same issue, which you can view here. They contend that these tickets are a blatant money grab on the part of the city.

While many people seem to think that once lawyers get involved that divorces become adversarial, in reality, one of the best things you can do keep your divorce amicable is hire an attorney. Here are some additional tips:

If you are planning on entering the U.S. from any port of entry (i.e.- Detroit-Windsor Tunnel, Ambassador Bridge, Blue Water Bridge, Sault Ste. Marie International Bridge, ferry, etc.) anytime soon, you must educate yourself on the U.S. Currency Reporting Requirements.

The law provides that if you transport, attempt to transport, or cause to be transported (including by mail or other means) currency or other monetary instruments in an aggregate amount exceeding $10,000.00 or its foreign equivalent at one time from the United States to any foreign country, or into the United States from any foreign country, you must file a report with the U.S. Customs and Border Protection.  This report is called the Report of International Transportation of Currency or Monetary Instruments, FinCEN Form 105.

“Monetary Instruments” include-

1. U.S. or foreign coins and currency;
2. Travelers checks in any form;
3. Negotiable instruments (including checks, promissory notes, and money orders) that are either in bearer form, endorsed without restriction, made out to a fictitious payee, or otherwise in a form that the funds can be transferred to another person;
4. Incomplete instruments (including checks, promissory notes, and money orders) signed, but with the payee’s name omitted; and
5. Securities or stock in bearer form or otherwise in a form that the funds can be transferred to another person.

“Monetary Instruments” do NOT include-

1. Checks or money orders made payable to the order of a named person which have not been endorsed or which bear restrictive endorsements;
2. Warehouse receipts; or
3. Bills of lading.

Reporting is required under the Currency and Foreign Transaction Reporting Act (PL 97-258, 31 U.S.C. 5311, et seq.).  Failure to comply can result in civil and criminal penalties and may lead to forfeiture of your monetary instrument.  The purpose of the law is to prevent money laundering and to prevent criminal activity that is often times associated with cash transactions (i.e.- drugs).

The Government has Seized my Money.  What are My Options?  Must I forfeit my money?

All hope is not lost once the government seizes your money.  You do not have to forfeit your money as options are available.  Once the government seizes your money, it is critical to retain a lawyer immediately as time is of the essence.  You are more likely to prejudice your case the longer you wait.

When the government has seized your money, you must file a petition for relief to get your money back.  Otherwise, you automatically forfeit your money to the government.  When filing a petition for relief with the government, you will have to prove the source of your funds and that there was a legitimate use of the funds.  There is no exact science for getting your money back.  That is why it is so critical to have a lawyer represent you.  We have a record of success in dealing with the U.S. Customs & Border Protection.  Do not take the government on by yourself because your risk of failure is increased.

Has your government seized your money?  Or has the government begun civil forfeiture proceedings against you?  We know the law and have helped others fight the government and get their money back. To retain Garmo & Kiste, PLC, call Attorney Brian Garmo at (248) 398-7100 ext. 2 for a free consultation.

Can I Join the Military / Army / Navy / Air Force / Marines / National Guard / Coast Guard with a Criminal Record, current/pending Criminal charges or an active Personal Protection Order (PPO)?

Unfortunately, having a criminal record, pending criminal charges or an active PPO could disqualify you from military service. Each branch requires applicants to meet rigorous moral character standards. At some point in the process of joining any one of the branches of the U.S. Armed Forces, you will be interviewed and required to write down any arrests, charges, juvenile court adjudications, traffic violations, probation periods, and dismissed or pending charges or convictions, including those that have been expunged or sealed.

Our attorneys have helped numerous clients facilitate their transition into the armed forces despite initial hold ups because of a criminal record, pending criminal charges or an active PPO. So should an expungment be necessary (for more information, click here), should a PPO need to be removed (for more information), or should you need legal counsel to deal with pending criminal charges call Garmo & Kiste, PLC at (248) 398-7100 or contact us with a private message.

Offenses/Moral Behavior Which Could Be Waived:

Minor Traffic Offenses. A civil court conviction or other adverse dispositions for six or more minor traffic offenses where the fine was $250 or more per offense.

Minor Non-Traffic Offenses. Received four or more civil convictions or other adverse dispositions for minor non-traffic offenses.

Misdemeanor Offenses. Those with two, three, or four, civil convictions or other adverse dispositions for what the Army considers to be a misdemeanor offense require a waiver. Waivers are not authorized for individuals with more than four civil convictions or other adverse dispositions for misdemeanor offenses.

Combinations. Received a total of four civil convictions or other adverse dispositions for a combination of minor non-traffic and misdemeanor (for example, 1 misdemeanor and 3 minor non-traffic).

Serious Offense. Any conviction or adverse disposition for what the Army considers a felony, requires a waiver.

Are you dealing with pending criminal charges? Don’t hesitate to call one of Garmo & Kiste, PLC’s attorneys at (248) 398-7100 or contact us with a private message. Your future and career could depend on it.