What is Michigan’s BAC Limit? Federal Government follows Michigan Trend, Supports Lower BAC Limits

What is Michigan’s BAC Limit? Recently the Michigan Legislature acted to prevent state BAC limits from reverting back to .10, keeping the limit at .08. To allow otherwise would have rendered Michigan ineligible for significant federal highway funding which is tied to the lower BAC limit. The National Transportation Safety Board issues safety regulations, many of which have become law. Their victories include lowering the limit to .08 in the first place, and raising the drinking age from 18 to 21. They have decided to make their next fight lowering the BAC limit again, this time to .05. Citing Australia and Ireland who have lowered their rates to .05, the NTSB states that the US is practically alone in having such a high BAC limit. They allege that Australia saw 8%-18% reduction in drunken driving deaths.  That seems like a fairly large margin of error.

For your reference here is a map of BAC limits around the world.

http://chartsbin.com/view/2037

It seems if this were really such a problem, we would be hearing a lot of anecdotal evidence of people being pulled over, breathalyzed, and blowing between .05 and .08. In our experience, this is pretty rare. Most clients who have been arrested for Drinking and Driving offenses blow at least a .10, plausibly because until that point of inebriation driving impairment is not often visible.

To retain Garmo &Kiste, PLC call us at (248) 398-7100  for a free consultation or contact us with a private message.

Does this situation sound familiar? Your mid-twenties son or daughter currently lives in your basement. Or this one? You are in your mid-twenties and have had to approach your parents to move back home? This situation is becoming more and more common, and recent census data shows that there are 6 million young adults in this situation (meaning there are also 6 million parents wondering when their kids might finally leave the nest as well). It might seem like kids these days are just lazy, but in reality this is an example of national policy having a trickle-down effect. The vast amount of student loan debt seems to be impacting modern family structure. It is also preventing young people from making big ticket purchases such as a home or a new car. Americans between age 25 and 34 made up on 27% of home buyers in 2011, which is the smallest percentage in the last decade per the National Association of Realtors. Further, if you think about it, that is prime age for people to be buying a  house so it should conceivably be the highest group.

For aggressive Debt Restructuring ideas and legal representation concerning all Debt Collection matters or to retain Garmo &Kiste, PLC call us at (248) 398-7100  for a free consultation or contact us with a private message. Including Student Loan Debt Settlement

If you are behind on your mortgage payments the note-holder may institute foreclosure proceedings against you. At any time prior to the sheriff’s sale, Michigan recognizes the law of equitable redemption meaning that if you can pay the full amount past due and the costs associated with the process you may “equitably redeem” your mortgage. This means that they cannot foreclose on your house (the amount may change if you have an acceleration clause, and the law is very different with respect to land contracts). However, even if the sheriff’s sale has already occurred Michigan recognizes an additional protection for residential homeowners: Statutory redemption. But How long is Michigan’s statutory Redemption Period? Under Michigan statute a homeowner usually has six months during which if they are able to pay the full amount that the house was bought for at the sheriff’s sale, they can “redeem” or get the house back. Further, this right of redemption is alienable.

Now though, the Michigan legislature is considering reducing the statutory redemption period from six months to 60 days. Despite the fact that it is reported than less than 1% of eligible former homeowner’s take advantage of the redemption period, this is still not a popular suggestion. However, its proponents suggest it will serve as a means to deter blight and get abandoned homes back on the market. Others suggest that this will hurt a fragile housing market, despite an amendment the period to four months if there is proof of a listing to appease real estate agents who argued that 60 days is insufficient time to process a short sale. The Senate may vote on the legislation as early as this week.

http://m.record-eagle.com/TRE/db_271185/contentdetail.htm?contentguid=UrBZpxRD

To retain Garmo & Kiste, PLC call us at (248) 398-7100  for a free consultation or contact us with a private message.

In early April a series of changes to Michigan Arson law took effect. Prompted by a perceived increase in arson,and by a lack of awareness that arson is a violent crime rather than a mere property crime, the new set of laws provides for stricter penalties, and more prosecutorial discretion.

The sentence was raised to a term of years or life for the following offenses:

Fines are now available penalties, where previously only prison terms applied. A person may be fined up to $20,000.00 for first degree fraud arson.

Arson crimes at common law included only the malicious burning of the dwelling of another. Many states have made dramatic modernizing changes eliminating the dwelling of another requirement, or changing the intent requirement. The changes are meant to bring Michigan in line with stricter federal arson punishments which carry a minimum penalty of 25 years in prison. Law enforcement hopes that higher penalties will serve as a deterrent.

http://www.mlive.com/news/index.ssf/2013/04/michigan_arson_laws_getting_st.html

To retain a Michigan arson defense attorney, call us at (248) 398-7100  for a free consultation or contact us with a private message.

Between April 29 and May 31, Warren Police executed a crime sweep and cracked down on local criminal activity. The Mayor of Warren, Jim Fouts, reports that 115 arrests were made, 314 moving violations tickets, on parental responsibility violation, on juvenile ticket, and 270 other citations. The arrests included outstanding warrants, and drug related offenses.

Residents were reportedly pleased with the initiative, the second of its kind. The first, which ran from December 13, 2012- the end of April 2013 also targeted the city’s south side. These are considered the higher crime areas. Mayor Fouts says the initiative “sends a message that Warren is not a good place to commit crime.” He additionally told the Free Press the city would continue to deter blight saying “blight begets crime, and crime festers in blight.” The mayor looks forward to a third installment.

http://www.freep.com/apps/pbcs.dll/article?AID=2013306050134

Looking for a Warren Criminal Defense Attorney, to retain Garmo &Kiste, PLC call us at (248) 398-7100 for a free consultation or contact us with a private message.

For information about specific charges see the links below:

Michigan Fireworks Safety Act:

Last summer, the Michigan Legislature made headlines by enacting a new law– the Michigan Fireworks Safety Act —loosening its grip on the regulation and prohibition of fireworks in Michigan.  Most notably, the Act legalized the sale of Consumer grade fireworks in Michigan, and prohibited any local ordinance that banned the sale of fireworks.  It also prohibited any local ordinance that banned the ignition of fireworks on the day before, the day of, or the day after, a major holiday.

This meant that bigger fireworks, like roman candles, bottle rockets, aerials, and missile-type rockets, allbecamelegal in Michigan—and local city and municipal governments could not do anything about it.  And while these local governments still had authority to prohibit residents from igniting fireworks on many days of the year, any major holiday—as well as the day before and after it—could not be regulated.  2012 was a big year for wannabe rocketeers.

2012 was also a year of uproar from many citizens who opposed the new law, and the Legislature heard their cries.  This June, an amendment to last year’s Act was passed. The amendment allows local governments to restrict firework usage anytime between 12 AM and 8 AM every day of the year(except New Year’s, when restrictions cannot begin until 1 AM).  This applies to cities that have at least 50,000 residents or that are located in a county with at least 750,000 residents.  Smaller communities can set a similar ban,but between the hours of 1 AM and 8 AM. Thus, if cities elect to use this new authority, we could be seeing a much quieter 4th of July this year, at least at night.

Aside from noise and nuisance, safety is also a key concern of the Act (as it has been since its original passage last year).  The Act provides punitive sanctions for anyone who causes a fire or injuries with fireworks of any kind, even sparklers.  It also prescribes punishment for people who sell fireworks without proper certification from the state.  Furthermore, fireworks are prohibited on school and public property, and are only allowed on private property with the owner’s consent.  So while the Act allows more people to have fun with fireworks, it also leaves room for more injury, and as a result, more trouble with the law if you don’t act within the government’s guidelines.

So what’s legal today?  Any commercial grade firework is still fair game per the original 2012 Fireworks Safety Act, as long as you are on private property (with permission of the property owner), and as long as you don’t cause any injuries or fires.  When can you light them off? It depends on your city.  Some, like Troy, Royal Oak, Sterling Heights, and Ann Arbor, are already working on or have passed ordinances restricting nighttime firework usage.  Your best bet is to simply avoid lighting off fireworks between midnight and 8 AM, keeping you safe under even the strictest ordinances.  Outside those hours?  Take your roman candles, bottle rockets, and missiles, and fire away safely.

To retain Garmo &Kiste, PLC call us at (248) 398-7100 for a free consultation or contact us with a private message.

A 35 year old Troy woman left her two children ages 1 and 5 in her vehicle in a parking lot as she went inside to fill out a job application.  From a shopping center located at Hamlin and Rochester Roads, observers called the police around 3:30 pm. When the police arrived the woman had just returned to her car, which had one window slightly open. She reported that the children had been asleep when she left them, although they were reportedly crying by the time she returned. Witnesses allege she was inside for more than twenty minutes. The children were taken to a local hospital where it was determined they were safe. They were released to their father’s custody. The potential case is under review by Oakland County Prosecutor’s Office who may issue charges, or may decline to prosecute. It is unclear if she would be charged with child endangerment, neglect, abuse, or another charge.

http://www.freep.com/apps/pbcs.dll/article?AID=2013306050102

To retain Garmo &Kiste, PLC call us at (248) 398-7100  for a free consultation or contact us with a private message.

Michigan has a strong gambling economy, especially in Metro Detroit. With so many casinos, come gambling problems including addiction. In order to combat this problem, the Michigan Gambling Control Board maintains a list of Disassociated Persons pursuant to MCL 432.225, which reads:

Sec. 25.

(1) The board shall create a list of disassociated persons. The board shall, with the assistance of casino licensees, inform each patron of the list of disassociated persons and explain how the patron may add his or her name to the list.

(2) The board may add an individual’s name to the list of disassociated persons if the individual has notified the board in writing of his or her pledge not to visit a casino in this state by filing an application for placement on the list of disassociated persons with the board.

(3) The board shall create and make available an application for placement on the list of disassociated persons. The application shall include all of the following information about the individual who is applying:

(a) Full name and all aliases

(b) Physical description including height, weight, hair and eye color, skin color, and any other noticeable physical characteristics.

(c) Occupation.

(d) Current home and work addresses and phone numbers.

(e) Social security number.

(f) Date of birth.

(g) Statement that the individual believes he or she is a problem gambler and is seeking treatment.

(h) A photograph suitable for the board and casino licensees to use to identify the individual.

(i) Other information that the board considers necessary.

(4) An individual s name shall be placed on the list of disassociated persons after all of the following have occurred:

(a) The individual has submitted an application to be placed on the list of disassociated persons to the Michigan gaming control board.

(b) The application has been verified by a representative of the board.

(c) The individual has signed an affidavit in which he or she affirms that he or she wishes to be placed on the list of disassociated persons and authorizing the board to release the contents of his or her application to all casino licensees in this state

(d) The individual signs a form releasing the state of Michigan, the board, and the casino licensees from any injury the individual suffers as a consequence of placing his or her name on the list of disassociated persons.

(e) The individual signs a form stating that he or she understands and authorizes all of the following:

(i) That a criminal complaint for trespassing will be filed against him or her if he or she is found on the premises of a casino in this state and he or she will be immediately removed from the casino premises.

(ii) That if he or she enters a casino and wins any money, the board will confiscate the winnings.

(5) An individual who has his or her name placed on the list of disassociated persons shall remain on the list for the remainder of his or her life.

(6) After an application has been submitted to the board, the chairperson of the board shall file a notice of placement on the list of disassociated persons with the board at the next closed session. Information contained in an application under subsection (4) is exempt from disclosure under section 4c of this act and is not open for public inspection. The information shall be disclosed to the board, each casino licensee in this state, the department of attorney general, and the department of state police.

(7) The list of disassociated persons shall be provided to each casino licensee, the department of attorney general, and the department of state police.

(8) Each casino licensee in this state shall submit to the board a plan for disseminating the information contained in the applications for placement on the list of disassociated persons. The board shall approve the plan. The plan shall be designed to safeguard the confidentiality of the information but shall include dissemination to all of the following:

(a) The general casino manager or the managerial employee who has responsibility over the entire casino operations.

(b) All security and surveillance personnel.

(c) The department of state police.

(9) A casino licensee shall not extend credit, offer check cashing privileges, offer coupons, market its services, or send advertisements to, or otherwise solicit the patronage of, those persons whose names are on the list of disassociated persons.

(10) The casino licensee shall keep a computer record of each individual whose name is on the list of disassociated persons. If a casino licensee identifies a person on the premises of a casino, the licensee shall immediately notify the board, a representative of the board, or a representative of the department of state police who is on the premises of the casino. After the licensee confirms that the individual has filed an affidavit under this section, the licensee shall do all of the following:

(a) Immediately remove the individual from the casino premises.

(b) Report the incident to the prosecutor for the county in which the casino is located.

(11) A casino licensee who violates this act is subject to disciplinary action by the board.

(12) The board shall promulgate rules to implement and administer this act.

(13) An individual who has placed his or her name on the list of disassociated persons who enters a casino in this state is guilty of criminal trespassing punishable by imprisonment for not more than 1 year, a fine of not more than $1,000.00, or both.

(14) This act does not create any right or cause of action on behalf of the individual whose name is placed on the list of disassociated persons against the state of Michigan, the board, or a casino licensee.

(15) Any winnings collected by the board under this act shall be deposited into the compulsive gaming prevention fund.

As you can see, individuals who have a compulsive gambling problem can opt onto the list and will be prohibited from entering a Detroit Casino.

If the individual subsequently enters the casino they are guilty of misdemeanor trespassing and any winnings will be forfeited to the board to fight compulsive gambling. Once you are on the list, it is permanent. If you or someone you know has been charged with disassociated persons, it is critical to retain an experienced attorney ASAP.

Charged w/ Disassociated Persons List MCL 432.225? We can work to protect your rights so this misdemeanor doesn’t become a bigger deal than it has to be. To retain Garmo &Kiste, PLC call us at (248) 398-7100 for a free consultation or contact us with a private message.

Brian F. Garmo has been selected to the 2013 Michigan Rising Stars list. Each year, no more than 2.5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys.The Super Lawyers lists are published nationwide in Super Lawyers Magazines and in leading city and regional magazines and newspapers across the country. Super Lawyers Magazines also feature editorial profiles of attorneys who embody excellence in the practice of law. For more information about Super Lawyers, visit SuperLawyers.com.

Have you been thinking about “walking away” from your home? Many people, especially those who bought between 2004 and 2006 at the top of the market, now find that even with the dust settling on the housing market, they still owe more on their home then it is worth. This is called being “underwater” on your home. In some circumstances it can make good financial sense to walk away from the home. This means to just take the negative credit reporting of a foreclosure on your record, and let the house go into foreclosure. Especially where only one of two spouses has their name on the mortgage, and no one is too emotionally invested in the house this type of “strategic exit” can make a lot of financial sense for everyone involved. Everyone that is, except for Fannie Mae and Freddie Mac. These government corporations lose out big every time a family walks away from a house secured by a note they hold. As more and more people recognize the value of walking away, they face a trend of loss. As such, the two have come together to offer a program to decentivize walking away from a property.

This program allows a homeowner to offer a deed in lieu of foreclosure. This program applies to homeowners who are current, and unlike many previous systems that required a homeowner to be in default. The homeowner gets to leave the property with limited liability, and Fannie Mae and Freddie Mac avoid the cost of foreclosing. The homeowner will release all rights to the property. One big advantage to the homeowner is that Fannie Mae and Freddie Mac waive any rights to pursue you on a deficiency. Generally if you are foreclosed on and the bank makes less then you owed them re-selling the house, the mortgage holder can pursue you for the remaining amount you owed them, which is called a deficiency. The deficiency is often thousands of dollars and the lender can pursue you for up to six years in Michigan. By taking advantage of the new program, effective March 1, 2013 you can avoid all of the hassle.

Need a Deed in Lieu of Foreclosure Attorney? To retain Garmo & Kiste, PLC call us at (248) 398-7100 for a free consultation or contact us with a private message.