Commercial Driver CDL Refusal to Submit to PBT Michigan

If you are driving a personal vehicle and you refuse to submit to a PBT it is only a civil infraction. However, it is much more serious if you are driving a commercial vehicle. Refusal of a Preliminary Breath Test (PBT) in a commercial vehicle is a 93-day misdemeanor and or a fine of up to $1,000.00. This is before the Secretary of State imposes its licensing restrictions. In order to keep you out of jail, save you money, and preserve your livelihood it is imperative to retain an experienced attorney. An experienced attorney can investigate the cause for the stop and preliminary breath test. Through negotiation with Prosecutors or the City Attorney assigned to your case, we can attempt to get the charges reduced, modified, and/or dismissed. Additionally we can attempt to get you sentenced pursuant to a diversionary program so that once you have completed a term of probation or other court terms the charge will be removed from your record. We can ever represent you in a Driver’s License Restoration hearing for the Secretary of State.

Charged with Commercial Driver CDL Refusal to Submit to PBT Michigan? 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.

Sexual conduct in a motor vehicle is generally charged under MCL 750.335. It can also be cited as reckless driving though with other results. The statewide law against public lewdness is a misdemeanor and if convicted, it will be on your record forever. In order to prevent this it is best to hire an experienced attorney to try to reduce, modify, or get the charges dismissed. The best way to do this is through negotiation with the City Attorney or Prosecutor. As a final resort the Judge may be convinced to take your sentence under advisement, whereby it would be dismissed after completing the terms required such as a term of probation. Charged with Sexual Conduct in a Motor Vehicle Michigan? 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.

If a neighbor or community member signs a complaint to the police stating that your dog is participating in illegal behavior you may be summoned to a show cause hearing. At this hearing you are required to “show cause” why this is not true, or the dog may be put down or confined to your property. These forbidden activities include: running at large unaccompanied by owner, hunting out of control and without a license, destroying property or habitual damage by trespass to property not its owners, attacking or bitten a person, demonstrable vicious habits, or  molesting a person who is lawfully on the public highway.  Several local communities, such as Sterling Heights, aggressively prosecute these matters. The full text of the statute is below.  If you have been summoned pursuant to MCL 287.286(a) an experienced attorney can help you prepare the items of your defense. It is important that you follow court procedures and adequately “show cause” why this is not the case to avoid a bad result. At Garmo & Kiste our attorneys have experience handling these matters and know what types of cause the court is looking for.

Charged with Dog at Large Michigan? 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.

287.286a Sworn complaint; contents; issuance of summons; hearing; order; penalty for disobedience; costs; audit and payment of claims.

Sec. 26a.

(1) A district court magistrate or the district or common pleas court shall issue a summons similar to the summons provided for in section 20 to show cause why a dog should not be killed, upon a sworn complaint that any of the following exist:

1. 1. 1. After January 10 and before June 15 in each year a dog over 6 months old is running at large unaccompanied by its owner or is engaged in lawful hunting and is not under the reasonable control of its owner without a license attached to the collar of the dog.

      2. A dog, licensed or unlicensed, has destroyed property or habitually causes damage by trespassing on the property of a person who is not the owner.

      3. A dog, licensed or unlicensed, has attacked or bitten a person.
      4. A dog has shown vicious habits or has molested a person when lawfully on the public highway.
      5. A dog duly licensed and wearing a license tag has run at large contrary to this act.

(2) After a hearing the district court magistrate or the district or common pleas court may either order the dog killed, or confined to the premises of the owner. If the owner disobeys this order the owner may be punished under section 26. Costs as in a civil case shall be taxed against the owner of the dog, and collected by the county. The county board of commissioners shall audit and pay claims for services of officers rendered pursuant to this section, unless the claims are paid by the owner of the dog.

In Michigan it is illegal to provide alcohol to a minor. This duty is incumbent upon servers and bartenders in restaurants, older friends of minors, and even parents. The law requires a diligent search to determine the age of a person you are furnishing alcohol to. Law enforcement may even use sting operations to determine if an establishment is fulfilling their duty. If you have been charged under MCL 436.1701 you may be charged with a misdemeanor or even a felony depending on the severity of the crime. Especially if the minor went on to injure themselves or others after consuming the alcohol, you may end up facing a hefty jail sentence and serious fines.

Charged with Hosting Teenage Drinking Parties Furnishing Alcohol to a Minor Michigan? At Garmo & Kiste, PLC we have helped clients in this situation get these charges modified, reduced, or even dismissed. We can evaluate whether you are eligible for any sentencing diversions which would end up dismissing your charge after successfully completing the Court’s terms. 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.

Have you been charged under Michigan Compiled Law § 750.145 – Contributing to the Delinquency of a Minor? This charge can come about from hosting a teenage drinking party, or other delinquency. The illegal behavior is outlined in the statute below:

750.145 Minor; contributing to neglect or delinquency.

Sec. 145.

Contributing to neglect or delinquency of children—Any person who shall by any act, or by any word, encourage, contribute toward, cause or tend to cause any minor child under the age of 17 years to become neglected or delinquent so as to come or tend to come under the jurisdiction of the juvenile division of the probate court, as defined in section 2 of chapter 12a of Act No. 288 of the Public Acts of 1939, as added by Act No. 54 of the Public Acts of the First Extra Session of 1944, and any amendments thereto, whether or not such child shall in fact be adjudicated a ward of the probate court, shall be guilty of a misdemeanor.

A misdemeanor is a serious charge that can have serious ramifications. A misdemeanor charge will stay on your record forever and will appear on background checks for employment. An experienced attorney can get these charges modified, reduced, or even dismissed. At Garmo & Kiste our attorneys frequent Metro Detroit Courts and have developed relationships with the Prosecutors, City Attorneys, and Judges overseeing your case. We can negotiate a better deal or sentence for you based on the experience we have acquired. Charged with Contributing to the Delinquency of a Minor Michigan.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.

Have you been cited with a misdemeanor loitering charge under Detroit’s municipal code or that of another city? The ordinance below is Detroit’s ordinance, and an example of what other cities may look like:

Sec. 38-1-3. – Loitering—Generally.

1. It shall be unlawful for any person to loiter on any street, sidewalks, overpass or public place. For the purpose of this section, loitering is defined as the act of standing or idling in or about any street, sidewalk, overpass or public place so as to hinder or impede or tend to hinder or impede the passage of pedestrians or vehicles.

2. A person who violates this section shall be responsible for a civil infraction and subject to a civil fine of not more than one hundred dollars ($100.00) plus costs as set forth in section 55-2-31
   (Code 1964, § 58-1-10; Ord. No. 337-H, § 1, 7-27-79)

A misdemeanor is a serious charge that will stay on your record forever. When employers do a background check it will show that you have been convicted of a crime. It is important to handle these matters when they first come up because it is a lot easier to fight a charge initially than attempt to overturn a conviction. An experienced attorney can represent you and attempt to get the charges modified, reduced, or even dismissed through negotiation with the Prosecutor or City attorney. The attorneys of Garmo & Kiste, PLC have developed relationships with these same Prosecutors, City Attorneys, and even Judges. We can put our experience to work for you. Detroit Loitering Ticket. 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.

In Michigan, Obstruction of Justice / False Statements to a Police Officer is governed by the following statewide statute:

750.411a False report of crime; violation; penalty; payment of costs by juvenile.

Sec. 411a.

(1) Except as provided in subsection (2), a person who intentionally makes a false report of the commission of a crime, or intentionally causes a false report of the commission of a crime to be made, to a peace officer, police agency of this state or of a local unit of government, 9-1-1 operator, or any other governmental employee or contractor or employee of a contractor who is authorized to receive reports of a crime, knowing the report is false, is guilty of a crime as follows:

1. If the report is a false report of a misdemeanor, the person is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.

2. If the report is a false report of a felony, the person is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both.

(2) A person shall not do either of the following:

1. Knowingly make a false report of a violation or attempted violation of chapter XXXIII or section 327, 328, 397a, or 436 and communicate or cause the communication of the false report to any other person, knowing the report to be false.

2. Threaten to violate chapter XXXIII or section 327, 328, 397a, or 436 and communicate or cause the communication of the threat to any other person.

(3) A person who violates subsection (2) is guilty of a felony punishable as follows:

1. For a first conviction under subsection (2), by imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both.

2. For a second or subsequent conviction under subsection (2), imprisonment for not more than 10 years or a fine of not more than $5,000.00, or both.

(4) The court may order a person convicted under subsection (2) to pay to the state or a local unit of government the costs of responding to the false report or threat including, but not limited to, use of police or fire emergency response vehicles and teams, pursuant to section 1f of chapter IX of the code of criminal procedure, 1927 PA 175, MCL 769.1f, unless otherwise expressly provided for in this section.

(5) If the person ordered to pay costs under subsection (4) is a juvenile under the jurisdiction of the family division of the circuit court under chapter 10 of the revised judicature act of 1961, 1961 PA 236, MCL 600.1001 to 600.1043, all of the following apply:

1. If the court determines that the juvenile is or will be unable to pay all of the costs ordered, after notice to the juvenile’s parent or parents and an opportunity for the parent or parents to be heard, the court may order the parent or parents having supervisory responsibility for the juvenile, at the time of the acts upon which the order is based, to pay any portion of the costs ordered that is outstanding. An order under this subsection does not relieve the juvenile of his or her obligation to pay the costs as ordered, but the amount owed by the juvenile shall be offset by any amount paid by his or her parent. As used in this subsection, “parent” does not include a foster parent.

2. If the court orders a parent to pay costs under subdivision (a), the court shall take into account the financial resources of the parent and the burden that the payment of the costs will impose, with due regard to any other moral or legal financial obligations that the parent may have. If a parent is required to pay the costs under subdivision (a), the court shall provide for payment to be made in specified installments and within a specified period of time.

3. A parent who has been ordered to pay the costs under subdivision (a) may petition the court for a modification of the amount of the costs owed by the parent or for a cancellation of any unpaid portion of the parent’s obligation. The court shall cancel all or part of the parent’s obligation due if the court determines that payment of the amount due will impose a manifest hardship on the parent.

(6) As used in this section:

(a) “Local unit of government” means:

1. 1. (i) A city, village, township, or county.
   2. (ii) A local or intermediate school district.
   3. (iii) A public school academy.
   4. (iv) A community college.

(b) “State” includes, but is not limited to, a state institution of higher education.

This means if falsely report a misdemeanor, then you are guilty of misdemeanor obstruction. If you falsely report a felony, then you are guilty of a felony. As with all crimes, these can stay on your record forever. A crime of “lying to authority” would look very bad to employers or potential employers so it is important to get it taken care of right away. An experienced attorney can represent you on this matter and through negotiation with the prosecutor or city attorney, may be able to get these charges dismissed, reduced, or modified. Obstruction of Justice / False Statements to a Police Officer Michigan: 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.

It is never a good idea to drink and drive. However, if you find yourself in that situation and are pulled over it can be hard to decide how to proceed. You will be offered a Preliminary Breath Test (PBT). If you refuse, it is merely a civil infraction with a fine. The officer will then take you to the Police Station where you will be asked to take a chemical test known as the Datamaster. If you refuse the Datamaster chemical exam, then you will have six points added to your driving record resulting in Driver’s Responsibility fees and increases in insurance premiums. This is called an implied consent violation and your driver’s license will also be suspended.

Preliminary Breath Test PBT Refusal Michigan: 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.

Writing your last will and testament is something that always seems to be on the backburner. Everyone knows it SHOULD be done, but few actually are excited about sitting down and getting their affairs in order. However there are several reasons this is very important. First, if you were to suddenly pass away before you have a finalized will, your loved ones will have to essentially file a lawsuit with the probate court to have someone named executor of the estate, get access to your bank and credit accounts, and disperse your assets. This process is very time consuming. If your family does not have the assets to cover all your bills, or even knowledge of the bills that are outstanding any property you have may become delinquent, go into foreclosure, or even be subject to a tax lien. This will end up costing much more in the long run, and will eat into the financial legacy you can leave these loved ones. Additionally, everyone knows at least one horror story of someone who had to handle the disbursement of a parent or relatives estate. Now imagine that person was not even able to access to bank accounts, sign legal documents, or act as this person’s agent. Handling the closure of a person’s estate can be full time job even with the proper documentation of a will and testament, let alone without.

In a different scenario, when your records and will are up to date, your executor can just inform the probate court that they have been appointed your representative, and then begin the process of disbursement without all the hassle and court supervision. The result is much more expedient, and much less expensive. An experienced attorney can write your last will and testament for a low price, protect your assets and family, and give you the peace of mind that comes with knowing your affairs are in order. 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.

If you are on probation or bond, especially if it is for an alcohol or drug related offense, you may be subject to random alcohol testing. Often this will be a standard PBT test, such as the one you may have performed on a roadside sobriety test for example.

However, if you are prohibited by law from drinking alcohol due to certain offenses or legal status, you may be subjected to an EtG testing.

This urine test can detect ethanol alcohol in a person’s body up to 80 hours after consumption of alcohol, depending on metabolism and amount of alcohol consumed. In practice this test is often ordered as a condition of allowing a probationer to leave the state, upon return. Failure can lead to a revocation of bond or probation status. The problem is, this test is so sensitive there is evidence to suggest that even exposure to quotidian chemicals such as hand sanitizers, aerosols, or even cosmetics may trigger a positive result. If you have tested positive on an EtG testing, or any other probation violation you will have a probation violation hearing and could end up in jail or with your probation status revoked. An experienced attorney can represent you at the hearing to present these issues with respect to the validity of the test and others to keep you out of jail and your record clean.

EtG Testing Probation Michigan: To retain Garmo & Kiste, PLC, for assistance in EtG testing 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 and would help you on EtG Testing by all means.