Detroit Traffic Lawyers Explain Fleeing & Eluding Penalties

Detroit Traffic Lawyers Explain
Fleeing & Eluding a Police Officer

Fleeing and Eluding is a serious traffic violation issued when a person driving a vehicle “willfully” fails to obey a lawful police signal or command to stop. There are actually 4 types or “degrees” of fleeing and eluding under Michigan law – however all are felonies.

In this article our experienced Detroit Traffic Lawyers explain the types of feeling and eluding, the penalties for each offense.

What Is Fleeing & Eluding?

Under Michigan law, anyone who is given a signal by a police office  – by hand, voice, flashing lights, siren, or any another visual or audible signal – must stop their vehicle. It is important to note that increasing the speed of the vehicle, turning off the headlights, or otherwise appearing to attempt to flee the officer, can be considered fleeing and eluding.

The officer signaling must be in uniform, and he or she must be in an identifiable police (or DNR) vehicle when commanding the stop. If the officer is not in uniform and/or is not in an identifiable police vehicle you are not required to stop.

Four Degrees of Fleeing and Eluding:

1st Degree Fleeing & Eluding in Michigan

If death occurs while failing to stop for a police officer, a person can be charged with fleeing and eluding in the first degree. This is a very serious a felony charge.

Penalty: For 1st degree fleeing and eluding a person is facing a felony criminal record, up to 15 years in prison, a fine of up to $5000.

2nd Degree Fleeing & Eluding in Michigan

If serious injury occurs, while failing to stop for a police officer, a person can be charged with fleeing and eluding in the second degree.

Penalty: For 2nd degree fleeing and eluding a person is facing a felony criminal record, up to 10 years in prison, a fine of up to $5000, and driver’s license revocation.

3rd Degree Fleeing & Eluding in Michigan

If a collision occurs, or if the violation takes place in part in any area with a speed limit under 35 miles per hour, while failing to stop for a police officer, a person can be charged with fleeing and eluding in the third degree.

Penalty: For 3rd degree fleeing and eluding a person is facing a felony criminal record, up to 5 years in prison, a fine of up to $1000, and suspension of their driver’s license.

4th Degree Fleeing & Eluding in Michigan

If none of the requirements for 1st through 3rd (above) are met – but a person has still failed to obey a police officer’s command to stop, a person can be charged with fleeing and eluding in the fourth degree.

Penalty: For 4th degree fleeing and eluding a person is facing a felony criminal record, up to 2 years in prison, a fine of up to $500, and suspension of their driver’s license.

Best Detroit Traffic Lawyers

Our experienced Detroit traffic lawyers know that there’s “two sides to every situation” – and that there are often many additional details that should be presented in a fleeing and eluding case.
Our lawyers will examine every detail of your case, and present a strong defense to achieve the best possible result in your fleeing and eluding case.

Read more about how our lawyers fight fleeing and eluding cases HERE.

 

If you are facing a fleeing and eluding charge in Detroit, Wayne County, Oakland County or Southeast Michigan our experienced lawyers will fight for you. Call us today for free consultation.

Detroit Traffic Lawyers: 800-717-4757

Detroit Traffic Lawyers Discuss Fighting Fleeing & Eluding Cases

Detroit Traffic Lawyers Explain
Fighting Fleeing & Eluding

Fleeing and Eluding is a serious traffic violation issued when a person driving a vehicle “willfully” fails to obey a lawful police signal or command to stop. There are actually 4 types or “degrees” of fleeing and eluding under Michigan law – however all are felonies.

In our previous article our experienced Detroit Traffic Lawyers explained the types of feeling and eluding, and the penalties for each offense. In this article we explain how our lawyers aggressively fight a fleeing and eluding charge.

What Is Fleeing & Eluding?

Under Michigan law, if you are given a signal by a police officer to pull over, you must stop your vehicle – or else face a fleeing and eluding charge.Many people do not realize that increasing the speed of their vehicle, turning off their headlights, or doing anything else that the officer decides is an evasive action can also be considered fleeing and eluding.

The officers signal to stop can be by hand, voice, flashing lights, spot light, emergency lights, siren, horn, or any another visual or audible signal. This can even involve pointing or waving by the cop!

Fighting a Fleeing & Eluding Charge

Our experienced Detroit traffic lawyers know that there’s “two sides to every situation” – and that there are often many additional details that should be presented in a fleeing and eluding case.
Our lawyers will examine every detail of your case in order to present a strong defense and achieve the best available result in your fleeing and eluding case.

According to the law, for you to be charged with fleeing and eluding, the officer signaling must be in uniform, and he or she must be in an identifiable police (or DNR) vehicle when commanding the stop. If the officer is not in uniform and/or is not in an identifiable police vehicle you are not required to stop.

This means that if the cop could not properly be identified as police officer, or if the vehicle they were driving did not clearly appear to be an official police vehicle, we can challenge the charges and fight to get your case dismissed – or take it to trial and present grounds for an acquittal or “not guilty” verdict.

Perhaps you did not feel safe pulling over, because the officer and/or the vehicle were not clearly identifiable. If you had a reasonable belief that the person attempting to stop you was not actually a police officer we can fight your case.

In other situations, it may have been unsafe to stop when requested because of traffic conditions, weather conditions, or other dangerous circumstances. In these cases our experienced detroit traffic lawyers can argue that you were not evading the officer, but merely waiting until you could get to a safe situation in order to do so.

In other case, you may have been in the middle of an emergency – such as a medical condition, or even childbirth – that prevented you from being able to stop and pull over. If you were going to the hospital, taking another individual for medical treatment, or in the middle of a medical episode (such as an acute diabetic or heart problem) our lawyers can also fight your fleeing and eluding case on these grounds

Other possible defenses to fleeing and eluding can include vehicle equipment failure that prevented the driver from safely stopping.

Even in cases where the facts don’t support an outright dismissal, in many cases an experienced traffic lawyer can get your charges dropped to a lesser (non-felony) offense, including: leaving the scene of an accident, failing to stop and give identification at the scene of an accident, or reckless driving.

Best Detroit Traffic Lawyers

Keep in mind that all 4 “degrees” of fleeing and eluding are felony charges. Fines range from $500 to $5,000. And, worse, prison time ranges from two years to fifteen years in Fleeing and Eluding cases. (See All Penalties HERE.) For this reason it is of the utmost importance to have an experienced lawyer handling your case.

If you are facing a fleeing and eluding charge in Detroit, Wayne County, Oakland County or Southeast Michigan our experienced lawyers will fight aggressively for you. Call us today for free consultation.

Detroit Traffic Lawyers: 800-717-4757

5 Reasons to Hire a Detroit Traffic Attorney

5 Reasons You Need a Detroit Traffic Attorney for Your Ticket

Some people believe that if they received a traffic ticket, they can save a few dollars by trying to fight it themselves rather than hiring and Detroit traffic attorney.

In this article we discuss five reasons why hiring a traffic attorney to fight your ticket will not only get you much better results, but will save you time and money in the long run.

Benefits of hiring a Detroit traffic attorney:

#1. Traffic Attorneys Save You Time

When you hire a Detroit traffic attorney they can appear on your behalf in court to fight your ticket, so that you do not have to take time off work, miss school, hire a sitter to watch your kids, and/or sit in court for hours waiting for your case to be heard.

#2. Traffic Attorneys Can Negotiate with Prosecutors

If you go to court on your own, you do not have access to the prosecutor or city attorney before your case. You must sit and wait until you can appear before the judge or magistrate.
However, attorneys have access to the Prosecutor or city attorney in order to negotiate a deal or “plea” or “lesser charge” – all before your case ever goes before the judge or magistrate.

A traffic ticket attorney can successfully negotiate with the prosecutor to reach a better resolution, in some cases they can get your ticket reduced to a lesser charge, and in many cases a Detroit traffic attorney can even get your ticket dismissed at this point.

A traffic attorney will also know the law, the prosecutor, and the magistrate or judge. They will know what the prosecutor or judge is likely to accept in terms of reducing your charge – And what the best “plea” or “deal” possible is in your situation.

#3. Traffic Attorneys Get Fines & Points Reduced

An experience Detroit traffic attorney will be able to get your case dismissed or reduced to a lesser charge which reduces fines and cost, avoids outrageous driver responsibility fees, and avoids points on your drivers record, which can drastically increase your insurance costs.

An experienced attorney can actually end up saving you hundreds or even thousands of dollars when you add up the reduced (or dismissed) fines, and insurance savings from eliminating points.

#4.  Traffic Attorneys Keep You Out of Jail

If you are facing a felony traffic violation, you may also be facing a jail sentence. Many Michigan traffic offenses are felonies that can result in jail time. An experience Detroit traffic attorney can also keep you out of jail. Obviously the importance of this cannot be understated. If you go to jail on a felony traffic conviction you will likely lose your job, and in some cases even lose custody or visitation of your children.
When your freedom is at stake, don’t try to “wing it” and represent your yourself – hire an experience Detroit traffic attorney.

#5. Traffic Attorneys Keep Your Drivers’ License

Detroit traffic attorney can also help you keep your driver’s license. And keeping your driver’s license often also and means keeping your job, as well as being able to live a normal life without relying on others for transportation.

Best Detroit Traffic Attorneys

If you have a traffic-related ticket, an experienced Detroit traffic attorney can make all the difference in the world. Do not make the mistake of believing you can resolve your traffic matters without an attorney, or that you can “talk your way out” of your ticket before a judge or magistrate yourself. Call our experienced Detroit traffic attorneys for a free consultation today – and see what a difference having us by your side can make!

Detroit Traffic Ticket Attorneys: 800-717-4757

Detroit Attorneys Explain New Expungement Laws

Detroit Expungement Attorneys Explain
Michigan’s New Expungement Law

It has been almost two years to the day that Michigan’s new “expungement” – law making setting aside criminal convictions easier – went into effect. And in March of 2017 additional changes were made to the law. This easier criminal record cleaning opens up better employment and educational opportunities for many people.

However, there is still much confusion – both among the general public and even some lawyers – as to when you can get an expungement under the new laws. Part of this confusion arises from the fact that many lawyers and organizations have never bothered to take down the old requirements – and so a lot of outdated information is still floating around.

In this article our experienced Detroit area expungement lawyers explain some of the changes to the law that dramatically increase the eligibility for Michigan citizens to set aside criminal convictions, as well as to keep prior mistakes out of public records.

Requirements for Michigan Expungement

You may petition the courts for an expungement under the following circumstances:

  • If you have been convicted of not more than 1 felony offense and not more than 2 misdemeanor offenses, you may petition to expunge the 1 felony offenses.
  • If you have been convicted of not more than 2 misdemeanor offenses (and no other felony offense(s) you may petition to expunge either or both of the 2 misdemeanors.

This is a big change from the former law (prior to January 2015) which only allowed a person to get an expungement of they had one offense total, whether it was a misdemeanor or a felony.

Additionally, to qualify for an expungement you must wait 5 or more years after whichever of the following events occurs last:

  • the sentencing for the conviction you are seeking to expunge, or
  • the completion of the probation for the conviction you are seeking to expunge, or
  • discharge from parole imposed for the conviction you are seeking to expunge, or
  • the completion your prison term for the conviction you are seeking to expunge.

What Offenses Cannot be Expunged in Michigan

Not all felonies or misdemeanors “qualify” to be expunged – even if you meet the above requirements. The following offenses are called “disqualifying offenses” and these may NOT ever be expunged under Michigan law:

  • Any felony having a maximum possible penalty of life in prison
  • Any attempt to commit a felony having a maximum possible penalty of life in prison
  • Second degree child abuse (or attempted child abuse) under MCL 750.136b(3), MCL 750.136d(1)(b) or MCL 750.136d(1)(c)
  • Child sexually abusive activity (or attempted) under MCL 750.145c or MCL 750.145d
  • Second or Third degree criminal sexual conduct second (or attempted) under MCL 750.520c or MCL 750.520d
  • Fourth degree criminal sexual conduct (or attempted), if the conviction occurred on or after January 12, 2015
  • Assault with intent to commit criminal sexual conduct under MCL 750.520g
  • A felony conviction of domestic violence, if the person has a previous misdemeanor conviction for domestic violence
  • Violations of the Human Trafficking chapter of the Michigan Penal Code
  • Violation of the Michigan Anti-terrorism Act

Unfortunately, all traffic offenses (including drunk driving) cannot be expunged at this time under Michigan law.

There are, however, some limited and complicated exceptions to these rules. For example, a person convicted of a violation or attempted violation of fourth degree criminal sexual conduct  on or before January 12, 2015, may petition for an expungement if they have not been convicted of another offense  – other than not more than 2 minor offenses, which means a misdemeanor or ordinance where the maximum possible imprisonment does not exceed 90 days, the maximum fine is not more than $1000, and the person who committed the offense is not more than 21 years old.

Detroit’s Best Expungement Attorney

Because these requirements are complicated and widely misunderstood, it is important to discuss your specific expungement case with an experienced attorney. Danny Kallabat would be happy to review your conviction history and help you understand if you may qualify for an expungement in Michigan.

Remember, while the requirements to qualify for an expungement have gotten easier in the last 3 years – an expungement is never, ever “automatic”. You still have to prove to the Court’s satisfaction that you have turned your life around and rehabilitated yourself to the point where you deserve a fresh start and a clean record. Additionally, if you file a petition for expungement and it is denied by the convicting court, you cannot re-file another petition for 3 more years after the denial.

For these many reasons, having an experienced Detroit area attorney assist you with your expungement is extremely important. If you would like to discuss getting convictions removed from your criminal record, call attorney Danny Kallabat today for a free consultation. He has helped hundreds of people and her can help you.

Detroit Expungement Attorney 800-717-4757

Detroit Attorneys Explain Michigan’s New MIP Law

Detroit Traffic Attorneys Explain
Michigan’s New MIP Law

Today (January 1, 2018) Michigan’s new Minor in Possession (MIP) law went into effect. This change in the law does not make it legal for a minor (person under 21) to consume alcohol, however it does revise the law to reduce the severity of the charges and penalties.

Before the new MIP law went into effect, any MIP would be classified as a misdemeanor (whether ta first-offense or not) and would appear on the individual’s arrest record. In effect, an MIP used to give a young person a criminal record.

Under the new law, a first offense MIP is now a civil infraction, rather than a misdemeanor.  This means your first MIP is punishable only by a fine – much like a traffic infraction ticket. But a second, or any subsequent MIP violation will still be a misdemeanor under the new law.

Facts About Michigan’s New MIP Law

Michigan New MIP Fines & Penalties

  • The MIP fine is $100 for a first offense. There is also the possibility of community service and substance abuse classes.
  • The Court can also order a minor to undergo substance abuse screening and assessment at his or her own expense.
  • There is no jail time for an MIP now, whereas under the old law you could be sentenced up to 90 days in jail, even on a first offense.
  • Their may be additional consequences imposed by the Secretary of State and/or the minor’s school or university.

Michigan MIP & Criminal Records

  • A first offense MIP will not appear when an employer or other entity is conducting a criminal background check.
  • However, first offense MIP is a civil infraction, so it is a public record and can be found if someone searches the district court’s “case search” database.
  • A first offense MIP offense will also be kept in the non-public segment of your Michigan driving record  – so it will be visible to law enforcement.

Fighting a 1st Offense MIP Ticket

  • There is no court appearance necessary for an MIP, however you must respond within the timeframe listed on the ticket.
  • You must either pay the fine, or notify the court you will be contesting the ticket, within the timeframe.
  • If you don’t respond in the timeframe, you will be found in default, automatically “lose” and be assessed late fees in addition to the fine.
  • If you wish to “fight” your MIP, you should discuss your case with an experienced MIP attorney to ensure you get the best possible representation.
  • You may also qualify for “Medical Amnesty” which exempts minors from prosecution if they voluntarily initiate medical services for treating an alcohol or prescription drug overdose.

Second Offense MIPs

  • Second Offense Minor in Possession charges are misdemeanors. This means they are a crime and you will have a publicly-visible criminal record if you are convicted.
  • Anyone who has received an MIP at anytime in the past (before or after the new law) will be considered having a second offense.
  • If a minor has an alcohol infraction in another state and is then issued an MIP in Michigan, the Michigan infraction can be considered a second offense (misdemeanor).
  • Under the new law, a second MIP offense is punishable by up to 30 days in jail and a $200 fine.
  • A third offense MIP can result in a sentence of up to 60 days in jail plus a $500 fine, as well as revocation of the minor’s driver’s license.

Detroit’s Best MIP Ticket Attorneys

Our experienced Detroit traffic attorneys know how to fight an MIP ticket – whether it is a 1st, 2nd or 3rd offense. Our attorneys will examine every detail of your case, and present a strong defense to achieve the best possible result in MIP case. Remember, even if your MIP is not a misdemeanor under the new law, it can still result in hours of community service, costly substance abuse testing (“dropping”) and have ramifications with your school, university, and the Secretary of State.

If you are facing an MIP in Detroit, Wayne County, Oakland County or Southeast Michigan our experienced attorneys will offer you a FREE & CONFIDENTIAL consultation. Call us today. We can help.