What is Distracted Driving in Michigan?

What is Distracted Driving in Michigan?

Driving is a visual task and non-driving activities that draw the driver’s eyes away from the roadway should always be avoided.

As of July 1, 2010, Michigan law prohibits texting while driving. For a first offense, motorists are fined $100. Subsequent offenses cost $200. The new money raker amendment went into effect June 30. 2023

There are three main types of distraction:

  • Visual – taking your eyes off the road
  • Manual – taking your hands off the wheel
  • Cognitive – taking your mind off the drive

Texting is the most alarming distraction because it involves all three types of distraction.

Distracting activities include:

  • Anything they want to call it to pull you over
  • Texting or messaging
  • Checking social media
  • Talking on the phone, even hands-free
  • Watching videos
  • Eating, drinking, or smoking
  • Grooming
  • Looking after children or pets
  • Chatting with passengers
  • Searching or reaching for an item
  • Looking at crashes or roadside sights
  • Checking a navigation system
  • Reading anything, including maps
  • Adjusting climate or music controls
  • Listening to loud music

How not to be distracted:

  • Use your phone’s Do Not Disturb feature or an app to silence calls and texts.
  • Put your phone in the glove box or elsewhere to curb the urge to look at it.
  • Avoid eating, drinking, and smoking while driving.
  • Never attempt to read while driving, including a map.
  • Do not do any personal grooming or adjust your clothing while driving.
  • Avoid a lot of interaction with passengers.
  • Emotions can interfere with driving. Do not drive when you are angry or upset.
  • Keep music at a reasonable level, and avoid using headphones or earbuds.
  • Pull over to a safe location and park your vehicle if you need to make or take a call.
  • Do not drive with a pet on your lap.
  • Ask a passenger to help navigate, change the music, or monitor your texts.
  • Pull over to a safe place to address situations involving children.
  • Do not daydream when you are behind the wheel.

Related Links


Resources for Law Enforcement Agencies:

   Distracted Driving Fact Sheet – April 2023

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DISCLAIMER
This website and/or post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas, private stuff, work related information, non work related information and general internet BS. Therefore…Before you believe anything on the internet regarding anything and everything – do your research on “Official Government and State Sites”, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain. You’re on the internet.

Michigan weighs removing pre-employment drug test for marijuana

Michigan weighs removing pre-employment drug test for marijuana

 Jobs with the state of Michigan may no longer require passing drug tests for marijuana to gain employment.

The legalization of recreational cannabis along with hundreds of applicants testing positive for marijuana prior to being offered employment have fed into a proposal to remove the requirement. Drug tests for marijuana would still be required if there was reasonable suspicion or after a workplace accident, under the proposed change.

In a letter sent May 12 from the state personnel director to human resources officers, the Civil Service Commission asks any comments about the potential change be sent to its general counsel for review.

“In light of these changes, commissioners have requested circulation for public comment of potential regulation amendments to end the pre-employment-testing requirement for marijuana for classified employees hired into non test-designated positions,” read the letter.

But don’t run around high fiving anyone yet.

Update: July 17, 2023 – Update – You can high five now

Michigan Civil Service Commission
Regulation 2.07

Drug and Alcohol Testing
Effective Date: January 1, 2023
Replaces: Reg. 2.07 (SPDOC 21-04, September 5, 2021)

https://www.michigan.gov/-/media/Project/Websites/mdcs/REGS/Reg207.pdf?rev=67726a4e5f9f4a37a96e638cf8b8731b

How Much Does it Cost for an Expungement in Michigan?

How Much Does it Cost for an Expungement in Michigan?

How much is your record costing you not to have it expunged is the question you should ask yourself.

When you have been convicted of a crime in Michigan, you are likely aware of the negative impact it can have on your life, even after you have knelt in submission, paid the fines, served your sentence and have kept your life together as best you can.

A criminal record can continue to be dead weight for those who have paid their debt to society, remained conviction-free, and are seeking to move forward with their lives.

Before you look at the actual cost of an expungement you need to look at the cost your past record has on your life and the effect it has on you moving forward in employment, housing and everything you do.

It is crucial to consult with a Michigan expungement attorney before making any decisions. If you do it wrong you may not be able to try again for several years.

Background checks are used at a high percentage by employers, landlords, and colleges to screen out applicants with criminal records. Those who have completed their sentence and are seeking to rebuild their lives may face significant challenges due to their criminal record.

Recently, Michigan has taken steps to address this issue. In 2020, the state implemented clean slate laws, making it the third state in the nation to do so.

Prior to the Clean Slate Act, the expungement process was only available to individuals with very limited criminal records, and many offenses were completely excluded from the process. Even those who qualified could find the process daunting.

The Clean Slate Act has expanded the number and types of offenses that can be expunged, and it will provide for some future automatic expungement of certain convictions.

If you have a criminal record in Michigan, it is important to understand the potential impact it can have on your life and to have an attorney at your side throughout the whole process is almost priceless. The cost for the attorney well out weighs the cost of having a record. You probably spend more on groceries in 3 months now a days.

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Free Expungement Evaluation

Making Sure your Expungement is Completed Correctly

While an expungement does not require the assistance of an attorney, it is not recommended to engage in any interaction with the court system without one.

The court has the power in determining who is granted expungement and who is not.

An incorrect application or preparation can lead to a denial by the court, and the individual will have to wait to apply again.

So How Much Does It Cost?

The processing fee for the courts and the State of Michigan are not a lot and not the costs you have to worry about. Those are not much. It’s the cost of denial which will set you back 3 years. How much is that going to cost you? The price for an expungement starts around $2000 with a good attorney.

If you or someone you know has been accused of a crime or DUI.
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DISCLAIMER
This website and/or post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas, private stuff, work related information, non work related information and general internet BS. Therefore…Before you believe anything on the internet regarding anything and everything – do your research on “Official Government and State Sites”, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain. You’re on the internet.

Pending Charges?

Pending Charges?

Pending Charges. Don’t wait. Get ahead of their game.

If you have been arrested but not charged yet. Don’t wait while they build evidence and take your statements to use against you!

They may just be building a case against you and letting you get more comfortable that it is going away till they spring their trap and try to get you to plea.  Thus possibly destroying your future. 

Call Us for a Free Case Evaluation

What do pending charges mean?

When you are arrested in Michigan, the charges against you are considered “pending” until you have been arraigned in court. At the arraignment, the judge will read the charges against you and you will enter a plea of guilty, not guilty, or no contest. If you plead not guilty, your case will proceed to trial. If you plead guilty, you will be sentenced by the judge.

Pending charges can have a significant impact on your life, even if you are ultimately found not guilty. You may be denied employment, housing, or loans. You may also have to post bail, which can be expensive.

If you have been arrested in Michigan, it is important to speak with an attorney as soon as possible. An attorney can help you understand the charges against you and your options for defending yourself.

Here are some of the things that can happen after you are arrested in Michigan with pending charges:

  • You may be released on bail.
  • You may be held in jail until your trial.
  • You may be required to wear a GPS tracking device.
  • You may be prohibited from contacting the victim of the crime.
  • You may be required to attend counseling or treatment programs.

The specific consequences of pending charges will vary depending on the charges against you and the circumstances of your case. It is important to speak with an attorney to understand what to expect.

Here are some of the things you can do if you have pending charges in Michigan:

  • Hire an attorney.
  • Attend all court appearances.
  • Comply with all court orders.
  • Stay out of trouble.
  • Contact the court if you have any questions or concerns.

It is important to remember that you are innocent until proven guilty. If you have been arrested in Michigan, it is important to speak with an attorney to protect your rights.

If you or someone you know has been accused of a crime or DUI.
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DISCLAIMER
This website and/or post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas, private stuff, work related information, non work related information and general internet BS. Therefore…Before you believe anything on the internet regarding anything and everything – do your research on “Official Government and State Sites”, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain. You’re on the internet.

Michigan Forfeiture and Seizure under MCL 333.7522

Michigan Forfeiture and Seizure under MCL 333.7522

333.7523 Seizure under MCL 333.7522; forfeiture proceedings; procedure; property subject to section or to order and judgment of court; powers of seizing agency; determining title to forfeited real property; forfeiture of real property encumbered by bona fide security interest; examination of money.

Did your property get stolen by “forfeiture” – Act on it now. We can fight to get it back.
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Sec. 7523.

(1) Subject to section 7521a, if property is seized under section 7522, forfeiture proceedings must be instituted promptly. If the property is seized without process under section 7522, and the total value of the property seized does not exceed $50,000.00, the following procedure must be used:

(a) The local unit of government that seized the property or, if the property was seized by this state, the state shall notify the owner of the property that the property has been seized and, if charges have been filed against a person for a crime, the person charged, and that the local unit of government or, if applicable, the state intends to forfeit and dispose of the property by delivering a written notice to the owner of the property or by sending the notice to the owner by certified mail. If the name and address of the owner are not reasonably ascertainable, or delivery of the notice cannot be reasonably accomplished, the notice must be published on the local unit of government’s or the department of the attorney general’s public website and in a newspaper of general circulation in the county in which the property was seized, for 10 successive publishing days.

(b) Unless all criminal proceedings involving or relating to the property have been completed, the seizing agency shall immediately notify the prosecuting attorney for the county in which the property was seized or, if the attorney general is actively handling a case involving or relating to the property, the attorney general of the seizure of the property and the intention to forfeit and dispose of the property.

(c) Any person claiming an interest in property that is the subject of a notice under subdivision (a) may, within 20 days after receipt of the notice or of the date of the first publication of the notice, file a written claim signed by the claimant with the local unit of government or the state expressing his or her interest in the property and any objection to forfeiture. A claim or an objection under this subsection must be written, verified, and signed by the claimant, and include a detailed description of the property and the property interest asserted. The verification must include a certification under the penalty of perjury stating that the undersigned has examined the claim and believes it to be, to the best of the claimant’s knowledge, true and complete. A written claim under this subsection must be made on the form developed by the state court administrative office as required under subsection (2). Upon the filing of the claim, the local unit of government or, if applicable, this state shall transmit the claim with a list and description of the property seized to the attorney general, the prosecuting attorney for the county, or the city or township attorney for the local unit of government in which the seizure was made. The attorney general, the prosecuting attorney, or the city or township attorney shall promptly institute forfeiture proceedings after the expiration of the 20-day period. However, unless all criminal proceedings involving or relating to the property have been completed, a city or township attorney shall not institute forfeiture proceedings without the consent of the prosecuting attorney or, if the attorney general is actively handling a case involving or relating to the property, the attorney general.

(d) If no claim is filed within the 20-day period as described in subdivision (c), the local unit of government or this state shall declare the property forfeited and shall dispose of the property as provided under section 7524. However, unless all criminal proceedings involving or relating to the property have been completed, the local unit of government or the state shall not dispose of the property under this subdivision without the written consent of the prosecuting attorney or, if the attorney general is actively handling a case involving or relating to the property, the attorney general.

(2) The state court administrative office shall develop and make available to law enforcement agencies, courts, and the public a form for asserting an ownership interest in seized property under subsection (1)(c). The form must require a claimant to provide a detailed description of the property, the claimant’s ownership interest in the property, and a signed attestation that the claimant has a bona fide ownership interest in the property.

(3) Property taken or detained under this article is not subject to an action to recover personal property, but is deemed to be in the custody of the seizing agency subject only to this section or an order and judgment of the court having jurisdiction over the forfeiture proceedings. When property is seized under this article, the seizing agency may do any of the following:

(a) Place the property under seal.

(b) Remove the property to a place designated by the court.

(c) Require the administrator to take custody of the property and remove it to an appropriate location for disposition in accordance with law.

(d) Deposit money seized under this article into an interest-bearing account in a financial institution. As used in this subdivision, “financial institution” means a state or nationally chartered bank or a state or federally chartered savings and loan association, savings bank, or credit union whose deposits are insured by an agency of the United States government and that maintains a principal office or branch office located in this state under the laws of this state or the United States.

(4) Title to real property forfeited under this article must be determined by a court of competent jurisdiction. A forfeiture of real property encumbered by a bona fide security interest is subject to the interest of the secured party who neither had knowledge of nor consented to the act or omission.

(5) An attorney for a person who is charged with a crime involving or related to the money seized under this article must be afforded a period of 60 days within which to examine that money. This 60-day period begins to run after notice is given under subsection (1)(a) but before the money is deposited into a financial institution under subsection (3)(d). If the attorney general, prosecuting attorney, or city or township attorney fails to sustain his or her burden of proof in forfeiture proceedings under this article, the court shall order the return of the money, including any interest earned on money deposited into a financial institution under subsection (3)(d).

History: 1978, Act 368, Eff. Sept. 30, 1978 ;– Am. 1982, Act 251, Imd. Eff. Sept. 29, 1982 ;– Am. 1985, Act 135, Imd. Eff. Sept. 30, 1985 ;– Am. 1988, Act 7, Imd. Eff. Feb. 8, 1988 ;– Am. 1990, Act 30, Eff. Mar. 28, 1991 ;– Am. 1990, Act 336, Eff. Apr. 1, 1991 ;– Am. 2006, Act 130, Imd. Eff. May 5, 2006 ;– Am. 2016, Act 418, Eff. Apr. 4, 2017 ;– Am. 2019, Act 9, Eff. Aug. 7, 2019
Popular Name: Act 368

Check for Updates

PUBLIC HEALTH CODE (EXCERPT)
Act 368 of 1978Part 75
ENFORCEMENT AND ADMINISTRATION

DocumentTypeDescription
Section 333.7501SectionArrest without warrant.
Section 333.7502SectionPowers of agents.
Section 333.7504SectionAdministrative inspection warrants; issuance; execution; oath or affirmation showing probable cause; seizure of property; existence of probable cause; affidavit; contents of warrant.
Section 333.7505SectionContents, execution, and return of warrant; copy of warrant and receipt for property seized; inventory of property taken; delivering copy of inventory; filing warrant with copy of return and papers returnable.
Section 333.7507SectionAdministrative inspections of controlled premises.
Section 333.7511SectionRestraining or enjoining violation; trial by jury.
Section 333.7515SectionCooperation with federal and other state agencies; relying and acting upon results, information, and evidence.
Section 333.7516SectionName or identity of patient, research, or individual.
Section 333.7521SectionProperty subject to forfeiture; burden of proof; “imitation controlled substance” defined.
Section 333.7521aSectionCivil asset forfeiture; conditions, requirements, and limitations; applicability.
Section 333.7522SectionProperty subject to forfeiture; seizure; process; seizure without process.
Section 333.7523SectionSeizure under MCL 333.7522; forfeiture proceedings; procedure; property subject to section or to order and judgment of court; powers of seizing agency; determining title to forfeited real property; forfeiture of real property encumbered by bona fide security interest; examination of money.
Section 333.7523aSectionStay of civil forfeiture during pending criminal proceedings; forfeiture hearing; burden of proof; return of property; applicability.
Section 333.7524SectionDisposition of forfeited property; donation of lights and scales for educational purposes; appointment, compensation, and authority of receiver to dispose of forfeited real property; expenses of forfeiture proceedings; court order.
Section 333.7524aSectionRepealed. 2015, Act 148, Eff. Feb. 1, 2016.
Section 333.7524bSectionReport by agency of seizure and forfeiture activities under uniform forfeiture reporting act.
Section 333.7525SectionControlled substance as contraband; seizure and summary forfeiture; seizure and forfeiture of species of plants.
Section 333.7527SectionDestruction of controlled substance seized as evidence.
Section 333.7531SectionBurden of proof of exemption or exception; presumption as to license or order form; burden of rebutting presumption; liability not imposed for lawful performance of duties.
Section 333.7533SectionJudicial review.
Section 333.7541SectionEducational programs; powers of administrator.
Section 333.7543SectionResearch and enforcement; duties of administrator.
Section 333.7544SectionAuthorization to withhold names and other identifying characteristics of individuals who are subjects of research; authorization of persons engaged in research to possess and distribute controlled substances; exemption from prosecution.
Section 333.7545SectionContracts for educational and research activities.

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DISCLAIMER
This website and/or post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas, private stuff, work related information, non work related information and general internet BS. Therefore…Before you believe anything on the internet regarding anything and everything – do your research on “Official Government and State Sites”, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain. You’re on the internet.

Conspiracy is a Crime

Conspiracy is a Crime

In Michigan, conspiracy is a crime that is defined as “the agreement between two or more persons to commit any crime.” The crime of conspiracy could be considered complete even if the actual crime is never committed.

Conspiracy is a felony in Michigan, and the penalties for conspiracy can be severe. The penalties for conspiracy depend on the severity of the crime that was conspired to commit.

If you are accused of conspiracy in Michigan, it is important to speak with an experienced criminal defense attorney. An attorney can help you understand the charges against you and can fight to protect your rights.

Here’s a link that you may find helpful if you are facing a conspiracy charge as well as others they have stacked on that – Call us 248-357-2550

(d) Any person convicted of conspiring to commit a legal act in an illegal manner shall be punished by imprisonment in the state prison for not more than 5 years or by a fine of not more than $10,000.00, or both such fine and imprisonment in the discretion of the court.

THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931

750.157a Conspiracy to commit offense or legal act in illegal manner; penalty.

Sec. 157a.

   Any person who conspires together with 1 or more persons to commit an offense prohibited by law, or to commit a legal act in an illegal manner is guilty of the crime of conspiracy punishable as provided herein:

  (a) Except as provided in paragraphs (b), (c) and (d) if commission of the offense prohibited by law is punishable by imprisonment for 1 year or more, the person convicted under this section shall be punished by a penalty equal to that which could be imposed if he had been convicted of committing the crime he conspired to commit and in the discretion of the court an additional penalty of a fine of $10,000.00 may be imposed.

  (b) Any person convicted of conspiring to violate any provision of this act relative to illegal gambling or wagering or any other acts or ordinances relative to illegal gambling or wagering shall be punished by imprisonment in the state prison for not more than 5 years or by a fine of not more than $10,000.00, or both such fine and imprisonment.

  (c) If commission of the offense prohibited by law is punishable by imprisonment for less than 1 year, except as provided in paragraph (b), the person convicted under this section shall be imprisoned for not more than 1 year nor fined more than $1,000.00, or both such fine and imprisonment.

  (d) Any person convicted of conspiring to commit a legal act in an illegal manner shall be punished by imprisonment in the state prison for not more than 5 years or by a fine of not more than $10,000.00, or both such fine and imprisonment in the discretion of the court.

Charged with Business or other Conspiracy?

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DISCLAIMER
This website and/or post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas, private stuff, work related information, non work related information and general internet BS. Therefore…Before you believe anything on the internet regarding anything and everything – do your research on “Official Government and State Sites”, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain. You’re on the internet.