Catchick Law » Criminal Defense

Can You get arrested for drunk driving in your own Driveway?

admin — Wed, 26 Jul 2017 22:08:53 +0000

Can you get arrested for driving drunk in your own driveway? Per a recent Michigan Supreme Court Case, the answer is YES! Northville police were investigating complaints of loud music, when they saw Mr. Rea pull his car out of, and then back into, his garage, in his own driveway. Michigan law prohibits one from operating a vehicle upon a highway or other place open to the general public or “generally accessible” to motor vehicles, including an area designated for the parking of vehicles. The Michigan Supreme Court ruled that, because Mr. Rea’s driveway was “generally accessible” to cars on the public street turning into it, he could in fact be convicted of drunk driving. Yet another reminder to have GREAT caution when getting behind the wheel.

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Hundreds of mandatory-life teen defendants eligible for re-sentencing

admin — Wed, 06 Apr 2016 14:51:27 +0000

The State is wrestling with how to re-sentence hundreds of Michigan defendants who were ordered as teens to serve mandatory life in prison without parole. In 2012, the U. S. Supreme Court ruled that sentencing a person under 18 to life in prison without parole constituted cruel and unusual punishment, and local counties are now faced with the financial hardship and emotional turmoil of having to re-sentence the offenders. Supporters of the re-sentencing point to numerous scientific studies showing the inability of teen brains to consider the long-term consequences of their actions.

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Michigan’s Sentencing Guidelines ruled unconstitutional by the Michigan Supreme Court

admin — Fri, 31 Jul 2015 14:16:12 +0000

The Michigan Supreme Court has ruled that Michigan’s Sentencing Guidelines, which have been used for many years to calculate a defendant’s sentencing guideline range after they are convicted of a felony, are unconstitutional, because they improperly constrain judicial discretion. The Court stated that the Sentencing Guidelines should only be used in an advisory capacity. This decision could have a far-reaching impact on many defendants, who may attempt to appeal their sentences that were based on an unconstitutional sentencing structure.

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