Catchick Law » DUI

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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Is a Drunk Driver Guilty of Murder?

admin — Fri, 11 Oct 2013 18:00:04 +0000

The New York Court of Appeals will soon decide a case where a driver, who killed someone while driving drunk, is charged with Second Degree Murder. To be guilty of Second Degree Murder in Michigan, a prosecutor must prove that a defendant “knowingly created a very high risk of death or great bodily harm, knowing that death or such harm would be the likely result of his/her actions.” In Michigan, the maximum penalty for Second Degree Murder is life in prison. However, there is a Michigan Statute, called “Operating a Vehicle While Intoxicated or Impaired Causing Death,” which seems to address that particular crime, but carries a maximum penalty of only 15 years. Prosecutors argue that a drunk driver who kills someone falls under the definition of Second Degree Murder. The Defense says there is already a specific crime to deal with the situation. What do you think? Warmest Regards, Matt Catchick

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Drive Sober or Get Pulled Over

admin — Tue, 02 Jul 2013 07:52:36 +0000

Starting last night, police departments all across Michigan kicked off the “Drive Sober or Get Pulled Over” program, to reduce drinking and driving over the 4th of July Holiday. The program, paid for by Federal funding, puts extra officers on the road and runs through Sunday, July 7th. Generally speaking, a 175-pound man who drinks 4 beers in an hour is almost certainly over the legal limit, so govern yourself accordingly and be safe! All my best, Matt Catchick.

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