Ann Arbor Criminal Defense Blog

Woman Charged With Felony OWI, But Was She Driving?

Published on: July 15, 2019 | ArborYpsi Law

Hope Marie Campbell, a South Carolina woman, was charged with a felony Driving Under the Influence (DUI) resulting in death earlier this summer. She later beat the case on a showing that she did not actually drive the car. Warren Faucett died three days after Campbell’s vehicle rear ended him while he was on his motorcycle. Faucett’s brother spoke to Campbell in the Greenville County jail the day she was charged. He stated no sentence would be enough to replace his lost loved one.

After Campbell was charged, investigators reached a conclusion that although her Honda Odyssey was involved in the crash, Campbell was not the one at the wheel. Since then Campbell’s felony DUI charge has been dropped. She has now been charged with accessory to a felony. According to her attorney, Randy Chambers, Campbell has consistently maintained her innocence. She has claimed from the beginning that she was not driving at the time of the accident.

What Lead to the Incorrect Charge?

Since Campbell owned the Honda Odyssey a traffic ticket was issued under her name. In addition, there was a warrant granted after Faucett’s death that stated it believed Campbell was drinking and driving or using drugs and driving the night of the incident.

Police Can Take Blood From Unconscious DUI Suspects Without Warrant, Rules Supreme Court

Published on: June 29, 2019 | ArborYpsi Law

When police pull over someone for a DUI, they will ask the driver to take a test for alcohol. What happens if the police find the driver passed out?

In Mitchell v. Wisconsin, The Supreme Court ruled that police generally do not need a warrant for a blood draw on an unconscious DUI suspect. This is because situations with unconscious DUI suspects generally require increased responsibilities for police and prevent them from immediately getting warrants. There may some exceptions to this rule, however, such as where the situation does not prevent police from getting a warrant immediately.

What Happened in the Case

Mitchell was arrested for operating while intoxicated. A preliminary breath test (PBT) revealed a blood alcohol content of .24. While en route to the police station to take a more accurate breath test, he passed out, making it impossible to perform the breath test. Police brought him directly the hospital for a blood test. A police officer read Mitchell his implied consent rights.

Mothers Against Drunk Driving Lobbying for More Ignition Interlock Devices

Published on: June 26, 2019 | ArborYpsi Law

In Boston, Massachusetts, Mothers Against Drunk Driving is pushing for legislation that requires first time Driving Under the Influence (DUI) offenders to drive with an interlock device system. An interlock device requires drivers to blow into a breathalyzer in order for the automobile to start. If the interlock system detects alcohol in the driver’s system the vehicle will not start.

The Mothers Against Drunk Driving group believes this particular law will reduce the casualties of drunk driving. Mary Kate DePamphilis, a program director for MADD, claims other states have seen a 50% decrease in drunk driving related casualties since implementing an interlock device law. The state of Massachusetts, which does not have interlock legislation in place for first time offenders, saw 120 drunk driving casualties in 2017 and 148 drunk driving casualties in 2016.

Interlock devices have reduced drunk driving fatalities by seven percent in participating states. Currently 32 states require an interlock system to be installed if an individual’s BAC is .08 or higher.

Will the New CATCH Program Decrease Sexual Assaults in the Military?

Published on: June 26, 2019 | ArborYpsi Law

The Pentagon’s new program called the “Catch Program,” is aimed at catching repeat sexual predators with the use of the accuser’s information.

The victims will not be required to file a formal report, instead the report will be restricted. Therefore, the complainant will not be subjected to the pressure and stress of a formal sexual harassment or sexual assault investigation. Accusers can provide demographic information about their attacker. For example, the attacker’s height, weight, ethnicity, identifying skin marks like tattoos or scars, and the individual’s title in the service.

What do investigators do with the identifying demographics?

The investigators will then take this information and compare it to demographics on national databases. The hope is that the more information obtained will lead investigators to repeat attackers. If a sexual assault offender is linked between the two databases the accuser will be contacted and given the opportunity to file formal charges. If the complainant still declines to file a formal report they have the option of being contacted in the future. The program will also help sexual assault victims pay hospital bills, provide them with emotional support, and obtain legal counsel.

People v. Campbell: Motor Carrier Officer’s Ability to Pull Over Vehicles in Carrying Concealed Weapons Case

Published on: June 16, 2019 | ArborYpsi Law

In People v. Campbell out of Mackinac County, the Court of Appeals discusses the ability of Michigan State Police motor carrier officers to stop vehicles. The case also deals with carrying concealed weapons.

Jason Campbell was charged with three counts of carrying a concealed weapon after being pulled over by a Michigan State Police Motor Carrier Officer (MCO). He fought the case, specifically challenging the MCO’s authority to make the initial stop and then to extend the stop.

The trial court in Mackinac County agreed, and the prosecution appealed the decision.

Cyntoia Brown Released From Prison

Published on: June 9, 2019 | ArborYpsi Law

Cyntoia Brown was found guilty of first-degree murder, first degree felony murder, and aggravated robbery when she was just 16 years old. She was tried as an adult and sentenced to 51 years in prison before being eligible for parole.

Who is Cyntoia Brown?

Brown was be sold for sex by a pimp. About 15 years ago Johnny Mitchell Allen bought Brown for sex and brought her back to his home despite her opposition. Brown observed a large gun cabinet in Allen’s home. Allen reached for something under his bed and Brown believed he was reaching for a gun to kill her. In self-defense she pulled out a gun from her purse shooting and killing Allen. In the trial the prosecutor convinced the jury the murder was the result of a robbery gone wrong as Brown had taken Allen’s wallet and fled the scene.

Celebrities Kim Kardashian-West and Rihanna have lobbied publicly for Brown’s release. She was released August 7th, 2019 after being granted clemency by Bill Haslam, the Tennessee Governor.

Is Drugged Driving on the Rise in Washtenaw County?

Published on: June 9, 2019 | ArborYpsi Law

Drugged driving – driving while under the influence of drugs rather than alcohol – has received a lot of recent attention from law enforcement.

In 2017, a pilot program for a roadside saliva drug test was tested in five counties. This program involved the use of a quick drug test designed to see if a driver had certain drugs in their system. The test is similar to a preliminary breath test for alcohol. The test gives the police probable cause to make an arrest for an OWI.

This year the use of the roadside saliva test will expand statewide.

Can You Get In Trouble For Leaving a Child in a Car?

Published on: June 6, 2019 | ArborYpsi Law

Yes, while people would rarely intend to leave a child in a car, it is a crime to do so under certain circumstances. These types of cases are popping up in the media more and more now.

What’s the Law

It is a misdemeanor to leave a child in a car unattended for a period of time that poses an unreasonable risk of harm or injury. This is punishable by up to 93 days in jail, fines, or both.

If the child suffers physical harm then the misdemeanor is punishable by up to one year instead of 93 days.

MSP to Crackdown on Aggressive Driving This Summer

Published on: June 4, 2019 | ArborYpsi Law

A new enforcement campaign by the Michigan State Police will focus on aggressive driving. So slow down and take it easy out there to avoid tickets!

What Are Police Looking For?

The enforcement focuses on aggressive driving, which can include;

Careless Driving
Reckless Driving
Improper Lane Use
Failure to Yield

Where is This Enforcement?

The Michigan State Police Crackdown will focus on the stretch on I-94 between Jackson and Taylor. This is about a 65 mile stretch of highway that has seen an increase in traffic crashes over the last five years. During that time, crashes involving commercial vehicles have risen 15%. In addition, 86 people died in traffic crashes. Counties of enforcement include Wayne, Washtenaw, and Jackson.

Federal Court Ruling May Give New Relief for University Students Accused of Sexual Misconduct

Published on: May 28, 2019 | ArborYpsi Law

Universities and colleges around the country are under pressure to handle claims of sexual misconduct against students. Schools now create legalistic-procedures to deal with these claims. There is no prescribed form these procedures must take. Many critics of this system claim there is inherent unfairness to the student who stands of accused of sexual assault or harassment.

In the last year, there has been a flurry of legal challenges to the policies and procedures for handling sexual misconduct. For example, in one notable case, the Sixth Circuit Court of Appeals ruled that universities must provide a live hearing that include cross-examination for cases in which a witness’s credibility is at stake.

In this case styled John Doe v. Northern Michigan University, a federal court allowed a student to proceed with a suit against NMU based on a claim of a breach of contract.