Police Patrols will be Watching for Drunk Drivers on Thanksgiving Holiday

Mark Mandell, Esq.

As another holiday approaches with Thanksgiving, police officers across the state will be keeping a closer eye out for drunk drivers, especially on Michigan’s highways. Between football and the copious amount of food eaten on Thanksgiving, there are also copious amounts of alcohol consumed on this holiday in particular.

As you always hear about tragic accidents happening around this time of year, the message of not drinking and driving is worth repeating. Throw in the worsening road conditions as winter approaches, and alcohol and driving can be a particularly deadly combination.

Not only is drunk driving extremely dangerous, but there are hefty consequences associated with drunk driving. A person is considered “over the limit” if they are operating a vehicle with a BAC of .08 or greater. There are enhanced penalties for “Super Drunk Driving” if an individual’s BAC is 0.17 or higher.

The severity of the penalties depends on what number offense it is and the level of intoxication. The penalties include the following:

• If BAC is below .17 and it is a first offense the penalties includes up to a $500 fine and Up to 93 days in jail; 
• If BAC is above .17 and it is a first offense the penalties includes up to a $700 fine and 180 days in jail;
• If it is a second offense within 7 years the penalties include one or more of the following: a $200 to $1000 fine and/or 5 days to 1 year in jail;
• If it is a third offense within a lifetime the offense is considered a felony and the penalties include one or more of the following: a $500 to $5000 fine, 1 to 5 years imprisonment and/or probation with 30 days to 1 year in jail;
• Additionally, convicted drunk drivers are subject to a $1,000 penalty for two consecutive years under the Driver Responsibility Act, for a total of $2,000 in additional costs.

There are a number of safer alternatives to drunk driving. Safer alternatives include: designating a sober driver; calling a friend; taking a cab; walking or staying over the night at a family or friend’s home.

If you are facing drunk driving charges, or have questions regarding the law, contact experienced criminal defense attorney Mark Mandell at 888-674-1189 or online at www.MichiganFraudLawyer.com.

Veteran Charities – Not All Exist to Benefit Veterans

Matt Worley, Esq.

There are around 1.6 million non-profit organizations in this country.  Of those, upwards of 65,000 include the word “veterans” in their title.  With so many seeking donations, it is more important than ever to be confident that when you give to a veteran charity your donation will actually be used to help our veterans.

Many people assume that if an organization has been granted 501(c)(3) status by the IRS, it went through a stringent application and review process and must therefore be legitimate.  However, the truth is that there is minimal oversight of the process of creating a non-profit organization.  In fact, the IRS recently simplified the application for 501(c)(3) tax exemption from 12 pages (plus schedules) down to only 3 pages.

With almost no ongoing oversight, many of these groups use only a very small portion of donation money to fund products and services for veterans.  Worse still, there are fraudulent organizations that are used only to line the pockets of their creators.

For example, the United States Navy Veterans Association (USNVA) was a registered 501(c)(3) charity.  It had many markings of a legitimate non-profit – a quality website, supposedly in operation since 1927 and dozens of purported chapters across the country with thousands of members nationwide.  In reality, USNVA was run by one man out of his duplex in Florida.  This sham charity bilked donors out of nearly $100 million over a seven-year period.  The ringleader was arrested in 2012 and sentenced to 28 years in prison and $6 million in fines, but sadly most of these donations will never be recovered.

Fortunately, there are resources available to assist potential donors in verifying the legitimacy of a charity before donating.  First off, the charity’s website can provide a first step – most legitimate charities post their financial statements and annual reports on their website so that the public may view them.  Additionally, www.guidestar.org is a non-profit that provides detailed information about 501(c)(3) registered charities.  Further, legitimate charities should be completely transparent.  If an organization is not forthcoming about providing financial/audit statements, copies of their conflict of interest policy, or information about the board of directors and employees, there is cause for concern.

If you have questions about the authenticity of a veteran charity, or believe that you have been taken advantage of by a fraudulent charity, contact the experienced attorneys at Fausone Bohn, LLP.  We can provide you the sound legal advice that you need.  You can reach us at (248) 380-0000 or online at www.fb-firm.com.

MI Secretary of State Looking to Crack Down on Insurance Fraud

Mark Mandell, Esq.

Michigan Secretary of State (SOS), Ruth Johnson, convened a 56 member task force dedicated to addressing insurance fraud in the state. The task force and the SOS recently announced their 17 recommendations.

The recommendations come amid the announcement that the SOS uncovered that a whopping 16% of the documents filed by motorists from 2013-2014 were fake. And you need proof of insurance to receive a license plate in Michigan.

With 16% of documents being fake, one has to ask how that number got so high.

Pete Kuhnmuench, executive director of the Insurance Institute of Michigan, said he believes the high cost of insurance is driving the search for phony insurance coverage. He recommended a $3 fee to ramp up enforcement efforts against fraud. The SOS task force, however, did not address that.  

Secretary of State Johnson claims the problem is costing Michigan motorists around $220 million per year – which she says is a conservative figure. That's because if a driver with fake insurance coverage gets in an accident, the other drive must pick up the tab for those with no coverage.

Johnson said all sort of crooks are in the insurance fraud game, including a lady working out of a church netting some $30,000 a month to the sophisticated Internet fraud artists who produce documents that look real but are not.

The state police, local prosecutors and the state insurance director are all in on fighting back and the SOS has reported that some reforms have already cut the bogus percentage in half.

The task force’s recommendations also include: streamlining prosecution of offenders, assisting law enforcement in verifying insurance during traffic stops, cracking down on unlicensed insurance agents, and establishing a new “fraud commission.”

If you feel like you are a victim of insurance fraud, contact experienced Attorney Mark Mandell with Fausone Bohn, LLP, at (248) 380-0000. Mark has over a decade of experience fighting for his clients’ rights. 

The End is in Sight for Michigan Driver Responsibility Fees

Matt Worley, Esq.

In Michigan, many drivers feel the weight of Driver Responsibility Fees on their shoulders.

These fees are assessed by the State of Michigan to drivers who are found guilty of certain traffic misdemeanors.  These fees are assessed in addition to any fines and costs that were assessed in the district court.  The responsibility fees were created in 2003 at a time when the state was in dire financial straits as a way to generate cash flow.

Part of what makes the responsibility fees unique is the sheer size of the fee assessed.  For example, if a person pleads guilty or is found guilty of driving on a suspended license, that person is assessed $1,000 in responsibility fees – paid out over two years.  Similarly, if a person is convicted of operating while intoxicated, they are assessed a total fee of $2,000.  Other common offenses that have responsibility fees include reckless driving, leaving the scene of an accident, and various drunk/drugged driving offenses.

The problem with these responsibility fees is that they are so large they often send the state’s poorest people in a downward financial spiral that, for many, is nearly impossible to escape from.  The responsibility fees have been called a “tax on the poorest people in the state.”

House Bill 5414, introduced by Representative Joe Haveman, aims to phase out the responsibility fees.  Under the plan, the fees will be virtually eliminated by 2018.  The bill has passed the House and Senate and is expected to be signed by Gov. Rick Snyder in the near future.

The question remains, however, what will replace the nearly $100 million in annual revenue generated from the responsibility fees?

If you would like to know more about Michigan’s driver responsibility fees, or have other questions, contact the legal experts at Fausone Bohn, LLP.  Our team of lawyers consists of current and former prosecutors knowledgeable in both civil and criminal law.  You can reach Matthew Worley at (248) 380-0000 or online at www.fb-firm.com.  

Adapting to an Online World and Avoiding Internet Fraud: Helpful Tips for Seniors

Mark Mandell, Esq.

As more seniors adapt to an online world and increase their web use, they can become victims of Internet Fraud if they are not careful. Because of their late-adoption to the Internet, seniors can be easier targets for Internet and email scams.

The National Council on Aging (NCOA) recently listed Internet Fraud as the sixth most targeted scam towards seniors. Perhaps the most common examples of these online schemes are email scams, whether it’s enticing seniors into an investment or a seemingly reputable organization asking them to “update” their personal information.

The NCOA lists health care, counterfeit prescription drug, and fake anti-aging products in their top five frauds targeted to seniors. In reality, all these scams are increasingly going online.

Fraudulent anti-aging products and prescription drug offerings frequently pop up in email inboxes. In Arizona, a fake Botox scheme ripped off seniors for $1.5 million – the perpetrators were convicted and jailed. Since 2000, the FDA has also investigated an average of 20 counterfeit prescription drug cases per year, up from five per year in the 1990s. There’s no doubt the Internet has provided an easier avenue for scam artists.

While Internet skills are highly valuable today, what steps can the older generation take to avoid these often financially crippling schemes?

If you have a suspicious email sitting in your inbox or are uncertain about an online purchase, the first thing to do is exercise caution, and check with friends and family. Don’t open unsolicited emails without consideration, and don’t be drawn in by flashy websites. Do your homework first. And here are some other helpful steps you can take:

• Be cautious when dealing with a seller outside of the United States.
• There should not be any reason to give out your social security number or driver’s license number over email or through an online auction.
• Check with friends and family to make sure the website or seller is reputable.
• Don’t judge a company solely based on its website: scam artists can construct flashy web pages in a very short amount of time.
• Be cautious if you are receiving an unsolicited email. Do you remember signing up for an email list with this person or company? If not, the best option may be to simply delete the email.
•  Avoid wire-transfers. When purchasing online, a credit card is the best option. Then, you can dispute the charges if something goes wrong.
• If you are dealing with a business, you can check the Better Business Bureau.

If you feel that you have been a victim of fraud or you have questions, you can contact Attorney Mark Mandell. Mr. Mandell has experience you can trust when it comes to defending your rights in cases where you have been scammed. Call today at (248) 380-0000.

You can read the NCOA’s full list of scams targeted towards seniors here: http://www.ncoa.org/enhance-economic-security/economic-security-Initiative/savvy-saving-seniors/top-10-scams-targeting.html

And for more information on cyber security, you can check-out the FBI’s website for helpful tips: http://www.fbi.gov/scams-safety/fraud/internet_fraud

Staying Above Water: What You Need To Know About Drinking While Boating

Mark Mandell, Esq.

As we approach Labor Day, many Michiganders will be flocking to their cottages and their boats for the final time this summer. Michigan actually has one of the highest rates of boat ownership per capita in the nation.¹

And have you ever stopped to think, “Is it really legal to drink while driving a boat?” If you’ve been a spectator at Jobbie Nooner at Lake St. Clair, MI, surely this thought might have crossed your mind at some point.

The short answer is, yes. It is lawful to drive a boat with an open container or two of alcohol. But you have to be careful not to cross the line.

Indeed, the rules for drinking and boating differ in some important ways from drinking while driving. The laws for drinking while boating are governed by the Marine Safety section of Michigan’s Environmental Protection Act

Many Michigan boaters will be surprised to find out that the legal limit for Blood Alcohol Content (BAC) on the water is .10, as opposed to .08 on the roads.

Further, Zero Tolerance laws do not apply on the water as they do on the road. That means you cannot be charged for boating while intoxicated (BUI) if you have taken a prescription medication, and boaters under 21 are held to the same standards as adults.

All this might sound great and more lenient, but boaters should also take caution. When you’re out in the sun all day, just a few drinks could get you to that .10 threshold quickly if you don’t hydrate with water. And just like on the roads, there’s implied consent on the water. (Check out our Fraud Blog’s latest post on Implied Consent in Michigan: click here)

Under implied consent on the water, when you get behind the wheel of a boat you are considered to have consented to a BAC test. Even if you don’t take a breathalyzer test, you can still be detained and taken back to shore if you appear to be disorientated, confused, smell of alcohol, or were driving recklessly.

It’s also important to note that these laws not only apply to boats. Jet skis, kayaks, canoes, and any other type of water craft that can be used for transportation fall within the reach of these laws.

It is also unlawful for the owner of a vessel to allow anyone else to operate their vessel if that person is under the influence of alcohol or drugs.

The penalties for a BUI? 

• For a first conviction, up to 93 days in jail, 45 days of community service, a fine of up to $500, or any combination of those penalties.
• Another offense within seven years may lead to jail time up to one year, with a minimum of 48 hours of consecutive jail time, fines ranging from $200-$1,000, and up to 90 days of community service.
• Upon a third conviction within 10 years, a person will be guilty of a felony, saddling you with a punishment of no less than one year and up to five years of jail time, a fine of $500 to $5,000, or both.
• Enhanced penalties for causing death or disfigurement for another are sentences of up to 15 years and 5 years respectively. 

It’s important to note that a prior drunk-driving offense cannot be used to enhance a drunk-boating offense, and vice-versa. And while drunk driving offenses have a lifetime “look back” period for felonies, the drunk-boating look back period cuts off at 10 years.

So if you and your family head out on the water this summer, as many Michigan families do, boat safely and drink responsibly. A few Corona and limes on a nice summer day could get you into more trouble than you think if you’re not careful, even with a BAC limit of .10 on the water.

¹ Keeping Your Head Above Water in Drunk Boating Cases, Patrick Barone. https://www.michbar.org/journal/pdf/pdf4article1300.pdf

Open Carry & Police Stops in Michigan: Context Matters

Mark Mandell, Esq.

Young men adorned in black garb with rifles slung across their backs walking by a hospital are sure to raise some eyebrows, especially in the suburbs – but it’s not necessarily illegal if you’re over 18 in Michigan. But is it a violation of your constitutional rights if the police temporarily stop and disarm you to ensure you are not unlawfully carrying?

District Court Judge Robert H. Cleland recently handled such a case out of Sterling Heights, MI, and his answer was a resounding, “No” – it is not a violation of constitutional rights for police to temporarily stop you if they have probable cause to believe you might be breaking the law.

Sterling Heights police had received at least six phone calls from concerned residents about individuals who looked like teenagers, dressed in all black with sunglasses, and who were also openly carrying rifles and handguns. Police stopped the individuals, peacefully disarmed them, and then confirmed they were indeed over 18 and lawfully carrying. The guns were returned, and police went on their way.

However, following the incident, the two men who were stopped sued Sterling Heights, its police department, and several officers. They alleged that the officers violated their First, Second, and Fourth Amendment rights.

Judge Cleland sided with the officers. The police officers have what is called “qualified immunity,” whereby government officials are shielded from civil liability when actions performed in their official capacity do not violate “clearly established” rights. And the right to bear arms, like many rights, is not absolute.

In this case, the police officers also had probable cause to believe that the individuals were violating the law – specifically a Michigan law which prohibits people under the age of 18 from openly carrying firearms in public without supervision of an adult. Given their youthful appearance, and one call that refereed to the young men as teenagers, the officers were justified in stopping and searching the individuals to confirm their age.

The individuals who were stopped also alleged their First Amendment rights were violated and that their open carrying of rifles constituted speech. They referenced this year’s Memorial Day Parade where members of a group called Michigan Open Carry marched while carrying guns. However, the Open Carry group had registered in the parade and given prior notice that they would be open carrying, while these two individuals were simply walking the streets in all-black, foreboding attire.

In the words of Judge Cleland, the two were clearly, “trolling for confrontation.” But the overall point is that context matters, especially in lieu of recent mass-shooting events in suburbs where the perpetrators were wearing similar outfits. On the other hand, had these individuals been walking on a street in the UP during hunting season, they may not have had any second looks.

It is important to note that Michigan law does prohibit the carrying of firearms in certain locations, and private establishments can also prohibit firearms. If you are over 18, then you can open carry in some public spaces. However, depending on the circumstances and context, you may be subject to a search from law enforcement.

In the (colorful) words of Judge Cleland’s opinion:

“…in the contemporary reality of a settled, peaceful suburban environment, where most of the hunting is done between aisle three and the frozen food section, the sight of commandos with AK-47s marching along the highway predictably grabs the attention of citizens and law enforcement alike.”

If you have questions about your rights, you can contact Mark Mandell or Don Knapp with Fausone Bohn, LLP at (248) 380-0000.