Does drinking and driving extend to tractor drivers?

Think you’re safe driving your John Deere after a few drinks?

It doesn’t take much to drink enough to hit Michigan’s legal blood alcohol limit (.08). For some of us, we can’t even have a full drink, while others can maybe have 1 or 2 drinks. What happens when you have a beer and decide to drive your farm tractor? Could that really be considered drinking and driving?

Could Driving a Tractor After a Beer Really Be Considered Drinking and Driving?

One southwest Michigan man is finding out the hard way that, yes, driving your John Deere tractor after having a few drinks is consider drinking and driving in the law’s eyes. The Detroit Free Press reported on it last week,

Sheriff’s deputies arrested a southwestern Michigan man after finding him driving a farm tractor on a county road while drunk. The Van Buren County sheriff’s office says the 49-year-old Paw Paw man was taken into custody around 5 p.m. on Friday in Decatur Township. The deputies spotted the man driving the John Deere tractor in both the northbound and southbound lanes of County Road 665.”

According to MLive’s report on the same incident:

The sheriff’s office has not released the man’s name. It was the driver’s third offense for operating while intoxicated and he was also charged with driving with a suspended license.

Obviously, it is best to not drive after you’ve been drinking, but did you know that even if you put the car in drive and don’t take your foot off the brake that you can be considered drinking and driving?

If you or someone you know has a DUI or OWI, having an experienced and aggressive defense lawyer can be all the difference. If you have any questions about OWI charges and DUI charges, please, call my office at:

248-348-7400 or 586-530-1000

Have you ever sent a text that no one but the person you were sending it was suppose to read?

Do you think your texts are private?

Texting is relevantly a new form of communication. I was surprised to find out that my friend’s son, who while in school to become a physical therapist and working as a part-time employee for a physical therapist, is only communicated with about his work schedule through texting.

Now, before we blame my friend’s son, this way of communication was initiated by the employer. As the younger generation becomes older it seems like texting becomes more and more a part of life. If you know anyone from a younger generation then you know that usually the best way to communicate with them is through text.

Detroit’s Former Mayor

We have known many who have been brought down by text messages. The former mayor of Detroit is just one of those people when in January of 2008 the story broke that Kilpatrick had lied under oath. The Detroit Free Press broke the news by being able to get a hold of Kilpatrick’s text message records.

A Teacher Texting a 15-Year-Old Student

Today, we look to a story about a former Kent County, Michigan high school teacher who reportedly exchanged thousands of texts with a 15-year-old female student. The text messages were discovered by the girl’s parents after they became concerned. Mlive reported,

A former Byron Center High School teacher, who is accused of having sex with a 15-year-old student, allegedly exchanged thousands of texts with the girl and gave her another phone after her own iPhone was taken away by the school, court records show.”

Your Turn

Do you think that our text messages should be kept more private? Or, do you think that text message records are an acceptable form of evidence?

Have you ever driven after enjoying some medicinal marijuana?

If you have, you may want to reconsider that choice. Today, we are sharing about a new product developed in Sweden that can actually detect if you have use marijuana, morphine, cocaine, and 9 other controlled substances.

This new breathalyzer is reportedly just as accurate is a blood or urine test according to a study conducted by Olof Beck, of Sweden’s Karolinska Institute. The study results state that the device is accurate about 87% of the time. We’ve reported before about how a traditional breathalyzer is not always accurate in How to Prevent a False Positive Breathalyzer Test.

According to Inquisitr.com

The news is good for law enforcement and likely bad for drug offenders. The new breathalyzer test would likely be a boon for police officers in Washington state and Colorado, where voters moved to legalize marijuana during the last election. Washington put in place laws to make driving under the influence of marijuana the same kind of offense as driving under the influence of alcohol.”

There is so much confusion surrounding marijuana these days. Not only in the states that have passed decriminalizing marijuana, but also for states like Michigan that while the state has yet to decriminalize many of cities like Grand Rapids and Flint have.

During this time of confusion, it is critical that if you or someone you know and love is being facing marijuana related or other controlled substance abuse charges to contact an experienced criminal defense attorney. That criminal defense attorney may be the only one standing between them and jail.

Michigan does have a law against driving under the influence of drugs, but this breathalyzer would be the only way to test it on the road. Do you think this new breathalyzer will come in Detroit?

For any questions or to see how I can help, please call: 248-348-7400 or 586-530-1000

Do you think more gun control is the answer?

We all remember the horrific tragedies like the Colorado shooting where a man dressed as the joker opened fire in a movie theater. Another tragedy seared in our memories is of the children who died when another man went into the Connecticut school and opened fire. Our hearts broke and those are only two examples of why President Obama’s administration is now pushing tighter gun control.

There are some who believe that by limiting gun control will actually increase crime. They believe that criminals will refuse to obey the new laws just as the refuse to obey the current law. Policymic.com reports,

Note that each and every legal gun buyer in Michigan, and particularly Detroit, must be approved by the local police at least twice each and every time they purchase a gun and undergo a background check by the federal government. As a result, Detroit has the second highest murder rate in the nation and is considered by many to be the most dangerous city in which to live in the United States. Simply put, gun control, as a means of controlling crime and protecting law abiding citizens, is a dismal failure.”

Michigan does boast 2 of the most dangerous cities in the U.S. – Flint and Detroit. If you live or have grown up around either of those cities, you are not new to gun violence.

Policymic.com quotes a beloved President Ronald Reagan quote,

Government is not the solution to our problem, government is the problem.”

So what do you think? What is the answer to this issue of gun control? Should the government put tighter rules and make it even hard to purchase guns in America? Or is there already enough regulations?

What is your answer to the gun control questions?

Click on the link to read the whole article by policemic.com: Gun Control Facts: Detroit Crime Rate is the Result Of Gun Control

Did you know that prisoners in Michigan have an average stay of 4.3 years, while the national average stay is 2.9 years?

Hello and happy Friday! I know we have all worked a long hard week and are ready for the weekend. I know I am. Did you know that much of your tax dollars are headed to feed, clothe, and shelter criminals?

We all know that our tax dollars fund the prisons and keep us safe. Then why is the national average stay of a prisoner over a year shorter than in Michigan? Are we being falsely persuaded into paying more of our tax dollars?

The MiningJournal wrote a great article about this issue. Below is a quote from the article.

Between 1990 and 2009, the average stay in Michigan increased by almost two years, costing an estimated $471.9 million to keep prisoners locked up longer, according to the Pew study released last year. Pew is a Washington, D.C., based nonprofit research center. Heyns said there needs to be a discussion about sentencing changes soon or the state will continue to pay to keep too many people locked up, often after they are no longer a threat to society.”

This article goes on further to state that according to “Some experts argue longer prison stints do little to deter crime or reduce recidivism and therefore only swell the Corrections Department budget.”

So what do you think? Is this something that we need our politicians to take a deeper look at? With Michigan and cities all over Michigan struggling to meet their budget, could reducing prison sentences help?

Or do you feel safer living in Michigan knowing that criminals face harsher sentencing then most states in the U.S.?

Please share your thoughts in the comments below.

Did your city vote to decriminalize pot last November? Has your city listened to your vote?

One big change that happened in November in many states and cities was the vote to decriminalize pot. States include Colorado and cities, Flint and Grand Rapids, Michigan. While federal law still says the use and possession of pot is illegal, many police and city officials are left with questions on what they should do now.

Grand Rapids, Michigan is one of those cities. Fifty eight percent of the city voted to decriminalize pot. However, that was in November, and since that vote, the people have battled for their voices to be heard and the vote to be implemented.

Why the Stall?

Kent County Prosecutor, Bill Forsyth, filled a law suit that stalled the bill. Many of the city members opted to wait for the April 24th hearing. Paul Sullivan, the Kent County Circuit Judge, authorized Grand Rapids to implement the decriminalization of pot.

MLive reports:

Though Sullivan has not made a ruling in the case, city leaders said they are confident that the court will uphold the charter amendment. City Manager Greg Sundstrom on Tuesday issued an executive order to implement decriminalization, effective today, in accordance with a set of guidelines that still directs police to pursue criminal charges for some marijuana offenses – including possession of more than 2.5 ounces.”

On May 1st, the Decimation of Pot took effect by possession of 2.5 ounces and results in a ticket citation. Possession of more than 2.5 ounces will result in criminal charges. While the city and the advocates from DecriminalizeGR, a group that advocates for the decriminalization of pot, know that the this new amendment isn’t the end.

Has someone you know been charged with a pot related offense? I highly recommend that if this is the case, that you advise them to contact an experienced criminal defense attorney as soon as possible. Please have them call:

248-348-7400 or 586-530-1000

Where do you stand with the government’s push for more gun control?

Have you found gun control to be one of those hot button topics?

Politics and Religion

I’ve always heard that you never bring up politics and religion at a dinner party. I think it may be time to add opinions on gun control as well. While gun control is political, recently it has become its own hot button topic. You know, the kind of topic that you do not want to bring up in front of your in-laws.

200 People on Both Sides

Last month, Moms Demand Action for Gun Sense organized a rally at the Michigan’s Capital in Lansing. This rally brought out 200 people on both sides of the issue. After the shooting in Connecticut where 20 children and 8 adults died, gun violence has had the focus of not only the White House, but all of America.

Propose Gun Control Restrictions

According to the Detroit Free Press, the goal of adding sense to gun control means

Many who oppose the change wore their firearms openly at the rally. Others who supported the change retold stories of losing someone they loved to guns.

Lansing Mayor Virg Bernero had this to say to the crowd,

More guns in the community have not made us safer, and more guns still will not make us safe. But sensible gun laws will.”

While this may not the best topic to bring up with your next door neighbor, you are more than welcome to discuss it here. Tell us what side you are on and why in the comments below.

Do you know someone who has been charged or convicted of criminal sexual assault?

Are you wondering what the maximum penalty is for criminal sexual assault?

Hello and happy Friday Everyone! This week has been full of beautiful weather here in Detroit, hasn’t it? On Monday, we shared what criminal sexual assault is in the article and on Wednesday, we defined what 1st degree criminal sexual assault. Today, we are sharing about 2nd, 3rd, and 4th degree criminal sexual assault.

When someone you know and love is charged with criminal sexual assault, it can feel overwhelming and unbearable. I want to help and take the weight off a bit by explaining the different degrees of assault. Remember they always say Knowledge is Power.

2nd Degree Criminal Sexual Assault

Let me start with the maximum penalty is 15 years in prison. An article published by the University of Michigan describes this charge as,

“Sexual Contact (intentional touching of intimate parts or clothing covering intimate parts, for the purpose of sexual arousal or gratification) and Any of the circumstances listed for 1st degree CSC”

3rd Degree Criminal Sexual Assault

This degree also has a maximum penalty of 15 years in prison. This charge is when there has been penetration defined by Criminal Sexual Conduct or CSC1 and the victim is either 13, 14, 15 year old, when there is force or coercion used, or lastly the victim is incapacitated.

4th Degree Criminal Sexual Assault

The maximum penalty of the 4th degree of criminal sexual assault is 2 years in prison and/or a fine of $500.00. If someone you know and love has been charged with this degree it means they are being charged with sexual conduct as described by CSC2 and using force or coercion, or the victim was incapacitated, or the assailant is employed by the department of corrections.

Your loved one does not have to face this type of charge alone. An experienced criminal defense attorney may be the difference between being convicted of 4th degree instead of 1st degree or convicted at all. If you have any questions you are more than welcome to contact me.

Want to read Monday’s article? Visit, Have You Been Falsely Accused of Criminal Sexual Assault?

Looking for Wednesday’s article? <strong>How to Understand First Degree Criminal Sexual Assault.

Has someone you know been charged with criminal sexual conduct?

Do you know what it means if you or someone you know has been charged with first degree criminal sexual conduct?

On this beautiful morning in Detroit, Michigan, we are examining what it means to be charged with first degree criminal sexual conduct. On Monday, we review the University of Michigan’s definition of criminal sexual conduct in Have You Been Falsely Accused of Criminal Sexual Conduct?

The charge of criminal sexual conduct is a life alternating one. That is why having a knowledgeable and experienced criminal defense attorney that is on your side is essential. As I’m sure we all remember: Knowledge is Power.

The University of Michigan does a great job breaking down sexual assault in their article Defining Sexual Assault. Today, however, I’m going to add my 2 cents as a criminal defense attorney.

First Degree Criminal Sexual Conduct

The first piece that has to be in place to be charged with First degree is there has to be sexual penetration. If you have questions concerning what that is please review the article by the University of Michigan above.

In addition one of the following situations must also be present.

When charged with first degree criminal sexual conduct, that individual is facing life in prison.

Even with the given explanation, the law can be very confusing. If you have any questions, please call me.

248-348-7400 or 586-530-1000

Has someone you know and love been charged with criminal sexual conduct?

Do you know what to do from here?

Being charged with criminal sexual conduct is one of the hardest charges to face. On this cloudy Monday morning in Detroit, Michigan, I will be sharing what to do when someone you know and love has been charged with criminal sexual conduct.

What is Criminal Sexual Conduct?

This first place to start is to know what you or someone you love is being charged with. The University of Michigan provides a clear definition of criminal sexual conduct by breaking it into two definitions. The first being the SAPAC definition and the second being the State of Michigan definition,

SAPAC Definition:

SAPAC defines sexual assault as any form of unwanted sexual contact obtained without consent and/or obtained through the use of force, threat of force, intimidation, or coercion.

State of Michigan Definition:

There are four degrees of Criminal Sexual Conduct (CSC) under Michigan law and they cover a range of sexual contact and levels of force or intimidation. Survivor resistance is not a factor in assessing CSC and the law is gender neutral. Marital rape has also been illegal in Michigan since 1988.”

Whenever someone has to deal with a criminal charge it can be overwhelming and difficult to face. This is especially true when someone you know and love has been charged with criminal sexual conduct, no matter the degree.

If not handled carefully, this type of charge even if proven innocent, can have lasting effects on the defendant. This is why having a criminal defense attorney that on your side is so important. Contact someone who can believe in you and support you and your family through this difficult time.

Call: The David J. Kramer Law Firm, PLLC today.