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Drunk Driving Enforcement and Prevention Drunk Driving: Resources for Victims and their Families Law enforcement and community crime prevention Stuart Dunnings III Ingham County Prosecutor Ingham County's drivers and pedestrians have a right to be free of the threat of drunkdrivers. Drunk driving kills, and we must work to eradicate this problem. This web siteoffers information for the victims of drunk driving and their families, as well as toolsfor the prevention of drunk driving. There are many laws on the books to penalize drunk drivers: Offenders can and do spendtime in jail, lose their driving priveleges, pay restitution to their victims, and losepossession of their vehicles. In order to prevent today's alcohol abusers from creatingtomorrow's victims, we must have the means to identify and treat substance abusers beforetheir addictions cause death and dismemberment. While there is much that governments can do to prevent drunk driving, and punish thosewho break the law, the responsibility to follow the law falls to each individual. Byworking for the appropriate development of our youth, our community can reduce the crimerate for years to come. Overview of Drunk Driving Legislation (HB 4827, HB 4828, SB 315, SB 314, 1991 P.A. 99, P.A. 98, P.A. 93, P.A. 94) Acknowledgmenets to the Michigan Department of State for providing this information. Swift and Sure Licensing Sanctions: The new law requires courts to adjudicate drunk driving cases within set timelines andto impose a licensing sanction at the time a plea of nolo contendere (no contest) orguilty is accepted, or a verdict of guilty is rendered. This is a requirement for receipt of 408 alcohol incentive funds from the federalgovernment. The Department of State must also conduct implied consent hearings within similartimelines. Thirty-Day suspension for first offense convictions: Requires a minimum mandatory 30-day suspension for even a first conviction of operatingunder the influence of liquor (OUIL), unlawful blood alcohol level (UBAL), or operatingunder the influence of drugs (OUID). An average 30-day suspension is also a requirement for receipt of 408 alcohol incentivefunds from the federal government. Minimum sanctions for second offense convictions: Requires 48 hours of consecutive jail or 10 days of community service for a secondconviction. This is a requirement for receipt of 408 alcohol incentive funds from the federalgovernment. Failure to appear in court and comply with judgment for drunk driving convictions: Currently courts must wait 28 days before issuing notice of failure to appear in courton a drunk driving charge. This time period is eliminated to ensure swifter completion ofthese cases. Courts may order license suspensions for persons who fail to comply with a judgment fordrunk driving offenses. OUIL and death felony: Creates a new 15-year felony requiring limited proofs for a conviction for persons whoare driving under the influence of liquor and/or drugs or have a blood-alcohol content of.10% by weight, and cause the death of another. Long-term incapacitating injury and OUIL felony: Creates a new five-year felony for persons who are operating under the influence ofliquor and/or drugs or have a blood-alcohol content of .10% by weight, and cause the deathof another. Refusal to provide preliminary breath test: A suspect who refuses to provide a preliminary breath test to a police officer willhave his driver's license destroyed at the scene, suspended immediately, and will have sixpoints added to his or her driving record. Zero tolerance for underage drinkers: Suspects who are under the age of 21 may be tested for alcohol without a searchwarrant. Drivers under 21 who test at .02 or above will be charged with drunk driving;non-drivers who test at .02 or above will be charged with being a minor in possession ofalcohol (Exceptions are provided for recognized religous ceremonies). Vehicle Seizure: Drunk drivers may have their vehicles seized upon conviction. When a vehicle is seized,it may be sold by a local law enforcement agency. The proceeds of this sale will; 1. Cover any outstanding finance payments, 2. Pay restitution to a victim or his or her family, 3. Compensate local and state law enforcement and victims' rights services. Consistent licensing sanctions: Requires courts and the Department of State to impose licensing sanctions based uponthe driving record. This will take into account an offender's prior convictions. Eliminates hardship appeals for habitual alcohol offenders: Abolishes hardship or equity license appeals to circuit court for habitual alcoholoffenders. Eliminates hardship ex parte licenses: Courts may no longer order temporary driving priveleges based upon hardship for personswaiting to appear in circuit court on a restoration appeal. Statute of limitations for filing restoration appeal: Sets an appeal deadline of 63 days, with a 182 day exception for good cause. Officers' appeal of implied consent decision: Law enforcement officers may appeal in an implied consent decision not to suspend anoffender's license. Open intoxicants on an offender's driving record: Liquor law provisions have been moved to the vehicle code, with, among other penalties,an addition of two points to an offender's driving record. Admissibility of chemical test refusal: Allows juries to be informed of a refusal of a chemical test. Driving while license suspended sanctions increased: Increases the fine for a conviction of driving while a license is suspended or revoked;from $100 to $500 for a first offense and from $500 to $1,000 for a subsequent offense. Attempted drunk driving: Provides that persons convicted of an attempt to commit a drunk driving offense shallreceive licensing sanctions and punishment as if the attempt had been completed. Audit reporting requirements: An annual audit of jail, fine and community service served in lieu of jail sanctionswill be compiled by the courts for inclusion in the drunk driving audit report. If youwould like to order a copy of the audit, call the Secretary of State's office at (517)373-2510. Drunk driving in trailer parks and parking lots: The term 'generally accessible to motor vehicles' will be added to the definition ofareas in which drunk driving is enforcable. The purpose of this is to include trailerparks, parking lots and other areas which are generally accessible to motor vehicles, butare not public roads. Funding: The driver license reinstatement fee is now set at $125. The purpose of this fee is tofund the program, as well as to purchase and maintain new infrared breathalyzer testinginstruments. Information for victims of drunk driving: Our Victim/Witness Unit is here to help you as your case moves through the criminaljustice system. Call our office if you have questions about your case, victim rights, orrestitution. In addition, you may call if you would like someone to go to court with you. Ingham County Prosecutor Victim/Witness Unit Trixie Brown, Victim-WitnessCoordinator: 483-6254 Martha Mitchell, Felony Crimes:483-6257 Sally Despins, Felony Crimes:483-6257 Carey Keller, Felony Crimes:483-6258 Angela Olson, Misdemeanor Crimes:483-6256 Maria Valayil, Domestic ViolenceCrimes: 483-6259 Elizabeth Savage, Juvenile Crimes:483-6258 OUR BASIC SERVICES: Orientation to the criminal justice system: Explaining subpoenas and courtprocedures; giving specific information about individual cases. Court support services: Escorting witnesses to court; notifying witnesses ofchanges in court appearances. Case status and disposition : Informing witnesses of the ongoing status of acase, as well as its final results. Employment intervention : Assisting in solving difficulties with employers. Referrals: Directing victims to community resources and organizations when theyrequire further assistance. Crime Victim Services Commission (CVSC): Helping qualified victims apply forfinancial assistance from the Michigan Crime Victims Compensation Fund. This fund isestablished under our state's constitution, and allows certain victims to gain restitutionpayments. Information on receiving restitution payments. Assistance in the return of your personal property. Please notify the Victim/Witness Unit of any change of address or phone number. CRIME VICTIMS' RIGHTS You have these rights under the Michigan Constitution. This is your chance for help tobalance the scales of justice Right concerning immediate needs: You will be notified within 24 hours: By the police agency regarding emergency and medical services. About victims' compensation benefits and the address of the Victims' CompensationBoard. Of the eligibility requirements for compensation, as well as the receipt of funds ifeligible. Of the telephone number of the police agency to call to determine if the defendant hasbeen released from custody. Of court procedures. Of the procedures to follow if you are threatened or intimidated by the defendant. Rights during prosecution: To be present during the entire trial, unless you are scheduled to testify. To be free of threats and acts of discharge by your employer because you are asubpoenaed witness. To be free of threats and acts of discharge by your employer because you are asubpoenaed witness. To be provided with a waiting area, separate from the defendant, their families andwitnesses, if possible. To consult with a prosecuting attorney to give your views about the disposition of yourcase. To receive the name of the person to contact within the Prosecutor's Office forinformation on your case. Rights during prosecution provided only upon your request: To receive notice of any scheduled court proceedings and changes of schedule. To confer with the prosecuting attorney prior to jury selection and trial. To receive notice of the defendant's escape if he or she is awaiting trial. To receive written notice of conviction. To receive notice of address and phone number or the probation department which ispreparing the presentence report. To have your Impact Statement included in the presentence report. To make an oral impact statement to the pre-sentence investigator and court at the timeof sentencing. To be notified of the time and place of sentencing. Post-sentence rights provided only upon your written request: To take advantage of these post-sentence rights, you must inform the Sheriff (ifdefendant was jailed) or the Department of Corrections (if the defendant was sent toprison) that you want to be notified. It is your responsibility to keep them informed ofyour current address. To be notified of the location where the defendant is to be confined. To receive within 30 days of your request a notice of your request, as well as a noticeof the defendant's earliest possible release date. To be notified of release, or pending release, of the defendant to a communityresidential program, extended furlough or transfer to community status. To be promptly notified of a defendant's escape. To submit a written statement to the parole board or member of the panel havingauthority over defendant's release on parole. To be notified 90 days prior to defendant's release, if practical. To be notified of hearing on reprieve, commutation or pardon of sentence. YOUR OBLIGATIONS AND RESPONSIBILITIES TO OUR COMMUNITY AS A VICTIM OFA CRIME - Report the crime immediately - Cooperate fully with law enforcement officials - Cooperate fully with the Prosecutor's Office - Testify honestly and immediately - Immediately notify the Victim-Witness Unit in the event of a change ofaddress or telephone number. THE CRIMINAL JUSTICE SYSTEM As the victim of a crime, your help is very important to our system ofcriminal justice. When victims report a crime and testify, they help to make our communitya safer place to live. The following information will explain, step by step, what mayhappen in your case: 1. At the scene of an accident, the drunk driver is arrested. Potentialwitnesses and victims are identified. 2. A victim information packet is sent. Crime Victim Compensationservices are arranged. 3. A district court preliminary examination is held (Victims andwitnesses may testify). A victim advocate is available upon request. 4. If the defendant is bound over to Circuit Court, an arraignment andpre-trial are held prior to the trial date. 5. A courtroom trial is held (the victim or witness will testify). Avictim advocate is available upon request. 6. Defendant is found guilty or not guilty. 7. The defendant is sentenced or released based upon the verdict. DEFINITION OF LEGAL TERMS Adjournment: A delay in the processing of a case at the requestof the defendant, the People or the Court. Arraignment: A court hearing where the defendant is informed ofthe charges against him or her and the bail is set by the Judge. Bail/Bond: The amount of financial security which the defendanthas to post with the court to insure his or her appearance at later proceedings. Bindover: A finding at preliminary examination that sufficientevidence exists to require a trial at the Circuit Court level on the charges made againstthe defendant. Circuit Court: The highest trial court in Michigan. All felonytrials are held in this court. Crime: An act in violation of state criminal law. In Michigan, acriminal act can be a misdemeanor or a felony. Defendant: A person who is charged with a crime. Deliberate: As applies to a jury, the weighing of evidence attrial's end, for the purpose of determining a defendant's guilt or innocence. Dismissal: The dropping of a case by decision of the court. District Court : Jurisdiction of all misdemeanors for whichpunishment does not exceed one year, as well as the arraignment, setting and acceptance ofbail and conducting preliminary examinations in felony cases. Felony : A crime punishable by one year or more in state prison. Jury: A group of men and women sworn at each trial to considerthe evidence presented and deliver a verdict or decision in that proceeding. Misdemeanor: Less serious offenses, punishable by a fine or up toone year in the county jail. Motion: A hearing held before the court requesting a certainruling or decision on various issues related to a case. Parole: Conditional release of a defendant from prison by paroleboard prior to completion of the sentence. Perjury: A deliberate lie or untruth made under oath, which is afelony. Preliminary Examination : A hearing in a felony case before aDistrict Judge who decides whether there is enough evidence to believe that a crime hasbeen committed, in order that the case can be bound over to Circuit Court for trial. Pre-Sentence Investigative Report: An investigation done by theprobation department regarding the victim's feelings on sentencing, as well as relevantinformation about the defendant. The written report is designed to act as a sentencingguide for the judge. Restitution: An amount of money determined by the court to bepaid to the victim of a crime for property loss or injuries caused by the defendant'scriminal act. Subpoena: A court order directing you to be present at the timeand place stated. Victim: An individual who suffers direct physical, financialand/or emotional harm, or is threatened as a result of the commission of a crime. TESTIFYING Being a witness will take some time. Bringing a defendant to trial isoften a lengthy process. Cooperation and involvement in the criminal justice system is thefirst step to successful prosecution. Suggestions: - The most important thing is to tell the truth. - Speak clearly and loudly enough so that all can hear. - Be serious in your approach. - Be courteous in your response. - Do not lose your temper. - Do not argue on cross-examination. - Don't try to memorize your testimony. - Dress properly and have a neat appearance. - Listen carefully to the questions that are asked and give thoughtful,considered answers. - Answer directly and simply. - Don't give your opinions or feeling unless you are asked. - Stop instantly when a judge interrupts or an attorney objects to aquestion. HELPFUL PHONE NUMBERS Ingham County Prosecutor's Victim-Witness Program (517) 483-6254 Ingham County Sheriff's Department (517) 676-2431 Lansing Police Department (517) 483-4600 Mothers Against Drunk Driving (517) 394-6477 Lawyer Referral Service (517) 482-8816 Legal Aid (517) 485-5411 Crime Victim Services Commission (517) 373-7373 National Council on Alcoholism: Lansing Chapter (517) 887-0226 Alcoholics Anonymous 321-8781 Al-Anon (for family and loved ones): 484-1977 Community Mental Health (CMH) of Ingham, Eaton and Clinton Counties: 887-2126 CMH: Older Adult Substance Abuse Prevention and Treatment 372-8460 Listening Ear (517) 337-1717 Return to Prosecutor's Main Page. Return toIngham County Home Page Return to Ingham County Services
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Driving Under Influence61-8-401. Driving under influence of alcohol or drugs -- definitions. 61-8-401. Driving under influence of alcohol or drugs -- definitions. (1) It is unlawful and punishable, as provided in 61-8-442 , 61-8-714 , and 61-8-731 through 61-8-734 , for a person who is under the influence of: (a) alcohol to drive or be in actual physical control of a vehicle upon the ways of this state open to the public; (b) a dangerous drug to drive or be in actual physical control of a vehicle within this state; (c) any other drug to drive or be in actual physical control of a vehicle within this state; or (d) alcohol and any dangerous or other drug to drive or be in actual physical control of a vehicle within this state. (2) The fact that any person charged with a violation of subsection (1) is or has been entitled to use alcohol or a drug under the laws of this state does not constitute a defense against any charge of violating subsection (1). (3) (a) "Under the influence" means that as a result of taking into the body alcohol, drugs, or any combination of alcohol and drugs, a person's ability to safely operate a vehicle has been diminished. (b) Subject to 61-8-440 , as used in this part, "vehicle" has the meaning provided in 61-1-101 , except that the term does not include a bicycle. (4) Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person driving or in actual physical control of a vehicle while under the influence of alcohol, the concentration of alcohol in the person at the time of a test, as shown by analysis of a sample of the person's blood or breath drawn or taken within a reasonable time after the alleged act, gives rise to the following inferences: (a) If there was at that time an alcohol concentration of 0.04 or less, it may be inferred that the person was not under the influence of alcohol. (b) If there was at that time an alcohol concentration in excess of 0.04 but less than 0.08, that fact may not give rise to any inference that the person was or was not under the influence of alcohol, but the fact may be considered with other competent evidence in determining the guilt or innocence of the person. (c) If there was at that time an alcohol concentration of 0.08 or more, it may be inferred that the person was under the influence of alcohol. The inference is rebuttable. (5) The provisions of subsection (4) do not limit the introduction of any other competent evidence bearing upon the issue of whether the person was under the influence of alcohol, drugs, or a combination of alcohol and drugs. (6) Each municipality in this state is given authority to enact 61-8-406 , 61-8-408 , 61-8-410 , 61-8-714 , 61-8-722 , 61-8-731 through 61-8-734 , and subsections (1) through (5) of this section, with the word "state" in 61-8-406 and subsection (1) of this section changed to read "municipality", as an ordinance and is given jurisdiction of the enforcement of the ordinance and of the imposition of the fines and penalties provided in the ordinance. (7) Absolute liability as provided in 45-2-104 will be imposed for a violation of this section. History: En. Sec. 39, Ch. 263, L. 1955; amd. Sec. 1, Ch. 194, L. 1957; amd. Sec. 3, Ch. 201, L. 1957; amd. Sec. 1, Ch. 109, L. 1961; amd. Sec. 1, Ch. 132, L. 1971; amd. Sec. 1, Ch. 289, L. 1977; amd. Sec. 1, Ch. 430, L. 1977; R.C.M. 1947, 32-2142(part); amd. Sec. 69, Ch. 421, L. 1979; amd. Sec. 2, Ch. 659, L. 1983; amd. Sec. 5, Ch. 698, L. 1983; amd. Sec. 2, Ch. 99, L. 1985; amd. Sec. 2, Ch. 350, L. 1987; amd. Sec. 3, Ch. 484, L. 1987; amd. Sec. 1, Ch. 612, L. 1987; amd. Sec. 1, Ch. 789, L. 1991; amd. Sec. 2, Ch. 88, L. 1997; amd. Sec. 6, Ch. 107, L. 1997; amd. Sec. 4, Ch. 512, L. 1997; amd. Sec. 2, Ch. 525, L. 1997; amd. Sec. 4, Ch. 563, L. 2001; amd. Sec. 3, Ch. 329, L. 2003; amd. Sec. 207, Ch. 542, L. 2005.
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