DUI Indicators- According to the Police

The National Highway Traffic Administration has conducted research to help determine what police officers look for to identify drunk drivers. Contrary to what you might think, speeding is not a clue of insobriety. This is because studies show that a person who speeds often exhibits signs of heightened awareness in the form of quicker judgment and reflexes.

Drunk Driving Indicators

The higher the clue is on the list, the higher the probability of impairment. This information certainly isn’t to help you avoid getting caught, but to help you realize they are looking for any indication you are driving impaired and it’s incredibly difficult to game the system.

  1. Turning with a wide radius
  2. Straddling center of lane marker
  3. “Appearing to be drunk”
  4. Almost striking object or vehicle
  5. Weaving
  6. Driving on other than designated highway
  7. Swerving
  8. Speed more than 10 mph below limit
  9. Stopping without reason in traffic lane
  10. Following too closely
  11. Drifting
  12. Tires on center or lane marker
  13. Braking erratically
  14. Driving into opposing or crossing traffic
  15. Signaling inconsistent with driving actions
  16. Slow response to traffic signals
  17. Stopping inappropriately
  18. Turning abruptly or illegally
  19. Accelerating or decelerating rapidly
  20. Driving with headlights off

Marcus D. Wilcox

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Attorney at Law, esq.

DISCLAIMER: The information contained on this website is meant to be general, informative and educational. It should not be taken as specific legal advice to any particular problem or issue. Please consult an attorney personally to discuss your particular circumstances.

2013
09/17
CATEGORY
Driving Violation
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Is it legal to drink and operate a boat?

It’s hard to believe summer is winding down to a close already as we approach the Labor Day weekend. For many, this will be their last opportunity to squeeze in some boat time on the water. If a weekend of boating is on your agenda and you plan to have a few brews out there, here are a few things you might want to know first.

Michigan law does not prohibit drinking on the water.Boating_and_Drinking

However contrary to popular belief, it is illegal to operate a boat under the influence. Having a BAC (blood alcohol-content) of .10 or more constitutes being under the influence. Coast Guard officials will often stop a boat for safety checks if they see the operator drinking.

Even if you refuse a breath test, you can still be detained and be taken back to shore. Michigan law says that by operating a vessel on Michigan waters, you have consented to be tested

But unlike operating or being in an automobile, it is legal to have open containers on the water.

It’s also wise to keep in mind the effect the elements will have on you when you are drinking on the water. For instance, three beers may have a stronger effect on you while you are sitting out in the sun all day compared to consuming the same amount indoors.

I hope this helps you have a safe and fun Labor Day!

Marcus D. Wilcox

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Attorney at Law, esq.

DISCLAIMER: The information contained on this website is meant to be general, informative and educational. It should not be taken as specific legal advice to any particular problem or issue. Please consult an attorney personally to discuss your particular circumstances.

2013
08/28
CATEGORY
Criminal
Driving Violation
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Livingston County Substance Abuse Resources

If you are dealing with substance abuse, I would urge you to seek help from one of the many resources available to you in the Livingston County area. There are Substance Abuse many fantastic people and organizations out there that want to help and your chances of succeeding with help are far greater than alone.

Here is a list of some of the resources available to you for drug or alcohol related issues. In-patient treatment facilities are also available, but are more expensive. In some cases, funding may be available to you to enter one of these programs especially if a Judge is involved and has recommended a specific program.

Al-Anon

http://www.district15alanon.org/

Phone: 517-546-9350

Complete Counseling Center

http://www.mhweb.org/michigan/complete.htm

Phone: 517-546-4445

The Naz

http://www.thenaz.org/ministries/adults/celebrate-recovery

Phone: 810-227-6600

Livingston County Council on Alcohol and Substance Abuse

casaoflc.org

Phone: 585-243-9210

Community of Mental Health Services

http://www.cmhliv.org/

Emergency Services Phone: (517) 546-4126

Non-Emergency Toll Free Phone: (800) 615-1245

Remember to be kind to yourself and that there are people out there who want to help and know what you are going through.

Marcus D. Wilcox

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Attorney at Law, esq.

DISCLAIMER: The information contained on this website is meant to be general, informative and educational. It should not be taken as specific legal advice to any particular problem or issue. Please consult an attorney personally to discuss your particular circumstances.

2013
07/24
CATEGORY
Criminal
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What should I expect from my first alcohol driving offense?

Unfortunately the number of drunk driving related arrests and accidents increases as the weather warms up.

Here is a bit of what you can expect if you find yourself being arrested for a first time offense. drunk_driving_wilcox_law

In general, you should expect to serve probation for 6 -18 months and pay $1,000 in fines. You may also be required to attend alcohol counseling sessions.

In Livingston County, serving jail time for a first offense is not typical, but this is not guaranteed. Factors to determine potential jail time are your BAC (blood-alcohol level), if an accident took place and if you have a prior criminal record.

You will also need to complete a drug or alcohol assessment.

Marcus D. Wilcox

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Attorney at Law, esq.

DISCLAIMER: The information contained on this website is meant to be general, informative and educational. It should not be taken as specific legal advice to any particular problem or issue. Please consult an attorney personally to discuss your particular circumstances.

2013
06/22
CATEGORY
Driving Violation
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Why isn’t everybody charged when an incident occurs?

This is a common question that many defendants ask when they are charged with a crime and others are involved, but not charged at the time.  The prosecutors office and/or the State of Michigan are the only entities that can charge somebody with a criminal offense and they get to use their discretion.  Sometimes they don’t charge all the parties because they want to target one specific crime or person.  This isn’t always fair and it upsets the parties but it can be done.  Sometimes the prosecutor will not charge someone with a crime because they want to use them as a witness in either the same incident or another case.  This helps their witnesses’ credibility if the case goes to trial.  It unfortunately is not always fair, but it can and is done on occasion by the issuing agencies.

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Attorney at Law, esq.

2013
04/30
CATEGORY
Criminal
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Summer Drunk Driving Statistics

As the summer approaches, more and more people will take advantage of the summer holidays and travel to visit friends and family. Unfortunately, summer is also one of the deadliest times to be on the road.

The U.S. Department of Transportation cites the holidays of Labor Day, Independence Day and Memorial Day as some of the most dangerous times to be driving. They trail only Thanksgiving in terms of the number of accidents and deaths on the road. Since 1982, each of these summer holidays has averaged over 500 traffic fatalities. The number of alcohol related deaths during this same time period has nearly doubled.Drunk Driving Wilcox Law

Overall Decline in the Number of Fatalities

Since 1982, the overall number of alcohol-related driving fatalities in the United States has decreased precipitously from over 26,000 per year to around 13,000. In 1982, 60 percent of all traffic fatalities were caused by drivers with a blood alcohol content over .08%, the current legal limit. In 2008, that number had dropped to just 37 percent. Since 2002, all 50 states have had laws in place making it illegal to drive with a blood alcohol content that is 0.08 percent or higher.

Despite this decline, law enforcement continues to make DUI enforcement one of its top priorities. During busy holiday weekends, police increase the number of patrols and DUI checkpoints. If you spot a suspected drunk driver on the road, it is recommended that you call the nearest state patrol or law enforcement agency with as much information about the vehicle and your location as possible.
Marcus D. Wilcox

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Attorney at Law, esq.

2013
04/18
CATEGORY
Criminal
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Walk a Mile In Her Shoes- April 20th

Whether you realize it or not, sexual assault and abuse is a very real problem in Livingston County.

Come out on Saturday, April 20th for LACASA’s Walk a Mile In Her Shoes event which will raise funds and awareness about sexual assault and gender violence.

LACASA protects, advocates for and empowers victims and survivors of child abuse, domestic violence and sexual assault. It assists hundreds of innocent victims and their families each year as they learn to cope with—and courageously heal from—trauma and heartache.

LACASA’s Walk a Mile in Her Shoes® event is held every April during National Sexual Assault Awareness Month.

Walkers secure pledge donations from family, friends and coworkers to make the mile-long walk in women’s shoes — from high-heeled boots and fashionable pumps to fuzzy slippers and anything in between.

So come out this spring to support your local community.

Marcus D. Wilcox

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Attorney at Law, esq.

2013
04/08
CATEGORY
Criminal
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Warmer months bring on more drunk driving incidents

Here in Michigan I know everyone is excited to see warmer weather, myself included. Unfortunately the spring and summer months also tend to bring an increased number of drunk driving incidents. Memorial Day is the official start of summer.

According to the National Highway Traffic Safety Administration (NHTSA), 397 people died over the three-day weekend in 2010, the latest year for which data is available. Of those crashes, 40 percent were alcohol-related.

The NIAAA pamphlet, “Rethinking Holiday Drinking,” recommends that people who do decide to drink should not have more than one drink per hour.

So as you start to enjoy the coming warmer months, remember to be safe and smart about how you decide to ring in the summer.

Marcus D. Wilcox

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Attorney at Law, esq.

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2013
04/01
CATEGORY
Driving Violation
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LACASA hosts annual Pinwheels for Prevention for Child Abuse Prevention Month- 4/1/13

LACASA’s CAP (Child Abuse Prevention) Council will host its annual “Pinwheels for Prevention” event Monday, April 1, to launch Child Abuse Prevention Month in Livingston County.

http://www.lacasacenter.org/help-plant-a-pinwheel-garden-april-1/

LACASA protects, advocates for and empowers victims and survivors of child abuse, domestic violence and sexual assault. This has been the mission of this nonprofit for more than 30 years. It assists hundreds of innocent victims and their families each year as they learn to cope with—and courageously heal from—trauma and heartache.

Members of the community are invited to help plant a pinwheel garden during a special ceremony that will take place at 12 noon on the front lawn of the Howell Carnegie Library, located at 314 W. Grand River Ave., in downtown Howell.

The “Pinwheels for Prevention” event will feature performances by the Voices of Voyager Choir from Voyager Elementary School in Howell, as well as readings by Girl Scouts from two local troops.

Ceremony speakers will include Miriam Cavanaugh, Livingston County Probate & Family Court judge; Pamela Maas, chief assistant prosecuting attorney from the Livingston County Prosecutor’s Office; Bobette Schrandt, LACASA president and CEO; and Holly Ward-Lamb, youth services director of the Howell Carnegie Library.

So come out and support this important event in your local community. Wilcox_Law_criminal_juvenile_LACASA

Marcus D. Wilcox

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Attorney at Law, esq.

2013
03/27
CATEGORY
Child Custody
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What is an Early Intervention Conference (EIC)?

Typically when someone files for divorce, it can take months for the formal order to be decided that will outline what the parties can do before the divorce is finalized. In Livingston County, there is a program where an attorney will act as a facilitator to assist the parties in their divorce prior to the formal order being determined, called the Early Intervention Conference (EIC).

This EIC is set up so the attorney can set up interim orders that outline the party’s rights and duties to each other until the divorce is final.

The EIC will help establish some sense of normalcy and get the parties to agree on certain issues during the pending divorce case.

Most divorces take 6 months to a year to complete making the EIC necessary in many situations.

As always, don’t hesitate to contact me if you have any questions or to set up a free consultation.

Marcus D. Wilcox

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

2012
08/12
CATEGORY
Divorce
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