Category Archives: Kristen Guralczyk

Talking While Driving: The Law

In Michigan, it is legal for a person to talk on their cell phones while driving. However, just because it is legal, it doesn’t mean there isn’t potential for you to get in trouble. If a driver becomes distracted while talking on their cell phone and accidentally swerves in and out of their lane or seems to be distracted, the police may pull them over for numerous infractions, including but not limited to: careless driving or something like improper lane use.

 Remember texting and driving is illegal. Read our articles about the texting law here  

If you have received a traffic infraction contact Daniel Ambrose at (248) 624-5500

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Filed under Kristen Guralczyk, Traffic Citations/Laws

Children On Motorcycles

You often hear about ages for children to ride in the front seat, or to be out of a car seat or booster seat while driving in a vehicle but what about when riding on a motorcycle? Believe it or not, there is no minimum age for a child to be able to ride as a passenger on a motorcycle. There is however, an exception that is based on size rather than age.

 

According to Michigan’s Vehicle Code MCL 257.658a, “A passenger shall not ride on a motorcycle unless his or her feet can rest on the assigned foot rests or pegs except… due to permanent physical disability.” So, it’s kind of like riding a roller coaster at a theme park; as long as you’re tall enough, you can ride. This seems a little strange since you could have an extremely tall 7 year old or an extremely short 15 year old and the 7 year old can ride but the 15 year old can’t. That is why when it comes to seat belt restraints the state enacted not only a size requirement but an age one as well. It seems that would make more sense.

 

Kristen@ambroselawgroup.com

If you have questions about the law in Michigan contact Ambrose Law Group at (248) 624-5500
Ambrose Law Group

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Filed under Kristen Guralczyk, Traffic Citations/Laws

MIchigan Seat Belt And Child Restraint Laws

With The Woodward Dream Cruise only a short while away, many older cars that were built without seatbelts will be appearing. Lots of families will be out cruising not just for the cruise but in the nice summer weather in general. What happens if you are driving in or have a child riding in a car that is not equipped with a seat belt?

 

As long as that car was manufactured BEFORE January 1, 1965 you are allowed to drive and child restraint requirements do not apply under federal law or regulation. However, if the car was manufactured AFTER January 1, 1965, the vehicle must be equipped with safety belts for the driver and one other front seat passenger and all child safety seat belt laws apply. (MCL 257.710d).

 

In regards to children in safety seats, the law states that any rear seated passengers that are between the ages of 4 and 15 must wear a properly fastened safety belt. Also, children up to the age of 4 must be properly restrained in a child safety seat no matter where they are seated in a vehicle. A child that is under the age of four must be placed in the rear seat of the vehicle UNLESS all seats are currently occupied by children that are 4 years old our younger. In that case the child maybe put in the front seat in a proper child restraint system. If the child restraint system is a rear-facing system, it may only be placed in the front seat IF the front passenger air bag is deactivated.

 

An exception to all and any seat belt rules under 257.710e(e) is that a person may be exempt from wearing a safety belt, or a driver is not liable, if they possess written verification from a physician that the operator or passenger is unable to wear the belt due to medical or physical reasons. 

Kristen@ambroselawgroup.com

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Filed under Kristen Guralczyk, Traffic Citations/Laws

Our Voice: What happened to Megan Roberts

Update: August 4, 2011 Robert Kelly’s attorney claims mental illness was the reason for beating. Read more here

Update: Robert Brian Kelly was charged with first degree murder today, July 29 2011,  in 52-3 district court. Read more here

Update: Megan Roberts, 20, died Wednesday morning, July 27, according to her family. She had been in a coma since May 9, when her father, Robert Brian Kelly, is accused of entering her bedroom and beating her in the face and head. Read an article from The Oakland Press here

When you go to bed at night, you expect to have a peaceful night sleep. For the most part, a night with no interruptions and no visitors. On May 9th, that was not the case for 20 year old Oxford Resident, Megan Roberts who was sleeping when her father, Robert Kelly, came in and beat her with an aluminum bat. According to the police, the beating was so horrific that her face was unrecognizable.

To most friends and family, they had a perfect relationship and most said that they would never expect anything like this to happen. However, neighbors stated that they would frequently hear the two argue and that an argument happened the night before the alleged beating.

While getting arraigned in court last Wednesday, her father showed absolutely no remorse for what he had done. Actually, after he beat her he walked into the police station, turned himself in and told them where to find her body. At almost the same time her mother was calling the police for help, after finding her daughter beaten and bloody. Kelly is refusing to talk to any investigators by using his Fifth Amendment rights to remain silent; However, according to his attorney, Kelly allegedly stated that he had blacked out at the time and has no recollection of the alleged beating stating that when he came to, he saw what he had done and immediately went to the police station to turn himself in. His attorney is pressing for him to be examined by a forensic counselor and to be using an insanity plea because he is very suspicious of mental health issues. He is currently being held on a $2,000,000 bond without an option to post 10%, and is being charged with Felony Assault with intent to murder.

As of recent, Megan is in the hospital in a medically induced coma and on life support. Her condition is noted as critical, but stable.

I do not know Megan personally, but many of my friends do. It is so sad to see things like this happen, especially to someone who was so small and unable to defend herself. When she went to sleep that night she intended to wake up the next day, go to work or school or whatever she had planned but instead ended up in the hospital in a coma. Your father is suppose to be the one man a girl can trust, to help her, protect her. But in this case, he was the one who hurt her the most and could have possibly ended her life. He took her at her weakest and most vulnerable moment and beat her beyond recognition. She didn’t even have a chance to fight back because she was sleeping. I pray that Megan continues to get better and defies all odds to prove to her father and the world that she is stronger then what he gave her credit for.

Update: You can leave your thoughts and prayers on her facebook page 

Kristen@ambroselawgroup.com

Feel free to leave your thoughts and comments on this story

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Michigan House Bill #4493

Turning 16 and getting a driver’s license is probably one of the most exciting times of an adolescent’s life, especially if they are one of the first of friends.  Teens can’t wait to drive everywhere, take roads trips, or even just drive to school.

Just weeks before Granholm left office she put into effect a new law that limits that freedom that young drivers are so excited to get. The House Bill #4493 was introduced in 2009 and now restricts nighttime drivers and the number of passengers that are allowed to be with in the car while a teen has a learner’s driver license.

You are now only allowed to have one passenger under 21 at a time in the car, unless the passengers are family members or you are driving to or from a school related function. The laws also states you are no longer allowed to drive between the hours of 10 p.m. and 5 a.m. unless accompanied by a guardian or a guardian-designated driver that is over the age of 21.

I’m sure most teenagers will find these laws extremely unfair and not necessary but the facts don’t lie. Here is some information about young drivers:

  • Nationally, two out of every 5 deaths among U.S. teens age 16-19 are the result of a motor vehicle crash. In fact, four of every five accidental deaths for young people ages 15-24 were due to motor vehicle crashes.
  • As a new driver, you’re more likely to crash when you have other teens in your car with you. And for each teen passenger, your odds of a crash increase.
  • If you’re a female teenager who drinks and drives, you’re 54 times more likely to be killed in a car accident than if you’re sober. If you’re male, you’re 18 times more likely to have a fatal accident.

http://www.dmv.org/mi-michigan/teen-drivers.php

Even though this law may seem unfair it may end up saving a life. So maybe some of these restrictions are safe after all. With all the different things we now have to distract us from our driving, a little extra safety precautions may be just what we need!

Kristen@ambroselawgroup.com

If you need representation for a traffic citation call Ambrose Law Group at (248) 624-5500

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Filed under Kristen Guralczyk, Traffic Citations/Laws

The Michigan “Lemon Law”

Most people have heard of the “lemon law”.  This law applies to cars that are constantly breaking, sometimes for no apparent reason and sometimes fresh from the dealership. In Michigan you are protected from this. Michigan has a lemon law that is 20 years old and protects you from being stuck, as a consumer with a defective or ‘lemon’ whether you have purchased or leased it.

In Michigan, a ‘defective’ vehicle is one that has been out of service for more than 30 days for repair, or that has been repeatedly in the shop for the same repair and was unsuccessfully four or more times. It also doesn’t have to be a mechanical issue, under Michigan law something as simple as a paint problem can be claimed under this law. In order for the lemon law to apply though, you must report your defect within the first year. It also doesn’t matter if you aren’t the first owner as long as it is under warranty!

It is very important to document EVERYTHING that has gone wrong and what you have fixed. Also, make sure to report the problem, in writing not to the dealer or wherever you purchased the vehicle, but to the manufacturer. If you are successful and it is determined that you really do have a ‘lemon’ you could be entitled to a refund or a new vehicle. But it is important to document every call, paper, repair or anything that has occurred with your vehicle to insure your best case in court!

If you have questions about the vehicle you purchased contact Ambrose Law Group at (248) 624-5500

Kristen@ambroselawgroup.com

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Filed under Business Laws, Kristen Guralczyk

Pulled over for driving the speed limit?

With the snow and sleet coming, everyone is dreading the horrible Michigan roads. Everyone screams at those who are going too slowly, and also at those who are going too fast. Obviously going above the speed limit can be dangerous depending on the road conditions, however, depending on how bad the road is, it can be negligent to go the actual speed limit and it is possible to get ticketed depending on your jurisdiction. As a driver you have a duty to those who are on the road with you and that means adjusting to the road conditions that you are in. So if the roads are bad, you are suppose to slow down. If it’s nice and sunny, the speed limit is fine. It is all a judgment call on the road conditions. So whether it’s snowing, raining, or sunny, pay attention to those around you and drive safe!

 

Kristen@ambroselawgroup.com

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Filed under Kristen Guralczyk, Traffic Citations/Laws

Our Voice: The Working Law Student

When I tell most people that I am in law school I get the “Wow” response. Then when I tell them that I am working at a law firm too and I get the “Are you crazy?” response. When I first started, I was thinking the same thing. However, the more and more I do both, I realize that it is manageable.

Law School is hard. There is no way around it besides saying just that, it is HARD! If you think you can do what you did in undergrad and just skate by, you are crazy because there is no way. However, it is manageable and you just have to organize yourself and your time and realize that “thirsty Thursday’s” are over. It is not forever, and if you truly want this and want to become a lawyer, it is something you have to do, and really it’s not that bad. Also, if you can get a job in the same field as what you are trying to do, it is a tremendous help. It gives you first hand, an idea of what you are going to be spending the rest of your life doing. In a way, it makes school easier, because you are putting to practice what you are learning and so much more.

I have learned so much by working at Ambrose. I feel more prepared in class and I’m putting to practice what I’m learning about everyday in school.

Working and going to school is not for everyone. Sometimes it feels impossible to do both and you have decide if it’s worth staying in school a little bit longer to get that experience. Also, by working, you can pay off some of the large bills that you’ll start piling up.

In the end working and law school is a struggle (Especially with Exams right now!) , but worth the experience.

 

Kristen@ambroselawgroup.com


 

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Filed under Kristen Guralczyk, Our Voice - Op/Ed, The Working Law Student

The Consequences of Shoplifting

If you get caught shoplifting you can be charged with a misdemeanor or a more seriously felony depending on the cost of the items you stole.   In some situations, if it is a small amount and your first offense the judge could go easier on you, however, the more offenses and the more pricey the items, the more serious the consequences.

In Michigan, the following are the general guidelines for your penalties:

1. Items or money worth less than $200.00: Misdemeanor charges-up to 93 days in jail and fines of up to $500 or 3 times the value of the stolen property (whichever is more).

2. Items or money worth more than $200.00 but less than $1,000.00.: Misdemeanor charges- Up to 1 year in jail and fines of up to $2,000 or 3 times the value of the stolen property, whichever is more.

3. Items or money worth more than $1,000 and less than $20,000: Felony charges: up to 5 years in prison and fines of not more than $10,000 or 3 times the value of the stolen property, whichever is more.

4. Items or money worth more than $20,000: Felony Charges: Up to 10 years in prison or fines of not more than $15,000 or 3 times the value of the stolen property, whichever is more.

In whichever case you are in it is important to have legal counsel to advice you on your best route and what to do to get the shortest/best results.

 

Kristen@ambroselawgroup.com

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Filed under Kristen Guralczyk, Larceny

Is It Illegal To Knowingly Pass On An STD (Sexually Transmitted Disease)?

What if you engage in sexual intercourse with someone and later find out you received an STD, and even worse, that they knew they had it? Is it a crime? In Michigan, yes, however there are some exceptions. In Michigan, Statute 333.5210 states:

333.5210 Sexual penetration as felony; definition.

Sec. 5210.

(1) A person who knows that he or she has or has been diagnosed as having acquired immunodeficiency syndrome or acquired immunodeficiency syndrome related complex, or who knows that he or she is HIV infected, and who engages in sexual penetration with another person without having first informed the other person that he or she has acquired immunodeficiency syndrome or acquired immunodeficiency syndrome related complex or is HIV infected, is guilty of a felony.

(2) As used in this section, “sexual penetration” means sexual intercourse, cunnilingus, fellatio, anal intercourse, or any other intrusion, however slight, of any part of a person’s body or of any object into the genital or anal openings of another person’s body, but emission of semen is not required.

http://www.legislature.mi.gov/(S(zkpe1g45hwtajt55q20hhdyt))/mileg.aspx?page=GetObject&objectname=mcl-333-5210

This means that in the case of HIV and AIDS, it is not only illegal to transmit the disease if you know you have it, but it is also a felony to engage in any type of sexual penetration, even extremely slight, without telling the person that you have the disease whether they transmit it or not. In Michigan, however, this statute only applies to HIV and AIDS, and not any other STD. If convicted, a person can face a fine and/or jail time.

In many states and situations you can also file suit for a civil matter instead of criminal. Charges could range from assault or battery, intentional infliction of emotional distress, neglect or even attempted murder, depending on the case and the jurisdiction. At this point, almost every state has some sort of law or regulation regarding the transmission of STD’s to someone who knows that they are a carrier of the disease. Some states laws are more relaxed and include all types of diseases, while others have very specific regulations.

If you receive a STD through a rape, the rules are different due to the severity of rape in general. This statue is used for cases in which there was consent to the sexual penetration, however the person knowingly put you at risk for transmitting an STD without you knowing about it.

If you want to see what types of laws are in your area, check out this website for more help: http://www.criminaldefenselawyer.com/resources/criminal-defense/crime-penalties/std-transmission-laws.htm

Kristen@ambroselawgroup.com

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Filed under Assault, Kristen Guralczyk