Wolverine Law

Wolverine Law Launches New Website

Stuart M. Collis — Mon, 03 Oct 2011 20:18:26 +0000

Wolverine Law announced the launch of its new, updated website, www.wolverinelaw.com.

The site features streamlined information, as well as contact information for the company. The site will also include extensive information of Michigan law.

“The new www.wolverinelaw.com is a great way for the community to see what Wolverine Law is all about.” said Stuart Collis, President. “The site is clean, modern and easy to navigate; yet another way Wolverine Law stays current and cognizant of those looking for legal services in Southeast Michigan.”

Michigan’s Super Drunk Driving Law

Stuart M. Collis — Thu, 24 Feb 2011 00:54:43 +0000

On October 31, 2010, Michigan’s new “super drunk” driving law went into effect, which changed several sections of the Michigan Vehicle Code. Previously, intoxicated drivers faced charges of Operating While Visibly Impaired (OWVI) or Operating While Intoxicated (OWI), when their blood alcohol content (BAC) was less than 0.08 or equal to or greater than 0.08, respectively. Now, with the introduction of the “super drunk” classification, first-time offenders with a BAC between 0.08 and 0.17 retain the OWI charge, while those with a BAC greater than 0.17 are classified as “super drunk.” Along with this new classification, “super drunk” drivers face stricter regulations and penalties than drivers charged with OWI (see Table for first time offender penalty comparison). These penalties include larger fines, longer license suspensions, and mandatory alcohol treatment programs. If you have been charged with driving under the influence and have questions regarding your situation, please contact a local attorney.

First-time offenders	OWVI	OWI	“Super drunk”
Statute	257.625(3)	257.625(1)(b)	257.625(1)(c)
BAC	<0.08*	0.08-0.17*	>0.17
Community service/jail time/fine	1 or more of the following: comm. serv. for not more than 360 h; up to 93 d jail; $0-300 fine.	1 or more of the following: comm. serv. for not more than 360 h; up to 93 d jail; $100-$500 fine.	1 or more of the following: comm. serv. for not more than 360 h; up to 180 d jail; $200-$700 fine.
Alcohol treatment program or a self-help program	May have to attend	May have to attend	Must attend an alcohol treatment program or a self-help program for a period of not less than 1 yr(257.625(b)(5))
Points	4 points	6 points	6 points
Driver responsibility fee	$500 per yr for 2 yr	$1000 per yr for 2 yr	$1000 per yr for 2 yr
License suspension	0/90 d susp/rest(257.319(8)(a))	30/180 d susp/rest(257.319(8)(a))	45 d/1 yr susp/rest(257.319(8)(c))
Ignition lock device	NA	NA	Required- 1 yr(257.319(8)(h))
License reinstatement fee	$125	$125	$125
Immobilization	May order vehicle immobilization for not more than 180 days for first offense (257.904(d))	May order vehicle immobilization for not more than 180 days for first offense (257.904(d))	May order vehicle immobilization for not more than 180 days for first offense (257.904(d))

Domestic Violence and Michigan Landlord – Tenant Law

Stuart M. Collis — Fri, 28 Jan 2011 00:52:18 +0000

The Michigan Landlord Tenant Relationship Act (“LTRA”) regulates rental agreements between landlords and tenants of residential property. In 2010, this act was amended to include a clause that releases tenants from their payment obligations when the tenant has reasonable apprehension of present danger arising from domestic violence, sexual assault, or stalking.

In order to be released from their leases, the tenant must submit written notice via certified mail of his/her intent to seek a release and provide written documentation demonstrating that the tenant has reasonable apprehension of present danger to the tenant himself or to his/her child. Acceptable forms of written documentation demonstrating reasonable apprehension include:

a copy of a valid personal protection order or an order removing an abusive person from a home,
a valid probation order, conditional release order, or parole order that is still in effect ordering that the released person is to have no contact with the tenant or child,
a written police report that has resulted in charges being filed with the prosecuting attorney that has jurisdiction over the matter,
a written report from a qualified third party, such as a professional services provider, clinic, or protection agency, testifying to the factual basis for the tenant’s apprehension.

Landlords must be aware of the other burdens this amendment thrusts upon them. First, landlords are required to provide notice of this release clause to their tenants, either directly in their lease agreements or through personal notification, or indirectly through postings in their management office. Second, this release clause does not apply to prepaid rent, or release other tenants who are parties to the rental agreement. Third, the release is only effective upon the tenant vacating the premises, and is only applicable to leases entered into, renewed or renegotiated after October 5, 2010. Fourth, the tenant is released from his/her obligation to pay no later than the first day of the second month that rent is due after notice is given. Finally, to ensure the safety of tenants wishing to move an account of their reasonable apprehension of danger, landlords must not intentionally reveal forwarding addresses or documentation submitted by the tenant under this provision to the alleged aggressor. Importantly, this amendment does not prevent the landlord from withholding the tenant’s security deposit.

Landlords who are concerned with the implications of this law should consult an attorney.

Michigan No Points Traffic Ticket Law

Stuart M. Collis — Fri, 21 Jan 2011 00:50:51 +0000

On December 31, 2010, a new Michigan law (MCL 257.320d) went into effect. This law permits individuals to attend traffic school to avoid certain minor traffic tickets from getting reported to insurance companies. Like any law, however, there are certain requirements that must be met. First, you must have a valid, unrestricted, unsuspended, and non-revoked license with less than three points on your record. Second, the ticketed driver must not have been driving a commercial vehicle nor be licensed as a commercial driver. Third, the ticket cannot be for any misdemeanor offense. Fourth, the violation carries less than four points. Fifth, the ticketed individual must not have received more than one moving violation arising out of the same incident. Sixth, the ticket cannot be for failing to stop for a school bus or for violating a governor imposed emergency speed limit. Finally, the ticketed individual must not have received another eligible ticket within 60 days and must not have ever previously obtained the benefit of this law. The Secretary of State has taken the position that the ticket also must have been received on or after December 31, 2010 to be eligible. However, the law does not on its face seem to support the Secretary of State’s position and it is likely that this issue will be litigated at some point in the future.

If an individual is eligible for this state program, that person will receive a letter from the Secretary of State at the address listed on the individual’s driver’s license. The letter will state that if the individual completes a driver improvement course which has been approved by the State, and provides proof that he/she has successfully completed the course within 60 days of the letter, the points and ticket will not be reported to the individual’s insurance carrier. The Secretary of State will keep a record of individuals who have completed the basic driver improvement course so that no person can use this law a second time. Therefore, subsequent moving violations will be reported to insurance companies.

Ypsilanti Attorney Is Moving To 61 North Huron Street

Stuart M. Collis — Tue, 03 Aug 2010 00:48:27 +0000

Wolverine Law will be relocating their office, but remaining in Ypsilanti in order to continue to serve those in need of law services in and around Ypsilanti. Though changing office locations, clients will continue to receive the same great quality law services Wolverine Law has come to be known for.

An Ypsilanti attorney, Wolverine Law is an affordable law firm with years of experience. Specializing in all types of representation, services include both civil and criminal law cases. Stuart Collis and the staff of Wolverine Law represent all clients with the utmost concern for their well being. Legal services provided include the following:

• Family Law
• Estate Planning
• Consumer Protection
• Collections
• Business Law
• Criminal and Traffic Law
• Animal Law
• Contract
• Mediation
• Real Estate
• Bankruptcy
• Sports

Educated at the University of Michigan, Stuart M. Collis, Esquire, offers his expertise not only in the court room, but as a speaker in seminars in Michigan in recent years as well, including Creditor’s Rights and the Michigan Veterinary Medical Association. A member of the Washtenaw County Bar Association, Mr. Collis represents a highly qualified and professional attorney, offering his clients accuracy and affordability.

Wolverine Law will now be located at:

61 North Huron St.
Ypsilanti, MI, 48197

Part of the business district of Ypsilanti, the new office will serve to offer a more convenient location for clients. Located adjacent to a number of city parking lots, Wolverine Law’s new location is just a short walk to downtown or “Depot Town” and just one mile from I-94.

Stop by and see the new office at 61 North Huron St. in Ypsilanti. Rest assured that Wolverine Law will continue to offer the same great service they are known for. Representing clients from Ypsilanti, as well as Wayne and Washtenaw Counties and throughout Michigan, feel free to contact Wolverine Law for a free consultation.

Contact Information

Phone: 734.481.8911
Online: www.wolverinelaw.com

Stuart Collis, Ypsilanti Attorney, Talks About Consumer Protection

Stuart M. Collis — Tue, 23 Feb 2010 00:46:48 +0000

A consumer protection law is created to protect and ensure fairness in competition and information in the marketplace. They are put in place to prevent businesses from having an unfair advantage over their competitors by engaging in unfair or untruthful practices and to provide protection for smaller companies and consumers as well. The ultimate goal of consumer protection is to protect the interests of the consumers. There are violations that may require you as a consumer to retain the services of an attorney in situations that adversely affect. These include fair debt collection practice act violations, Michigan consumer protection act violations and fair credit reporting act violations. If you live in Michigan, an Attorney in Ypsilanti at Wolverine Law may be able to assist you if you have an issue with consumer protection.

Fair Debt Collection Practice Act Violations

If you are in a position where someone is trying to collect debts owed by you such as collection agencies or attorneys, they are regulated by Federal laws from trying to obtain these debts from you. They are not permitted to contact third parties in reference to your debt, they cannot harass you , and cannot threaten to take action not permitted legally without a judgment. Anytime an agency violates these terms, they are subject to fines and legal fees in relation to the case. You and your attorney are ultimately in charge of protecting your interests.

Michigan Consumer Protection Act Violations

Every state has its own specific consumer protection acts in relation to their residents. In Michigan, there are over 30 possible violations of this act. The Michigan Consumer Protection Act was created to protect you, the Michigan consumer, from unfair or deceptive business practices. If you feel that your rights have been violated in cases such as this, judgments by the court may allow you a minimum of $250.00 in damages as well as attorney fees and court costs if the business is found guilty of a violation against you.

Credit History

Fair Credit Reporting Act Violations

The Fair Credit Reporting Act is a Federal Law that regulates collection, distribution and use of consumer information. Consumer reporting agencies or CRA’s are responsible for allowing the consumer to verify the accuracy of their information. They are also responsible for distributing the information, only to be used for credit evaluation and certain other purposes including employment. CRA’s sometimes make mistakes. If these mistakes have an adverse affect on you, you are able to dispute the error. The proper order is to first contact the credit bureau, if you are unable to get the correction made there, you may then have reason to seek an attorney to assist you in removing the error.

If you live in Michigan and are looking for legal representation in a consumer protection violation, an attorney in Ypsilanti may provide you with key services necessary to assist you. Contact Wolverine Law if you have questions on consumer protection and your rights.

Stuart Collis, Ypsilanti Attorney, Talks About Estate Planning

Stuart M. Collis — Tue, 23 Feb 2010 00:39:51 +0000

Estate Planning is the process by which you arrange for the disposal of an estate in an attempt to lessen the uncertainties over the administration and to maximize the value of the estate. It usually includes wills, trusts, powers of attorney as well as living wills. Learn a bit about estate planning with Stuart Collis, an Ypsilanti Attorney.

Living Wills and Medical Powers of Attorneys

A living will is a document that provides direction to those around you in the event that you are unable to speak for yourself. Though Michigan does not recognize the living will specifically, it does provide a statute for authorization of Medical Powers of Attorney and gives a person appointed by you the power to make health care decisions for you. This person is called a Patient Advocate. They are only able to act while you are unable to do so, and unless in writing are unable to direct any treatment that is likely to cause death, such as ending medical treatment.

Living Will & Estate Planning

Trusts

A Trust may be established in a variety of cases as decided by you. It is provided as a way for the Grantor, otherwise known as Trustor, Donor or Settler, to benefit one or more than one individual known as a beneficiary. Those in charge of the trust are known as trustees and are responsible for managing the trust for the benefit of the beneficiaries solely. Generally, if your estate is worth less than $600,000 in assets, a trust is not needed in states such as Michigan, as there is no inheritance tax. However, if you are concerned with those receiving your estate due to other reasons, you are always the final decision in whether or not a trust is needed. If you are planning on establishing a trust, it is always advised that you consult an attorney such as an attorney in Ypsilanti.

Wills

A will is different than a trust in that it is a legal tool which specifically states what goes to whom and in what way, but only becomes legal after it is probated after death. Wills are essential for planning how your assets will be distributed after death. If a person fails to create a will, than their estate and assets will have to pass through intestacy, or by the rules of the state. It is always recommended that you create a will and name an executor of your estate even if you have also created a trust, as it will serve as a backup for any assets not mentioned in the trust. There are many legalities involved with the creation and validation of a will, therefore it is always recommended that you consult an attorney when you decide to write a will.

If you live in Michigan and are looking for legal representation in planning your estate, an attorney in Ypsilanti may provide you with key services necessary to assist you in your planning. Contact Wolverine Law if you have questions on Estate Planning including Medical Powers of Attorneys, Trusts or Wills.