Wednesday, July 29, 2009

A Flat Tire

For those who didn’t know. Andrew, Isaiah and I had had flat tire on the way to Howell today. Isaiah Dalman will be a Senior for the greatest college basketball team in the world, Michigan State University. He is completing his second year at our firm as an intern.

When we took off this morning late and in a hurry, I noticed the light had once again come on for a low tire. I filled up the tire on Sunday afternoon and it went out. It had come on last winter and I had done the same and it cured the problem up until Sunday. As we drove along, Andrew was using his Black Berry for the first twenty minutes of the ride (big surprise). Isaiah was nearly sleeping in the back because of his intense workout this morning. (The young man has the arms of an octopus and was bench pressing almost two hundred pounds that morning and for some reason thought that was a big deal.) The further we got down the road, the more the car began to shake. After we were nearing Stockbridge it was really vibrating but I was content to ignor it. Andrew looked over at me and said, “What do you think all that shaking is about?” I said, “I think our tire is low on air”. Truly like minds had come together to solve a world changing problem. After that, the car filled with the aroma of rubber burning at a rather accelerated rate. Andrew said, “I think we should stop”. I insisted we had “Run Flat” tires and we could make it. We had to be in Court and were already running behind. As we moved along it became more than apparent we were not going to make it to Howell with four tires in tact. We exited at the Stockbridge exit and after driving around the immense parking lot I eventually found the “Air Dispenser” (Really, Isaiah noticed it right away, but I went in and asked the cashier for directions.) After seventy five cents and four minutes of no luck of raising a mangled tire I told the guys we were going to have to change the tire. All the while, a lady in a car not too far away was watching us intently. Andrew and I took off our suit coats and Isaiah took off his shirt to reveal an awesome “Wife Beater” tee shirt. We tore apart the trunk and began the process of installing a doughnut where a tire should be. Each one of us had suggestions. I suggested the lug nuts should be loosened before jacking it up. With the direction of Andrew and Myself, we got Isaiah to turn the lug wrench in the proper direction. After years of spending time on the farm, I was quick to point out my qualifications for tire changing by saying, “Righty Tighty, Lefty Loosey” in order to loosen the lug bolts. Andrew was quick to point out his expertise in that he had changed two tires in the last year (evidentially the threshold for an expert is not that high for tire changing.) Isaiah was in great spirits the entire time because it was his first tire changing experience. If anyone has problems with optimism they should spend a day with Isaiah. He was quick to tell all his friends after the miraculous event via mobile phone that he had changed a tire for the first time today and it was a great and rewarding experience. In his words, he was becoming a “Veteran”. I guess when you compare the experience of Andrew, he would be deemed an expert as well. As we began to change the tire, I was watching the lady behind us. She was intently watching the progression of the tire changing experience. After the car fell off the jack, (yes it fell right off the jack and didn’t run us over), she felt as if she could offer us some words of wisdom. She drove over to us and rolled down her window. She immediately asked if we had done this before. (Andrew was a vetran, I had spend every summer and weekend until I was seventeen on a farm, COME ON, I thought to myself). She told us we needed to make sure the car was jacked beneath the frame of the car. After I thanked her for her words of expertise a moment of silence passed between us all. Then came the quote of the week, (It is only Tuesday, but I think it will stand). Andrew immediately looked up from his crouched position, tire iron in hand and said,

“Can’t she see there are already enough Chiefs on the Job.”
Look to this blog to find the Abood Law Firm "Quote of the Week".

Tuesday, July 21, 2009

Life in Court

Went to Court yesterday to watch Andrew P. Abood argue with Michael Nichols in and Evidentiary Hearing regarding an Operating While Intoxicated charge. Essentially, the Defendant was charged with Operating a Vehicle While Intoxicated. The interesting thing about the case was the Defendant was sitting behind the steering wheel of the vehicle while the engine was running.

At first glance, many people have the belief that a person can be deemed as operating a vehicle when they sit behind the wheel of a parked car with the engine running. It is important to take some time to form your own beliefs. The Supreme Court of Michigan has heard several cases in this regard. In People v Wood, People v Burton and People v Spencley, Michigan Courts have consistently held that in order to operate a motor vehicle, the Defendant has to put the vehicle in motion.

Essentially, the idea of the hearing was a Motion by the Defense Attorneys to suppress the evidence which the prosecutor is relying on to win their case. Upon cross examination by Abood, the arresting officer was forced to admit he did not follow his own departmental procedures while determining if there was probable cause for the arrest. The officer's department requires that an individual must be observed for a period of fifteen minutes before they are given a Chemical Test or a Preliminary Breath Test. Since the officers recorded the arrest with a camera from two squad cars, it was evident to see this requirement had not been met.

The case has been continued. It will be interesting to see the outcome.