Wednesday, July 29, 2009

Driving While Distracted by Cell Phone

Has the time come for drivers to give-up cell phones while operating their vehicles? In Michigan, more municipalities and jurisdictions are saying, "maybe". The cell phone lobby, however, says, "not yet", and continues to block state-wide cell phone bans. Despite the efficiencies achieved by the now-ubiquitous cell phone, Royal Oak, Southfield and other jurisdictions have considered outlawing this form of "multitasking". Many other Oakland County municipalities have enacted "driving while distracted" provisions which enhance the fines assessed when a cell phone factors into a traffic violation. Many would say, "it's about time." Even the cell phone lobby may be coming around. A recent Sunday New York Times front-page article describes how...

Custody and the 100-Mile Rule

The Michigan Legislature long-ago codified the rules of divorce in the Child Custody Act. One of the provisions in the Act addresses when one parent proposes to move:"a parent of a child whose custody is governed by court order shall not change a legal residence of the child to a location that is more than 100 miles from the child's legal residence at the time of the commencement of the action in which the order is issued."A recent published (thus binding) decision of the Michigan Court of Appeals provides guidance as to how those 100-miles are calculated.In Bowers -v- VanderMuellen-Bowers, the parents had joint legal custody of their son. Father, who had been awarded so-called "physical custody", wanted to move from Big Rapids to Byron,...

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