Wednesday, July 23, 2008

On July 22, 2008, Alycia Martin received her first full Michigan Driver's License at the Westland Michigan Secretary of State (SOS). The picture at left shows her getting her license photograph taken. Alycia is also now registered to vote and intends to do so in the upcoming presidential election. Given the difficulties reassembling Alycia's birth certificate, identification, and the post 9/11 requirements, Attorney Frank Cusumano, Jr. considers Alycia's Drivers License one of the most important milestones in his representation. After five trips to the Secretary of State's Branch Offices (including obtaining her temporary learner's permit), four appearances in the 37th District Court, rental of a car for her road test, and three calls to the toll free Secretary of States' telephone, Alycia finally got her first driver's license. During the Driver's Road Test Alycia hit the cones twice on the parallel parking, and on the third and last allowable try parked the rental car perfectly. Alycia commented to Cusumano when he dropped her off that afternoon, "I would never have gotten this (my driver's license) if it wasn't for you." Alycia intends to protect her license by driving defensively and carefully.
As of July 22, 2008, Alycia Martin has no warrants or holds for her arrest. She can drive legally without fear of being stopped and arrested by police for driving without a license. MCL 257.904. Alycia would not be considered an "important person" or "politically connected" by police officers, unlike Thomas Athans, so if caught driving without a license would be arrested and hauled off to jail immediately and without hesitation. This is what had occurred in the 37th District, Warren, Michigan case.
Coincidentally, on February 26, 2008, Athans was in violation of the same statute MCL 257.904 when driving while license suspended in Troy on February 26, 2008, as Alycia was charged in Warren, Michigan. Athans was let go at the scene by the Troy Police, and ticketed the next day by certified mail. Secretary of State records show that Athans did not clear his suspension for another two weeks, just before his Court date. Troy police counter that they did not want to pay overtime and, therefore, did not ticket Athans when they "discovered" his license was suspended later that night. The officer that discussed the suspension with Athans in the police patrol car video, according to the official police version, did not inform the officer in charge (the officer that was sitting with Athans at various times in the patrol car video) that Athans had a suspended license. When the mistake was "discovered" it was decided that, rather then pay overtime, the ticket would be written the next day. It is left to the reader whether this version of events is credible. The Troy Police, however, did not mind bringing in two officers at almost 11:00 PM to have Alycia Martin sign a "Consent Forfeiture Agreement" in order to forfeit all the money they seized, $432.00 even though Athans in his confession only claimed to have given Alycia Martin $150. Apparently, this overtime was acceptable. Ultimately, Athans pled to the lesser charge of "no valid operators license in possession" on March 27, 2008, and was fined $75.00 and $40.00 costs for a total of $115.00.
Alycia Martin, in her case in Warren, charged under the same misdemeanor statute as Athans' original DWLS charge, served 22 days in the Macomb County Jail, was charged $660.00 for incarceration, fines and costs in the amount of $750.00 and 25 hours of Community Service. Judge Jennifer Faunce in an act in the service of justice and judicial compassion, suspended the fines and abstracted the file to the Secretary of State, allowing Alycia to have hope of obtaining her driver's license. Judge Jennifer Faunce, a former state prosecutor and State Representative on the House Judiciary Committee, should be lauded for her reasoned judicial temperament in not forcing Alycia into making impossible and destructive choices in order to pay judicially imposed fines and costs in order to avoid more jail time.
Alycia is grateful to all the persons who have assisted her in regaining her life. Alycia now looks forward to becoming gainfully employed, so she can obtain a car, get a home, pay her taxes, vote, and someday have a family and live in the Southeastern Michigan community which she loves.