LAINA FEINSTEIN, M.D., F.A.B.A,

BAHD REPORT FORM

FCO” 383

STATE OF MICIGAN

IN THE CIRCUIT COURT FOR THE COUNTY OF OAKLAND

IN THE MATTER OF THE PETITION OF

RESTORATION OF DRIVER’S LICENSE, 2014-14121 1-AL

JUDGE D O’BRIEN

Petitioner, Case No. 14- -AL

vs.

SECRETARY OF STATE z FOR THE STATE OF MICHIGAN,

Respondent.

/
ARTHUR H. LANDAU CP16381)
PO Box 7740
Bloomfield Hills, Michigan 48302
(248) 948-0893
____________________________________/

There is no other pending or resolved civil action arising out of the transaction or occurrence alleged in this Petition.

ARTHUR H. LANDAU (P16381)
Attorney for Petitioner

PETITION FOR DRIVER’S LICENSE RESTORATION

NOW COMES the above-named Petitioner, KEVIN AARON LANDAU, and shows unto this Honorable Court as follows:

That your Petitioner resides at 980 James K Blvd., in the City of Pontiac, County of Oakland, and State of Michigan, Driver’s License No. 1,530 465 028 696.
That on June 8, 2014, your Petitioner’s driving privileges were revoked by Order of the Secretary of State for the State of Michigan from June 9, 2014 through indefinite. A copy of the Secretary of State/s Order of Revocation is attached hereto and marked Exhibit “A”.
That this revocation was based upon an occurrence on May 2, 2014, the first full day Petitioner had the interlock ignition device jn his vehicle.
A “rolling retest” violation was recorded on said date for the following reasons as indicated on the interlock device’s computer generated report: “abort sucking’, “abort humming”. A copy the Report is attached hereto and marked Exhibit “B”.
Petitioner suffers from chronic asthma, but remains fully compliant with all of his previously imposed conditions. Petitioner’s asthmatic condition made the blowing requirements for this device very difficult. Letters from Petitioners physician and medical professionals are attached hereto and collectively marked, Exhibit “C”.
On May 2, 2014, Petitioner was experiencing difficulty in mastering the device’s blowing requirements and immediately returned to the vender’s location where the device was installed the previous day. Petitioner requested additional instruction from the technician and has been without incident ever since. A copy of the letter verifying Petitioner’s return to the vendor’s office is attached hereto and marked Exhibit “D”.
This violation was merely a result of either the device’s internal malfunction, or the mechanical difficulties associated with a brand new piece of equipment- WHEREFORE, Petitioner prays:
That an order be entered requiring Respondent, Secretary of State for the State of Michigan, to appear before this Honorable Court to show cause, if any, they may have why the revocation of Petitioner’s suspension of Petitioner’s driving privileges should not be set aside.
That an order be entered restoring Petitioner’s driver’s license on a restricted basis in the same manner as previously provided for by the Respondent, both during the pendency of this matter and after said hearing on the show cause for all purposes allowed by MCL 257.3236).
And your Petitioner shall ever pray, etc.

KEVIN AARON LANDAU, Petitioner

ARTHUR H. LANDAU (P16381)

Attorney for Petitioner

PO Box 7740

Bloomfield Hills, Michigan 48302 (248) 948-0893

STATE OF MICHIGAN

IN THE CIRCUIT COURT FOR COUNTY OF OAKLAND

IN RE: KEVIN AARON LANDAU.

Petitioner,

vs, No.

SECRETARY OF STATE FOR THE STATE OF MICHIGAN,

Respondent.

PROOF OF SERVICE

ARHTUR H. LANDAU, of the City of Bloomfield Hills, County of Oakland, State of Michigan, deposes and says that on the 6 day of June, 2014, he placed the following documents.

Notice of Hearing, Ex-Parte Order Staying Revocation/Order to Show

Cause and Petition for Driver’s License Restoration

By first class mail:

Secretary of State for the State of Michigan Driver Assessment and Appeal Division

PO Box 30196

Lansing, Michigan 48909-7696

AND

By Certified mail:

Michigan Attorney General Office

Cadillac Place, 10^thFloor
3030 W. Grand Blvd., Ste. 10-200

Detroit, Michigan 48202

(313) 456-0240

1 DECLARE THAT STATEMENTS ABOVE ARE TRUE TO THE BEST OF MY INFORMATION, KNOWLEDGE AND BELIEF.

Arthur H. Landau (PI 63 81)

Attorney for Petitioner

RUTH JOHNSON, SECRETARÝ OF STATE

DEPARTMENT OF STATE

LANSING

ORDER OF REINSTATEMENT
KEVIN AARON LANDAU                                                             License Number: L-530-465-028-696
980 JAMES K BLVD
PONTIAC Ml 48341-1820                                                         Birth date:        09/07/1976

The Department of State Administrative Hearings Section has received a NOTICE OF MAJOR
VIOLATION, The major violation verifies that you violated the conditions of your restricted license    requiring an Ignition Interlock Device. Therefore, under the authority of Driver License Rule 13A, the original administrative licensing action is reinstated and your driving privilege and driver’s license is:

DENIED/REVOKED, effective 06/08/2014 and until approved by Administrative Hearings Section/Circuit Court, eligible for review after 06/09/2014.

MAJOR VIOLATION RECEIVED: ROLLING RETEST VIOLATION

It is further ordered that all driver licenses be immediately surrendered to the Administrative Hearings Section of the Department of State, Lansing, Michigan 48918.

REQUEST FOR HEARING

Rule 313a(11)(b) of the Driver License General Rules 12011 MR 3, R 257.313a(11)(b)] allows for a hearing regarding the reinstatement of your revocation/denial as indicated above. Please note, your written request for an administrative hearing must be received by the Administrative Hearings o Section within 14 days of the effective date of the reinstatement. If you miss the 14-day period or elect not to appeal the reinstatement, you will be eligible for an Administrative Hearings Section hearing one year after the date of your last appeal hearing.

WARNING

Section 904 of the Michigan Vehicle Code provides that a person convicted of Driving While License Suspended, Revoked or Denied may be sentenced to imprisonment for up to 93 days, or fined up to $500 or both, and for the second or subsequent conviction may be imprisoned for up to 1 year or fined up to $1,000 or both. Such conviction or convictions may result in the confiscation of the person’s license plates, vehicle immobilization and possible vehicle registration denial-

Additionally, section 904(10), (11) and (12) of the Michigan Vehicle Code, requires that a person convicted of Driving While License Suspended, Revoked or Denied or of any unlawful operation of a motor vehicle while the license is suspended, revoked or denied SHALL BE SUSPENDED OR REVOKED FOR AN ADDITIONAL LIKE PERIOD.

CERTIFICATE OF MAILING

I certify that I am eighteen years of age or older and that on this date notice of the original Administrative Hearings Section order was given to each of the parties of record by first-class United States Mail at Lansing, Michigan as provided in Section 212 of Michigan Vehicle Code (MCL 257.212).

Ben Landes______________
Administrative Hearings Section Date: May 29, 2014
Lansing, Ml 48918

ADMINISTRATIVE HEARINGS SECTION
PO BOX 30196 • LANSING. MICHIGAN 48909-7696
www.Michiqan.gov/sos • I-BBB-SOS-MICH (1-888-767-6424)

Michigan

LifeSafer Client Event Summary

5/1/2014 PM Thursday

5/1/2014 PM Thursday z

5/1/2014 PM Thursday

5/1/2014 PM Thursday o 5/1/2014 PM Thursday 5/1 /2014 PM Thursday

5/1/2014 4:19:19 PM Thursday a.)

5/1/2014 PM Thursday

5/1/2014 PM Thursday o

5/1/2014 PM Thursday

5/1/2014 PM Thursday c 5/1/2014 5:22:17 PM Thursday

5/2/2014 AM Friday

5/2/2014 11:55:22 AM Friday

5/2/2014 AM Friday

0) 5/2/2014 AM Frida

#1A [email protected] Interlock

FC041383

FC041383 FC041383

FC041383

FC041383

Page 1 of 1

aborted sucking

BrAC Reading 0.000 BrAC Pass engine on engine off engine on retest requested

BrAC Reading 0.000 BrAC Pass retest requested aborted sucking louder test tone

5/2/2014 PM

Friday

Friday Friday Friday

Friday

FC041383

FC041383 FC041383 FC041383 FC041383

FC041383 FC041383 FC041383

FC041383

retest requested aborted sucking louder test tone aborted hum HORN SOUNDING

aborted hum aborted hum aborted hum

VIOLATION, retest refused

Early Service Recall aborted sucking aborted sucking aborted hum aborted hum engine off

5/2/2014

5/212014

5/2/2014

5/2/2014 5/2/2014

5/2/2014

BrAC Reading 0.000 BrAC Pass engine off date change BrAC Reading 0.000 BrAC Pass i e on

5/6/2014

Kevin Landau

A LifeSafer ofM1

12409 Stark Rd., Livonia,Ml 48151 ÃifeSafer

888-294-7002

SECTION GENERAL. D<FORMATION-

Name: ‘Kevin Landau vn^s.l.ⁱ2GNALCEK6E6303619

Street Address: 980 James K Blvd Date of Installation: .5/1/14

City/State/Zip: Pontiac, 48341 Installation Certificate #: 10189001814

Driver License Number: L 530 465 028 696 Odometer Reading: •21

Year/Make/Model: 2014 Chevrolet Equinox Date of Removal: None

Date ofBAID Service: 25/2/2014 Last Odometer: 86

Client is HBAC X X,DOS Ordered Court Ordered

IvD0.s Order/Authorization to Remove BAIID: No

Ignition Interlock Installation Iglition Interlock Removal Report

X Violation Report Annual Report

SECTIOÑ VIOE:ATIOÑ (Please, attach^a– any evideåce}

E,ùiolatîcn as get in applicable-štatüte(sÿår Bl.freaü•ot-

•Regulatö1Y7 Señices DÈîvegLicénse GGieraI Ru.tèÍ2,æ• [Check..th•approptiate

Tamper/Circumvent (3) Failures

Rolling Re-test Failure Missed Monitoring Appointrnent

X Skipped Rolling Re-test The BAIID recorded BAC of .025 or higher

Deinstallation Other (please explain in comments below)

Missed Third Monitoring Appointment Removal ofBAD without authorization

Violation Dates: 5/2/2014: Retest Refused

Comments: See Client Contact Record.

SECTION IV: ANNUALREPORT)
I Has the licensee complied with requirements ofthe ignition interlock agreement? Yes

I certi$^rthe information in Section I, Il, and UI are accurate to the best ofmy knowledge and belief.

If no, what is the basis for noncompliance?

o 2.Did the licensee report for service during the period of installation on a regular basis? Yesa NCO

If no, what is the basis for noncompliance?

Any attempts to start or operate the vehicle where the BAIID detected an alcohol level at or above

Dates:

Signature:

Client Information

Kevin A Landau 980 James K Blvd Pontiac, Ml 48341 Home Phone:

Drivers License: L 530 465 028 696

Program Type: MOOS (Michigan Only)

Vehicle

Year:

Make:

Model:

Plate:

VIN:

Color:

Information

Chevrolet

Equinox

DCZ7245

2GNALCEK6E6303619

Gray

Service Date

Device Event

Device FC041383

29829 Telegraph Rd. • Suite 203 • Southfield, Ml 48034
Phone: 248-304-0786 • 248-354-8559

Kate McGee

Psychotherapist/Behavioral Health Therapist 5777 West Maple Road, Suite 177

West Bloomfield, Michigan 48322

248 633-5003

RE: KEVr^s1 LANDAU

June 5, 2014

To Whom It May Concern:

Please be advised that Kevin Landau has demonstrated continuous sustained full sobriety since March 26, 2011. He has remained very well focused on his sober lifestyle and professional goals. Mr. Landau has remained fully cooperative with treatment and everything that has been asked of him, in order to remain fully compliant. Mr. Landau showed me the report he received that appears to reflect difficulty with the interlock device on his vehicle for the date of May 2, 2014. I believe that Mr. Landau has remained fully sober and that his intent was

to cooperate with that screening. As the device was new to him, I believe it is possible that he was still learning how to use it, that his asthma might have impeded that effort, or that there was a misread by the device. It would be incongruent with Mr. Landau’s demeanor and history for him to have been uncooperative with the expectation for him to appropriately use the interlock device. Mr. Landau has been doing very well in therapy and his o continued full compliance is anticipated. It is hoped that the aberration of that one date will be viewed within the context of a clearly ongoing successful recovery. As Mr. Landau remains mindful of his recovery needs, his prognosis remains excellent. Should you need to reach me, with appropriate consent, my direct line is 248 6335003.

Sincerely,

Psychotherapist/Behavioral Health Therapist

O 05/02/2014 12:27 – My Clients z

Website – Client is having problems with aborting and his alarm was going off in the background. He was attempting to find the Waterford location and will be going back to our Warren location instead. Jel

*This documentation is based on telephone calls with the client or on behalf of the client. LifeSafer, Inc. does not state that this information is factually correct and will not certify this information legally. Contacts are recorded at the request of clients. LifeSafer, Inc. and its employees were not present at the time of occurrences and are not liable for information contained in this documentation.