Michigan woman caught driving while in Zoom court

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In Brief

• Defendant appeared late via Zoom in a consumer debt lawsuit.
• Judge reentered default judgment after disputing whether she was driving during the hearing.
• Court confrontation centered on credibility, courtroom rules and remote appearance conduct.
• Case highlights risks defendants face in virtual court proceedings.

Sometimes it pays to just call in sick for court.

Kimberly Carroll made a late appearance via Zoom in 33rd District Court in Woodhaven, Michigan, on Monday, where she was the defendant in a case involving allegedly defaulting on consumer debt. LVNV Funding LLC, a debt buyer for charged-off consumer debt, brought the case, claiming damages of $1,788.08.

The case started without her, and the judge had already declared that she had defaulted, giving LVNV attorney Brian L. Groen what he came for: a judgment for the debt plus filing and service fees.

Then, the court clerk announced she was getting notice from an iPhone.

It was Carroll.

At about the 50-minute mark in the Zoom hearing, she told the judge she was sitting in “a room,” waiting to join the meeting.

“I was just sittin’ there staring at my phone,” she said. “I’m sorry.”

It went downhill from there. After not appearing on time, there was the fuss about getting her to turn on her video.

Then this from Judge Michael K. McNally: “You cannot be driving, ma’am. What are you doing?”

The Zoom picture of her showed Carroll strapped in a seat belt with the belt crossing over her torso from the left side of the car.

“I’m not driving, I’m a passenger in a car,” Carroll said with some consternation.

“I’m not hearing cases with people driving or as passengers in cars,” McNally said.

“OK, I will pull over … I’m sorry. I have an emergency. I’m going out of town for a family member but I will have my driver pull over. … I didn’t know that I wasn’t allowed to be in a car.”

But the judge wasn’t convinced all was well. “Am I crazy or does it not look like you’re driving that car?”

“I’m NOT driving the car,” Carroll said. “I’m a passenger the car, sir!”

The judge had more questions. “What side of the car are you on?” he asked Carroll.

Left side, she said, not realizing it was the wrong answer.

“How would you be on the left-hand side if you’re a passenger in the front seat? Am I missing something?” McNally said.

“Left hand … right-hand side, I’m sorry, I’ve been sitting in a room. I didn’t know,” Carroll said.

“Yeah, the seat belt’s coming out of the driver’s side. Now you’re lying to me, right?” McNally said.

“No, I’m not sir,” she replied, again.

The judge had an idea. “Let me see the driver,” he said.

Carroll’s face twists and her eyes grow bigger and dart about.

“Let me see the driver!” the judge repeated.

In a bold move in a court hearing with an exasperated judge, she told him: “Hang on one second!”

“Now!” McNally repeated.

“I have to ask their permission.”

“Now!”

Instead, she exits the vehicle.

“No, you weren’t in the driver’s side. Do you think I’m that stupid?” McNally said.

He ended the hearing by re-entering a default judgment in the lawsuit. “You lied to me,” he told her.

As he tells the plaintiff’s counsel to put in his paperwork that she “was not available at the time and then was driving a car and telling the court she was not.”

But Caroll wasn’t done: “I signed in at 1:30, sir.”

“You got an attitude with you, I’ll tell you that,” McNally said. “You got an attitude. … Good luck to you.”