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Articles Posted in DUI Defense

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In Michigan DUI Causing Death Case Victim’s Intoxication Probably Not Relevant

With marijuana use on the rise in Michigan more and more drivers are found to have marijuana in their system or to even be intoxicated from using marijuana containing products. This is exactly what happened in a causing death case recently decided by the Michigan Court of Appeals. The name…

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Supreme Court to Rule: Can Unconscious Driver Consent to Blood Draw?

On January 11th the United States Supreme Court indicated that they would hear a case arising out of the state of Wisconsin involving the constitutionality of a warrantless blood draw from an unconscious person. The name of the case is Mitchell v. Wisconsin and the State Court’s opinion is found…

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DUI Defendant’s Constitutional Right to Confront Chemical Test Remains Clear as Mud

In the past decade, the United States Supreme Court has issued several opinions addressing a DUI defendant’s right to confront a breath or blood test used by the prosecution to prove intoxication at trial. In legal terms, the word “confront” essentially means cross-examine. An example of this confrontation right in…

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Prosecutors Stop Using Results from Improperly Calibrated Breath Test Machines

Prosecutors across the state of Massachusetts have stopped using breath test results obtained during drunk driving arrests for tens of thousands of motorists between 2011 and 2017.  The reason is that defense attorneys representing the drivers discovered that breath test machines throughout the state were improperly calibrated.  If was further…

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Am I Eligible for Sobriety Court?

Many courts throughout Michigan employ an alternative form of sentencing for drunk drivers that emphasize treatment over punishment. Collectively, this approach to sentencing is called sobriety court.  Such courts utilize a 2011 Michigan statute codified in Michigan Compiled Laws § 257.304.  This law established new procedures and sobriety court participation…

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Misdemeanor and Felony Procedures in a Michigan DUI/OWI Case

  After you’ve been arrested for DUI/OWI in Michigan the next step will be for the arresting officer(s) to prepare a narrative written police report, including any supplemental discovery materials. Depending on the nature of the office, this report and investigation will include a description of the basis for the…

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