As originally conceived the United States Supreme Court was intended to be a final check on the police power. And to a lesser extent, so it is with all judges, who collectively form one of our three branches of government. The central goal behind the idea of having three branches…
Citing the “grisly toll on the Nation’s roads,” and by opinion dated June 23, 2016, the United States Supreme Court has ruled that the police are not required to obtain a warrant in order to obtain a breath sample. The same is not true of blood test where warrants are…
Michigan law provides that drivers convicted of drunk driving can have their cars forfeited. This means that upon conviction the state can take the convicted drunk driver’s car. In those cases where the car was used without the permission or knowledge of the owner the “innocent owner” defense would apply. …
To help make up for lost revenue, more Michigan counties are seeing forfeiture of the cars driven by people arrested for DUI. Will yours be next? If the Oakland County Prosecutor has her way, then the answer may well be “yes.” Jessica Cooper has instructed her prosecutors to seek forfeiture…
With cell phones being ever present in our society, it is becoming increasingly common for people to use their cell phones to report a Michigan driver they think might be intoxicated. If the police officer does not independently observe a traffic violation, then there may be a basis to challenge…
On September 8, 2015, Governor Snyder signed into law House Bill 4193, making it easier for Michigan drivers to avoid a DUI arrest. According to the new law, during a traffic stop you may now show a police officer an electronic proof of insurance on your phone. This electronic proof of…