Barone Defense Attorney Ryan Ramsayer recently handled a case in the 48th District Court and his representation resulted in the case being dismissed. The reason for the dismissal was an unlawful traffic stop. The facts of this case are as follows: Client (initials HN) was an OWI 2nd and leaving…
If you are stopped and the police smell alcohol or marijuana, then there’s a good chance you will be asked to step out of the car to perform field sobriety tests. If you fail one or more of these tests, then you will probably be arrested for OWI, or Operating…
A Barry County Judge has indicated that he’s going to start cracking down on repeat drunk drivers by giving them a minimum of 30 days in jail. Judge Michael Shipper was appointed by Governor Snyder in 2011 and is already tough on first-time offenders. Now he says he’s ready to be…
President Trump’s Department of Justice has proposed a new Office of Forensic Science and Forensic Science Board within the DOJ. This new board would have governing authority over all of Michigan’s forensic labs, including the Toxicology lab located in Lansing. Nearly all drivers arrested for intoxicated driving and subjected to…
If you were arrested for drunk driving in Michigan, then you should talk to your lawyer about whether starting with a structured 12-step program such Alcoholics Anonymous, or AA, may help your case. While clearly the best known, AA is not the only 12-step program, and it may not be…
In some situations, the police can charge you with drunk driving in Michigan even if the police never saw you driving your car. However, the legal analysis in these cases is very fact specific, and the law is quite complex. In some situations, courts have upheld convictions when the police…
If you’ve used medical marijuana in Michigan, drive your car, and are stopped by the police, you can be charged with OWI or “operating while intoxicated.” This is because Michigan’s drunk driving statute, found at Michigan Compiled Laws 257.625, indicates in part as follows: As used in this section, “operating…
Michigan passed a law such that beginning in September 2016 police were going to start testing a salvia drug swab. Apparently, however, the technology has not caught up with the law, and so, according to Mlive, the program is being delayed. An MSP spokesperson said the program isn’t likely to…
According to Michigan Compiled Laws 767.24, the Statute of Limitations for a drunk driving case in Michigan is 6 years. However, under certain circumstances this time period can be extended. Also, although the limitations period is 6 years, according to Michigan case law, prejudice is presumed after only 18 months. …
If you have been arrested for a first offense drunk driving in Michigan, then you are not prohibited in any way from buying, selling or leasing a car. However, if you have been arrested for a second offense drunk driving, then things get a bit trickier. In 1999, the Michigan…