There are several ways to look at this question. The National Highway Traffic Safety Administration defines the two terms this way. Notice the results-based language contained in these definitions: Impairment—Refers to the deterioration of an individual’s judgment and/or physical ability. Physiological and cognitive impairment begin at BAC levels below those…
Michigan is likely to have a .05 legal limit for drunk driving within the next five years. This is because the National Highway Traffic Safety Administration (NHTSA) has begun pushing a .05 legal limit at the national level. Once a .05 legal limit is adopted as national policy, the federal…
The number of Michigan citizens with a Concealed Pistol License (CPL) continues to increase each year with 2018 on track to become a recording breaking year. As of April 2018, there are a total of 993,026 CPL holders in Michigan according to police CPL records. The current pace of new…
Because an at-home electronic-monitoring program is not incarceration, the Oakland County Michigan work release program is not open to some felony offenders. Where mandatory incarceration is concerned, the tether program is a restriction, not a confinement, and is not ‘jail’ as that term is commonly used and understood. In 2010…
Beginning in early February 2010, “virtual” work release is available for some offenders. After the new program starts, the traditional work release program will be eliminated. This significant change has the potential to impact criminal law sentence negotiation and overall sentencing practices throughout Oakland County. Virtual work release will consist…
Many people view vandalism as a youthful indiscretion. The Sparty statue on the grounds of Michigan State University is the target of vandalism nearly every year during rivalry week. And in 2015, so was the Magic Johnson statue on the school’s grounds. But while these may seem like harmless pranks…
Recent stories of police misconduct have led to many citizens recording police activity. They often do so to prove the police officer acted inappropriately. But is it legal? The short answer is yes, but it depends on where the conversation or activity is taking place. In Michigan, there are two…
When thinking about the mandatory terms and conditions of probation it’s important to first understand that, according to Michigan Compiled Laws, section 771.4, the granting of probation is a matter of grace. In other words, probation is a privilege, not a right. Furthermore, this legislative idea of probation being a…
According to articles reported in the NY Daily News, in April 2015, Oliver Wiggins was struck by a police cruiser that had run a red light. Instead of offering Mr. Wiggins an apology, however, Brooklyn Police arrested him for drunk driving! A breath test later revealed that Wiggins had consumed…
Probably not. If you’ve been convicted of a felony in Michigan, then your gun rights will be suspended for three to five years, depending on the type of felony. The suspension time periods start when you’re done with your felony probation and it is also likely that the sentencing Judge…