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…
Sean Spicer, Trump’s press secretary, stated recently Trump’s AG Jeff Sessions will do more to enforce federal marijuana laws. He particularly has his eyes on recreational use. This appears to be a significant change from the AG and the DOJ under former President Obama. Specifically, Spicer said that Trump would…
Because Marijuana remains an illegal schedule one drug in Michigan, any patient or caregiver who does not closely comply with the Medical Medical Marijuana Act (MMMA) risks being charged and prosecuted as an ordinary illegal drug user or illegal drug dealer. A new Michigan case entitled People v. Lewis, involves…
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…
The answer is somewhat unclear because so far no Michigan court has specifically ruled that police officers must administer standardized field sobriety tests in accordance with protocol set forth by the National Highway Traffic Safety Administration (NHTSA). However, a new law was recently passed in Michigan that suggests that the…
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…
Collateral consequences are the loss of rights a person suffers after being convicted of a crime. They have previously been described as having the potential to cause “civil death.” Such consequences are different from the punishments that might be imposed by a judge as part of a criminal case. This…
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…