Blog Archive for January 2016

What Can … And Should … You Do When You’re Pulled Over?

by: Matt Newburg

January 26, 2016 at 10:27 AM EST

There have been numerous incidents lately where drivers have been pulled over by law enforcement and the situation has escalated, with unfortunate results. One recent case is that of Sandra Bland, who was found dead in a Texas jail cell three days after a routine traffic stop. 

Situations like these are a reminder of why drivers need to know their legal rights when they’re pulled over. What is — and what is not — legally permissible for the officer and the driver to do?

First and...

Custody, Support & Parenting-Time Order Properly Entered Without Mother’s Signature

by: Matt Newburg

January 26, 2016 at 10:22 AM EST

A custody, child support and parenting time order based on the parties’ signed mediation agreement was properly entered by the trial judge, even though the mother disavowed the agreement and refused to sign the order, the Michigan Court of Appeals has decided.

In Kleinjan v. Carlton, the parties had a child together, but were not married. The father filed a complaint requesting legal and physical custody of the child, child support and supervised parenting time for the mother. The parties and their...

Are “Implied Consent” DUI Laws Unconstitutional?

by: Matt Newburg

January 9, 2016 at 4:26 PM EST

All 50 states currently have “implied consent” laws for drivers who are arrested on suspicion of drunken-driving and who are asked to submit to blood-alcohol testing. However, these implied consent laws are currently facing a constitutional challenge in the nation’s highest court.  Under state implied consent laws, when you get your driver’s license, it means you have also automatically given consent to blood-alcohol testing if you are ever suspected of DUI....

Michigan Court of Appeals Decides "Drying" marijuana Issue

by: Matt Newburg

January 9, 2016 at 1:00 PM EST

The Michigan Court of Appeals has, yet again, upheld a conviction of a Michigan Medical Marijuana Patient and Caregiver. In a 2-1 opinion, the Court addressed the meaning and consequences of marijuana that is found to be in the curing stages.  In People Rocafort, an unpublished opinion, the Court held the marijuana seized by law enforcement was dried marijuana--despite having moisture--and exceeded the amount of marijuana Ms. Rocafort could possess under the Michigan Medical...