Blog Posts Tagged with criminal defense

New commission would establish THC level for impaired driving

by: Matt Newburg

March 24, 2016 at 5:05 PM EDT

A measure is pending before the Michigan House of Representations that would create a new commission to research and recommend the per se level of THC — the active ingredient in marijuana — that could lead to an impaired driving charge.

Marijuana is currently listed as a Schedule 1 drug. But unlike the components in other Schedule 1 drugs, the THC in marijuana can be detected in saliva, blood, hair and urine, long after the effect on a person’s driving ability has passed. Right now, a...

Minor in possession charge inching closer to decriminalization

by: Matt Newburg

March 8, 2016 at 6:03 AM EST

Persons under the age of 21 caught consuming or purchasing alcohol may soon face a civil infraction, rather than a misdemeanor, under legislation that recently passed the Michigan Senate.

Senate Bills 332 and 333, sponsored by Sen. Rick Jones (R-Grand Ledge), are now being considered by the House Committee on Criminal Justice. 

According to the Michigan State Police, more than 6,000 people faced minor in possession (MIP) charges in 2013. Sen. Jones has called it “outrageous” to make it a...

Firearms and Preliminary Breath Tests in Michigan

by: Matt Newburg

February 19, 2016 at 8:53 AM EST

The Michigan Court of Appeals in People v Booker have issued a published opinion on the suppression of Preliminary Breath Tests (PBT’s) in Michigan.  Mr. Booker was charged with one count of possession of a firearm while being under the influence.  The District Court suppressed the PBT results and the Court of Appeals has reversed that decision. 

On October 31, 2015 Farmington Hills Police Department were sent to investigate a robbery. While searching the parking lot, they found Mr....

Roadside Drug Testing Bills Moving Through Legislature

by: Matt Newburg

February 8, 2016 at 5:13 PM EST

Law enforcement in designated Michigan counties would be able conduct roadside drug testing, including saliva tests, under a measure currently making its way through the state Legislature.

Senate Bills 207 and 434 have already passed the Senate, and are now being taken up by the House. 

Senate Bill 434 would let certain counties establish pilot roadside drug testing programs. The pilot projects would give police officers the authority to swab the mouths of drivers suspected of driving under the...

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....