Michigan Marijuana Patients and Dispensaries Must Closely Adhere to Existing Law

  • March 1st, 2017
  • Patrick Barone
  • Marijuana Laws

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 medical marijuana, and demonstrates exactly

What Should I Expect with a Michigan First Offense OWI Charge?

  • March 2nd, 2017
  • Patrick Barone
  • OWIDUI Penalties

A first offense OWI in Michigan is a crime categorized as a misdemeanor in Michigan.  Drunk driving cases are taken very seriously by the courts, and a conviction of a first offense OWI can carry with it serious consequences. A conviction for first offense OWI will carry with it fines, costs and driver license sanctions. 

Trump Plan Would Place Lansing Toxicology Lab Under Federal Control

  • February 27th, 2017
  • Patrick Barone
  • OWIBlood Testing

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 blood draws currently have their

Must the Police Observe me for 15 Minutes Before my Breath Test?

  • February 24th, 2017
  • Patrick Barone

The breath testing administrative rules in Michigan do require that the police observe you continuously for at least 15 minutes before you provide your first breath sample.  However, based on the case law discussed below, in this context the words “observe” and “continuously” are not as simple as they may seem.  Also, even if the

I Was Arrested for Drunk Driving, Should I go to AA?

  • February 20th, 2017
  • Patrick Barone
  • OWIDUI DefenseDUI Trials

If you were arrested for drunk driving in Michigan, then going to Alcoholics Anonymous, or AA, may help your case.  But that is only one reason to go AA, and probably not the best one.  You and your Michigan OWI lawyer should discuss this question in collaboration with a mental health professional. From a purely

Must Field Sobriety Tests Follow Standards Prescribed by the National Highway Traffic Safety Administration?

  • February 17th, 2017
  • Patrick Barone
  • DUI StopsDUI Penalties

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 legislature wants substantial compliance with

What it Means to “Operate” a Vehicle In the Context of a Michigan DUI Charge

  • February 16th, 2017
  • Patrick Barone
  • OWIDUI TrialsDUI

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 never saw anyone operating the

Role of Defense Lawyers in the Mitigation of Collateral Consequences

  • February 13th, 2017
  • Patrick Barone
  • Criminal EvidenceCriminal Penalties

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 is because collateral consequences are

Obtaining Business Insurance in the Marijuana Industry

  • February 8th, 2017
  • Patrick Barone
  • Marijuana Laws

While marijuana remains illegal at the federal level, a majority of States now have either medical or recreational marijuana.  And in some states, such as Michigan, the medical marijuana industry is expanding.  In fact, according to Arcsoft, the business will expand nationally 700% in the next five years! Michigan’s newest law, which became effective last

What is the Difference Between a Question of Law and a Question of Fact?

  • January 31st, 2017
  • Patrick Barone
  • DUI TrialsDUI

The short and simple answer is that questions of law are for the judge to decide whereas questions of fact are for the jury to decide.  However, while technically correct, this short answer is incomplete.  Especially if you are charged with a crime like intoxicated driving. As with any other crime in Michigan, if you

  • About the Author Attorney Patrick Barone is well-known and well respected throughout the legal community. As a professor, guest speaker and author he shares his knowledge of drunk-driving defense with lawyers and judges to help them better understand this complex area of law. Mr Barone is the co-author of two highly regarded books including Defending Drinking Drivers and Michigan DUI Law – a Citizen’s Guide. Also, Super Lawyers Magazine recently recognized his unique approach to law in their article “Walking in Their Shoes.”
  • Categories