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Exigent Circumstances Did Not Justify Warrantless Blood Draw in Medical Marijuana DUI Case

  • December 29th, 2016
  • Patrick Barone
  • OWIBlood TestingMarijuana Laws

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 while intoxicated” means any of

Can Breath Test Results Be Suppressed for Failing to Follow Calibration Requirements?

  • December 22nd, 2016
  • Patrick Barone
  • Breath TestingDUI Penalties

Yes, in certain circumstances, a breath test result in a drunk driving case can be suppressed for failure to follow all existing calibration requirements.  Therefore, it is important for your drunk driving defense lawyer to confirm that all existing requirements for calibration and calibration checks have been followed. All police departments in Michigan use the DataMaster

Michigan Saliva Drug Test Program Delayed Until Spring

  • December 20th, 2016
  • Patrick Barone
  • OWIDUI Drug ChargesDUI Trials

Michigan passed a law such that beginning in September 2016 police were going to start testing a salvia drug swab.  Apparently, however, the technology has not caught up with the law, and so, according to Mlive, the program is being delayed.  An MSP spokesperson said the program isn’t likely to get started now until spring

A Brief History of Michigan Marijuana Laws

  • December 15th, 2016
  • Patrick Barone
  • Criminal PenaltiesMarijuana Laws

What follows is a history of the significant events and court rulings that have lead up to the current laws related to medical marijuana in Michigan. 2008 – Michigan voters approve the legalization of medical marijuana. In November 2008, Michigan voters were confronted with a ballot proposal to allow physician-approved use of marijuana for certain medical

State of Michigan to Rake In At Least 80 Million Dollars Yearly From Medical Marihuana

  • December 9th, 2016
  • Patrick Barone
  • Criminal PenaltiesMarijuana Laws

On September 21, 2016 Governor Snyder signed into law a series of new bills that amended Michigan’s Medical Marihuana Act, as set forth in Michigan Compiled Laws, sec. 333.26424, et. seq.  This series of bills is called the “Medical Marihuana Facilities Licensing Act,” and the effective date of this package of bills was December 20, 2016. 

Requirements For Getting a Medical Marihuana Growers License in Michigan

  • December 13th, 2016
  • Patrick Barone
  • Criminal PenaltiesMarijuana Laws

There are at least 15 separate factors that the State of Michigan will consider before granting an applicant’s license to become a grower of medical marihuana.  Some of these factors will automatically exclude a person from consideration while others are discretionary; meaning they may exclude but will not necessarily exclude a person from becoming a

Licenses Available Under the Michigan Medical Marihuana Facilities Licensing Act

  • December 14th, 2016
  • Patrick Barone
  • Criminal PenaltiesMarijuana Laws

Michigan recently changed or amended the Michigan Medical Marihuana Act (MMMA).  This three-bill package has an effective date of December 20, 2016.  Together this three-bill package amended the “old” MMMA and created two new Acts. These are the Medical Marihuana Facilities Licensing Act, and the Medical Marihuana Tracking Act. Many of the changes relate to the regulatory

Up in Smoke: Financing a Marijuana Business Under the Michigan Medical Marihuana Act

  • December 8th, 2016
  • Patrick Barone
  • Criminal PenaltiesMarijuana Laws

Governor Snyder recently signed into law many amendments to the Michigan Medical Marihuana Act, as set forth in Michigan Compiled Laws, sec. 333.26424.  The new laws bare an effective date of December 20, 2016.  Some of the new provisions address the issue of financing, and look at this issue from a few different perspectives. The policy of

Breath Testing Rules and Regulations in Michigan DUI Cases

  • December 8th, 2016
  • Patrick Barone
  • DUI DefenseBreath Testing

Michigan’s rules and regulations for breath testing are set forth by law and by administrative rule.  There are also a variety of rules and regulations contained in the DataMaster Evidential Breath Test Manual.  Together these rules and regulations are intended to assure that a breath test result is reliable and admissible in a court of

What is Statute of Limitations for Drunk Driving Cases in Michigan?

  • December 6th, 2016
  • Patrick Barone
  • OWIDUI DefenseDUI Trials

According to Michigan Compiled Laws 767.24, the Statute of Limitations for a drunk driving case in Michigan is 6 years.  However, under certain circumstances this time period can be extended.  Also, although the limitations period is 6 years, according to Michigan case law, prejudice is presumed after only 18 months.  This means if your drunk

  • 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.”
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