How Much is Legal Limit to Drive in Michigan? For most drivers the legal limit to drive in Michigan is .08. For people under the age of 21, Michigan has zero tolerance, which is legally defined as .02 or above. Commercial drivers, such as truckers and limousine drivers, can’t have…
On January 11th the United States Supreme Court indicated that they would hear a case arising out of the state of Wisconsin involving the constitutionality of a warrantless blood draw from an unconscious person. The name of the case is Mitchell v. Wisconsin and the State Court’s opinion is found…
Yes, when you’ve been stopped for drunk driving the police must read you your rights. In fact, the police may be required to read to you three separate sets of rights; one related to the roadside or preliminary breath test (PBT), the second set of rights related to the second…
Victoria Police was caught falsifying more than a quarter million roadside breath tests over a five-year period. The claim is that the officers did this to meet quotas or to highlight their productivity. At the end of the month, when quotas had not been met, officers would set up ad-hoc…
Michigan is likely to have a .05 legal limit for drunk driving within the next five years. This is because the National Highway Traffic Safety Administration (NHTSA) has begun pushing a .05 legal limit at the national level. Once a .05 legal limit is adopted as national policy, the federal…
If you are interested in obtaining one of Michigan’s five commercial Medical Marijuana licenses, then as part of the application process you will need to demonstrate that you have the financial ability to obtain and maintain adequate premises liability and casualty insurance for its proposed marihuana facility. See MCL §…
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…
Disclaimer: This case was overruled by the more recent Michigan Supreme Court case of People v. Rea. The Michigan Court of Appeals recently ruled that a person may drive drunk in their own driveway. The name of the case is People v. Rea, 315 Mich. App. 151 (2016), and in this…
What Follows is a draft excerpt from The Legality of Search and Seizure in DUI Cases, 2016-2017 ed.: Leading Lawyers on Leveraging Science and Process to Develop Winning Defense Strategies (Inside the Minds): Evidence collected from search and seizure plays the starring role in the prosecution of DUI cases, and in…
As originally conceived the United States Supreme Court was intended to be a final check on the police power. And to a lesser extent, so it is with all judges, who collectively form one of our three branches of government. The central goal behind the idea of having three branches…