In the past decade, the United States Supreme Court has issued several opinions addressing a DUI defendant’s right to confront a breath or blood test used by the prosecution to prove intoxication at trial. In legal terms, the word “confront” essentially means cross-examine. An example of this confrontation right in…
No, according to Federal law, you are not allowed to both use medical or recreational marijuana and have a Michigan Concealed Pistol License (CPL). This is due to a conflict in state and federal law. Michigan is not the only state facing this dilemma. For example, a man in Pennsylvania…
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…
It is an undeniable truth that police officers have a much more difficult time detecting stoned drivers when compared with the relatively easy task of detecting drunk drivers. There are many reasons for this and first among them is that marijuana does not impact driving anywhere near the way alcohol…
Recreational marijuana will soon be legal in Michigan. Known as proposal one, which passed by a large margin, marijuana won’t officially become “legal” until 10 days after the election is certified by the state board of Canvassers. This is expected to happen sometime in early December. However, the enabling legislation…
Now that the recreational use of marijuana is lawful in Michigan many area police departments are getting ready to identify and arrest more THC impaired drivers. For example, the Grand Rapids Police Department has requested federal funding that will allow them to send additional officers for DRE training. According to…
Now that Michigan’s voters have approved the legal use of recreational marijuana, how will this impact Michigan’s laws against intoxicated driving? The answer is – not very much. As of the date of this article, it is unlawful in Michigan to drive under the influence of or while impaired by…
Now that Michigan’s voters have spoken, and we are now among a handful of states that allow the legalized use of marijuana, how will this change in the law impact the terms and conditions of probation? The answer is, it depends on the judge! When a judge determines the conditions…
Michigan drivers suspected of intoxicated driving based on the consumption of alcohol, marijuana, or other intoxicating substances, must submit a breath, blood or urine sample upon the reasonable request of a peace officer. A failure to provide such a sample will result in the police obtaining a warrant for your…
All firearms are inherently dangerous, so naturally, it is against the law in Michigan to possess or use one under the influence of alcohol or drugs. Because of the danger posed by individuals who violate this law, penalties are quite significant and are set forth in the statute found at…