Whatever Happened to the California Man Charged with a Caffeine DUI?

In California last year a man was charged with driving under influence. The only substance in his system – caffeine. The police officer observed erratic and reckless driving, and believed the man to be under the influence of drugs when the man was amped up and agitated. A drug test came back negative for all substances except caffeine. The prosecution refused to drop the charges for almost a year, convinced the man must have been under the influence […]

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Prescription Medication DUIs

The operating while intoxicated laws make it possible to be charged for driving under the influence of your prescription medications, even if a physician prescribed the medicine to you. The Law The OWI law makes it a crime to drive under the influence of a controlled substance (non-schedule I). The phrase “under the influence” means your ability to drive was substantially lessened by the substance. There is no amount of the drug that will make you legally intoxicated […]

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What Happens in a Domestic Assault Case

If you’re reading this article either you or someone close has been charged with domestic assault. This is an overview of the law and your options in a domestic assault case. What is an Assault and Battery? This is how I explain an assault and battery to people. A battery is when I punch someone. An Assault is when I threaten to punch someone and have the present ability to carry out the threat, or a tried to […]

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Can I Drink And Drive In My Own Driveway?

In A Few Words No, drinking and driving in your own driveway is against the law, with a possible exception discussed below. Background This rule comes from the Michigan Supreme Court case of People v. Rea. The Court found that even a private driveway falls under the drunk driving statute. In this case, Defendant Gino Rea drove his car out of his garage but was stopped by a police officer in the upper part of his driveway next to […]

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Sniffing Glue, Intoxication, and Driving Under the Influence

In Michigan, it is against the law to operate a vehicle while intoxicated by an inhalant such as glue, paint, or other chemical agent. What is an Inhalant? A solvent chemical absorbed into the body through inhalation (huffing) is an inhalant. Solvents are chemical agents often found in everyday household products. Such chemicals include benzene, toluene, chloroform, Freon, methanol, and other coolants, glues, and paints. The Law A person may not operate a vehicle while under the influence […]

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Can You Get a DUI In A Self-Driving Car?

The future is not that far away and self-driving or autonomous cars may one day be the norm. Tesla has already created a self-driving car. Recently in California, a driver was cited for a DUI when he was arrested in his Tesla self-driving car. What Does ‘Operating’ in Operating While Intoxicated Mean? The answer to this question hinges on the definition ‘operating’ in operating while intoxicated. To be convicted of OWI you must be operating the vehicle. The […]

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What Does Possession With Intent To Deliver Mean?

The police will often find drugs on a person but won’t see them in the act of selling the drugs. You can still be charged with a crime called possession with intent to deliver (sell) those drugs. What does possession with intent to deliver mean? Possession with intent to deliver is the term meaning a person is accused of having drugs and planned to sell the drugs. Possession with Intent to Deliver For a person to be convicted […]

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What Is A Hardship Appeal?

A Hardship Appeal is a way to keep driving after losing your license to an implied consent suspension. Chemical Tests in DWI Cases When arrested for driving while intoxicated, a police officer will ask you to take a chemical test, either a blood or breath test. This is not the preliminary breath test (PBT) at the side of the road. Refusal of the PBT is a civil infraction. The penalty for refusal of the chemical test is a […]

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New Law for Technical Probation Violations

A new probation law goes into effect this year that will limit judge’s ability to create long sentences for “technical” probation violations. The New Law A person who commits a technical probation violation may only be sentenced up to 30 days in jail. Following the jail sentence the probation may return to probation. Multiple probation violations that occur at the same time will be treated as if they are just one violation. This jail term limit does not […]

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Drinking and Guns For CPL Holders

Drinking and guns don’t mix. Having a bodily alcohol content while carrying your gun can lead to a suspension or revocation of a concealed pistol license, depending on your BAC. Study the law in advance and avoid losing your CPL. The Law It is against the law to do any of the following: Carrying a pistol or taser with a blood alcohol content of .10 or more is a misdemeanor, punishable by; Up to 93 days in jail […]

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