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A cramped airplane is the last place you think a sexual assault would occur, but unfortunately, they happen more than you would think.

New Laws Designed to Protect Airplane Passengers

A sexual misconduct task force bill was reauthorized by the Federal Aviation Administration. Airlines have stated they have no tolerance for sexual harassment or assault in the workplace for their employees or for their passengers.

Several high profile cases have lead to this bill. A sleeping passenger was sexually attacked by a Detroit man. The defendant was dealt a hefty penalty of nine years in prison. A man was caught masturbating next to a female passenger for hours. Lastly, two pilots have been charged with drugging and sexually assaulting 2 flight attendants while on the job.

In Yellowstone County in 1973 a young married couple was strangled to death. The victims were Linda and Clifford Bernhardt. Linda had also been sexually assaulted. The case went on for 45 years with no answers as to who committed such a terrible crime. That was until an online database that traces distant relatives was utilized. GEDmatch was able to determine that Cecil S. Caldwell had indeed murdered and raped Linda Bernhardt and murdered Clifford Bernhardt. Unfortunately, Caldwell died in 2003.

Caldwell was a colleague of Linda’s at the grocery store where the two worked. He had never been convicted of any crimes so his DNA was not in the National Criminal Justice Database. Caldwell appeared to conduct a normal life. He was married with two adopted children at the time of the crime. He then divorced and remarried another women who had children from a previous relationship.

The genetic genealogy has led to the arrests of Joseph James Deangelo, the Golden State Killer in 2018 and Coley MCCraney who raped and killed two young victims. For the family and friends of these victims it is satisfying that the killers were caught alive and held accountable for their actions. However, for Kelly Reich, Linda’s sister, the news is bittersweet. She states for her the resolution of the case does not provide closure or change the end result.

In 1982 Archie Williams was wrongfully convicted of rape, aggravated burglary and attempted murder. He was sentenced to life in prison. Fingerprint technology proved his innocence due to the innocence project, a nonprofit organization that challenges wrongful convictions. The true rapist was identified as Stephen Forbes. Forbes had been convicted of several other rapes and later passed in prison. During the trial Williams had several alibi’s that testified he was sleeping at the time of the crime. The victim, however, identified him in a photographic line-up as the rapist. Therefore, he was found guilty by 11 out of 12 jurors within 5 hours.

Now that he is a free man Williams plans on proving other inmates innocence utilizing DNA and fingerprint technology. Post-conviction DNA testing is now allowed in all states, however the use of the new fingerprint technology is underutilized. Thankfully, in 2014 the fingerprint database was expanded.

ArborYpsi Law Takeaways

There are so many wrongfully convicted inmates that have been sentenced to years if not life in prison. The use of DNA and now fingerprints is a great, factual tool that can free so many victims. It is tragic that people like Williams had to forfeit so much of their lives before being acquitted of their crimes. However, hopefully, cases like William’s will encourage other prosecutors and defense attorney’s to utilize fingerprint technology.

The New York Police Department sent a letter to Google demanding it remove DUI checkpoints from its WAZE App. The NYPD is concerned the Waze App enables people to circumvent a critical police function.

What Happened

WAZE is an App on which drivers share information about traffic, weather, accidents, etc. Users can post information so that other drivers can make good decisions. For example, a user might post information about a traffic backlog from an accident. Then a WAZE user would know to take another route.

Lately, users have been posting police DUI checkpoints on the App.

Governor Whitmer is abolishing the board that approves or denies medical marijuana licenses in Michigan. In its place will be a new board – called the Marijuana Regulatory Agency – which will oversee applications from both recreational and medical marijuana license applications. The new board will go into effect on April 30, 2019.

What Did the Old Marijuana Board Do?

Previous to Michigan voters approving the sale and use of recreational marijuana, the board oversaw the applications for medical marijuana licenses. The board began its work last July, and approved 121 licenses altogether. Of the 121, 105 are operating. These operating licenses are 4 safety compliance facilities, 5 secure transporters, 11 processors, 31 grow operations, and 54 provisioning centers (dispensaries).

Why the Change to the New Marijuana Regulatory Agency?

The old board had some issues approving or denying licenses in a timely manner. The licensing deadline has been pushed back many times since July 2018. This was the deadline set for currently operating dispensaries to become licensed or shutdown. The extensions were necessary because licenses were not being processed fast enough. Currently, there are an estimated 60 dispensaries operating without a license.

A person arrested for operating while intoxicated (DUI) will be given what’s called a chemical test. The purpose of a chemical test is to see if a person has alcohol or drugs in their system and how much.

This chemical test will either be in the form of blowing into a machine at the police station or will be done through a blood draw. The test could be a urine test as well but that’s not common.

When is the Chemical Test Given?

Your general OWI fact pattern goes like this. A person is pulled over by a police officer. The officer has the person go through a series of field sobriety tests. The person is then given a preliminary breath test if the officer believes the person has been drinking.

Yes, any driving under the influence conviction will make you ineligible for a commercial driver’s license. The length of ineligibility will depend on the type of DUI conviction.

Any Driver’s License Suspension Leads to 36 Months of CDL Eligibility

For starters, any type of driver’s license suspension or revocation will make you ineligible for a CDL for 36 months (3 years).

Two of the most common DUI charges carry a driver’s license suspension. The standard DUI charge, operating while intoxicated, carries a 30-day driver’s license suspension. Operating while intoxicated with a high BAC carries a 45-day driver’s license suspension. So a conviction for either of these two offenses means you cannot apply for a CDL within 3 years from the date of conviction.

Today the Trump administration issued new rules that ban the possession of bump stocks.

A bump stock is an attachment to a semi-automatic rifles. A bump stock goes back and forth (bumps) between a person’s shoulder and trigger finger. This action enables the gun to create fast and sustained bursts of shootings. A bump stock is a device that creates similar power to a fully-automatic weapon, which is illegal in the U.S.

As of March 26, 2019, bump stock possession is a federal crime.

Michigan voters have said yes to legal marijuana. What does this mean for you?

What You Can Do

  • A person over 21 can possess up to 2.5 ounces of marijuana. Not more than 15 grams of the marijuana can be in concentrate form.
  • A person can use and consume marijuana.
  • At home, a person can have up to 10 ounces of marijuana and 12 marijuana plants for personal use.
  • A person over 21 may assist another person in the above activities.
  • A person may give up to 2.5 ounces of marijuana to another person without payment (15 grams of concentrate.

What You Cannot Do

  • You cannot operate a car while under the influence of marijuana. This includes the operation of a boat, plane, ORV, or snowmobile.
  • No consumption of marijuana while operating a car or other type of vehicle.
  • A person under 21 cannot possess, consume, or cultivate marijuana.
  • You cannot transfer marijuana to a person under 21.
  • No marijuana consumption in public – unless there is a designated smoking area for people over 21.
  • No butane extraction of plant resin.
  • No cultivation of plants in a place where the plants may be easily seen from the public.
  • No possession of marijuana on the grounds of a school.
  • You may not possess more than 2.5 ounces within a residence that is outside of a locked container. So if you have more than 2.5 ounces, it must be secured in a container or area with locks or security device.

Cities

  • A city or township may limit the number of marijuana establishments within their municipality or may prohibit them altogether.
  • People may petition a city or township to adopt an ordinance to provide for the number of marijuana establishments or prohibit them within the municipality.

Michigan Department of Licensing and Regulatory Affairs

  • This Department’s job is to implement the new rules, which includes providing licenses for
    • Class A marijuana grower – 100 plants
    • Class B marijuana grower – 500 plants
    • Class C marijuana grower – 2,000 plants
    • Marijuana retailer
    • Marijuana safety compliance facility
    • Marijuana secure transporter
    • Marijuana processor
    • Marijuana microbusiness

Landlords

  • A landlord may prohibit consumption and cultivation of marijuana in a lease agreement.
  • A lease may not prohibit lawful possession of marijuana and consumption of marijuana by means other than smoking.

Employers

  • The new marijuana law does not require an employer to accommodate marijuana use.
  • There is nothing in the new law that prohibits employers from prohibiting marijuana use or terminating employment or discipline for being under the influence of marijuana.

Contact us

Call Sam Bernstein at 734-883-9584 or e-mail at bernstein@arborypsilaw.com.

Drones are more and more common now. But you could land in trouble for using them the wrong way.

What Exactly is a Drone?

The legal name for drones is “unmanned aircraft.” An unmanned aircraft is defined as aircraft flown by a remote pilot via a ground control system, or autonomously through use of an on-board computer, communication links, and any additional equipment that is necessary for the unmanned aircraft to operate safely. MCL 259.303

How Can I Get in Trouble With a Drone?

A person may not use a drone to knowingly and intentionally interfere with the official duties of either a police officer, a firefighter, a paramedic, or search and rescue personnel.

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