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A Drug Recognition Expert is a police officer trained to determine whether a driver is impaired by drugs. The science behind what Drug Recognition Experts do is flimsy to say the least.

The officer is supposed to run a battery of tests on the driver to determine:

  • Whether the person’s ability to drive is impaired and,
  • Which type of drug has caused the impairment if unknown.

The officer may believe a driver is impaired by drugs but not know which type of drug has caused impairment. The driver’s blood sample will be tested by the Michigan State Police Laboratory for specific drugs.

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 punch someone and missed.

What is the “Domestic” in Domestic Assault?

A component of domestic assault is that the alleged offense was committed against a person the defendant

ArborYpsi Law writes many articles on a wide variety of criminal defense topics. Here are some articles you may have missed

Should I take my case to trial? This is such a big decision in any case. There are many factors that go into it. Let’s say you are charged with drunk driving, known as operating while intoxicated in legalese. Should you go to trial on the charge? Win and you beat a misdemeanor, lose and does it get worse? Talk to your attorney about whether you should go to trial on it. With an OWI charge, there’s a lot at stake that people really don’t consider. An OWI charge goes on your record for life. An OWI conviction might be used against you in determine auto insurance rates. Should you take the chance to beat it? A guilty plea ensures that the conviction will be on your record forever. Read our article about Should I Take My Case to Trial to see about the decision-making that goes into that big and important question.

An expungement is the legal process for clearing a conviction. It is a motion filed in the court called a motion to set aside a conviction. Right now in Michigan, you can expunge either one felony or two misdemeanors. Many types of offenses are ineligible for an expungement. Most notably are traffic offenses. Often, traffic offenses such driving on a suspended license, cannot be expunged, but are counted against a person if they want an expungement. There are now a group of bipartisan lawmakers who are seeking to expand the right for an expungement. These bills would do a lot for ex-offenders. It is a huge step forward for criminal justice reform. Read about the New Proposed Law for Expungements in Michigan.

We understand you are busy and may have missed some important ArborYpsi Law articles. Nothing to worry about! We’ve gathered some of the latest news here for your easy browsing. See something you want to learn more about? Keep browsing or just call us at 734-883-9584 to see if we can help.

Federal Firearms Law

The federal government has banned the possession of bump stocks. A bump stock is a device that essentially turns a semi-automatic rifle into an automatic rifle. The move came after pressure on the Trump administration which followed several horrific shootings. The legal developments have been chronicled by ArborYpsi Law. We have summarized the legal challenges followed the ban. In addition, we discuss the first person in the U.S. believed to be charged with possession of a bump stock.

DUIs in Other States – Wisconsin Edition

Wisconsin has some of the softest drunk driving laws in the country. In fact, a first-offense OWI in Wisconsin is not even a crime! It’s hard to believe this is the status there, seeing as how there is much pressure on governments to enact harsh DUI laws and on prosecuting agencies to treat drunk drivers as harshly as possible. Nevertheless, Wisconsin’s first-offense civil infraction does contain some penalties that are actually harsher than the penalties for a misdemeanor first-offense in Michigan. Now several Wisconsin lawmaker want to bring Wisconsin in line with the rest of the country when it comes to their DUI laws. Specifically, they want to make a first-offense DUI in Wisconsin a misdemeanor like everywhere else.

There are two types of state courts in Michigan where trials are held. These are district court and circuit courts. These courts are two separate entities, and knowing the differences can help you navigate the court system.

District Courts

A district court has several functions. First, district courts are where misdemeanors are dealt with. A misdemeanor could be handled in the circuit court, but there must be a felony allegation to get there.

Common misdemeanors include drunk driving (operating while intoxicated), traffic cases such as driving on a suspended license, and assault and battery. District courts are generally more likely to have treatment courts than circuit courts. Treatment courts include sobriety court, veterans court, mental health court, and more.

We know you’re busy so you may have missed some great ArborYpsi Law articles! We write on a variety of legal topics all the time. Below is a mix-up of some interesting articles and blog posts you may be interested in.

What happens if you’re charged with operating while intoxicated? What can you expect? What are the steps and what are your options? We address those questions in our article on Steps in an OWI case. Thousands and thousands of people are charged with drunk driving each year in Michigan. Many of these people are good people who never meant to put anyone in danger or even thought they were committing a crime. A drunk driving conviction of any kind in Michigan will go on your record and will stay there forever. No OWI conviction can be expunged. Being charged with an OWI is something to take seriously. We take it seriously. That’s why our websites has tons of information on OWIs. Check out our Steps in an OWI article to learn more and then continue browsing for more information.

In an OWI case, if you are arrested, the police officer will ask you to take a chemical test. The purpose of this chemical test is to determine whether you have an in what amount a level of alcohol or drugs. What if the officer asks you to take the test and you say “no?” The situation is fraught with legal complications. It is a process that invokes what is called the Implied Consent laws. A whole mess of legal consequences and processes come in to play. It is not a decision to make lightly by the driver. Of course, a driver after a night of cocktails or heroin may not be in the best shape to make a great decision regarding the chemical test. But sometimes after a long night of cocktails or heroin you do find yourself in that situation. We answer the question of What Happens if You Refuse a Chemical Test. If you have refused a chemical test, call us immediately – or at least within 14 days – of the refusal. We can help save your driver’s license! Ask us about Hardship Appeals.

Being charged with a crime is stressful. Often a person has no idea what happens next. A criminal charge can change the course of your future, as there are many collateral consequences a person can face. Such consequences can be for future employment, housing, immigration, or driver’s license. This is in addition to possible jail time, probation, and fines and costs.

So what should you do if you’ve been charged with a crime? Not to sound self-serving, but hire a lawyer. Don’t just hire any lawyer. Hire a criminal defense attorney.

Many Different Kinds of Attorneys

There are many types of attorneys out there. Some attorneys practice only criminal defense. Some attorneys practice only family law. Other attorneys might represent businesses. And then there are attorneys who may practice in different areas, such as a combination of estate planning, family, and criminal defense. There would be no reason to ever hire a non-criminal defense attorney for a criminal case. Why take that risk? While criminal defense seems straightforward, that’s only because the goals and objectives of criminal defense are straightforward. Other than that, criminal defense is increasingly complicated and specialized.

An updated Michigan law helps people keep their criminal record clear.

A Little Background First

When a person is arrested, the record of that arrest and the person’s fingerprints is sent to the Michigan State Police. The arrest record goes on the person’s criminal record. The arrest portion of the record could only be destroyed when a person received a not guilty verdict at trial. (Certain plea bargains seals a person’s record too).

This left a gap in the law. A person who beat their case before trial, perhaps by motion or a prosecutor’s dismissal, was stuck with the arrest on their record, even though they beat the case. This is unfair and didn’t make sense logically.

Medical Medical marijuana law moves fast in Michigan. Here is a snapshot of the latest news.

Detroit Puts Cap on Dispensaries

Detroit decided it will allow only 75 dispensaries to operate in the city. Dispensaries and processors are allowed in all industrial and business areas. The areas include midtown and downtown.

There are currently 62 dispensaries in business. Those dispensaries must obtain a license by September 15th or risk being shut down. However, the state itself has been slow to approve medical marijuana licenses and that deadline could be extended.

A new law takes effect today aiming to crack down on Whip-It use. Whip-Its are canisters filled with nitrous oxide.

Also known as laughing gas, people use nitrous because it produces a feeling of light-headedness and euphoria. Nitrous oxide is sold in grocery stores in every-day grocery products. Whip-Its are so-called inhalant drugs because people inhale them.

New Nitrous Oxide Misdemeanors

A person may not sell nitrous oxide to a person under the age of 18. A person who sells nitrous oxide without making a diligent inquiry about the person’s age is liable for a civil violation, with a fine of up to $500.

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