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 I Use Medical Marijuana on Probation?

It depends. This is a common question I’m asked when a person is facing probation. Probation is a period of time following a conviction where a judge will set up requirements and prohibitions for the person convicted of a crime. All Judges Are Different What happens on probation is ultimately up to the judge, and all judges are different. Some judges will allow medical marijuana use on probation without question if you have a valid card. Other judges […]

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Michigan Anabolic Steroid Law

Anabolic Steroids are a Schedule 3 Controlled Substance, which means it is illegal to use or possess anabolic steroids without a prescription. What is an Anabolic Steroid? An anabolic steroid is a type of drug that promotes muscle growth. These drugs are used by bodybuilders and athletes because of the potential to increase athletic abilities and muscle mass. Steroid use in the athletic setting began in the Olympic games in the fifties and sixties by Eastern European nations […]

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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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People v. Carll: Reckless Driving Conviction Upheld

The Michigan Court of Appeals upheld a reckless driving conviction in the case of People v. Carll. What Happened in the Case Carll was driving a truck with six other people in the vehicle. Carll was driving 30-40 miles per hour on a gravel road. Carll drove through a stop sign without slowing down and hit a car in the intersection that had the right of way. The evidence presented showed that Carll did not apply the brakes […]

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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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Three Common Questions When Hiring A Lawyer

There are several common questions I get when called about a criminal matter. I’ll try to address them with my standard answers here. How Much Does it Cost to Retain You? People often ask me what my rate or retainer is. The answer is that I don’t have a set rate. There are a lot of variables that go into what I charge. First, is the case local or will there be travel? My office is across the […]

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New Law Would Make Sales of Nitrous Oxide Illegal

A new proposed Michigan law would make it a crime to sell nitrous oxide gas to someone for the purpose of getting high. The law was introduced as a House Bill. The actual language is sale of nitrous oxide “for the purpose of causing a condition of intoxication, euphoria, excitement, exhilaration, stupefaction, or dulling of the senses or nervous system.” What is Nitrous Oxide? Nitrous oxide is a gas that is commonly used in dental procedures and cooking […]

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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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