A criminal case can be resolved in one of two ways.
The first way is through a plea or plea bargain. A plea bargain is where a person admits guilt to something in exchange for some sort of benefit in return.
For example, a person charged with three crimes might plead guilty to one crime in exchange for dismissals of the other two crimes. In another example, a person might plead guilty in exchange for a promise by the judge for no jail time.
After a DUI arrest most people want to know what penalties they face.
You are not likely going to jail for the standard first-offense DUI conviction.
The most likely sentence will involve;
One of the most frequent questions I receive from medical marijuana patients is whether they can drive and smoke. I’ll answer that questions and make a prediction about the future of smoking marijuana and driving.
Yes, so long as the patient is not under the influence of marijuana.
A patient cannot smoke marijuana while in the act of driving or operating a vehicle.
Voters next year may decide whether Michigan legalizes marijuana. A potential ballot initiative in 2018 would do the following, which would make it legal to own and use marijuana in Michigan and not just for medical purposes only.
If you assume one joint is .32 grams, there are 88 joints in an ounce, and 220 joints in 2.5 ounces. However, this is just a ballpark. Some people smoke larger joints than others.
The ballot initiative would have to be approved for all this to become a reality. Pro-marijuana advocates submitted the right number of signatures today for the initiative to get on the 2018 ballot. The ballot initiative as written is currently 18 pages long, so there are many more details. These are only the broad strokes. An overwhelming majority of voters of approved the Michigan Medical Marihuana Act in 2008, so we’ll see.
Stimulants are one of seven categories of drugs that Drug Recognition Experts look for in a driving under the influence evaluation. This article discusses the effects and signs of stimulant drug use.
The stimulant drugs include cocaine, methamphetamine, and amphetamines.
Drug Recognition Experts are officers trained to determine if a driver is impaired by drugs. The Drug Recognition Expert (DRE) looks for signs of drug use and impairment and then makes a guess about which type of drug a person may have used.
We often refer to a drinking and driving charge as a DUI, which stands for driving under the influence. The standard drinking and driving charge in Michigan is actually called operating while intoxicated.
The key difference is the “driving” v. “operating” language. The courts have defined operating as more broad than just driving.
Operating means driving or having actual physical control over the vehicle. The term ‘actual physical control’ is much more broad than simply driving. Actual physical control could occur even where the car has not moved at all, as at least one court of appeals has found.
Cannabinoids are one of seven categories of drugs that Drug Recognition Experts look for in a driving under the influence evaluation. This article discusses the effects and signs of cannabinoid drug use.
The cannabinoid drugs include marijuana, hashish, and oils.
Drug Recognition Experts are officers trained to determine if a driver is impaired by drugs. The Drug Recognition Expert (DRE) looks for signs of drug use and impairment and then makes a guess about which type of drug a person may have used.
Once you’ve lost your driver’s license it is neither fun nor easy to get it back. ArborYpsi Law can help guide you through the process to get your driver’s license back. Preparation for the hearing and appearing before the hearing officer is essential. This article will give some tips and overview for the work ahead. It’s never too early to start the work. Once you’ve determined that you’re ready to take the steps of reinstating your license, then it’s time to start. The Secretary of State requires that a person must prove he or she has any substance use problem under control. The burden is on the person who wants the license to make this proof. The Secretary of State requires several items for the hearing.
1. Documentation of Sobriety
Participation in a treatment plan is a major one. For those who attend Alcoholics Anonymous, then sign-in attendance sheets showing regular participation in AA is helpful. A verified treatment program will go a long way to showing the SOS any drinking or drug problem is being dealt with proactively. Alcoholics Anonymous is one of the most well-known programs. Hearing officers will accept AA as a credible program. If you claim significant attendance in AA, be prepared to speak knowledgeably on the philosophies of AA. A hearing officer will be happy to hear you attend AA three or four days a week – but you are going to have a problem if you can’t explain the Second Step of AA. Alcoholics Anonymous is also a great program because it is free and everywhere, making it convenient for people to attend meetings. Click here to find Washtenaw County Alcoholics Anonymous Meetings. Click here to find Wayne, Oakland, and Macomb County Alcoholics Anonymous Meetings. Get a Sponsor. A sponsor is a person with experience in the AA program who helps and mentors younger members. A sponsor is someone you can speak with about issues related to sobriety, like a free therapist. You can call your sponsor if you suffer a craving for alcohol. Your sponsor will be able to attest to your hard work at sobriety and attendance at AA meetings. Alcoholics Anonymous is not for everyone. There are religious themes that do not sit well with some people. There are other programs out there, such as individual counseling or in-patient treatment that may work better for you. Check with your insurance provider to see what treatment options may be available. You must have 3 – 6 letters from people who can speak on your sobriety. Quality is more important than quantity. A letter from a person who sees you every day and sees you do not drink is more valuable than a letter from the priest who only sees you once a year. Ideally, the letters are written from people who regularly know you and your routines, who know you do not drink, even seeing you turn down a beverage when offered. The SOS will not entertain returning a license without a minimum of 12 months sobriety. Every situation is different. The 12-month sobriety mark may not be enough for someone with ten years of hard drinking under their belt. Even the two-year mark might not be enough if there is an extensive history of alcohol use and relapses. The 12-month sobriety mark may be fine for others. Having said that, it may be worth your time and effort to go through the motions of having the hearing, even knowing the chances of success aren’t high. At that initial hearing, you can build a record of sobriety, document your productive efforts at abstinence. It’s not the end of the world if the hearing officer says no in this situation. You can come back in a year, this time with a solid record of evidence that you made at the first hearing. The hearing officer will see that you have put in the work and the effort, and review the documentation from the first hearing. At the second hearing, you can build upon that record and develop your evidence further, making it more difficult for the SOS to deny you the second time. Get started by looking at the Secretary of State’s Website on Driver’s License Restoration. Here is a PDF of the Request for a Hearing Application to give you an idea of the forms involved. Driver’s License Restoration hearings can be uphill battles. We can work with you to ensure every chance at success. We will sit down with you several times, go over your materials, provide guidance and evaluation, and then prepare for the hearing as if in an actual hearing. We’ve helped many people get their license back, and look forward to helping you as well. This article mentions a few elements of the driver’s license restoration hearing. There are other concerns to think about and maybe concerns unique to your situation. Call Sam Bernstein at 734-883-9584 or e-mail at bernstein@arborypsilaw.com ArborYpsi Law is located at 2750 Carpenter Rd #2, Ann Arbor, MI 48108. Read More: How an Attorney Can Help You Win Back Your License. Read More: A Collection of Driver’s License Restoration Resources2. Evidence of Support
3. Make sure you are ready for the hearing
More Resources to Get Driver’s License Back
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Yes, there is no court rule or law that says you need a lawyer to represent you in a criminal case.
However, there may be good reasons why you should have a lawyer represent you.
The law involves many rules of evidence, procedural rules, and statutory laws. Lawyers go to school to learn these and have to continuously study them throughout their careers. Your average Joe off the street will not be schooled in the same way, and would be at a disadvantage if they had to compete with a prosecutor who was trained in these rules.
Yes, a DUI conviction in Michigan will always be on your record. Any type of drunk driving conviction cannot be removed from your record.
An expungement is the process for removing a criminal conviction off of your record. It’s called a motion to set aside a conviction.
An expungement is a great tool for someone who is ready to move forward from a criminal convictions. An expungement can happen five years from the end of probation or incarceration.
Ann Arbor Criminal Defense Blog
