Ann Arbor Criminal Defense Blog

OWI Case Dismissed

Published on: October 18, 2017 | ArborYpsi Law

We represented a client that was was charged with the drinking and driving charge of Operating While Intoxicated (OWI). What was strange is it happened over 2.5 years after he was arrested for the driving! Find out more about the current OWI Michigan laws from the Secretary of State here.

OWI Case Dismissed Due to Excessive Delay

There was no valid reason for the delay. One out of a thousand cases simply slip through the cracks. Nevertheless, it wouldn’t be fair to the client who has moved on with his life after an arrest to start the process so long after he believed he would not be charged with a crime.

We filed a motion to dismiss based on the excessive pre-charge delay. In Michigan, a judge may dismiss a charge against a defendant where a substantial pre-charge delay prejudices the defendant’s right to a fair trial.

Minnesota Supreme Court Overturns Three OWI by Inhalants Convictions

Published on: October 11, 2017 | ArborYpsi Law

The Minnesota Supreme Court in State of Minnesota v. Chantel Lynn Carson overturned three convictions of driving while intoxicated by a woman who was arrested for driving while high from inhalant use.

Ms. Chantel Lynn Carson was arrested on three separate occasions and charged with the Minnesota crime of DWI-third degree operating a motor vehicle under the influence of a hazardous substance.

Ms. Carson had been using an inhalant called DFE. DFE is found in the propellant brand Dust-Off, which is used to clean electronic equipment. Scientifically speaking, DFE is the chemical 1,1-difluoroethane.

What To Do After A DUI Arrest

Published on: October 5, 2017 | ArborYpsi Law

The Arrest and immediate Aftermath

Being arrested for a DUI can be a stressful experience. You’re pulled over, put through an investigation you don’t understand, and then arrested. The police let you out of jail the next morning ,and there’s no indication of what will happen next.

Often, you may not even be notified of a court date for months down the road. For example, if there was a blood draw, the blood would be tested by the Michigan State Police before charges were filed. A few months or more may pass before you learn of the charges.

Will Your License Be Suspended?

There may be immediate driver’s license considerations that require your attention. A refusal of the blood or breath test offered by the police officer could result in a one-year driver’s license suspension. This is not the preliminary breath test given at the side of the road, but either the breath testing machine at the police station or a blood draw performed by a medical professional. For most people, a one-year license suspension is consequence more severe than the probation requirements.

Collection of Michigan Inhalant Law Articles

Published on: October 4, 2017 | ArborYpsi Law

ArborYpsi Law has experience with many types of criminal cases. One focus of ArborYpsi Law has been on legal issues surrounding driving under the influence of inhalants, which are substances used by huffing.

We have many articles on the topic. If you or a loved one is facing a charge related to DUI by inhalants or use of inhalants, the following articles can provide lots of information on the topic.

Driving Under the Influence of Inhalants Blog Articles

Driving Under the Influence of Inhalants
Is It Against the Law to Drive After Huffing?
Huffing DUIs: Operating While Intoxicated by Inhalants
Sniffing Glue, Intoxication, and Driving Under the Influence
Driving Under the Influence of DFE: 1,1-difluoroethane from Dust-Off
Florida Huffing DWI Crash Case Highlights Difficulties of Huffing DWI Cases

Court Cases involving DUIs and Inhalants

Montana Supreme Court Rules Inhalants are Drugs for DUIs
Minnesota Supreme Court Overturns 3 OWI by Inhalants Cases
New York: Can You Get a DUI from Huffing under New York Law?
Pennsylvania Supreme Court Upholds Murder Conviction in DUI by DFE Case
Wisconsin Court of Appeals Rules the Inhalant Chemical DFE Not a Drug for OWIs

Inhalant Articles in General

Michigan Inhalant Use Law<
Ann Arbor Model Glue Ordinance
Inhalants: Use, Effects, and Dangers
New Law Would Ban Sale of Nitrous Oxide
Can I Get in Trouble For Sniffing Glue in Michigan?
New Law Creates Penalties for Selling Nitrous Oxide/a>
People v. Wood: Probable Cause, Warrantless Searches, and Whip-its

Contact Us

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

People v. Woodard: OWI Blood Draws, Consent, and Search Laws

Published on: September 20, 2017 | ArborYpsi Law

In the case of People v. Woodard, the defendant argued that her withdrawn consent after an OWI blood draw meant the Michigan State Police could not analyze her blood without a warrant. The Court of Appeals did not agree.

What Happened in People v. Woodard

Ms. Woodard was charged with Operating While Intoxicated-third offense and Driving with a Suspended or Revoked License.

A police officer pulled Ms. Woodard over for technical license plate violations. However, when the officer approached the car, he believed Ms. Woodard to be intoxicated based on her appearance of bloodshot and watery eyes, unsteadiness, and smell of intoxicants.

People v. Wood: Probable Cause, Warrantless Searches, and Whippets

Published on: September 19, 2017 | ArborYpsi Law

The Court of Appeals published an interesting decision in People v. Wood in which they upheld the suppression of evidence from a drug case following a bad search.

What Happened

A police officer pulled the defendant for speeding. When the officer approached the car, he empty pill bottles and whippet canisters on the floor. A whippet canister contains the gas nitrous oxide, which is inhaled by people to get high. The officer did not observe the defendant to be under the influence of the nitrous oxide, however.

People v. Baham: Meth, Personal Use, and Double Jeopardy Case

Published on: September 12, 2017 | ArborYpsi Law

In the case of People v. Baham, the Michigan Court of Appeals discusses manufacturing and possession charges for methamphetamine.

Defendant plead guilty to manufacturing methamphetamine, operating or maintaining a methamphetamine laboratory, and possession of methamphetamine.

At the plea hearing, the Defendant explained he had components and chemicals to make methamphetamine, and that he cooked or made methamphetamine.

Not Guilty in East Lansing Jury Trial

Published on: August 31, 2017 | ArborYpsi Law

We recently won a Not Guilty verdict in a jury trial in East Lansing.

Our Client was unfairly charged with assault and battery following a domestic dispute.

During the dispute, our client was pushed and she protected herself by punching the person back. When the cops came, however, she was the one charged with a crime. The client was shocked she had even been charged with a crime.

Pennsylvania Supreme Court Upholds Murder Conviction in Huffing DUI

Published on: August 23, 2017 | ArborYpsi Law

In Commonwealth of Pennsylvania v. Danielle Nicole Packer, Ms. Packer was convicted of third-degree murder after she drove under the influence of the inhalant DFE and caused an accident killing another driver.

The Supreme Court of Pennsylvania took up her case to decide whether huffing the inhalant DFE before driving is such a high risk that it justifies a murder charge.

Facts of the Case

Packer purchased the aerosol Dust-Off, which contains the chemical DFE which people huff to get high. Once in the car, Packer inhaled the DFE two to three times, in five-to-ten second bursts each time. While stopped at a red light, she took two additional two-second bursts from the Dust-Off can.

What Is Required for a Concealed Pistol License (CPL)?

Published on: August 17, 2017 | ArborYpsi Law

Here are the basic requirements for obtaining a concealed pistol license (CPL) in Michigan:

To get a CPL, a person must be

21 years of age or older
A U.S. citizen or person lawfully admitted to U.S.
Be a legal resident of Michigan and live in Michigan for 6 months prior to application for the CPL,
- A legal resident of Michigan is defined as one of the following: