Ann Arbor Criminal Defense Blog

In People v. Pace, the Court of Appeals discusses the criminal intent necessary for a conviction of a charge of moving violation causing serious impairment of a body function to another person.

The Court concluded that a defendant must be negligent for a conviction, only that the defendant committed the moving violation.

Basic Facts

The Defendant made a left-hand turn and struck a pedestrian, causing the pedestrian to suffer a head trauma that left him disabled. He was charged with moving violation causing serious impairment of a body function to another person.

The Michigan Court of Appeals case of People v. Jeffrey Williams analyzes the question of whether in the misdemeanor of indecent exposure an “open exposure” occurs when only the defendant witnesses the exposure. This blog article will break down that questions.

Michigan Indecent Exposure Law

In Michigan, it is a misdemeanor for any person to knowingly make any open or indecent exposure of his or her person of another person. This misdemeanor can result in up to one year in jail, fines and costs, or probation. MCL 750.335a.

What Happened in People v. Williams

In this case, the defendant’s niece was taking a bath inside a private residence. The defendant went inside the bathroom and was asked to leave by the niece. The defendant did not leave, and instead proceeded to draw a picture of her, which included her private parts.

Super Drunk Driving Defined

Courts and newspapers refer to “Super Drunk” driving and I am asked what is the definition of this crime. To be convicted of the crime of operating while intoxicated in Michigan a person must have a blood alcohol content (BAC) of 0.08 or over. However, when a person operating a vehicle has a blood alcohol content of 0.17 or more, that person can be charged with the crime of operating while intoxicated with a high BAC. Operating while intoxicated with a high BAC is commonly known as super drunk driving.

How is High BAC Level Determined?

Nothing in the scientific literature denotes a BAC of 0.17 as a level where a person is more intoxicated than if the BAC was under 0.17. A person’s level of intoxication depends on a multitude of factors specific to that person. These factors include weight, rate of consumption, experience with alcohol, and tolerance. Imagine a 120 lb at 22 years old at a BAC of 0.17 as compared to a 350 lb male. They would both appear intoxicated, but have different motor function and cognitive capabilities.

The Penalties for Super Drunk Driving or OWI High BAC

The penalties for an OWI high BAC are more severe than Operating While Intoxicated.

In Michigan, it is against the law to possess a controlled substance or controlled substance analogue, unless the substance was obtained legally by a physician. MCL 333.7402

Possession of Narcotics and Cocaine

A person in possession of a Schedule 1 or 2 narcotic drug or cocaine is subject to the following penalties, depending on the amount of the drug in possession:

Less than 25 grams is a felony, punishable by;

This article lists the Schedule 3 substances with brief descriptions. The article goes on to discuss the law surrounding possession and driving under the influence of a schedule 3 substances.

What defines a Schedule 3 Substance?

A Schedule 3 substance is a substance

• That has less potential for abuse than a schedule 1 or 2 substance
• The substance has a currently accepted medical use
• Abuse of the substance may lead to moderate or low physical dependence or high psychological dependence

List of Schedule 3 Substances

An updated law will help expand a person’s ability to clear convictions from a criminal record.

Known as an expungment or a motion to set aside a conviction, removing a criminal conviction from your record can help eliminate the lingering effects of a conviction that is hurting present day job opportunities.

The new law allows people to clear up their record as follows;

This article lists the Schedule 1 substances, with a discussion of the charge operating with the presence of a schedule 1 substance or cocaine at the end. MCL 333.7212.

What is a Schedule 1 Substance?

A schedule 1 substance is a substance that has a high potential for abuse and no currently accepted medical uses in the U.S.