Can a Cop Search My Car if it Smells Like Weed?

Yes, the smell of marijuana gives a police officer probable cause to search a vehicle. The Law The Fourth Amendment provides that police officers need a warrant to conduct a search. There is an exception for the searches of cars, however. Under this warrant exception, a police officer can search a vehicle if there is probable cause to believe a crime has been committed or is being committed. In the case of People v. Kazmierczak, the Michigan Supreme Court […]

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Past AYL Articles: Drug Paraphernalia, Underage DUIs, Top Drugged Driving Drugs, and the Horizontal Gaze Nystagmus Test

Here is a quick glance at some recent ArborYpsi Law posts that may be of interest. When a person is pulled over for drinking and driving, the police officer will make the person undergo a series of field sobriety tests. These field sobriety tests are designed to give the officer evidence of impairment or intoxication so the officer can arrest the driver. One of these tests is called the horizontal gaze nystagmus test. In the case of People […]

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What is Felon in Possession of a Firearm?

Possession of a firearm by a person convicted of a felony is a felony itself. Anyone convicted of a crime who wishes to possess a gun should read the below law carefully. When this article says “possess,” that refers to the possession, use, sale, transport, purchase, ship, carry, receive, or distribute a firearm or ammunition (basically anything related to the firearm is to be avoided). Be sure to read the definition of “felony” and “specified felony” at the […]

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Whatever Happened to the California Man Charged with a Caffeine DUI?

In California last year a man was charged with driving under influence. The only substance in his system – caffeine. The police officer observed erratic and reckless driving, and believed the man to be under the influence of drugs when the man was amped up and agitated. A drug test came back negative for all substances except caffeine. The prosecution refused to drop the charges for almost a year, convinced the man must have been under the influence […]

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Prescription Medication DUIs

The operating while intoxicated laws make it possible to be charged for driving under the influence of your prescription medications, even if a physician prescribed the medicine to you. The Law The OWI law makes it a crime to drive under the influence of a controlled substance (non-schedule I). The phrase “under the influence” means your ability to drive was substantially lessened by the substance. There is no amount of the drug that will make you legally intoxicated […]

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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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ArborYpsi Law Areas of Practice: Drunk Driving, Marijuana, Drug Cases

Here at ArborYpsi Law we focus on a couple of areas of law where we can especially be of service. Drinking and Driving Cases ArborYpsi Law represents people accused of drinking and driving. A DUI is a crime that is easy to commit and serious at the same time. A DUI conviction will be on your record for life. There is no such thing as an expungement for a DUI. Whether the conviction is for operating while intoxicated […]

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A Few Quick AYL Articles on Interesting Topics: Drunk Driving, PBTs, Possession of Firearms While Intoxicated, and Other Firearm Issues

In an a trial on operating while intoxicated charges, the preliminary breath test (PBT) results cannot be used as evidence against a person, except under limited circumstances. But can the prosecution use PBT results in other cases, such as disorderly conduct or possession of a firearm while intoxicated? Read the answer to this question in our article on People v. Booker. A person is not allowed to possess a firearm while they are intoxicated from drugs or alcohol. […]

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