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Lansing Criminal Defense Law Blog

3 Myths About Getting Pulled Over For DUI/OWI

If you get pulled over for operating while intoxicated (OWI) or driving under the influence (DUI) of drugs of alcohol, you are facing very serious criminal charges. Even a first offense for DUI or OWI in Michigan can carry expensive fines, jail time or community service. You also have to deal with the Secretary of State who could revoke your driving privileges.

These charges and penalties are serious, but there are some things you can do to improve your chances of a strong defense. Knowing your rights can help protect you if you are ever in this situation.

New Michigan Pilot Program Could Subject Drivers to Roadside Drug Testing

Effective September 22, 2016, the State of Michigan has approved a new pilot program that would enable law enforcement to conduct roadside tests in order to determine if a driver is under the influence of any controlled substances. This new pilot program will be established in five separate counties throughout the State and will last for one year before it is evaluated for effectiveness, and a decision as to whether or not to continue the program will be made. In order for a county to be eligible to participate in the pilot program they must have a law enforcement agency, such as a state police post, a sheriff's department, or municipal police department, where at least one officer who is a certified drug recognition expert is employed. A certified drug recognition expert is a person who is trained and able to identify if a person is under the influence of illicit drugs, in addition to alcohol. The county must also create a written policy and guidelines for the implementation of their procedure, after the state police have created their own administrative rules for the new program.

When MSU students are charged with DUI by campus police

It is surprisingly easy to drive with a blood alcohol level above the legal limit. Because alcohol metabolizes somewhat differently under different circumstances, some people are surprised to discover that they feel completely sober even though their blood alcohol level is above the legal limit.

Many young adults first begin imbibing alcohol during their college years. As a result, a startling number of college students are charged with drunk driving on an annual basis. This reality should perhaps be unsurprising, given that new drinkers must adjust to the idea that they cannot always trust the body's signals to tell them when they are legally intoxicated. Of these college-age drivers who are accused of drunk driving, many are pulled over by campus police on campus property.

The Permitted Use of Marihuana, What You Really Need to Know

In 2008, Michigan voters approved a referendum permitting the use of marihuana for medical purposes. This voter referendum led to the creation of the Michigan Medical Marihuana Act (MMMA). The MMMA creates an immunity from arrest, prosecution, and penalty for the use of marihuana by qualified patients, who are in full compliance of the Act. Additionally, the MMMA provides a defense for those who are not completely within the requirements of the Act.

Pokémon GO: The New Craze That May Result In Legal Ramifications for Many


Last month Pokémon GO was released in the United States, and a new craze was quickly born. Pokémon GO is described as an augmented reality game that was created for users to play on their cell phones. The game is based on the Pokémon franchise, a Japanese company owned by Nintendo. Players of the game create their own Pokémon trainer whose purpose is "to catch 'em all," as well as to battle with other trainers and win Pokémon Gyms. Pokémon are animal like monsters, in fact the name Pokémon is actually short for the original Pocket Monsters. There are approximately 151 different Pokémon roaming around homes, businesses, parks, schools, airports, and anywhere else a person may travel. Some of these Pokémon are more rare than others and thus more difficult to find. Additionally, in order to catch a Pokémon, a player must first acquire supplies such as poke balls to catch or eggs to hatch them, which are located at several different "poke stops." A poke stop can be found at several different types of locations, they may be monuments, businesses, homes, bodies of water, etc. Though the game seems harmless, it has caused quite the uproar across the country amongst both enthusiasts and adversaries. Pokémon GO has been cause for several legal questions and has even resulted in charges for crimes across the country.

Is Your Driving Making You a Cop Magnet? These 5 Driving Habits Could Be the Problem

While most drivers log thousands of miles behind the wheel with little or no law enforcement contact, others seem to attract flashing blue lights just by driving to the grocery store. If you are among this less fortunate group of drivers who seem to have become cop magnets, the reason may simply be due to some poor, but common driving habits that you can work on improving.

CAUTION FOR STUDENTS ACCUSED OF SEXUAL HARASSMENT ON MSU CAMPUS

Michigan State University has taken a very aggressive stance on students accused of sexual harassment. Sexual harassment includes stalking or criminal sexual conduct (sexual assault). The university has been under increased scrutiny by the federal government as a result of numerous complaints from alleged victims who feel that perpetrators are either not dealt with or that they are dealt with in a casual and unfair manner. Increased pressure has included threats by the Feds to withhold funding from various programs at MSU. As result of the threats, a number of new personnel were hired by the university, many of them attorneys, to both modify the sexual harassment process as well as to implement the process.

Commutations

As of June 2016, President Obama has commuted the sentences of 348 persons, a number greater than that of the past seven presidents combined. Of these 348 persons, many were serving lengthy sentences for nonviolent drug crimes. Had these offenders been sentenced under current sentencing guidelines, they would have already served their time and been released from prison.

Michigan Legislature Takes Aim at Revenge Porn

This May, the Michigan House of Representatives passed a series of bills aimed at preventing the practice of posting sexually explicit photos of a person online without their consent. Commonly known as "revenge porn," this often occurs after a romantic relationship comes to a turbulent end.

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