Thursday, July 29, 2010

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unlawful police action

Blood Tests in DUI Cases Not Always Accurate

May 26, 2010

Many Michigan DUI lawyers see blood tests as nearly impossible to defend.  This may be due to a lack of knowledge on their part, or it may be due to a belief that jurors see blood tests as irrefutable.  Regardless of the basis this belief is simply not true.  Armed with the right knowledge, blood [...]

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Wrongly Accused of a Michigan DUI?

February 23, 2010

If you feel you have been wrongly accused of drunk driving in the state of Michigan, you could be right. Recently, in a Vermont court room, one judge issued an order against a state trooper who claimed that the driver’s BAC (Blood Alcohol Content) was 0.102 in order to support license-suspension citation when in fact [...]

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What do Global Warming and Drunk Driving Defense Have in Common?

December 1, 2009

Answer: Scientists involved in the prosecution of drunk and drugged driving and global warming both use science and scientific principles to make their case.  Some also believe that both misuse science and hide the truth in order to mislead the public. Regarding global warming this point is made in an article entitled Secrecy in science is a [...]

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Drunk Driving Traffic Stops and Interlocks

October 22, 2009

As originally conceived the United States Supreme Court was intended to be a final check on the police power.   And to a lesser extent, so it is with all judges, who collectively form one of our three branches of government. The central goal behind the idea of having three branches of government is that a [...]

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In DUI Breath Testing a “Long Blow” Can Falsely Raise Result

September 20, 2009

You’ve just been arrested for drunk driving and the police officer asks you to blow “long and steady into the machine until told to stop.” Why did the drunk driving task force officer use that peculiar language?  Well, it may just be that the officer is trying to justify his decision to arrest you for [...]

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Michigan Minor in Possession Law Ruled Unconstitutional

September 15, 2009

On September 10, 2009, the Michigan Court of Appeals ruled that Michigan’s MIP (minor in possession) law was unconstitutional. The name of this new case is City of Troy v. Chowdhury. Although the Chowdhury case addressed only the Troy MIP city ordinance by extension it applies to the state statute as well.  This is because [...]

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Despite Risk of Death Poorly Trained DUI Police to Begin Drawing Blood by Force at Roadside

September 14, 2009

Being pulled over for drunk driving may soon mean having the police draw your blood against your will.   And it won’t be a doctor, nurse or paramedic sticking the needle in your arm.  No, the blood will be drawn by the police officer right there at the side of the road. Think this can’t happen [...]

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In Drunk Driving Cases Michigan Prosecutors Interested Only in Conviction

September 13, 2009

What is the role of a prosecutor in a drunk driving case?  One answer might be to obtain a conviction.  While true, this is really only part of a prosecutor’s role.  In fact, one may argue that it is a secondary goal.  A prosecutor’s primarily role in a drunk driving case is the same as [...]

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Common Defenses in DUI Cases

June 25, 2009

The first thing we do when we look at a case is to determine if there are any “legal” defenses.  This inquiry asks the question “did the police violate the law?”  The next thing we do when we look at a case is determine if there are any “factual” defenses.  Factual defenses are basically trial [...]

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I Will “Defy Hell” on Behalf of My Clients!

June 25, 2009

When I’m at a cocktail party and someone asks me what I do for a living, and I tell them that I defend drinking drivers, the conversation often ends quickly.  One reason lawyers and in particular criminal defense lawyers, and even more in particular, lawyers who represent “drunk drivers” are so unpopular is because our [...]

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What Should You Do If You Are Pulled Over For Drunk Driving?

June 25, 2009

It appears that the most popular video on YouTube on the topic of drunk driving is my video entitled “What Should You Do If Pulled Over For Drunk Driving.”  In this video I am specifically referring to the Michigan drunk driving laws and the Michigan Implied Consent Law. In this video I explain why you should [...]

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Michigan Police Unlawfully Enter Home and Arrest Occupant for Drunk Driving

June 22, 2009

In Michigan, when the police find a vehicle that has been in an accident, abandoned or otherwise left by the side of the road, it is not unusual for them to go to the home where the abandoned car is registered, enter the home and arrest the occupant for drunk driving.  In many cases this is [...]

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