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From the monthly archives:

June 2010

Texting Law May Allow Phone Email and Text Searches

June 29, 2010

Michigan’s new texting law is about to go into effect so of course it’s been the topic of conversation among defense attorneys. According to attorney Stuart G. Friedman: There are more holes in this law than in the IRS tax code.  We face two separate issues with this law:  (a) can we win our own [...]

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Penalties for a Michigan DUI

June 18, 2010

If you have been arrested for drunk driving in Michigan, one of the first things on your mind is “what will happen to me?”  In other words, “what are the penalties for a Michigan DUI?” Well, as you may have guessed, there are very few absolutes when it comes to punishment, and even figuring out [...]

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Michigan Felony Drunk Driving Penalties

June 17, 2010

Michigan has adopted sentencing guidelines that apply to all felony cases including felony drunk driving.  In Michigan, felony drunk driving with injury or death is a “crime against the person” and a class “C” felony, and is punishable by up to 15 years.  There is no minimum sentence for these more serious drunk driving offenses. [...]

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Michigan Now More Tolerant to Operating Under Influence of Marijuana

June 11, 2010

There are four ways for a prosecutor in Michigan to prove that you were drunk driving or “OWI” (operating while intoxicated).  Two of them involve alcohol (OUIL/UBAL) and two of them involve drugs (OUID/OWPD). To show that a person was OWI due to OWPD (operating with presence of drugs), a prosecutor must only show that [...]

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More Faulty Breath Tests

June 10, 2010

Breath test results are the most common forms of evidence used to convict Michigan drivers accused of drunk driving.  There is an expectation and a trust that because these breath testing machines, in Michigan called “DataMasters,” are properly maintained by the police.  Other states have shown that this trust is often misplaced. This time the [...]

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Texting While Driving Causing Death

June 7, 2010

On July 1, 2010, Michigan will have a new law on the books that makes it unlawful to text while driving.  The actual verbiage of this new law follows this article, but the law essentially states that a person “shall not read, manually type, or send a text message while operating a motor vehicle that [...]

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Schumer Says Technology Will End Drunk Driving

June 4, 2010

Always a glutton for media attention, U.S. Senator Charles “Chuck” Ellis Schumer has involved himself in such controversial and well-covered issues as immigration reform and universal voter registration. Schumer’s latest quest for the media lime-light includes his push for legislation “to boost alcohol-detection technology in cars, which he said could greatly reduce drunk driving — [...]

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Drunk Driving Declines in Rochester Michigan

June 3, 2010

The Rochester Post has just reported that the number of people drunk driving in Rochester Michigan is down significantly this year.  According to the article: Data collected over the past two years shows a pattern of decline for drivers caught operating while intoxicated, said Rochester Police Chief Steve Schettenhelm. According to the city’s records, there [...]

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