Wednesday, October 13, 2010

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September 2010

Travel to Canada Not Allowed After Michigan Drunk Driving Conviction

September 28, 2010

Michigan shares a rather large border with Canada and so it is very common for Michigan residents to travel to Canada for both business and pleasure.  Being convicted of even a single instance of drunk driving can complicate such travel. According to an excellent  In and Out of Canada Article written by top DUI lawyer [...]


Field Sobriety Testing in Michigan

September 28, 2010

The National Highway Traffic Safety Administration (NHTSA) has developed standardized procedures for the administration of the three field sobriety tests (FSTs) which NHTSA considers the most reliable. These standardized FSTs (SFSTs) are taught to and used by police officers across the country when investigating DUI cases.  These FSTs are used in Michigan for investing Michigan [...]


In a Michigan DUI Trial Evidence of Alcohol Tolerance is Prejudicial

September 22, 2010

In a prior article we discussed why a prosecutor should not be allowed to suggest to a jury during a Michigan DUI trial that a driver has prior experience with alcohol.  However, if the court were to find that evidence of alcohol tolerance is somehow relevant in a drunk driving case then to be admissible [...]


Michigan’s New Roadside Drug Testing Law

September 21, 2010

A new law has been proposed in Michigan, 2010-HIB-6432, that would allow the use of a roadside saliva drug test.  The law proposes to amend 3 sections of the Michigan motor vehicle code pertaining to the offense of OWI (operating while intoxicated), and also adds 1 new section.  This new law is sure to increase [...]


Alcohol Tolerance is Not Relevant in a Michigan DUI Trial

September 13, 2010

As was pointed out in a prior article, during a Michigan DUI trial some prosecutors may hint at, attempt to elicit testimony about, or perhaps even simply argue that the defendant is tolerant to alcohol.  What follows is an explanation as to why the existence or non-existence of alcohol is not relevant during a Michigan [...]


Michigan Drugged Driving Cases to Increase

September 9, 2010

As Michigan drunk driving arrests continue to decline so also does the State revenue attributable to such arrests.  One way to increase State revenues is to simply broaden the net, in other words, to increase the number of people who may find themselves in violation of Michigan’s OWI law. Broadening the net may mean lowering [...]


The Science of Alcohol Metabolism and Tolerance

September 7, 2010

Sometimes, as part of a zealous attempt to obtain a conviction in a drunk driving case, a prosecutor may hint at, attempt to elicit testimony about, or perhaps even simply argue that the defendant is a drunk.  While a prosecutor will rarely actually say this, they will often suggest, intimate or actually assert that the [...]