Greg Harris said. It would be much too difficult to prosecute a case without evidence of bad driving, he said.
A Michigan Supreme Court decision in ruled that medical marijuana card holders could not be prosecuted simply for having THC in their system. Because their use of marijuana was legal with the card, and THC metabolites can remain in the body for almost a month, the court ruled that evidence of impaired driving was needed for a conviction. Multiple departments in the Lansing area have cases where a driver was stopped for a broken taillight or expired registration, then arrested for OWI when the officer saw or smelled marijuana.
One of those cases involved year-old Kevin Rodriguez, who was pulled over in November for not wearing a seat belt. That alone used to be enough to charge someone with an OWI.
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Police could have stopped their investigation there, Anderson, the Eaton County prosecutor, said. In the Rodriguez case, an officer had him perform roadside sobriety tests, like walking heel-to-toe in a straight line and balancing on one foot.
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Police arrested him for operating under the influence of a controlled substance, and he was later charged in East Lansing 54B District Court. In Colorado, Montana, Nevada and Washington, drivers with 5 nanograms or more of active THC in their system can be prosecuted for operating under the influence. The American Civil Liberties Union sued a Georgia police department for wrongfully arresting three people for driving while intoxicated because an officer with drug-recognition training believed they were under the influence of marijuana based on field sobriety tests.
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The blood tests for all three returned negative for cannabis. So far, no one has come up with a fool-proof way to police drugged driving.
Michigan DUI - 4 Terms you need to Know — Michigan Criminal Defense Lawyer Blog — July 6,
A conviction can literally ruin your career, future employment opportunities, and reputation. Examples of these penalties are below.
If a firefighter or police officer dies, it is considered a violation of Penalties for this crime are the same other than you will be sentenced to 20 years in prison. If you are a first-time offender and convicted of OWI, your license will be suspended for 30 days, followed by days of restricted driving privileges.
As you can see, Michigan DUI penalties are harsh regardless of whether you are a first-time or repeat offender.
Common Drunk Driving Charges and Penalties in Michigan
Our top priority is to defend your legal rights and protect you from a conviction, minimizing the negative impact a drunk driving offense can have on your life. Our Michigan criminal defense team brings more than years of combined experience to the table; our dedication, skill, experience, and aggressive approach make us an outstanding choice in legal counsel. Support undoubtedly stems from the significant death toll.
One person dies every 41 minutes in an alcohol-related crash. Of those deaths, 1, were attributed to drivers with blood alcohol content BAC levels under the national legal limit of. This underscores not only the need for stronger laws, but also for better education around where impairment begins, because it begins well before.
DUI 1st Offense in Michigan – Don’t Freak out; Everything will be Fine
Our attention, reaction time and decision-making are all impacted after the first few sips of alcohol. With an alcohol concentration of 0.
Opponents of lower alcohol concentration limits argue that moving to.