In People v. Pace, the Court of Appeals discusses the criminal intent necessary for a conviction of a charge of moving violation causing serious impairment of a body function to another person. The Court concluded that a defendant must be negligent for a conviction, only that the defendant committed the…
The Michigan Court of Appeals case of People v. Jeffrey Williams analyzes the question of whether in the misdemeanor of indecent exposure an “open exposure” occurs when only the defendant witnesses the exposure. This blog article will break down that questions. Michigan Indecent Exposure Law In Michigan, it is a…
The Court of Appeals in People v. Lyon ruled that an electric four-wheeled scooter is a vehicle for the purposes of an operating while intoxicated charge. Facts of the Case The Defendant in this case was riding a slow-moving electric four wheeled scooter down the curb of the road. The…
Let’s say a police officer pulls you over and smells alcohol on your breath. Is that enough basis for the officer to make you get out of the car and ask you to perform field sobriety tests? The Court of Appeals in the case of People v. Rizzo said yes.…
Super Drunk Driving Defined Courts and newspapers refer to “Super Drunk” driving and I am asked what is the definition of this crime. To be convicted of the crime of operating while intoxicated in Michigan a person must have a blood alcohol content (BAC) of 0.08 or over. However, when a…
In Michigan, it is against the law to possess a controlled substance or controlled substance analogue, unless the substance was obtained legally by a physician. MCL 333.7402 Possession of Narcotics and Cocaine A person in possession of a Schedule 1 or 2 narcotic drug or cocaine is subject to the…
This article lists the Schedule 3 substances with brief descriptions. The article goes on to discuss the law surrounding possession and driving under the influence of a schedule 3 substances. What defines a Schedule 3 Substance? A Schedule 3 substance is a substance That has less potential for abuse than…
An updated law will help expand a person’s ability to clear convictions from a criminal record. Known as an expungment or a motion to set aside a conviction, removing a criminal conviction from your record can help eliminate the lingering effects of a conviction that is hurting present day job…
Everyone knows that the legal limit for driving a car is a blood alcohol content of 0.08. What many do not know is that until now the legal limit for operating a boat was actually a little higher, at 0.10. This has finally changed, though, as the legal limit for…
This article lists the Schedule 1 substances, with a discussion of the charge operating with the presence of a schedule 1 substance or cocaine at the end. MCL 333.7212. What is a Schedule 1 Substance? A schedule 1 substance is a substance that has a high potential for abuse and…