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We recently obtained dismissal for our client charged with OWI Child Endangerment. Our client was a non-citizen with a temporary worker’s visa. A criminal conviction meant he could have lost his visa.

What Happened

Our client was driving about 110 mph down the highway with a young child in the car. However, our client had not been drinking or using drugs whatsoever.

The arresting officer was new on the job. The officer didn’t look at the law too closely before writing the misdemeanor ticket. Nevertheless, the officer’s mistake could have been costly to the client, who had his work visa at stake.

The Court of Appeals in People v. Booker answered the question of whether a preliminary breath test (PBT) may be used as evidence against a person in cases that don’t involve a drinking and driving charge. In a drunk driving case, the results of a PBT are cannot be used as evidence except for in limited situations.

The Court decided that the results of a preliminary breath test may be used as evidence in cases other than drunk driving cases.

Facts of the Case

The Defendant was charged with possession of a firearm while under the influence of alcohol. The Defendant brought a pre-trial motion challenging the use of the PBT as evidence in the trial, citing the drunk driving’s law treatment of the PBT as evidence.

This post is about schedule 2 controlled substances under MCL 333.7214, with brief descriptions. Then the post goes on to discuss the charge commonly referred to as drugged driving.

What is a Schedule 2 Controlled Substance?

A substance is considered a schedule 2 controlled substance, when the

  • Substance has a high potential for abuse
  • Substance has currently accepted medical use, or currently accepted medical use with restrictions
  • Abuse of the substance could lead to severe psychic or physical dependence

What are the Schedule 2 Controlled Substances?

Any of the following substances, except those narcotic drugs listed in other schedules, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by combination of extraction and chemical synthesis:

The term ‘7411’ is short for the statute MCL 333.7411, which is the drug deferral program for first time offenders. This provides an opportunity for people to keep first-offense drug possession and use charges off their record.

What is the 7411 Deferral Program?

A 7411 deferral is where a person is placed on a period of probation and the case is made non-public. After successful completion of probation, the conviction will remain a non-public record.

This article lists the Schedule 5 substances with brief descriptions. The article then discusses possession of a Schedule 5 substance and drugged driving (OWI).

What is a Schedule 5 Substance?

A schedule 5 substance

  • Has a low potential for abuse relative to schedule 4 drugs
  • Has currently accepted medical uses in the U.S.
  • Has limited physical dependence or psychological dependence liability relative to the controlled substance on schedule 4, or the incidence of abuse is such that it should be dispensed by a practitioner

List of Schedule 5 substances

  • Loperamide – treats diarrhea

Any compound, mixture, or preparation containing any of the following limited quantities of narcotic drugs or salts of narcotic drugs, which includes 1 or more nonnarcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture, or preparation valuable medicinal qualities other than those possessed by the narcotic drug alone:

Ypsilanti Criminal Defense Attorney

At ArborYpsi Law, we regularly represent Ypsilanti residents charged with crimes. We are familiar with the people and the courts having been located in Ypsilanti for many years.

Eastern Michigan University

We understand the legal issues experienced by Eastern Michigan University students. Many students find themselves charged with crimes familiar to young people, including:

  • OWI/DUI
  • Fake ID
  • Disorderly Conduct
  • Assault

Many students are understandably concerned with keeping criminal convictions off their record.

Ann Arbor has a city ordinance regulating the use of the glues used as inhalants to get high.

The Ordinance

The City of Ann Arbor has an ordinance on the books that states:

No person shall inhale, drink, eat or otherwise introduce into his respiratory or circulatory system, any model glue as defined herein, with the intent of inducing intoxication, elation, a dazed condition, paralysis, irrationality, or in any manner distorting or disturbing the eyesight, thinking process, judgment, balance, or coordinating of such person.

This article lists the Schedule 4 substances with a description of the drug.

A Schedule 4 Substance is;

  • A substance that has a low potential for abuse relative to substances in schedule 3.
  • A substance that has currently accepted medical use in treatment in the United States.
  • Abuse of the substance may lead to limited physical dependence or psychological dependence relative to the substances in schedule 3.

Controlled Substances included in Schedule 4:

Any material, compound, mixture, or preparation containing any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system, including their salts, isomers, and salts of isomers if the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation:

  • Barbital – Barbiturate, long acting sedative and sleep inducing
  • Chloral Betaine – Sedative-hypnotic drug
  • Chloral Hydrate – Sedative-hypnotic drug
  • Chlordiazepoxide – Sedative
  • Clonazepam – – Sedative, used to treat anxiety
  • Clorazepate – Sedative
  • Dextropropoxyphene – analgesic in the opioid category
  • Diazepam – Sedative
  • Ethchlorvynol – Sedative
  • Ethinamate – Sedative, used to treat insomnia
  • Flunitrazepam – benzodiazepine, known as Rohypnol
  • Flurazepam – Sedative
  • Lorazepam – Sedative
  • Mebutamate – Sedative
  • Meprobamate – Anxiolytic
  • Methohexital – Anesthetic
  • Methylphenobarbital – Sedative, used as an anticonvulsant
  • Oxazepam – Sedative
  • Paraldehyde – Sedative
  • Petrichloral – Sedative
  • Phenobarbital – Barbituate
  • Prazepam – Benzodiazepine

Any material, compound, mixture, or preparation containing any quantity of the following substances having a potential for abuse associated with an effect on the central nervous system, including their salts, optical, positional, or geometric isomers, and salts of the isomers if the existence of the salts, isomers, and salts of isomers is possible:

In the case of People v. Nicolaides, the Michigan Court of Appeals answered a long-standing question related to drunk driving trials at the time the case was decided. Although the issue is well-settled, the case is still important for drunk driving lawyers to understand when going to trial.

The Issue

The defendant was charged with operating a motor vehicle while under the influence of liquor, and with operating a motor vehicle with a blood alcohol content of .10 or over. The case was in the 48th District Court in Bloomfield Hills.

The Defendant wished to force the prosecutor to choose which theory to proceed on at trial. This would make the Defendant’s life easier, because then he would only have to defend against one theory of guilty instead of two theories.

The potential penalty for manufacturing drugs, dealings drugs, or possession with intent to distribute drugs depends on the type of drug and the amount of the drug involved.

Schedule 1 or 2 Narcotics or Cocaine

Less than 50 grams is a felony, punishable by;

  • Up to 20 years in prison
  • $25,000.00 fine, or both

50 – 450 grams is a felony, punishable by;

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