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The United States Supreme Court Court case of Melendez-Diaz v. Massachusetts held that a laboratory report cannot be admitted into evidence without the lab technician testifying in person. The holding is based on the reasoning that the Confrontation Clause of the Sixth Amendment requires the lab technician testify in person.

Facts of the Case

Melendez-Diaz was suspected of perhaps drug dealing activity. The police detained him and eventually found cocaine. At trial, the prosecutor moved to admit laboratory certificates of analysis that claimed the substances found on Melendez-Diaz were cocaine. The defense objected to the admission of these certificates at trial without a lab tech there to testify, claiming the use of the lab certificates violated the Confrontation Clause per Crawford v. Washington because the lab certificates were testimonial.

The Sixth Amendment and the Confrontation Clause

The United States Constitution in the Sixth Amendment provides that “in all criminal prosecutions, the accused shall enjoy the right…to be confronted with witnesses against him.” In the case of Crawford v. Washington, the Court held that the Sixth Amendment guarantees a defendant’s right to confront those who “bear testimony” against him. The witness must appear in trial, or  if the witness becomes unavailable, the defendant must have had an opportunity for prior cross examination.

Have you been given a ticket for careless driving or been charged with reckless driving? The charges might sound similar but there are large differences.

Careless Driving

Careless driving is defined by the statute as driving in a careless or negligent manner likely to endanger any person or property, but without wantonness or recklessness. MCL 257.626b.

Careless driving is a civil infraction. The Secretary of State will assess 3 points on your driving record for a finding of responsibility of careless driving. In addition, you are unable to take the basic driver improvement course to get the points removed from your record and keep the ticket off your record.

In Ypsilanti Township, it is a misdemeanor to own a pit bull that is not spayed or neutered.

Exceptions to The Rule

The prohibitions against unspayed or unneutered have some exceptions:

  • This does not apply to pit bulls under the age of 16 weeks
  • Pit bulls registered with the AKC or UKC and that appear in dog shows sponsored by those associations at least once a year
  • A pit bull with a chronic or debilitating disease or medical condition whose health will be seriously, permanently and detrimentally affected if it is spayed or neutered
  • A dog certified by the Humane Society of Huron Valley as having less than five of the below listed characteristics of most pit bulls.

What is a Pit Bull Exactly?

The Ypsilanti Township Ordinance defines pit bull as;

There are criminal laws protecting law enforcement animals. This post provides an overview of the law and potential punishments for violations related to law enforcement animals.

Illegal Acts under this Law

A person shall not cause serious physical harm or intentionally kill a police horse, police dog, or a search and rescue dog.

Doing so could be charged as a felony, punishable by;

In the case of People v. Raper, the Court of Appeals discusses the interrogation aspect of custodial interrogation as it relates to Miranda warnings.

The Facts

The Defendant in this case was convicted at a jury trial of first degree murder, carjacking, and possession of a firearm during the commission of a felony.

Knowledge is power and understanding the traffic laws helps avoid traffic tickets. Know how to deal with yellow lights? This article discusses the law regarding traffic and yellow lights.

Steady Yellow Lights

A steady yellow means a solid yellow light, as opposed to a blinking yellow light. When you come to an intersection with a steady yellow light you are supposed to stop if you stop safely. However, you may go through the intersection cautiously if you are unable to stop safely.

The exact language of the law reads, “If the signal exhibits a steady yellow indication, vehicular traffic facing the signal shall stop before entering the nearest crosswalk at the intersection or at a limit line when marked, but if the stop cannot be made in safety, a vehicle may be driven cautiously through the intersection.” MCL 257.612

The Court of Appeals took up the issue of a person sleeping in a car and charged with drunk driving in the case People v. Solmonson.

Defendant Solmonson was convicted at trial of operating a motor vehicle under the influence of intoxicating liquor, third offense, as well as driving on a suspended license and possession of an open intoxicant.

The Facts

In this case, the police found the Defendant unconscious in his car, and with an open beer between his legs at 3:45 in the morning. The car was parked outside of the fog lines but still on the pavement. The keys were in the ignition, the engine was off but still warm. There were five full cans of beer on the passenger seat and one empty beer can in the backseat.

In the Michigan Supreme Court case of People v. Miller, the Court held that punishments for convictions for both operating while intoxicated and operating while intoxicated causing serious impairment of a body function violated the double jeopardy provision for multiple punishments.

The legislature did not intend for there to be a person to receive multiple punishments for operating while intoxicated and operating while intoxicated causing serious impairment.

Facts of the Case

The facts of the case are straightforward. Defendant Miller was driving a car with his girlfriend as a passenger. He had a blood alcohol content measured at .17. There was an accident, resulting in the girlfriend breaking her collar bone. Defendant was charged with one count of operating while intoxicated (OWI) and and one count of operating while intoxicated causing serious impairment of a bodily function (OWI-injury). A jury convicted him on both counts. Defendant was sentenced to nine months in jail and five years of probation based on both the OWI and the OWI-injury counts.

Canton Criminal Defense Attorney

Located a short distance from Canton, ArborYpsi Law has represented hundreds of clients in the 35th District Court.

Criminal Defense

We represent clients on:

  • Traffic Tickets
  • Domestic Assaults
  • Retail Fraud

DUI & OWI

ArborYpsi Law defends clients from DUI charges. Read our articles for more information.

In State of Montana v. Pinder, the Montana Supreme Court case took up the issue of whether a chemical inhaled to get high is a “drug” under the driving under the influence law.

What Happened in the Case

The facts of the case are simple. Mr. Pinder was arrested for driving while intoxicated by a chemical known as DFE, which stands for 1,1-Difluoroethane. DFE is found in refrigerant-based propellants used in cleaning products for electrical equipment such as keyboards.

DFE is inhaled through a process called huffing. Use of DFE can produce loss of inhibitions, dizziness, lightheadedness, delusions, and hallucinations.

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