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September 24, 2019 Criminal Law and Procedure

ArborYpsi Law stays up to date on the changes to criminal law and topics of popular attention.

In an all too common case, parents are being charged with leaving children unattended in a vehicle. This is a crime in Michigan (and other states). The severity of the punishment can depend on if the child or children suffered harm. This author recently so a young man receive 10 days in jail for leaving two children in a car for two hours on a particularly hot day. Are all these cases the same? Should all parents receive the same punishment? Or is it possible that some or many of these parents are truly making a mistake and not leaving the children in the car intentionally? This is a topic that is hotly debated right now. Read our article on the charge of leaving children in the vehicle unattended to learn more.

A person can be charged with operating while intoxicated as a felony if a the person has two or more prior OWI convictions. This is known as a sentencing enhancement. But just because a person has been convicted of prior OWIs does not mean they are necessarily guilty on the third-offense. Check out this story of a southern woman charged with a felony DUI. She was charged, but then later evidence revealed that she might not have even been driving! Obviously, a person must be operating a vehicle for them to be guilty of operating a vehicle while intoxicated. Check out the story to learn more. ArborYpsi Law always stays up to date on these stories – to better fight OWI charges and better serve our clients.

The Supreme Court of the United States recently ruled that police may take the blood from unconscious drivers in DUI cases without warrants in some cases. This is from the case of Mitchell v. Wisconsin. This case has the potential to change some DUI laws in Michigan and also has the potential to lead to more litigation. The takeaway from the case is it may be easier in some cases for police to get the blood from some suspects that it previously was. At AYL we always focus on the changing DUI laws. Unfortunately and unfairly for our clients, the DUI laws generally change in the direction that is not favorable to our clients. We will always keep fighting nonetheless. No matter what the court continuously do, you will always have the right for a jury to hear your case and will fight for you in front of that jury.

It’s important for cops to know the law. Police pull people over for suspected violations of the law. There are some cases where courts will excuse an officer for pulling someone over even though the officer got the case law wrong. Not in this case. In this case of People v. Owens, the police officer pulled a car over for speeding. However, it turned out the car was not speeding according to local law. The Court said the officer should have known the speeding law. The person had been charged with drinking and driving.

Call ArborYpsi Law 

Call Sam Bernstein at 734-883-9584 or e-mail at bernstein@arborypsilaw.com.

Sam Bernstein is a Washtenaw County Criminal Defense Attorney.

ArborYpsi Law is located at 4158 Washtenaw Ave., Ann Arbor, MI 48108.

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