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February 22, 2019 Criminal Law and Procedure

Michigan had run a pilot program to determine the viability of roadside saliva tests for drug use in impaired drugged-driving cases. The saliva tests were given by officers certified in drug recognition evaluation (they call themselves experts, but it’s very questionable). Anyways, this pilot program focusing on drug DUIs was run in five counties. Of all the drugs tested for, marijuana was by far the most used. The program was not perfect – there were false positives, etc. Nevertheless, the Michigan State Legislature and our esteemed law enforcement entities were happy enough with the results to implement the program statewide in every county. Read about that here.

Sexual harassment and sexual misconduct can happen anywhere. But what about on airplanes? Sexual assaults on airplanes has either increased over the years or our awareness of it has increased. The Feds are looking to tackle in-air harassment and misconduct through new regulations. Will these new regulations lead to change? Read our article to find out.

The Michigan Medical Marijuana Licensing Board has been charged with overseeing rule implementation for medical marijuana issues in Michigan for some time. The cannabis landscape is shifting fast. We now have recreational marijuana with MRTMA. New rules are coming. New players are getting involved in the game. We also have a new governor – Governor Whitmer. Governor Whitmer has disbanded the Michigan Medical Marijuana Licensing Board. The old board was not moving fast enough for the new climate, and repeatedly had difficult maintaining a solid timeline.

If you are pulled over for an OWI and arrested, a police officer may ask you to take a chemical test. A chemical test could be either blowing into a breath machine at the station or could be a blood draw at a hospital. (Technically urine could be tested but your humble author has never seen the police go that route). The police will ask if you wish to submit to a chemical test. By having a driver’s license, we are deemed to have given “Implied Consent” to take the test already. Nevertheless, it is still possible for someone to refuse the chemical test. What Happens if You Refuse a Chemical Test? The refusal is not without risk – a person can receive harsh driver’s license consequences that are often worse for a person than the criminal penalty from an OWI conviction.

Will a DUI Prevent from Getting a CDL? Being a commercial driver is a lucrative job. Many truckers make more than a decent living. Once you have a CDL (A commercial driver’s license), holding onto it is supremely important. Certain criminal traffic convictions will result in damage to your CDL or your ability to get a CDL in the first place. One of those convictions is for operating while intoxicated or operating while visibly impaired. The driver’s license sanction from each of these can be different. Read our article to learn more.

What is a plea bargain? The vast majority of criminal cases are resolved through a plea bargain. This happens for a variety of reasons. When we watch TV and movies that portray lawyers we always seem them engaged in a trial battle. The reality is most cases go away quietly through plea bargain resolutions – deals in which a person admits responsibility in exchange for some sort of benefit given to them the prosecutor. Having an attorney that is skilled in negotiating plea bargains and knowing how they work is crucial. Plea bargain convictions can still have a tremendous impact on a person’s life and future. Read our article on plea bargain deals to learn more.

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Call attorney Sam Bernstein at 734-883-9584 or e-mail at

Sam Bernstein is an Ann Arbor Lawyer specializing in Criminal Defense.

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

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ArborYpsi Law – We Only Do Criminal Defense

At ArborYpsi Law we strive to bring top-notch representation to all our clients. That starts with a commitment to provide attention to you. When you hire us you get a cell phone number. I text will all my clients who do so. I never ignore clients. You will always hear from me. I speak with a person before every court date. None of my people go into court without a full understanding of the situation – what will happen in court, the risks and benefits of certain actions.

We also continuously study the law and trial skills to better serve our clients. We know you’re in a tight spot when charged with a crime. Facing a trial is scary. You deserve a lawyer who cares about winning and devotes time to being the best possible lawyer in that situation. That’s who we are. We regularly attend seminars and classes designed to better our skills to deliver at game time for you. We also consistently study the law because the law is always changing. Do you want an attorney who is stuck in their ways? Or do you want an attorney who focuses on a commitment to improvement like how we do.

Call us to see how we can help. Charged with a crime? Get a free initial consultation. We will explain the law, the process, and your options. Then we will explain what we can do for you as your attorney.