The Clark         Law Office

The State of Michigan has some of the harshest laws in the country when it comes to cracking down on drunken driving and for good reason, it’s dangerous.  We are even one of the few states that have enacted a Super Drunk Law which targets driving with a blood alcohol content over .17. We have provided some interesting statistics for both drunk driving and also the corresponding consequences you may be facing after a DUI charge.

A drunken driving charge is not something that should be taken lightly and it should be considered a serious crime since the courts treat it this way as well.  In reality it’s one of the few serious legal charges that most people could be facing during their lifetime.  The results of this charge can potentially change your life and it’s important that you stay informed of the laws and your rights.  Defending drunken driving charges can be quite complicated due to the simple fact that most of the evidence obtained against you is scientific in nature.  For this reason alone, you should contact an attorney familiar with the intricacies of Michigan DUI laws and the experience that it takes to successfully defend a complex DUI charge.  For more information regarding drunk driving in Michigan, click here.  We hope you find this infographic helpful!

Just when you thought the Michigan Marijuana Laws couldn’t get any worse or more confusing, lawmakers gave their approval on 4 different bills which will clearly have a large impact on current card holders as well as new applicants.  The bills were aimed to increase regulations surrounding the law and to “clarify” some points which many have been unclear.  These bills have been going through the legislation process for months and had input from parties on all sides.

The four bills which were approved include HB 4834, HB 4851, HB 4853, and HB 4856.  If you are a cardholder or thinking about becoming a patient or caregiver, I recommend taking a few minutes and looking these bills over individually.  There are some major legal impacts which you need to be aware of and it’s important to keep yourself informed.  Here is an outline or summary of what the major two bills cover and how they might effect you.  I plan on putting up another blog post about the other two bills in the next week or so.

The first Bill which I will discuss is HB 4834.  Essentially this bill deals with the logistics of applying and reapplying for a medical marijuana card.  The state of Michigan has found that their current process for reviewing applicants is too slow and as a result there is a major backlog of applications which is causing some major headaches.  To resolve this issue, the state now will require a driver’s license or some form of identification provided by the state of Michigan.  They are also changing the term limits of application.  It used to be that you have to apply every year and they are now only requiring it once every two years to reduce the amount of paperwork/labor.  The two most controversial points include allowing the state to sub-contract to private firms which will take the load off of processing medical marijuana cards.  On top of this, this bill also allows the Dept. of Licensing and Regulatory affairs access to the marijuana registry.  The instructions include giving out information to police in order to verify whether someone is a cardholder.  Seems like the more people with access to this list the less private it really becomes, but that’s probably the goal anyways.

The other major bill (HB 4851) makes changes to the patient-doctor relationship by requiring a “bona-fide” relationship.  This language is confusing in itself and once I again I recommend reading the bill closely as this topic requires another blog post in itself.  This also makes changes to how medical marijuana should and has to be enclosed.  I have no problem with the enclosure portion of the bill as long as the police and authorities stay consistent.  It’s not that hard to make sure it’s locked and only authorized people have access.  Now here’s the kicker.  If you have been convicted of any type in the past decade or been convicted of a drug felony…..ever, you are no longer legally able to become a caregiver.  So what happens the currently registered users who now fall under this new category?  Unfortunately, you are not grandfathered in and you must stop providing for your patients regardless of the conditions of your patients and situation.

David M. Clark has been practicing law in the State of Michigan for over 30 years.  The Clark Law Office has been helping protect the medical marijuana community since it’s inception.  If you have been charged with a marijuana crime in Michigan, give our medical marijuana attorneys a call today for a free consultation by calling (517) 347-6900 today.

Bill Schuette, Attorney General of Michigan is determined to arrest and reduce the rising violent crime rate across the state. Schuette recently presented a proposal to the state assembly for an increase in the police workforce by 1,000. He described the current law enforcement numbers of police officers as being under staffed and over worked.

Schuette explained that due to the poor economic environment of the past several years that included the closing of some major employment plants, lack of employment opportunities, and the rising daily living costs as all having contributed to the steady increase in violent personal crimes.

Schuette recommended employing new officers using funds from the state’s $457 million surplus from last fiscal year. This would be a way to initially cover the growth in personnel. While these funds are currently available there is no guarantee that there will be similar surpluses in the future. It is anticipated that savings from current overtime pay will help to offset regular salary costs in the coming years. Another management tool would be to reduce the number of police officers as the crime rate decreases.

State representatives and the general public are completing for use of the same funding surplus. Some want the replacement of previous cuts to the education system and to low income public services.

Another proposal from the Attorney General is the enactment of a 4th Strike rule against repeat violent offenders. The proposed rule would require a minimum 25 year prison sentence, without any parole, once a person is convicted of a serious violent crime who already has been convicted of three prior felonies. Should this be enacted, Michigan’s 4th Strike rule would be more lenient than other states with a similar rule. Those other governing bodies use a 3 Strike rule.

A representative from The Clark Law Office has requested a definition of the term *serious violent crime* from the Attorney General. To date there has been no response to this request. This Michigan legal firm has pledged to pursue a definition and to keep the citizenry informed of any details learned.

David M. Clark and The Clark Law Office specialize in the practice of representing individuals charged with misdemeanor and felony violations throughout the state of Michigan. For additional information or to discuss a personal case, individuals are encouraged to contact one of their criminal attorneys personally at (517) 347-6900 for a free consultation.

The Genesee County sheriff is attempting to crack down on motorists driving under the influence of drugs and alcohol through the use of random checkpoints. This practice is extremely controversial as an infringement upon a person’s rights due to the ruling by the Michigan Supreme Court that sobriety checkpoints are no longer allowed. In other words, using such measures could be looked upon as a form of entrapment while law enforcement can stop any motorist who is driving erratically to perform a sobriety test at that time. Regardless, the police in Michigan continue to perform checkpoints and in an unpredictable manner. At one point they were performed daily. That strategy has been changed and now checkpoints occur with no set pattern. It appears that the sheriff is going to continue to implement sobriety checkpoints until enough people fight charges in court.

Why are sobriety checkpoints a problem?

The practice of using drug check points is a violation of motorists’ rights. If the Michigan Supreme Court ruled that they are unacceptable, any charges brought up or tickets written, should be thrown out as inadmissable. It is a waste of time if people choose to fight and there should be no need to fight if the court’s ruling is upheld. On the contrary, police are setting up checkpoints that are unexpected and snagging any drivers who avoid the checkpoint by doing an illegal u-turn. The whole atmosphere has changed as drivers fear going anywhere even when they have approved medical marijuana cards. It is creating a feeling of mistrust and a negative view of law enforcement, the last thing that any state needs when a police officer faces such a difficult line of work. People need to feel they can trust authority figures but that trust is destroyed if the police to not abide by the ruling of the court. If drivers are expected to follow the laws, the sheriff and police officers must do so as well.

Contact us if you have been a victim of a wrongful sobriety check.

If you are someone you know has been a victim of a sobriety checkpoint, contact The Clark Law Office which specializes in Personal Injury Law and Criminal Law. Call David M. Clark, an experienced attorney for over 30 years in the state of Michigan, at (517) 347-6900. Your consultation is free. Get helpful advice today.