Recent Articles

Voodoo Science! Drug Recognition Experts Called Out in Georgia

Michigan was one of the last states to join the ranks of the so-called Drug Recognition Expert (DRE) training program. According to the Michigan State Police, "the top tier of the OWI Pyramid is the Drug Recognition Expert (DRE) training program. DRE training is advanced training for highly motivated officers active in OWI enforcement. This program offers an academically challenging curriculum developed to enhance an officers ability to identify, evaluate, and document suspected drug impairment.

Getting Out of Jail After a Michigan OWI Arrest

So, you (or a loved one) were stopped and arrested for a DUI in Michigan. It's 2:30 a.m., and you can't get an attorney on the phone. When can you bond out? How long are you going to stay in jail on a drunk driving charge? Will you make it to work in the morning? What sort of money do you need to post bail? There are some simple preliminary answers, but this is a complex issue that police and courts get wrong on a regular basis. 

 

REVERSED ON APPEAL: 18th District Court in Westland

Discovery is not permitted in misdemeanor cases, but the district court judge ordered it in a case where the client and I intended to present expert testimony.  We intended to produce Dr. Ron Henson, an expert witness from Illinois regarding the impact that GERD has on the accuracy and reliability of a breath test.  This is not exactly controversial, since numerous studies have shown that gastroesophygeal reflux disease can inflate breath test scores. The prosecutor called it "junk science" and demanded that we produce expert witness reports and articles.

Can the Police Stop a Vehicle for Tinted Windows in Michigan?

The Fourth Amendment to the U.S. Constitution protects "[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." U.S. Const. amend. IV.

"Temporary detention of individuals during the stop of an automobile by the police, even if only for a brief period and for a limited purpose, constitutes a 'seizure' of 'persons' within the meaning of [the Fourth Amendment]." Whren v. United States, 517 U.S. 806, 809-10, 116 S. Ct. 1769, 135 L. Ed. 2d 89 (1996).  

Interlock Devices for First-time Offenders

On December 17, 2013, David Shepardson reported in the Detroit News that the National Highway Traffic Safety Administration (NHTSA) has, "urged all states to require first-time drunken driving offenders to use ignition interlocks that prevent them from operating their vehicles after drinking."  He continues:

A Michigan Drunk Driving Charge is Serious!

A Michigan drunk driving charge is very serious. You must treat this charge as potentially life-changing. Many lawyers make a great deal of money on these cases by pleading people guilty to the offense of "operating while visibly impaired" (OWVI) without ever exploring a defense. An OWVI counts as a drunk driving conviction, and a Michigan drunk driving conviction can:

REVERSED ON APPEAL: 18th District Court in Westland

Discovery is not permitted in misdemeanor cases, but the district court judge ordered it in a case where the client and I intended to present expert testimony.  We intended to produce Dr. Ron Henson, an expert witness from Illinois regarding the impact that GERD has on the accuracy and reliability of a breath test.  This is not exactly controversial, since numerous studies have shown that gastroesophygeal reflux disease can inflate breath test scores. The prosecutor called it "junk science" and demanded that we produce expert witness reports and articles.

Preliminary Roadside Analysis: Free Motion to Suppress FSTs

DOWNLOAD A COPY OF MY FREE MOTION IN LIMINE TO EXCLUDE PRELIMINARY ROADSIDE ANALYSIS

Based upon the newly added provisions of MCL 257.43a and amended sections of MCL 257.625a regarding the use of preliminary roadside analysis to investigate drunk and drugged driving cases, Michigan has become the first state in the country to mandate that a person must perform field sobriety tests, but lawmakers have unwittingly opened the door for creative motion practice to exclude field sobriety tests from drunk driving cases

Michigan Drivers Forget How to Drive in the Snow

Every winter with the first snow fall, it appears that about half of all Michiganders have forgotten how to drive.  This video is compliments of my friend Marc S., who is an extremely angry driver.  When I was driving 40 mph the other day down the icy freeway, I texted Marc and asked if I should put  my hazards on... mainly because this drives him insane. Marc has also clarified that, "I'm going to add the roundabout to my list. It's a yield sign not a stop sign.

Search for Missing Metro Area Attorney

DETROIT, MICH. - A Detroit area attorney, James W. Amberg, has been reported missing since December 30, 2014. Amberg was reportedly sick when last seen by his bestie and fellow criminal defense lawyer, William Maze.  Maze said, “He was so sick that he sounded like Andy Devine. I didn’t think much of it at the time, but then I remembered reading Flowers in the Attic.”