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Legal Articles, Criminal

SCOTUS Holds Law Requiring DNA Samples Upon Arrest Constitutional

Discussing the Supreme Court's recent decision in Maryland v King which upheld a state law requiring anyone arrested for a violent felony to provide a DNA sample.

DataMaster and Breath Test Instrument Operators in OWI Cases

Describes the administrative rules governing breath test instruments in DUI/OWI drunk driving arrests such as the preliminary breath test (roadside PBT) and DataMaster breathalyzer. Also covers the officer's classification for using them as well as calibration requirements and maintenance records.

Restoring Your Firearm Rights After Being Convicted of a Felony

Detailing how you can retain your right to use and possess a firearm after being convicted of a felony. Discusses the waiting periods and procedures.

Felon in Possession of a Firearm

Detailing the charge of a Felon in Possession of a Firearm including: definitions of a firearm, collateral consequences such as felony firearm charge, carrying a concealed weapon (CCW) charge, defenses, and restoring your gun rights.

Commercial Driver's License (DCL) and DUI

The consequences of a DUI/OWI drunk driving charge when you have a commercial driver's license (CDL).

Supreme Court Reverses Warrantless Blood Draws in DUI Cases

Supreme Court Case of Missouri v. McNeely reaffirms warrant requirement in DUI blood draws.

Health and Safety Code 11364.1a – Paraphernalia for Possession

Under California Health and Safety Code Section 11364.1a, it is illegal for an individual to possess any device including a methamphetamine pipe, instrument, contrivance or paraphernalia for unlawfully smoking or injecting a controlled substance.

Medical Marijuana DUI: Court Rules Prosecutors Must Prove Drivers "Under the Influence"

Discussing the Michigan Supreme Court's recent decision in Peo v Koon which states that medical marijuana users must be "under the influence" before being convicted of OWI.

Michigan OWI: "Operating" a Motor Vehicle Defined

Discusses in depth what constitutes "operating" a motor vehicle for purposes of a DUI or OWI.

Resisting & Obstructing

Michigan's Resisting & Obstructing statute including definitions, penalties, defenses, and recent case law.

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