Legal Articles, Felony
Saint Louis City's New Marijuana Laws
A look at the new marijuana law now in effect in Saint Louis City.
Court can impose an additional three year term for transportation of meth whether drugs were for personal use of not
defendant received an additional 3 years for being a repeat drug offender despite the fact the he was transporting meth for personal use as opposed to sale
Preliminary Breath Tests (PBT)
Discusses the roadside Preliminary Breath Test (PBT), a portable handheld device used by police on DUI stops to give a preliminary BAC reading. Also discusses the penalties for refusing.
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.
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.
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.
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.