Legal Articles, Misdemeanor

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.

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.

Retail Fraud AKA Shoplifting

Detailing Michigan's Retail Fraud or Shoplifting statute and penalties.

What You Need to Know If You Are Arrested for Operating a Marijuana Grow House

If you are under investigation or in custody and facing charges of cultivation of marijuana, you may be subject to serious penalties that can deprive your of your liberty and have an adverse impact on your future.

Steps in a Michigan Criminal Case

Roadmap for the steps in a Michigan criminal case for both felonies and misdemeanors.

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