Is this newsworthy? Probably not. But what the heck. Throw it into the “weird and bizarre” bin. Tweet This Post
Months ago, I made predictions about Former NBA and University of Michigan star Jalen Rose’s DUI arrest in Bloomfield Hills, Michigan. See http://www.duimaze.com/blog/jalen-rose-dui-arrest-in-west-bloomfield/ As I predicted, Rose quickly entered a guilty plea, trying to take responsibility quietly putting this behind him. But today, after a 15 minute lecture by Judge Kimberly Small, Rose was given a 20 day [...]
08
Apr
Judge Mark Somers and the Michigan Medical Marihuana Act: Federal Preemption Analysis
In-depth Information Regarding Local Courts and Judges, Uncategorized // 2 Comments
Chief Judge Mark Somers of the 19th District Court in Dearborn, Michigan, ruled on March 7, 2011, that the Michigan Medical Marihuana Act (MMMA) is unconstitutional because federal laws trump Michigan’s attempted decriminalization of marijuana for seriously ill patients. Federal preemption analysis of Michigan’s medical marijuana law raises interesting and complex issues, but the threat [...]
08
Apr
Judge Mark W. Somers and the Michigan Medical Marijuana Act: Reckless Judicial Activism
In-depth Information Regarding Local Courts and Judges, Uncategorized // No Comments
Judge Mark W. Somers of the 19th District Court in Dearborn, Michigan, ruled on March 7, 2011, that the Michigan Medical Marihuana Act is unconstitutional because of federal preemption of state law. As a result, he writes, the MMMA is “void in its entirety by operation of the Supremacy Clause of the United States Constitution.” [...]
01
Apr
Cure the Romulus Budget Deficit by Wasting Money on Attorney Fees
Uncategorized // 2 Comments
During the last few years, the City of Romulus has suffered major financial setbacks. With property values falling, the tax base has decreased, and there has been very little new development. Romulus has been forced to cut back many city services. Fireworks were cancelled last summer at Elmer Johnson Park on Ozga Road. The library [...]
ESPN analyst and former Michigan Fab Five star Jalen Rose was arrested in West Bloomfield, Michigan, for drunk driving on March 11, 2011. The story did not come to light until March 29, 2011. According to Patch.com, “Rose, 38, originally of Detroit, was arrested around 2 a.m. March 11, West Bloomfield Police Lt. Tim Diamond [...]
Public perception is that drunk drivers cause carnage on the highways. Former US Supreme Court Chief Justice William Rehnquist approved sobriety checkpoints, allowing police to stop motorists without any reason whatsoever writing, “No one can seriously dispute the magnitude of the drunken driving problem or the States’ interest in eradicating it. Media reports of alcohol-related [...]
17
Mar
Michigan State Police Toxicology Unit Marijuana Testing
Blood and Urine Testing, Uncategorized // 1 Comment
Recently, Samantha Beauchamp from the Michigan State Police Toxicology Unit testified in a marijuana driving case. Over objection, she was qualified as an expert in a field that would normally be reserved for an actual toxicologist. Ms. Beauchamp is a laboratory analyst with a BA in chemistry and molecular biology/biochemistry from 2008. She is not [...]
17
Feb
Maze defends Detroit Tigers first baseman Miguel Cabrera on Channel 4 News
News and Recent Case Victories from the Maze Legal Group, Uncategorized // No Comments
On Channel 4, Click on Detroit: Maze defends Detroit Tigers first baseman Miguel Cabrera on Channel 4 News. Tweet This Post
17
Feb
Minor in Possession of Alcohol: An end to draconian probation?
In-depth Information Regarding Local Courts and Judges, Uncategorized // No Comments
Several Oakland County judges have employed draconian probationary terms on minors prosecuted for the charge of minor in possession of alcohol (MIP). A first offense MIP carries no jail. It is simply not permitted. Lawmakers drafted the law to provide a break to minors busted on a first offense. The minor may have to undergo [...]
16
Feb
Northville Township PD, Prosecutor and Michigan State Lab Going Down in Flames
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I’m looking in my crystal ball this evening preparing for a case set for pre-trial tomorrow morning. This is a case where a motorist was arrested for violating Michigan’s “any amount” law, which prohibits driving with any amount of marijuana in his or her system. The driver is a Medical Marijuana Card holder who had [...]
In a truly bonehead move, an Ohio woman is facing a DUI charge. Sandusky police found the woman’s vehicle stuck in a snowbank along the side of the road. The Sandusky Register reports that the woman stopped her car because she thought she saw police lights, but the flashing lights were from a skating rink [...]
This is just too funny. Tweet This Post
LeAnne Rogers reports in the Westland Observer that: “A Westland man has been sentenced to five to 15 years in prison after pleading guilty to three felonies in the drunk driving accident that killed a Waterford man. Thomas Rada, 55, was sentenced Friday by Wayne County Circuit Court Judge Craig Strong on the charges that [...]
12 Angry Men might struggle and deliberate for days to find a man not guilty of murder, but 5 angry bitches can decide guilt pretty quickly. In 21 minutes, I got a jury verdict of guilty today based upon no evidence. I thank the jurors for their time, but I do not respect their intelligence [...]
Many Michigan probation departments employ a relatively new urine test to determine whether a probationer has consumed alcohol while on probation for a drunk driving crime. This test, known as EtG testing, refers to a urine test designed to look for biomarkers affiliated with alcohol exposure. Specifically, EtG testing looks to see if Ethyl Glucuronide [...]
09
Feb
Possession of a Firearm While Intoxicated
In-depth Information Regarding Local Courts and Judges, Uncategorized // No Comments
The charge of “Possession of a Firearm While Intoxicated” frequently comes up whenever a CPL / CCW holder is arrested for OWI if the driver has a weapon inside the vehicle. The CPL / CCW holder does not need to be actually carrying the weapon for prosecutors to tack this charge on to an OWI [...]
During the 2003 season of Mythbusters, hosts Adam Savage and Jamie Hyneman attempt to beat a breath test. From a DUI lawyer’s perspective, this episode is funny because it reveals a number of flaws that an unsuspecting person might not detect. Initially, it is important to understand that the Mythbusters were attempting to use various [...]
02
Feb
HGN: How reliable is the Horizontal Gaze Nystagmus test?
Field Sobriety Testing, Uncategorized // No Comments
“The Robustness of the Horizontal Gaze Nystagmus (HGN) Test,” an article by the top federal researcher of Standardized Field Sobriety Tests, Marcelline Burns, was supposed to be released in 2004. This study was supposed to explore different variations of the mysterious HGN eye test, where officers move a finger or pen before a person’s face, [...]
Judges take an oath to uphold the federal and state constitution, and this includes protecting people from overly aggressive police officers who abuse the powers afforded to law enforcement. The Fourth Amendment protects “against unreasonable searches and seizures.” Courts have consistently held that stopping a motor vehicle constitutes a seizure, no matter how brief, and [...]
So what happens when a prosecutor is accused of a DUI? Well, The Detroit News reports: Friday, February 13, 2009 Warren assistant city attorney accused of drunk driving Charles E. Ramirez / The Detroit News WARREN – An assistant city attorney has been arrested for drunk driving, city officials said today. Officers arrested Assistant City [...]
The Michigan State Police Toxicology Unit analyzes blood and urine samples for drugs and alcohol, often times for enforcing Michigan’s DUI laws. Each year, the laboratory performs 13,000 tests for alcohol and 2,500 tests for drugs. Although blood is generally more reliable than breath testing for alcohol, it is not infallible. Blood samples are frequently [...]
02
Feb
PBT devices are too inaccurate . . . to prove innocence?
Blood and Urine Testing, Uncategorized // No Comments
A preliminary breath test (PBT) is a small handheld breath testing device used by police officers to determine whether or not to arrest a person for DUI. Typically, administration of the PBT follows field sobriety tests. Based upon a motorist’s performance of field sobriety tests and the results of the PBT, a police officer makes [...]
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