St. Joseph Michigan Criminal Defense Blog

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THC driving test

Michigan House Legislation Would Set Maximum THC Level While Driving

THC driving test

Michigan’s House Judiciary Committee approved legislation that would set up a panel to recommend the legal limits of THC a person may have in the body while driving. Once the commission establishes the levels that impair a person’s ability to drive, a limit similar to the maximum blood alcohol level would go into state law. The House may choose to take action now that the bill has made it out of committee.

New Legal Limits for THC

Five states currently have no minimum or maximum amount THC levels. In these states, any amount of THC can lead to a drugged driving charge and conviction. The problem is THC can stay within the body for a long time after it has the ability to affect someone’s driving. It may be detected in the saliva, blood, hair or urine even when it has no impact.

If the House panel were established, members with expertise in marijuana, drugged driving and/or substance abuse would study the effects of THC and recommend a maximum level, as has been done with the 0.08 maximum blood alcohol level. Any driver exceeding that level is considered intoxicated with alcohol and would be arrested and found guilty of drunk driving.

Impaired Driving Safety Commission Act

An attorney currently has no legal limit for THC to stand on when someone is charged with drugged driving. The panel recommendations would create a much fairer situation with respect to toxicity levels. Drivers who had ingested marijuana earlier yet were not intoxicated at the time of the police stop would not be subject to drugged driving arrests and convictions (per THC).

If passed in the House, the Impaired Driving Safety Commission Act would be created. Members would be appointed by the governor and include the Michigan State Police director, a forensic toxicologist, research university professors, medical marijuana patients and at least one medical doctor. This commission would receive grants for the study and report to the governor and legislature by mid-2017.

If you have been arrested for drugged driving and need expert legal representation contact Peter J. Johnson Law Office, PLLC . With over 45 years of experience and successfully helping clients we are the defense attorneys you can count on. For further information or to schedule an appointment please contact us at 269.982.1100 or visit www.AttorneyPeterJohnson.com.

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Drunk Driving Cases

Preliminary Breath Test Results Are Admissible Beyond Drunk Driving Cases

Drunk Driving Cases

The Michigan Court of Appeals has established that preliminary breath test results are now admissible as state’s evidence in cases not limited to drunk driving offenses. A handgun possession violation led to the ruling in the court after Oakland District Court has ruled the evidence inadmissible.

PBT Evidence Used in Handgun Violation

A DUI lawyer in St. Joseph such as the highly reputable lawyers at Peter J. Johnson Law Office, PLLC help defendants who have been charged with crimes related to intoxication while operating a vehicle. Previously, the PBT results were limited to driving offenses. However, an occasion involving a handgun set a new precedent for cases in Michigan. A PBT administered to a suspect with a concealed weapon license was allowed as evidence and proved intoxication of the defendant.

The case in question involved unusual circumstances. Police had responded to a burglary call when they became aware of a couple sitting in the back seat of a parked car. When open alcohol containers were spotted inside the vehicle, officers asked the occupants to step outside. At that moment, one of the two informed the officers he had a permit to carry a concealed weapon. The officers administered a PBT and it was revealed he was intoxicated. He was subsequently charged with handgun possession under the influence.

Other Uses of PBT Evidence

PBT evidence is no longer limited to cases involving a vehicle. Blood alcohol levels may exceed the legal limit the morning after excessive intake, and a failed PBT may impact the employment and handgun license of the individual in question.

Fourth Amendment protections against unlawful or unreasonable searches and seizures apply in cases of this nature. An attorney skilled in Fourth Amendment law can help defendants who believe their rights have been violated with respect to breath tests, blood tests and other types of evidence collected by law enforcement. Without a knowledgeable and experienced attorney on your side, these protections may be run over in court.

Contact the experts at Peter J. Johnson Law Office, PLLC when you need help with a driving offense or unreasonable search and seizure complaint. For further information or to schedule an appointment please contact us at 269.982.1100 or visit www.AttorneyPeterJohnson.com.

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