Reign of ‘Derror’ ends, as MSC overturns the 2006 decision
“Carboxy,” a metabolite of THC, the psychoactive substance of marijuana, is not a “derivative” of the drug, the Michigan Supreme Court held last week. A person with carboxy in his blood cannot be...
View ArticleVictim’s drunkenness was relevant to defense
Relevancy of victim’s drunkenness when he was hit by George Feezel’s car was a key issue decided by the Michigan Supreme Court in People v. Feezel (Lawyers Weekly No. 06-73331, 45 pages). The court...
View ArticleBreathalyzer results aren’t testimonial
Data produced by a breathalyzer machine is neither testimonial nor hearsay because it is machine-generated without relying on human input, the Michigan Court of Appeals said. The decision effectively...
View ArticleZero tolerance conviction can affect scoring
A prior “zero-tolerance” conviction for underage drinking and driving was sufficient to enhance a defendant’s sentence under MCL 777.55 when he pleaded no contest to driving while intoxicated causing...
View ArticleLip service: ‘Mouthed’ tip to police from motorist enough make traffic stop
A tip from a passing motorist was sufficient to allow a police officer to stop defendant’s car for investigation into his erratic driving, the Michigan Court of Appeals said. The decision reaffirms...
View ArticleNo blood, no foul: No due process claim despite loss of evidence, long delay...
A drunken-driving defendant wasn’t deprived of due process by the prosecutor’s lengthy delay in charging him, the Court of Appeals held. As a result of the delay, the defendant argued, the police...
View ArticleWoman charged for ‘operating’ parked vehicle
A woman can be charged with operating a vehicle while intoxicated even though the car never moved from where it was parked, the Michigan Court of Appeals said. The court distinguished the case, where...
View ArticleKeep-away
No matter what’s at the political center of all the disagreements over a package of bills to reform Michigan’s no-fault system’s unlimited personal injury protection (PIP) coverage, it comes down to...
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