A permit and license to carrying a concealed weapon is a privilege that many citizens of Michigan have received and valued. Many believe it should be a right to carry a concealed pistol similar to the Constitutional Second Amendment “right of the people to keep and bear Arms for the defense of himself and state”. Although the constitution does not expressly permit those Arms to be concealed, there is certainly [...]

Search and Seizure: What Do I Need To Know? America is the land of the free and home of opportunity. But how does the constitution protect our freedom and what is the line between someone’s freedom and the safety of others? The Fourth Amendment protects United States citizens against unreasonable searches and seizures.  Unreasonable searches or seizure of private property is when the police search and take your personal property [...]

When someone gets arrested for drunk driving in Metro Detroit an alcohol test will be given. The arresting officer will decide whether it’s going to be a breath test or a blood test. Several factors will play into that decision such as accidents, preexisting medical conditions, or just time and convenience. In the event of a refusal to submit to the test the officer will seek a warrant to force [...]

Barton Morris receives plaque from NCDD Dean McKinney at Harvard Law School, July 2013 The National College for DUI Defense is a group of the best DUI attorneys in The United States. From July 25 through July 27 the College met at Harvard Law School in Cambridge Massachusetts for the 19th Annual Summer Session and Barton Morris was there. The Session was filed with lectures and demonstrations by [...]

On May 23, 2013 Barton Morris attended the Eastern District of Michigan Federal Bar Association quarterly Book Club meeting. The Club had a lively discussion of The Oath: The Obama White House and the Supreme Court written by Jeffrey Toobin. The book depicted a very behind the scenes look at the Chief Justice John Roberts United States Supreme Court in relation to Barack Obama’s ascendency to the presidency. The volume [...]

In Michigan, it is unlawful to drive a motor vehicle with any amount of a schedule one controlled substance in your body.  A schedule one controlled substance is one that is deemed to have a high potential for abuse and no medical value.  The Federal government is responsible for determining what drug should be classified under schedule one. The federal government currently believes that THC (marijuana) qualifies.  Therefore, In Michigan [...]

First it must be understood that there are two breath tests that are given in a typical DUI arrest in Michigan. The preliminary breath test (PBT) offered on the street and the BAC Datamaster test offered after arrest in the police station. THE PBT RESULT CANNOT BE USED AS EVIDENCE OF GUILT. The penalty for refusing a PBT is a zero point civil infraction – a fine. Taking a PBT [...]