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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 [...]

Clients arrested for DUI often complain that they ‘were not read their rights when they were arrested” and ask if that fact can help their case. What "Rights" are they referring to? There are a couple of different types. The “rights” that they all are usually referring to are called Miranda Rights which are as follows: YOU HAVE THE RIGHT TO REMAIN SILENT. ANYTHING THAT YOU SAY CAN AND WILL [...]

More than 13 million arrests are made each year by law enforcement in the United States. A majority of those arrests are alcohol and drug related driving and possession offenses. People who are arrested by the police have a picture taken of them, which is customarily called a “Mug Shot”. The mug shot becomes a part of the arrest record along with an arrest card and fingerprints. These photographs have [...]