In 2006, Michigan adopted the “Castle Doctrine” which loosely means a “man’s home is his castle and he has the right to defend it”. The law is found in MCL 780.951. The Law states (in part): (1) Except as provided in subsection (2), it is a rebuttable presumption in a civil or criminal case…
In 2006, Michigan enacted the Self Defense Act, otherwise know as “Stand Your Ground” law, found at MCL 780.972. The law states:780.972 Use of deadly force by individual not engaged in commission of crime; conditions.Sec. 2.(1) An individual who has not or is not engaged in the commission of a crime at the time he…
The preliminary breath test (PBT), sometimes called the portable breath test, is a portable device that police officers carry that is used to measure breath alcohol during a stop. After the officer has conducted the field sobriety tests (FST), and the officer still believes you have been drinking (which is usually the case), they…
Standardized Field Sobriety Tests (SFST) were developed by the National Highway Transportation Safety Administration (NHTSA) in order to assist the officer in determining probable cause to arrest a driver for DUI (or in Michigan, OWI-Operating While Intoxicated) and to support giving the driver a preliminary breath test (PBT). There are an abundance of field…
If you are pulled over in Michigan, one of the first things the officer will ask is "will you submit to the Field Sobriety Tests (FST)?". Before we discuss whether you should refuse them, we need to know a little bit more about what those tests are. The field sobriety tests (FST’s)…
Do you know your rights when you are pulled over for a DUI in Michigan (in Michigan it is known as OWI-Operating While intoxicated)? What you do or don’t do could have ramifications on your case. Read this article and know your rights. The police must have a reason to pull you over. Just…
"Have you been drinking tonight?" This is the first question an officer will ask if he suspects you of a DUI (or in Michigan, OWI) and what you say at this point will have ramifications on your case. At this point the officer only has a suspicion and is looking for more evidence that…
I was sitting up in Northern Michigan, enjoying my vacation when the Casey Anthony verdict came in. I decided to check my facebook and twitter to see what had come down. Within minutes, I saw enraged, bewildered, astonished, and angry posts over the verdicts. It seemed the court of law and the…
If you have been arrested, what you say to the police will have a big impact on your case. The 5th Amendment to the U.S Constitution and the landmark U.S. Supreme Court case, Miranda v. Arizona, states that "you have the right to remain silent. Anything you say can and will be…
For most people, the Fourth of July is a time for family, fun, and fireworks. But this year for Michigan drivers who drink and drive, it means much more. On October 31, 2010, Michigan’s new "super drunk" laws took effect and it means harsher penalties and more license sanctions that ever before. So be…
