ByMatthew BenedictBasics of an Implied Consent Violation Michigan’s Implied Consent Law comes into play when a driver is pulled over for drunk driving, arrested, and the driver refuses the DataMaster Breathalyzer test or a consensual blood draw. Refusing the breath or chemical test will result in an implied consent violation and a one-year driver’s license…
ByMatthew BenedictIn law school, every lawyer learns that each law is passed for a purpose. The intent of the legislature, their goals, can be deduced from the statute. The intent of the Legislature was to prevent the dangers associated with driving a motor vehicle while drunk. We all know what these dangers are—reckless driving that kills…
ByMatthew BenedictThis is a difficult topic to discuss. Prosecutors and Politicians have successfully labeled sex offenders as evil living among us. The truth is there are degrees of wrong associated with sex crimes. For years, politicians added more and more criminal offenses that required the defendant to sign up on the sex offender registry. In 2011,…
ByMatthew BenedictEvery attorney that has litigated a case in court has dealt with this issue: The attorney submits interrogatories to the opposing party and receives incomplete or evasive interrogatory answers. When this happens, there is a decision to be made, file a motion to compel answers or not. Every attorney in this situation is bothered by…
ByMatthew BenedictThis statute is very thorough and effectively prevents the qualifying felon from any association with firearms and ammunition. The exact language is “a person convicted of a specific felony shall not possess, use, transport, sell, purchase, carry, ship, receive, or distribute a firearm [and ammunition] in this state.” MCL 750.224f(2). The net effect is that…
ByMatthew BenedictInitial child custody in Michigan Child custody in Michigan requires a Court order. In reality, many unmarried couples are raising children together. The question often arises: I am not married, we have a child, who has child custody in Michigan? The answer is found in a Michigan statute: There are a couple of important points…
ByMatthew BenedictIn Michigan, the process to restore driving privileges after two or more drunk driving convictions is long and arduous. License restoration represents a change in lifestyle for the petitioner. The old drinker is gone, replaced with a sober and more complete person. However, the Michigan Secretary of State and AHS do not issue driver’s licenses…
ByMatthew BenedictThe Breath Alcohol Ignition Interlock Device (BAIID) is a device that measures the alcohol level of the operator of an automobile. In Michigan, most drivers seeking to restore their driver’s license have to drive an automobile with an ignition interlock device for a minimum of a year. Over the years, the BAIID has become more…
ByMatthew BenedictButane extraction for marijuana resin in Michigan Recent amendments to the Michigan Medical Marijuana Act make butane extraction for resin a risky proposition. Clearly, the Michigan Legislature does not favor this practice for harvesting resin. All MMMA participants need to know these new changes. These special rules appear in section (7), and the location is…
ByMatthew BenedictI am a litigator; the courtroom is where I am at my best. This week I tried my third case of domestic violence, or domestic assault, MCL 750.81(2), charged against a parent, where I achieved an acquittal through the Parental Discipline affirmative defense. Parental Discipline is an affirmative defense. When an affirmative defense is utilized…
