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…
ByMatthew BenedictThis blog is intended to provide necessary information for criminal defendants charged with domestic violence, MCL 750.81a, in Michigan. Each county prosecutor is different as well as each District Court. The 86th District Court in Grand Traverse County, Leelanau County, and Antrim County is very hard on a person convicted of domestic violence. The no-contact…
ByMatthew BenedictA new law in Michigan, moving violation causing serious impairment of a body function(MVCSIBF) was packaged with revisions to Michigan’s drunk driving law and took effect on October 31st, 2010. MVCSIBF is a misdemeanor that carries a maximum sentence in jail of 93 days and/or $500.00 fine. MCL 257.601d. In Michigan most driving sanctions are…
ByMatthew BenedictThe following article explores the statutes for transporting medical marijuana for patient and caregivers. This article does not discuss transporting medical marijuana within the Medical Marijuana Facilities Licensing Act(MMFLA). The MMFLA requires “secured transporters” for the transfer of medical marijuana associated with the marijuana supply chain for a marijuana dispensary; otherwise, know as provisioning centers…
ByMatthew BenedictSo many of us carry around phones that hold 16 gigs of our personal information. Every person should know their rights when it comes to police searches and cell phones. The Federal Supreme Court is the final authority on Fourth Amendment searches. The rules and laws created by the Supreme Court trickle down to the…
ByMatthew BenedictIn Traverse City, and all of Northern Michigan, in the winter there are a lot of accidents where the drivers leave the scene. Why the driver leaves the scene depends on the driver and location of the accident. If the driver is intoxicated, the driver has a strong motivation to lock up their car and leave…
ByMatthew BenedictThis article will provide some basic information regarding a driver losing their driving privileges, from a suspension, in Michigan. A hardship appeal for a driver’s license is available for aggrieved drivers in very limited circumstances. Eligibility The first thing that has to be determined is whether the driver has been “suspended” vs. “revoked.” Once a…
