Michigan DUI Playbook Attorney Jonathan Paul
  • DUI Playbook
  • Survival Guides
    • Oakland County >
      • Novi
      • Troy Clawson
      • Farmington Hills
      • Bloomfield Hills
      • Rochester Hills Auburn Hills
      • Royal Oak/Berkley
      • Southfield
      • Clarkston
      • Oak Park
      • Waterford
    • Wayne County >
      • Plymouth Canton Northville
      • Livonia
      • Westland
      • Dearborn
      • Woodhaven Brownstown Twp Trenton
      • Romulus Van Burn Twp Belleville
      • Wyandotte Riverview
      • Dearborn Heights
      • Taylor
    • Macomb County >
      • Clinton Township
      • Shelby Township
      • Warren
      • St. Clair Shores
      • Sterling Heights
      • Fraser Roseville
      • Chesterfield New Baltimore
      • Romeo
    • Washtenaw County >
      • Ann Arbor
      • Saline
      • Chelsea
      • Pittsfield Twp
      • Ypsilanti
      • Ypsilanti Twp
    • Lenawee County
    • Genesee County
    • Monroe County
    • Jackson County
    • Livingston County
  • Offenses
    • Operating While Impaired
    • Super Drunk | High BAC
    • Operating Presence Drugs
    • Operating While Intoxicated
    • Minor BAC | Zero Tolerance
    • DUI Expungement
    • OWI Child Endangerment
    • Felony DUI Third Offense
    • DUI Videos
  • Growth Mindset
  • Common Issues
    • Trial Videos
    • Can the prosecutor prove I was driving?
    • What are my bond conditions?
    • Out of State License
    • Surviving the Implied Consent Law
    • CDL Concerns
    • Field Sobriety and the PBT
    • How to beat the blood draw
    • How to beat the Datamaster
  • 5-Star Defense
  • Contact Me
    • Our Team
    • Client Application
  • DUI Expungement
  • Prosecutor Confessions
    • Why I became a Defense Lawyer
    • OWI First Offense
    • OWI Second Offense
    • OWI Third Offense
    • Field Sobriety Tests
    • Implied Consent
    • Hardship Appeal
    • Chemical Tests
    • Sobriety Court
  • Courts
    • Oakland County >
      • More Courts >
        • Oak Park
        • Madison Heights
        • Hazel Park
        • Ferndale
        • Pontiac
        • Waterford
      • Novi 52-1
      • Clarkston 52-2
      • Rochester Hills 52-3
      • Troy 52-4
      • Royal Oak 44th
      • Southfield 46th
      • Farmington Hills
      • Bloomfield 48th
    • Washtenaw County >
      • Ann Arbor
      • Pittsfield Twp 14A1
      • Ypsilanti 14-A
      • Ypsilanti 14-B
      • Chelsea 14A3
      • Saline 14A4
    • Wayne County >
      • More Courts >
        • Redford
        • Lincoln Park
        • 25th District Court Ecorse
        • Wyandotte
        • Southgate
        • 30th District Court Highland
        • Hamtramck
        • Dearborn Heights
        • 32nd District Court Harper Woods
      • Livonia
      • Plymouth 35th
      • Allen Park
      • Romulus
      • Grosse Pointe
      • Woodhaven
      • Dearborn
      • Detroit
      • Garden City
      • Westland
    • Macomb County >
      • Center Line District Court
      • Clinton Township
      • Eastpointe District Court
      • Fraser | Roseville
      • Shelby Township
      • Sterling Heights
      • St Clair Shores
      • New Baltimore | Chesterfield
      • Warren
    • Livingston County
    • Genesee County
    • Jackson County
    • Monroe County
    • Lenawee County
  • Vault of Secrets
  • Leading with Empathy
  • Reviews
dui attorney michigan arrest

Caught with Cocaine in my system while driving - operating with presence of controlled substance lawyer in Michigan

7/16/2017

 
In Michigan, we have two types of offenses for operating with drugs in your system.  First, we have an offense that applies to prescription drugs and marijuana card holders where the prosecutor must show that the substance impaired your ability to drive although the substance is legally in your system.  

Second, we have an offense where the mere presence of the drug is against the law; this applies to people without marijuana cards or prescriptions for the controlled substance.  

A substance like cocaine or heroin is not legal for anyone to have in their system, and it's certainly an uphill battle to defense this type of case, but it's not impossible.  When presence is enough to convict, the goal should be to discredit the test altogether.  The best way to do this is to challenge the process of of the blood draw, the transport and inventory of the sample, and the testing process.  If there's a reason to doubt the test results then there's reason to doubt the prosecutor's case, and the prosecutor can't convict without a valid test.  

Medical Marijuana Cardholder Exception to Michigan DUI Presence of Marijuana Law - No Zero Tolerance

5/5/2016

 
While Michigan has adopted a general zero tolerance “presence” test for marijuana, this DOES NOT apply to medical marijuana cardholder under the Michigan Marijuana Act (MMMA). The Koon decision held that the MMMA trumps the Motor Vehicle Code’s provision which outlaws the operation of a car with active THC in one’s system.

The standard under Michigan law for a cardholder is “under the influence” similar to a drunk driving case involving alcohol. The only difference is there is no legal limit like the 0.08 BAC level for alcohol. For marijuana the test of this standard is a bit more vague. The burden of showing “under the influence” is of course on the prosecutor.
​
A prosecutor will look to introduce the Defendant’s performance on field sobriety tests and the Drug Evaluation and Classification Program, which consists of 12 steps that evaluate the Defendant. The prosecutor may also rely on an expert witness to convey what if anything the levels indicate from the blood draw, and how the marijuana could put a driver under the influence. It is certainly more difficult for a prosecutor to proof “under the influence” for marijuana than alcohol.

Operating Presence of Marijuana - Zero Tolerance - Metabolites - THC Limit 

5/5/2016

 
If I polled 100 people in Michigan who smoke marijuana, I bet half of those people would not know that driving a car in Michigan is illegal with any amount of marijuana in their system. Many of them assume that they must be somehow “under the influence” of the drug, which impacts their ability to drive. Without a medical marijuana card in Michigan, the standard is “presence” meaning zero tolerance.

Many scientific studies have concluded that there is no link between THC levels and your ability to drive. In fact, many states acknowledge that, and have not adopted the zero tolerance standard like Michigan. In Michigan, any amount of active THC in your system would trigger a crime if you drive a car. It can be as little as 1 Nanogram.

Recent Michigan case law has held that inactive THC such as COOH-THC also known as 11-Nor-9-Carboxy-THC, which is the secondary metabolite of THC is NOT against the law to have it in your system while driving. While the law is still out of sync with the data on impairment, this ruling brought Michigan law closer to reality.

This means that you would have had to smoke marijuana within a few hours of driving to trigger a crime, because anything beyond a few hours should only leave the inactive metabolites. Without this ruling, one could technically smoke marijuana on May 1st, quit for 29 days and drive a car on May 30th, and still have inactive THC in their blood.
    Picture
    second offense drunk driving lawyer 2nd offense
    Picture
    felony drunk driving 3rd offense
    super drunk michigan attorney
    owi lawyer michigan

    Jonathan Andrew PaulReviewsout of 170 reviews

    Click to Email Me
    Call Me:
    248-924-9458

    dui attorney michigan

    Categories

    All
    911 Tipster
    Accountants
    Acid Reflux Disease
    Alcohol Testing
    Alphabet Test
    Arraignment
    Arrest
    Avoiding Probation
    Avoid Jail
    Bench Trial
    Blood Draw
    Boating Under The Influence
    Body Temperature
    Car Accident
    Career Consequences
    Careless Driving
    CDL
    Challenge Blood Test
    Challenge Jurisdiction
    Challenge Prior Conviction
    Challenge The Arrest
    Challenge The Datamaster
    Chemical Tests
    Child Custody Concerns
    Civil Liability
    Closing Argument
    Cocaine
    Cross Examination
    DAAD Appeal
    Datamaster
    Discovery
    Disorderly Conduct
    Dispatch Logs
    Driver Responsibility Fees
    Driver's License
    Driveway
    Drugged Driving
    Drug Testing
    DUI Causing Death
    DUI Causing Injury
    DUI Dismissal
    DUI Second Offense
    DUI Trial Process
    DUI Warrant
    Educational Consequences
    Feeling Better About Life
    Felony Drunk Driving
    Field Sobriety Tests
    FOIA
    Gas Chromatography
    GERD
    Hair Testing
    Hardship Appeal
    Hardship License
    Heroin
    HGN
    Horizontal Gaze Nystagmus
    Hypoglycemia
    Ignition Interlock
    Implied Consent
    Independent Blood Test
    Infrared Spectroscopy
    Jury Trial
    Losing My Job
    Marijuana
    Medical Conditions
    Medical Marijuana
    Medicaton
    Mental Health Court
    Minor BAC
    Miranda Rights
    Motion To Dismiss
    Mouth Alcohol
    Observation 15 Minutes
    One Legged Stand
    Opening Statement
    Operating Presence Drugs
    Operating While Impaired
    Operating While Intoxicated
    Operation Issues
    Out Of State Convictions
    Out-of-State Convictions
    PBT
    Posting Bond
    Proactive Defense
    Probable Cause To Arrest
    Probation
    Probation Violation
    Prosecutor
    Public Health Code
    Radio Frequency
    Radio Interference
    Reasonable Time Rule
    Reckless Driving
    Refusing Datamaster
    Restitution
    Restricted License
    Right To Counsel
    Rising Blood
    Sentencing
    Sleeping In Car
    Sobriety Court
    Statements
    Subpoena
    Super Drunk
    Super Drunk Arrest
    THC Levels
    Third Offense DUI
    Touching Nose
    Traffic Stop
    Traveling To Canada
    Travel Restrictions
    Urine Testing
    Vehicle Immobilization
    Veteran's Court
    Videos
    Voir Dire Process
    VOP
    Walk And Turn
    Warrants
    Weaving
    Zero Tolerance DUI

Ann Arbor Office Location

Plymouth Office Location

Email Me Now
Picture

Representing DUI Clients in Michigan

Representing clients charged with a DUI in Ann Arbor, Canton, Brighton, Howell, Saline, Adrian, Taylor, Plymouth, Northville, Westland, Ypsilanti, Pittsfield Towsnhip, Warren, Sterling Heights, Farmington, Pontiac, Romulus, Lansing, Novi, South Lyon, Southfield, Birmingham, Bloomfield Hills, Royal Oak, Troy, Rochester, Jackson, East Lansing, Garden City, Livonia, Dearborn, Detroit, St Clair Shores, Hazel Park, Ferndale, Madison Heights, Waterford, Milford, Shelby Township Clarkston, Oak Park, Berkley, Fraser, Sterling Heights, Clinton Township and others throughout Washtenaw, Wayne, Monroe, Jackson, Genesee, Macomb, Ingham, Lenawee, Livingston and Oakland County. ​
  • DUI Playbook
  • Survival Guides
    • Oakland County >
      • Novi
      • Troy Clawson
      • Farmington Hills
      • Bloomfield Hills
      • Rochester Hills Auburn Hills
      • Royal Oak/Berkley
      • Southfield
      • Clarkston
      • Oak Park
      • Waterford
    • Wayne County >
      • Plymouth Canton Northville
      • Livonia
      • Westland
      • Dearborn
      • Woodhaven Brownstown Twp Trenton
      • Romulus Van Burn Twp Belleville
      • Wyandotte Riverview
      • Dearborn Heights
      • Taylor
    • Macomb County >
      • Clinton Township
      • Shelby Township
      • Warren
      • St. Clair Shores
      • Sterling Heights
      • Fraser Roseville
      • Chesterfield New Baltimore
      • Romeo
    • Washtenaw County >
      • Ann Arbor
      • Saline
      • Chelsea
      • Pittsfield Twp
      • Ypsilanti
      • Ypsilanti Twp
    • Lenawee County
    • Genesee County
    • Monroe County
    • Jackson County
    • Livingston County
  • Offenses
    • Operating While Impaired
    • Super Drunk | High BAC
    • Operating Presence Drugs
    • Operating While Intoxicated
    • Minor BAC | Zero Tolerance
    • DUI Expungement
    • OWI Child Endangerment
    • Felony DUI Third Offense
    • DUI Videos
  • Growth Mindset
  • Common Issues
    • Trial Videos
    • Can the prosecutor prove I was driving?
    • What are my bond conditions?
    • Out of State License
    • Surviving the Implied Consent Law
    • CDL Concerns
    • Field Sobriety and the PBT
    • How to beat the blood draw
    • How to beat the Datamaster
  • 5-Star Defense
  • Contact Me
    • Our Team
    • Client Application
  • DUI Expungement
  • Prosecutor Confessions
    • Why I became a Defense Lawyer
    • OWI First Offense
    • OWI Second Offense
    • OWI Third Offense
    • Field Sobriety Tests
    • Implied Consent
    • Hardship Appeal
    • Chemical Tests
    • Sobriety Court
  • Courts
    • Oakland County >
      • More Courts >
        • Oak Park
        • Madison Heights
        • Hazel Park
        • Ferndale
        • Pontiac
        • Waterford
      • Novi 52-1
      • Clarkston 52-2
      • Rochester Hills 52-3
      • Troy 52-4
      • Royal Oak 44th
      • Southfield 46th
      • Farmington Hills
      • Bloomfield 48th
    • Washtenaw County >
      • Ann Arbor
      • Pittsfield Twp 14A1
      • Ypsilanti 14-A
      • Ypsilanti 14-B
      • Chelsea 14A3
      • Saline 14A4
    • Wayne County >
      • More Courts >
        • Redford
        • Lincoln Park
        • 25th District Court Ecorse
        • Wyandotte
        • Southgate
        • 30th District Court Highland
        • Hamtramck
        • Dearborn Heights
        • 32nd District Court Harper Woods
      • Livonia
      • Plymouth 35th
      • Allen Park
      • Romulus
      • Grosse Pointe
      • Woodhaven
      • Dearborn
      • Detroit
      • Garden City
      • Westland
    • Macomb County >
      • Center Line District Court
      • Clinton Township
      • Eastpointe District Court
      • Fraser | Roseville
      • Shelby Township
      • Sterling Heights
      • St Clair Shores
      • New Baltimore | Chesterfield
      • Warren
    • Livingston County
    • Genesee County
    • Jackson County
    • Monroe County
    • Lenawee County
  • Vault of Secrets
  • Leading with Empathy
  • Reviews