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Legal Articles, Misdemeanor

Do you want to serve more time in prison than you are required to serve?

Were you or someone you know sentenced under current federal sentencing guidelines for a crime committed some time ago? If so, a recent U.S. Supreme Court decision may mean there is hope.

Saint Louis City's New Marijuana Laws

A look at the new marijuana law now in effect in Saint Louis City.

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Preliminary Breath Tests (PBT)

Discusses the roadside Preliminary Breath Test (PBT), a portable handheld device used by police on DUI stops to give a preliminary BAC reading. Also discusses the penalties for refusing.

DataMaster and Breath Test Instrument Operators in OWI Cases

Describes the administrative rules governing breath test instruments in DUI/OWI drunk driving arrests such as the preliminary breath test (roadside PBT) and DataMaster breathalyzer. Also covers the officer's classification for using them as well as calibration requirements and maintenance records.

Supreme Court Reverses Warrantless Blood Draws in DUI Cases

Supreme Court Case of Missouri v. McNeely reaffirms warrant requirement in DUI blood draws.

Health and Safety Code 11364.1a – Paraphernalia for Possession

Under California Health and Safety Code Section 11364.1a, it is illegal for an individual to possess any device including a methamphetamine pipe, instrument, contrivance or paraphernalia for unlawfully smoking or injecting a controlled substance.

Michigan OWI: "Operating" a Motor Vehicle Defined

Discusses in depth what constitutes "operating" a motor vehicle for purposes of a DUI or OWI.

Resisting & Obstructing

Michigan's Resisting & Obstructing statute including definitions, penalties, defenses, and recent case law.

Retail Fraud AKA Shoplifting

Detailing Michigan's Retail Fraud or Shoplifting statute and penalties.

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