dui defense

Supreme Court Rules Against Warrantless DUI Blood Draws


HIRE AN EXPERIENCED DUI ATTORNEY


  Divider

The U.S. Supreme Court has handed down a new law that states that police must generally obtain a warrant before drawing blood from a suspect in a driving under the influence (DUI) case, effective immediately.

No More Warrantless DUI Blood Draws:

States where law enforcement did not previously require a warrant to draw blood in drunk-driving cases will be affected by the new law, including California.

(Related: DUI First Offense)

In Ventura County, for example, there were 3,714 single-count DUI cases filed in the district attorney’s office from Oct. 1, 2011 to Sept. 30, 2012, but Ventura County DUI attorney Darryl Genis doesn’t believe that the new law will reduce the number of DUIs issued. Afterall, telephonic warrants can be issued in about the same amount of time is takes to transport a suspect to a local hospital and draw blood. However, he claimed, it will end the “warrantless needle-stabbing of citizens based upon what are sometimes very shabby allegations.”

“The blood is still going to be drawn after the arrest,” said Genis. “The mechanism for how they (law enforcement) get there is going to change. They’re going to have to do things right for a change.”

(Related: 40 Ways to Beat a Michigan DUI)

Justice Clarence Thomas was the lone dissenter in the 8-1 Supreme Court decision, which cited a violation of the Fourth Amendment as the major factor in the in ruling. Tyler McNeely, in the landmark case of Missouri v. McNeely, was pulled over after being suspected of driving under the influence. He refused to take a breathalyzer and was taken to a hospital, where he was ordered by police to have his blood drawn without seeking a warrant. The state argued that because alcohol was dissipating in his bloodstream, valuable evidence was being lost; thus, a warrant was not needed.

supreme-courtjpg-a427e22cec615d87

The Supreme Court did not agree, claiming there is enough time to request and receive a warrant. Writing for the majority, Justice Sonia Sotomayor wrote, “In those drunk-driving investigations where police officers can reasonably obtain a warrant before a blood sample can be drawn without significantly undermining the efficacy of the search, the Fourth Amendment mandates that they do so.”

(Related: What You Should Do (and not do) When Pulled Over Drunk)

The court will permit a non-consensual blood draw if there are “exigent” circumstances, which must later be proven in court.

Special Assistant District Attorney Michael Schwartz said the court’s ruling puts a burden on law enforcement in addition to the public.

“I think the court’s decision is unfortunate, but the U.S. Supreme Court is last word on what the Fourth Amendment means and we respect their decision,” said Schwartz.

At Rudoi Law, we have the OWI (DUI) expertise you need. We understand the criminal system. We know the defense strategies that have won in court. And we understand the judges and prosecutors working in Metro Detroit today. We’ll give you the tough defense you deserve, all while demystifying a complex process.

What’s more, we understand the needs of our clients. Battling for your future can be emotionally draining. And for many people, a first offense DUI Charge is the only trouble they’ve had with the law. That’s one of the reasons why we work so hard. We believe one mistake shouldn’t compromise a lifetime of work or cost you your freedom.

Read more: https://www.vcreporter.com/cms/story/detail/?id=10811https://www.vcreporter.com/cms/story/detail/?id=10811


GET REPRESENTATION NOW


  Divider

marijuana patient rights

Legalized Medical Marijuana Supported by 80% of Kentucky


KNOW YOUR RIGHTS AS A MEDICAL MARIJUANA PATIENT


  Divider

Legalized Medical Marijuana supported by 80% of those living in Kentucky.

A recent survey has revealed that nearly 80% of those living in Kentucky support legalized medical marijuana.

Funded by the Health Foundation of Greater Cincinnati and the Foundation for a Healthy Kentucky, the survey was conducted by the Institute for Policy Research at the University of Cincinnati.

(Related: Marijuana Decriminalization Approved by Vermont Legislature)

The survey discovered that support was high independent of an individual’s party-affiliation. According to polling, 73% of Republicans stated that they support such a move, compared to 83% Democrats. Those who are registered independent support the measure at the most at 86%.

(Related: Marijuana edibles THC limit pose threat to Colorado woman’s business)

When asked another question, “Do you favor or oppose the Commonwealth of Kentucky allowing residents to buy and use marijuana under any circumstances?” 38% of respondents said that they’re in favor of such a move, including being supported by a majority – 51% – of those aged 18-29. All those aged 65 and older weighed in opposition of the move at the greatest, with only 21% in support.

The release of this study comes just weeks after Kentucky legalized hemp on the state level, causing advocates to begin lobbying for further reform like bringing medical marijuana to the state.

(Related: American College of Physicians Says “YES” to Medical Marijuana in Historic Endorsement)

Recent polling has found that 85% of Americans support legalized medical marijuana by a qualified patient.

Regardless of political affiliation Kentucky citizens overwhelmingly support Medical Marijuana.

Regardless of political affiliation Kentucky citizens overwhelmingly support Medical Marijuana.

Whether you’re a patient needing medical marijuana or a considering becoming a medical marihuana provider, Rudoi Law can help you navigate the shifting, uncertain terrain. We can advise you on the registrations needed and the restrictions proscribed by the Michigan Legislature.

(Related: Former chief justice co-authors book about Supreme Court’s ‘dark money’)

We can also advise you on the prevailing attitudes of prosecutors in your area and what to do in the event you are confronted by law enforcement.

Remember: being confronted by the police about medical marihuana is a real possibility and could have serious consequences. You need to be prepared to defend yourself from overzealous officials. 

Read more: https://thejointblog.com/new-poll-80-of-kentucky-residents-support-legal-medical-marijuana/



GET REPRESENTATION NOW


  Divider

Michigan Marijuana

Study Finds Marijuana May Combat Depression and Lead to Higher Self-Esteem


RUDOI LAW IS ON THE CUTTING EDGE OF THE MEDICAL MARIJUANA CONVERSATION IN MICHIGAN


  Divider

Depression and pain associated with social exclusion is reduced by marijuana and could lead to higher self-esteem, study shows.

Marijuana improves self-esteem.

Marijuana improves self-esteem.

The University of Kentucky has conducted a four-part study that revealed marijuana is helpful in reducing the pain associated with social exclusion, may combat depression, and could lead to higher self-esteem.

(Related: American College of Physicians Says “YES” to Medical Marijuana in Historic Endorsement)

“The current research provides the first evidence that marijuana also dampens the negative emotional consequences of social exclusion on negative emotional outcomes,” stated Timothy Deckman of the University of Kentucky in the study.

The study included 7040 participants, three methodologies and began with a study using data from the National Comorbidity Study. It found that marijuana consumers who reported being lonely showed increased levels of self-worth, in addition to overall mental health, compared with non-marijuana users who reported being lonely.

(Related: Supreme Court Holds Drug Sniffing Dog at Door of Home is an Unconstitutional Search)

Data from the National Comorbidity Survey Replication was used in the second study, and found that those who use marijuana relatively frequently and experienced social pain were less likely to experience a serious episode of depression over the course of the past year.

High school student were surveyed in the third study, examining levels of depression, loneliness and lifetime marijuana consumption. After two years, the students were surveyed again. It was discovered that marijuana use predicted lower levels of depression among students who were considered to be lonely.

(Related: How To Get A Medical Card In Michigan)

In the final study participants played a computer game called Cyberball, which had been reprogrammed to consistently ignore the participant to evoke social exclusion. Researchers found that marijuana users had a smaller decrease in self-esteem after the game was over.

Discover the study about marijuana and depression published online in Social Psychological and Personality Science by clicking here.

Whether you’re a patient needing medical marijuana or a considering becoming a medical marihuana providerRudoi Law can help you navigate the shifting, uncertain terrain. We can advise you on the registrations needed and the restrictions proscribed by the Michigan Legislature.

We can also advise you on the prevailing attitudes of prosecutors in your area and what to do in the event you are confronted by law enforcement.

Remember: being confronted by the police about medical marihuana is a real possibility and could have serious consequences. You need to be prepared to defend yourself from overzealous officials. 

Read more: https://thejointblog.com/university-study-finds-marijuana-may-combat-depression-and-lead-to-higher-self-esteem/


GET REPRESENTATION NOW


  Divider

Medical Marijuana Advocates Launch Peace for Patients Campaign


KNOW YOUR RIGHTS AS A MEDICAL MARIJUANA PATIENT


  Divider

Peace for Patients kicks off while medical marijuana advocates make statement during U.S. Attorney General’s commencement speech.

Medical marijuana patients made a statement at the UC Berkeley law school commencement ceremony by flying a plane overhead with a banner that read “Holder: End Rx Cannabis War. #Peace4Patients.” The demonstration was a protest for the recent actions of the Justice Department in the Bay Area.

(Related: Marijuana Decriminalization Approved by Vermont Legislature)

In addition to the flyover medical marijuana advocates were handing out satirical DOJ recruitment flyers outside of the Harvest Greek Theatre, where Holder delivered his speech. The content within the flyers called attention to the great lengths and harmful tactics used by the Obama Administration in the continued war on weed that are negatively affecting the lives of hundreds of thousands of medical marijuana patients in California.

(Related: Marijuana edibles THC limit pose threat to Colorado woman’s business)

“Patients will not stand idly by while Attorney General Holder’s Justice Department continues to attack our community and endanger the lives of Berkeley residents” said Caren Woodson, one of the advocates outside the ceremony. “We’re here today to call attention to the misguided policies of the Obama Administration and to ensure that his ongoing campaign against medical marijuana is stopped in its tracks.” Americans for Safe Access and California NORML organized the protest.

The demonstration came just a few days after the Justice Department served an asset forfeiture lawsuit on the landlord of Berkeley Patients Group, a  very prominent and well-regarded medical marijuana dispensary. The lawsuit, filed on May 2nd, was heavily curtly scrutinized by Berkeley Mayor Tom Bates and four city councilmembers.

PeaceforPatietslogosolid

(Related: Changes to The Michigan Medical Marijuana Act Have Taken Effect!)

“I think it’s time for the federal government, the president and the attorney general to wake up and stop these kinds of actions,” Mayor Bates said at the press conference. “Here is a group of people who have played by the rules and have had no problems in the city with the way they or their patients conduct themselves.”

Americans for Safe Access and California NORML’s efforts coincided with the launch of the Peace for Patients campaign, which is a plea for Congress to “end the war on patients.” The Peace for Patients campaign started as a petition drive and will expand to a wider effort including social media and grassroots meetings with legislators to promote change in federal policy.

Whether you’re a patient needing medical marijuana or a considering becoming a medical marihuana provider, Rudoi Law can help you navigate the shifting, uncertain terrain. We can advise you on the registrations needed and the restrictions proscribed by the Michigan Legislature.

(Related: Former chief justice co-authors book about Supreme Court’s ‘dark money’)

We can also advise you on the prevailing attitudes of prosecutors in your area and what to do in the event you are confronted by law enforcement.

Remember: being confronted by the police about medical marihuana is a real possibility and could have serious consequences. You need to be prepared to defend yourself from overzealous officials.

Read more: https://www.enewspf.com/opinion/commentary/43064-medical-marijuana-advocates-protest-u-s-attorney-general-holder-s-speech-in-berkeley.html


GET REPRESENTATION NOW


  Divider