Articles Posted in Possession of Marijuana


This publication is dedicated to the topic of drug crimes involving “possession” (as opposed to the more serious felony drug crimes for delivery). This extensive analysis is based upon our firm’s experience in handling drug crimes throughout Macomb County, especially in the 37th District Court (Warren, Centerline), 41-A District Court (Shelby Township, Utica, Macomb Township, Sterling Heights), 41-B District Court (Clinton Township, Harrison Township, Mount Clemens), 42-1 District Court (Romeo, Washington Township) and 42-2 District Court (New Baltimore, Chesterfield Township).

Some of the topics that will be covered in this 2016-2017 Macomb County Possession of Marijuana, Drugs, Paraphernalia Update are:

  • Can the police search my vehicle if I a stopped for a non-criminal traffic violation?
  • Can I be charged with possession of drugs/marijuana if I did not have them in my possession?
  • Can a case be dismissed if someone else is willing to take the rap in the court system?
  • Can the police search my vehicle because they claim that they smell marijuana?
  • Should I do undercover work (snitch) with the police if I am facing a drug crime?
  • Can I be charged with maintaining a drug house if I was in my car and not my house?
  • Will I lose my right to Carry a Concealed Pistol (CPL) if I am convicted of a drug crime (possession of marijuana, possession of analogue, possession of heroin)?
  • Why is 7411 such a big deal?

IMAGE BELOW: Unedited portion of police report from a recent Abdo Law marijuana case in Eastpointe, Michigan (38th District Court).


The vast drug problem in Macomb County and elsewhere has resulted in limited police resources. In my opinion, the police make pre-textual traffic stops and engage in profiling to maximize their law enforcement efforts. A pre-textual traffic stop is one that usually based some minor traffic violation but allows the police to investigate other suspected criminal conduct during the course of the confrontation.  Profiling (based upon age, race, poverty) is universally condemned by the criminal defense bar as a legitimate practice but is considered a valid means to fight the war on drugs in the eyes of the government/police.

 Important Legal Ramifications of Drug “Possession” Crimes 


  • Driver license suspension:  The driver’s license of a person convicted of any drug crime will be suspended for a period 180 days with possible restrictions after the first 30 days. License action does not apply when a drug crime is resolved pursuant to HYTA or MCL 333.7411.
  • MCL 333.7411: Disposition under MCL 333.7411 will result in a dismissal upon successful completion of probation and will not result in any license sanctions as stated above. There may be only one (1) lifetime dismissal under this provision. This provision applies ONLY to drug use or possession crimes. It does not apply to possession of paraphernalia, maintaining a drug house (discussed in detail below) or to any drug crimes involving the manufacturing (growing) or delivery.
  • Concealed Pistol License (CPL): A person convicted of a misdemeanor drug crime will not be able to apply for a CPL for a period of three (3) years. A person convicted of any felony, including all felony drug crimes, will not be able to own or possess a firearm pursuant to both State of Michigan and Federal laws. A person with a valid Michigan Medical Marijuana card is not permitted to purchase a firearm pursuant to Federal laws.
  • Excessive possession with medical marijuana card:  A person that possesses an excessive amount of marijuana beyond the scope of the Medical Marijuana laws as a patient or caregiver may be charged with a drug crime for possession (misdemeanor) or possession with intent to deliver (felony).
  • Section 8 Defense:  A person that would otherwise qualify as a patient or caregiver but does not have a medical marijuana card may assert a Section 8 defense (medical purpose) to fight a possession of marijuana case.
  • Double penalty for second drug crime conviction:  A second drug crime conviction is subject to enhancement under MCL 333.7413 with the potential for double penalty as to incarceration and fines. This can lead to harsh consequences when a person is charged with a drug crime otherwise classified as a misdemeanor, such as possession of marijuana. A second possession of marijuana conviction would constitute a felony (2 years maximum sentence) if enhanced by the prosecutor pursuant to MCL 333.7413. In our experience as criminal and drug crime defense lawyers, the Macomb County Prosecutor’s Office does not hesitate to utilize the double penalty provision when charging for repeat drug crimes.

Misdemeanor or Felony Classifications, Possession of Marijuana, Analogues, Heroin, Cocaine

Again, this publication is intended to provide information for the crimes charged under the Michigan criminal laws that prohibit possession of marijuana or drugs for personal use, as opposed to the more serious felony drug crimes of manufacturing or delivery.  All drugs in Michigan are classified from Schedule 1 to Schedule 5 pursuant to MCL 333.7212 of the Michigan Public Health Code. The breakdown of drugs into schedules is based upon the potential for abuse/addiction (Schedule 1 drugs are considered the most dangerous/addictive/abusive).  Drug crime penalties:

Drug Crime

Possession Ecstasy

Possession Meth

Possession Heroin

Possession Cocaine

Possession Oxycodone

Possession Analogues

Possession LSD

Possession Psilocybin

Possession of Marijuana

Possession Parphernalia












Maximum Penalty

10 years, $15,000 fine

10 years, $15,000 fine

4 years, $25,000 fine

4 years, $25,000 fine

4 years, $25,000 fine

2 years, $2,000 fine

1 year, $2,000 fine

1 year, $2,000 fine

1 year, $2,000 fine

90 days, $5,000 fine

 Can the police search my car if I am only stopped for a non-criminal traffic violation?

The police may not conduct a search without a valid search warrant or legal grounds to conduct a search without a warrant.

If a person is pulled over or stopped by the police for a non-criminal traffic violation, there is rarely any justification to search the vehicle or occupants. However, the reality in our Macomb County criminal cases indicates otherwise. We are seeing a large number of cases where individuals are charged with possession of marijuana, paraphernalia, analogues or other drugs when the police can invent or find a way to conduct a search (see plain view, plain smell, consent discussed below). In fact, drug crimes involving possession, especially marijuana, consistently show up in higher numbers than other crimes on every criminal docket in our Macomb County Courts. I attribute the increase in drug possession crimes in Macomb County to the widespread distribution of marijuana, heroin and analogue drugs (especially Xanax, Vicodin, Adderall, Norco) which seem to be easily available in every community. The extent of the problem was covered in a recent Detroit Free Press article, Mich drug overdose deaths up 14%; heroin, pain-killers are culprits.

Legal grounds to search a person or vehicle without a warrant

In my opinion, the police ignore many opportunities to stop a vehicle for a marginal or minor traffic violation unless they feel that the traffic stop will yield other fruits.

Once a valid traffic stop is made, the police are in a lawful position to observe their surroundings and make an inquiry. Here are some common factors in drug cases that we have handled in the Macomb County Courts:

  • Vehicle is occupied by youthful offenders.
  • The traffic stop or confrontation occurs in the late evening hours.
  • The traffic stop is for a minor traffic violation or defective equipment.
  • The vehicle parked in a dark or suspicious area.
  • The police conduct a search pursuant to consent, smell of marijuana or plain view (see explanation below).
  • Criminal charges will be pursued or the suspected party will be asked to provide cooperation/undercover work if marijuana or any drugs (even slight quantities) are found.
  • In addition to pressing criminal charges, the police may consider seizing any cash and the motor vehicle involved.

Based upon Michigan laws, a search may occur without a warrant under these circumstances:

  • Plain view:  Objects found in plain view are subject to seizure without any further justification provided that the law enforcement officer has acted legally.
  • Consent:  The police do not need a warrant or probable cause to search a person or vehicle if they obtain the consent of the party.
  • Smell of marijuana: The Michigan Supreme Court has held that the smell, or like plain view, “plain smell”, can justify a search of a car without a warrant.
  • Search incident to an arrest:  If criminal conduct is discovered following a traffic stop, such as a person driving on a suspended license, the police may conduct a search of the person and an inventory search of the vehicle incident to the arrest. (Driving on a suspended license (DWLS) is a crime, not a civil infraction.

Link to youtube video regarding consent searches:

Do the police ever fabricate grounds or abuse the process to conduct a search without a warrant?

Legal arguments arise when the police look into a glove-box or vehicle compartment and claim that a well-hidden illegal substance, such as marijuana or paraphernalia, was found in plain view. Consent searches are also an area of contention that sometimes demand a closer look especially when consent is obtained based upon coercion or threats. Some tactics used by the police to get a party’s consent:

  • Threat to obtain a search warrant.
  • Threat to get the K-9 dogs to sniff out the dope.
  • Claim by police that person or car smells like marijuana but want to obtain consent as a second means to validate a search.

In a related article from the Washington Post, STOP AND SEIZE, see how the police use traffic stops to take hundreds of millions of dollars from motorists not charged with crimes.

HELP: I did not have the marijuana/drugs in my possession but the police charged me with possession!

In the eyes of the law, there is such a thing as being at the wrong place at the wrong time. When the police find marijuana or other illegal property in a vehicle, they may opt to charge only one party, or every party/occupant that can be said to be in “possession” or control of the property.

Actual possession:  A person caught red handed with marijuana hidden in his clothing (pocket, bra) is in actual possession and would have a hard time proving otherwise.

Constructive possession:  Constructive possession means a person had knowledge of the substance and an ability to control it. This differs from actual possession and would encompass situations where drugs are not found on a person but in an area within his control. For example, assume the police find marijuana or drugs in what we call a “common area” (under a passenger seat, ashtray or on the floor). In these scenarios, the police may charge every occupant with possession under the theory of “constructive possession”.

One person willing to take the blame:  In other drug cases that wind up in the system, we may have a single party that is willing to take the rap for others. Under the circumstances, the prosecutor can still argue joint possession or that the party taking the blame lacks credibility.

Should I do undercover work for the police if I am facing drug charges or get a lawyer and go with the court option?

The police may offer leniency or some concession on the drug charges in exchange for cooperation, or what is commonly known as snitching. Undercover drug operations are dangerous and a favorable deal by the police is not assured. Furthermore, undercover activities are often done outside of the court system and without the protection of a lawyer.

The advice of an experienced criminal defense lawyer is crucial when confronted with this option. Engaging in undercover drug deals is not within the comfort zone of most of our Macomb County suburban clients. In fact, our clients have chosen the court option as opposed to snitching more than 90% of the time. In addition, clients have retained our firm following a frustrating episode of cooperation/snitching.

What does it mean if I am charged with maintaining a drug house?

The prosecutor can raise the stakes on mere drug possession charges by adding an additional serious criminal charge known as “maintaining a drug house” when a person:

Knowingly maintains a store, shop, warehouse, dwelling, building, vehicle, boat, aircraft, or other structure or place that is frequented by persons using controlled substances in violation of this article for the purpose of using controlled substances or that is used for keeping or selling controlled substances.

Maintaining a drug house is considered a high court misdemeanor in Michigan that punishable by imprisonment for not more than 2 years, or a fine of not more than $25,000.00, or both. For many purposes, it is viewed as a felony because the punishment consequence is greater than 1 year.

Charged with possession of marijuana, paraphernalia or drugs? It’s not as bad as you think!

When confronted with a drug crime, or the issues surrounding a questionable search, our Macomb County criminal defense lawyers will break down the legal options and make recommendations that are in your best interests. Taking an extreme position to engage in an all out war against the police and prosecutor is not necessarily going to be our recommendation. Other less drastic legal solutions are often at our disposal to resolve a drug case.

Fortunately, drug crimes are legally manageable in the court system. Jail is rarely on the table and plea bargains under special provisions of law can equal a dismissal after a period of probation:

MCL 33.7411: (As discussed in an earlier section of this publication) Subject to an offer by the prosecutor and acceptance by the court:  Allows for first time drug crimes involving possession (INCLUDES ALL MISDEMEANOR OR FELONY DRUG USE OR POSSESSION CRIMES) to be dismissed after a period of probation.

HYTA:  Subject to acceptance by the court when requested and approval by the prosecutor for offenders age 21-23:  Allows for dismissal of drug crimes (INCLUDING DELIVERY) to be dismissed. This provision applies to offenders from age 17 but under age 24. This provision of law may be used more than once as long as the offender is meets the age requirements and the offense is one that is not excluded by HYTA.

Felony Drug Possession:  As I have written, 7411 may be utilized to get a dismissal of a felony “possession” drug charge. However, 7411 is not available more than once or for those with a drug crime record. When the answer cannot be found in 7411 or HYTA, our goal may be to negotiate reduction of a felony drug possession charge down to a misdemeanor.

Even repeat drug crime offenders, or those with a prior criminal record, are not necessarily looking at jail. In this regard, we are seeing more compassion exercised by the court system in cases where the offender is willing to engage in substance abuse treatment. In addition, the courts are starting to lighten up on offenders that have a medical marijuana card. Again, the Macomb County Courts will consider a viable treatment plan in lieu of jail in our experience.

Our blogs are based upon our personal experience as criminal defense lawyers.  For more information about felony representation, misdemeanor representation, drug crime representation, plea bargaining, sentencing or other areas of criminal law, please  feel free to review our website and other blogs published by ABDO  LAW.








Macomb-County-Sheriff-car-jpg_834905_ver1.0_1280_720Drunk driving is charged as a crime; not a traffic violation. From our experience, first offenders finding themselves in this position rarely fit the mold of someone that you would expect to get into trouble with the law. On the contrary, most clients that we see charged under Michigan’s drunk driving laws are victims of unexpected circumstances that they never anticipated. In many cases, they lack a recent experience or episode with alcohol consumption and underestimate its effects.

Some of the questions that will be covered in this article are:

  • Will I lose my license if I am convicted of a drunk driving?
  • Will I go to jail?
  • Can the police obtain a search warrant and force me to take a blood test if I refuse the breath test?
  • How long does it take for alcohol to be eliminated from my body after consumption?
  • What will happen to my right to obtain or maintain my Concealed Pistol License (CPL)?
  • Can I cross the border into Canada if I am convicted of a DUI?
  • Can a drunk driving case ever be dismissed?
  • What is a deviation request?
  • Can I still drive on a temporary license and when will I get my picture license back?
  • Can I be charged with DUI-marijuana?
  • Do police like making DUI arrests?
  • See Link: How do I find information about Sobriety Court?
  • Can a drunk driving offense ever get expunged?

Although I have not officially counted, there are more laws, ordinances and administrative rules on the books for drunk driving than exist for murder, kidnapping and armed robbery combined!

The court process is foreign and frightening to most individuals that are charged with a drunk driving offense. I have written this article to provide updated information on the topic of drunk driving, provide answers to frequent questions and dispel any myths or rumors that may haunt individuals in this predicament. I have no doubt that those seeking information regarding drunk driving ranks consistently high as a popular topic considering that recent information compiled by the Michigan State Police in its annual drunk driving audit indicates that Macomb County and Oakland County made approximately 6700 combined drunk driving arrests in 2015! Arrests  by the Macomb Sheriff Department (217), Shelby Township Police (162), Sterling Heights Police (164) and Warren Police (190), top the list for DUI arrests made by Macomb County police agencies. (MSP 2015 drunk driving audit).

Why did the police destroy my driver’s license? Can I still drive with a temporary license? When will I get my picture license back?

dui 257g

The following is a directive to law enforcement officers after placing someone under arrest for a DUI:

MCL 257.625g: On behalf of the secretary of state, immediately confiscate the person’s license or permit to operate a motor vehicle and, if the person is otherwise eligible for a license or permit, issue a temporary license or permit to the person. The temporary license or permit shall be on a form provided by the secretary of state.

Once officially arrested for a drunk driving offense, the police will destroy the plastic driver’s license and issue a Michigan Temporary Driving Permit as seen above.  This permit will be provided to the offender upon release from jail along with a baggie containing the following:  breath-test result, ticket or other notification, bond receipt and towing receipt. This Michigan Temporary Driving Permit will enable the person to continue to operate a vehicle without any restrictions. Any license restrictions or suspension will not be triggered by the Secretary of State until there is a finding of guilt for a drinking and driving offense (or other offense as listed below). Upon conviction or finding of guilt, the Secretary of State will issue license action by mail to the last address of the offender. The aggrieved party may obtain a new picture license after all of the license action has expired with respect to the underlying conviction offense. License action may also be imposed for alcohol/drug test refusals pursuant to Michigan’s implied consent laws.  As I state in various parts of this article and in our website, license action is mandatory and is imposed by the State of Michigan, not the court system. The court system is powerless to intervene or provide any relief when a person is suspended or revoked for a drinking or driving offense.  However, the court does have the power to grant license restrictions for certain drug crimes involving possession or use when restrictions are otherwise allowed by statute.  Sobriety court may also save a repeat DUI offender from a mandatory license revocation.

Michigan Alcohol or Drug Crime License Action
OWI/Impaired Causing Death Indefinite revocation
OWI/Impaired Causing Serious Injury Indefinite revocation
1st Offense OWI or OWPD 30 days suspended, 150 days restricted
2 OWI/Impaired in 7 year period Indefinite revocation (sobriety court is a possibility to get restrictions with BAIID)
3 OWI/Impaired in 10 year period Indefinite revocation 1 year to 5 years before eligible for license appeal
Child Endangerment w/child u/age 16 90 days suspended, 90 days restricted
Super Drunk (High BAC .17% or greater) 45 days suspended, 320 days restricted with BAIID
Impaired Driving (OWVI) 90 days restricted
Zero Tolerance, Under 21 w/.02% – .07% 30 days restricted
1st Offense Possession Drugs/Marijuana 30 days suspended, 150 days restricted
2nd Offense Possession Drugs/Marijuana 60 days suspended, 305 days restricted
1st Offense Minor in Possession of Alcohol No action
2nd Offense Minor in Possession of Alcohol 30 days suspended, 160 restricted

An indefinite license revocation may be appealed after a minimum of one (1) year (or after 5 years for a second revocation) to the Driver Appeal and Assessment Division of the Michigan Department of State. Any tickets obtained during a period of revocation will result in an additional period of revocation of one (1) year or possibly more.

Some facts about our first offender clients facing a drunk driving

Here are some of our findings regarding a majority of first offender clients, or nearly first offenders, that get hit with a drunk driving:

  • Does not have any prior drunk driving history or may have a DUI offense from many years ago.
  • Does not usually consume alcohol in excess.
  • Was cooperative with the police.
  • Is caught driving within a few miles from home, usually in the late evening hours.
  • Has a good driving record.
  • Was not involved in an accident.

Alcohol consumption issues, blood alcohol content, search warrant for blood, elimination of alcohol over time

Shot, Beer, and Wine

Legal intoxication means the amount of alcohol contained in one’s blood (reported as a percentage) that will constitute drunk driving (operating while intoxicated). Law enforcement officers use breath, blood or urine tests to measure a person’s blood alcohol content (BAC). In Michigan, a BAC of .08% or more is considered legally intoxicated, regardless of actual intoxication. A search warrant for a blood test may be obtained when a chemical test is refused or under circumstances where the police are seeking a blood test for drugs or marijuana. If the Secretary of State finds that the refusal was not reasonable, the offender’s license will be suspended for a one (1) year period pursuant to Michigan’s implied consent laws. Drink/weight BAC index charts are a fairly reliable source of information on the subject of blood alcohol content.


Unfortunately, this whole process is technical, confusing and often catches people by surprise. Seniors citizens are especially vulnerable as they usually avoid alcoholic beverages because of medications or other age related health concerns. In addition, senior citizens, like most people, rarely understand their individual tolerances to alcohol and how much alcohol consumption is required to be legally intoxicated. The science of alcohol elimination from the body also plays a role in a person’s BAC. Just as alcohol is absorbed in a person’s blood over time, it is also eliminated. Although each person has a unique metabolism rate, it is estimated that alcohol is eliminated from the body at the rate of .015% per hour after hitting a peak BAC.  At this rate, it takes an estimated 70 to 90 minutes, or longer, for the human body to eliminate a single drink. A single drink = 1.5 oz. shot of 80 proof hard liquor, a 5 oz. glass of wine (12% alcohol) or a 12 ounce beer (5% alcohol).  See hours to zero chart below:


Once behind the wheel of a car after consuming alcoholic beverages, ignorance of the law is not a excuse and the law enforcement officials do not discriminate even for those individuals that have never been in trouble.

Drunk driving basics

The term drunk driving as used in this article means criminal charges for:

  • Super Drunk Driving: Operating with a high BAC (BAC .17% or more)
  • Operating while intoxicated / OWI (BAC .08% or more)
  • Operating while under the influence of drugs (including prescription meds)
  • Operating while impaired

Our website contains detailed information, including license sanctions, for each of the above offenses.  An ignition interlock device (BAIID) is mandatory for persons convicted of super drunk driving but also may be imposed as a sentencing condition for other drinking and driving offenses!  All of the above offenses contain mandatory state of Michigan sanctions. The State of Michigan sanctions include: license suspension/restrictions, driver’s responsibility fees and points. In addition to mandatory State of Michigan sanctions, a person convicted of any of the above offenses is subject to numerous court sanctions upon sentencing. Most court sanctions are discretionary and may include one or more of the following:

  • Incarceration
  • Probation for up to 2 years
  • Fine and court costs
  • Mandatory alcohol assessment
  • Imposition of substance abuse program, attendance of AA meeetings, in-patient care
  • Imposition of random alcohol and/or drug testing, or require a transdermal testing monitor
  • Community service
  • Restrictions on travel out-of-state
  • Restrictions on consumption of alcohol
  • Imposition of ignition interlock device on motor vehicle (BAIID) as a condition

What about driving under the influence of marijuana?  Do police need a warrant to search my vehicle?

Michigan is way behind when it comes to the issue of marijuana. The main issue is whether marijuana will be legalized for recreational use. The response to that issue will be reserved for another article. For this article, the question is whether someone can be charged with driving under the influence of marijuana. The answer to this question is YES. However, we are not seeing many cases whereby a person is charged with DUI-marijuana. Instead, our firm has been retained for several cases in the Macomb County District Courts where the police opt to charge an operator of a vehicle (usually a youthful offender), along with the occupants, with possession of marijuana and/or paraphernalia and not OWI-marijuana.  I believe this to be the case because, unlike testing for alcohol (.08% = OWI), the State of Michigan lacks any standardized rules/testing for what constitutes being “under the influence” or impaired” by the consumption of marijuana. Another reason, in my opinion, is because police really do not like to make DUI arrests. A DUI arrest can keep a law enforcement officer off of the road for several hours. A DUI arrest entails compliance with several state laws as well as administrative rules in order to accomplish technical testing procedures, booking and incarceration of the offender and extensive document preparation (police report, temporary license, bond forms, etc.). 

Frequent possession of marijuana scenario, consent search: Search warrants are time consuming and there is rarely sufficient justification for the officer to obtain one after a routine traffic stop. However,  a search warrant is not required when the police find something in plain view, obtain consent to search or make a search incident to an arrest. This brings us to the typical scenario:  After pulling over a vehicle, or seeing one parked in a dark area, the police will confront the driver and occupant(s) and claim that they can smell marijuana. The police are skilled at getting information and can usually avoid the search warrant requirement by getting the occupants of the vehicle to surrender any marijuana or consent to a search.

For the offender, getting charged with the drug crime of possession of marijuana  or analogues is preferable to anything associated with a DUI and is usually resolved favorably in the Macomb County Courts with a dismissal under MCL 333.7411 or HYTA for youthful offenders (age 17 to 23).

It is another story entirely, and felony charges are likely, under circumstances whereby the operator of a vehicle tests positive for THC or other drugs and is involved in an accident causing the injury or death of another person. In this scenario, the defense attorney would obtain the blood test results and determine whether the marijuana usage was recent and examine the THC nanogram levels.

What can someone with a clean record expect?

I would assume that the answers to this question are the main reason that someone would read this article.  Getting a dismissal is a top priority in every criminal or drunk driving case. This lofty goal is not always attainable. Depending upon several factors in a given case, we may recommend fighting the case at trial, seeking a deviation request or negotiating a plea bargain. Realistically, recent statistics indicate that approximately 90% or more of all criminal and drunk driving in the Untied States are resolved by plea bargaining. Our Macomb County district courts are no exception.  Plea bargaining can result in reduction in the charges as well as recommendations for leniency at the sentencing phase of the case. For every criminal and drunk driving case, the prosecutor, probation officer and the judge will look at the prior criminal record of the offender. Depending upon the circumstances, I am not usually concerned about an old criminal conviction from back in the 1970’s or 1980’s. However, recent prior criminal offenses may preclude an offer of a plea bargain in drunk driving cases without a formal deviation request. Other variables that are taken into consideration are:

  • Whether there was an accident
  • The prior traffic record of the offender
  • The blood alcohol content, high or low?
  • Whether there are any other egregious factors or criminal charges brought at the same time (fleeing the police, resisting arrest)
  • Whether the offender mixed alcohol with other drugs or medications

If an individual is charged with operating while intoxicated (OWI), plea bargaining down to an impaired driving may be the best option.  For those charged with super drunk driving (.17% or more), a reduction to a lower drinking offense will take additional legal maneuvers  and possibly a deviation request as I describe further on in this article. Our firm will also ask a person charged with a super drunk driving to obtain a substance abuse evaluation which we will eventually utilize at various stages of the court process including pretrial conference, probation interview and sentencing.

Ruling out any variables that grab the court’s attention, I can say that based upon our experience, first offenders are treated extremely fair in every Macomb County Court. Although I have listed several possible court sentencing sanctions in the prior paragraphs which represents the larger picture, our experience has been favorable to the extent that we can often avoid the harshest penalties. Again, the sanctions imposed by the State of Michigan (license sanctions, driver responsibility fees, points) are inescapable. Also, every court will invariably impose fines and court costs in the range of $800.00 to $1,500.00, depending upon the district court. Fines and costs in the 41-B District (Clinton Township) and 42-1 District (servicing Romeo, Washington Township) tend to be the highest while the 41-A District (with 2 locations servicing Shelby, Macomb, Utica and Sterling Heights) and the 42-2 District Court (servicing New Baltimore, Chesterfield Township) are on the lower side. In addition to fines and costs, a person with an otherwise clean record can expect some probation, an alcohol education/counseling program and possible random alcohol testing. Fighting for non-reporting probation, no testing, a limited counseling program (1 day class) and other leniency are realistic goals for individuals that qualify as isolated offenders and do not display a problem with alcohol.

Additional sanctions and consequences of a DUI conviction include:

  • CPL rights: A person convicted of a drunk driving offense (either OWI or impaired driving) will lose CPL rights for 3 years. There are no exceptions to this rule.
  • Canada inadmissibility:  Based upon Canadian immigration laws, a person that has been convicted of driving while impaired by alcohol or drugs will probably be found criminally inadmissible to enter into Canada. Under certain circumstances, this harsh restriction may be overcome by showing of rehabilitation or obtaining a permit.
  • Police response costs:  In recent years, the costs incurred by the responding police agency are subject to collection for a person charged with a drinking and driving offense. I have seen these costs run anywhere from $300.00 to $600.00.
  • Expungement: The process of expungement (setting aside a conviction) is controlled by rigid rules in Michigan. While we are able to get extremely serious crimes (drug dealing, felony assault, theft/embezzlement) expunged, traffiic and drunk driving cases are not eligible. Personally, I am critical of this absurd exception which is contained in the Michigan expungement statute. This exception is based in part to the fact that the drunk driving laws contain sentence enhancements for repeat lifetime offenses (lifetime DUI third = felony). Also, in my opinion, the insurance industry may have had some influence in this matter to keep tabs on drivers and adjust rates accordingly.
  • Insurance costs: A person convicted of any drinking and driving offense will ultimately be hit with increased insurance premiums for several years after the conviction. These higher insurance costs are in addition to hefty fines/costs imposed by the legal system, driver responsibility fees, police response costs, substance abuse evaluation and court imposed programs. Some individuals will be labeled “high risk” or terminated by their own insurance company following a DUI and will need to hunt for a coverage elsewhere.

Can a drunk driving case ever be completely dismissed?

I am sure you are wondering whether a drunk driving can be completely dismissed. There are a couple of legal avenues that can be pursued which may result in a dismissal or reduction of a drunk driving. Getting a not guilty verdict at trial is one way. The second way is by preparing and filing a deviation request with the prosecutor’s office assigned to the case.

Trial:  Anyone accused of a crime has the right to a trial. In drunk driving cases, there may be a question regarding the legality of the traffic stop or whether the police officer followed protocol in administering the BAC test for breath, urine or blood. Trial services will cost more money with every experienced drunk driving firm. In addition, there is no guarantee that a person will win at trial. Only after evaluating a case will an attorney be able to render an opinion as to whether there are good grounds for trial and make recommendations accordingly.

Deviation request:  A second way to obtain a dismissal is by filing a deviation request with the prosecutor’s office. A deviation request is a formal request with supportive material to seek a favorable outcome when the policy of the prosecutor otherwise is against any plea bargain. Our firm utilizes deviation requests in our criminal and drunk driving cases when a client has several positive factors and we feel that the prosecutor will consider a compassionate outcome. In addition to the prosecutor, the arresting officer’s consent is typically needed before a deviation request may be granted. For this reason, one of our first questions at an initial consultation for a drunk driving case is whether the client cooperated with the police.  In our experience, when a deviation request is granted, the drinking and driving charge is reduced to careless driving (a non-criminal offense) and probation conditions may also be imposed by the court.  Again, like trials, there is an additional expense to prepare and file a deviation request with no guarantee as to the outcome.

Drunk driving cases in Michigan (except felonies) are handled in the district courts

With the exception of felony drinking and driving cases, all misdemeanor drunk driving cases are handled to completion in the district courts. Felony drunk driving offenses (DUI third offense, DUI involving injury or death) are ultimately resolved in the higher court (Macomb County Circuit Court).  In limited circumstances, a Macomb County DUI third offense (felony) can be negotiated downward to misdemeanor in the district court.

The Macomb County district courts, along with jurisdictions covered and internet links are as follows:



fabian dismissal

Above image is an actual court disposition resulting in dismissal of multiple offenses.

This blog is based upon our experience representing clients that are charged with multiple criminal offenses. Multiple criminal offenses may be brought even when there is a single intent involved. When confronted with multiple criminal charges, our objective becomes one of untangling the mess, isolating what really occurred and attempting to get charges reduced or dropped.

In certain situations, a person may obtain multiple criminal charges arising out a single incident, single intent or criminal episode. An evening of alcohol consumption with friends, or the escalation of a domestic altercation, sometimes ends poorly. In other cases, multiple criminal charges may be the result of an over-zealous prosecutor or police agency seeking to hit an offender with every offense in the Michigan Penal Code. In our experience, multiple criminal charges arising out of a single incident is usually “over-kill” on the part of the prosecutor or cops and seldom results in multiple convictions when approached with a sound legal strategy.

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Possession or sale of drug paraphernalia is a criminal offense in Michigan. A person may be charged with the offense “possession of drug paraphernalia” even though there are no drugs or marijuana involved. Most items the law considers drug paraphernalia are harmless and not otherwise illegal. However, when the items are associated with past or present illegal drug use, criminal charges may be pursued.

Drug paraphernalia, or narcotics paraphernalia, is the umbrella label given to describe the equipment utilized for the purpose of using or dealing in controlled substances and marijuana. A marijuana pipe, a triple beam scale, needles and bongs are all considered drug paraphernalia.

In Michigan, the definition of drug paraphernalia is found at MCL 333.7451:

image.pngCooperation, Undercover Drug Deals, Snitching: Using the little fish to get the big fish.

We have found that our clients charged with drug crimes experience a state of insecurity and despair when it comes to doing undercover work or cooperating with the police. This is something that is outside of the comfort zone for nearly everyone, especially the family members of our clients faced with this dilemma.

The classic predicament: Should a person engage in undercover drug deals or hire a lawyer for advice and face the criminal charges in the court system?

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Our experience tells us that the most prevalent misdemeanor crimes which are prosecuted in the Macomb County District Courts by crime type are as follows:

Possession of Marijuana
Domestic Violence
Retail Fraud
Driving While License Suspended
Operating While Intoxicated
Disorderly Conduct

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A recent docket of cases in a Macomb County District Court
Fortunately, these common misdemeanors are manageable from the point of view of our criminal defense lawyers. Again, our experience is based upon handling 1000’s of misdemeanor cases in all of the Macomb County District Courts.

When we refer to Macomb County District Courts, we are referring to:

In Michigan, there are distinct provisions of law designated for the crimes of Possession of Marijuana and and Domestic Violence to obtain a dismissal and suppression of the public record without going to trial. When we represent a youthful offender (age 17 but before age 24), we can petition the court to have the individual assigned to HYTA status which also results in a dismissal and sealed record upon successful completion of probation. Our blog pages and web site contain several references to these provisions of law which may be linked as follows:

Delayed Sentencing and Dismissal of Retail Fraud and Disorderly Conduct Cases (also can be used for other misdemeanors and felonies)

There is also a delayed sentence law which is found at MCL 771.1. This law is a general provision which can be used for any criminal offense with certain exceptions. Basically, it allows the Judge to delay the sentence and fashion a disposition that the offender can earn after a period of probation. Our criminal defense lawyers have utilized this provision of law extensively for numerous misdemeanor offenses including the commonly charged offenses of Retail Fraud and Disorderly Conduct. There are certain formalities to gain the benefit of a dismissal pursuant to MCL 771.1. Our criminal defense attorneys negotiate a plea bargain for application of MCL 771.1 with the prosecutor for a delayed sentence at a pretrial conference with the component of a dismissal after a period of probation. The Judge has the final say regarding acceptance of the usage of MCL 771.1 and whether dismissal will be provided at a future delayed sentencing date. For information, click here for a link to the blog page which pertains to Retail Fraud charges.

Operating While Intoxicated and Driving While License Suspended

The use or operation of a motorized vehicle is an essential element of the misdemeanor crimes of Driving While License Suspended and Operating While Intoxicated. Possession of marijuana does not require the use of an automobile for the crime to occur. However, possession of marijuana cases often are the end result of a traffic stop after the police officer smells marijuana or obtains consent to search the vehicle or the occupant. We don’t always agree with the police methods utilized to obtain consent to search which may involve subtle threats to get a search warrant or to call in the drug sniffing dogs.

Driving While License Suspended and Operating While Intoxicated do not fit neatly into a special provision of law which allows for outright dismissals after a period of probation and compliance. In my opinion, you can thank the insurance industry for legislation that does not allow an offender to obtain expungement of a traffic offense or traffic related crime such as Driving While License Suspended or Operating While Intoxicated. Nonetheless, we are often able to obtain reductions of both Driving While License Suspended and Operating While Intoxicated to minimize points, fines, driver responsibility fees, license sanctions and other sentencing consequences.
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