Michigan Senate Votes to Keep BAC at .08 For Drunk Driving Law

The Michigan Senate unanimously approved a bill that will keep the legal limit of blood alcohol for drivers at .08.  Recently, there had been some debate to raise the legal limit from .08 to .10, where it had been prior to the turn-of-the-century drunk driving reforms.

The Senate bill is expected to be signed by Governor Snyder, keeping Michigan in line with the other 49 states, all of which have .08 BAC levels relative to drunk driving.

According to testimony at the Senate hearings on the bill, the Michigan State Police produced evidence that Michigan will also continue receiving a federal highway grant worth approximately $50 million by keeping the BAC right where it is.

Here at the electronic criminal attorney blog, we have to admit that we agree with the Michigan Senate on this one.  Best to err on the side of caution and safety where our public roads are concerned.

For those of us that have a relatively high tolerance for alcohol, just plan to have that night cap at home, when your car is parked safely in the garage.

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Medical Marijuana Legislative Update

Three years after the passage of the medical marijuana referendum and its attendant Medical Marijuana Act, there have been many developments in Michigan's municipalities, within our legislature, and from the appellate courts.  This blog post is a snapshot of what is currently pending at the Michigan House and Senate.

• HB 4661  Prohibits the operation of marijuana dispensaries near churches, schools, and day care centers; 

• HB 4834  Requires photograph on a medical marijuana card; 

• HB 4850  Limits transfers of medical marijuana; 

• SB 416  Clarifies permissible causes of action under the Medical Marijuana Act;

• SB 504  Prohibits dispensing medical marijuana within 1000 feet of a church or school; 

• SB 506  Clarifies a "bona fide physician patient relationship" relative to the Medical Marijuana Act.

In addition to these bills, there is a growing patchwork of local ordinances further regulating permissible uses of medical marijuana; particularly grow operations and distribution networks.

Stay tuned for the latest on these legislative developments in this and other areas of our constantly evolving criminal law jurisprudence.

Senate Proposes Statewide Registry for Medical Marijuana Patients & Caregivers

Earlier this week, a bill was submitted to the plenary Michigan Senate by the Judiciary Committee that would require a state-wide registry for medical marijuana patients and care providers.  Senator Rick Jones, a sponsor of the proposed legislation and chairman of the judiciary committee said the registry would be a "critical tool" for law enforcement.

 The mechanics of the proposed law would require the DCH to submit a registrant's name and address to the state police within 48-hours of issuing the marijuana registration card.  The police would then be able to call-up the data, for example, during routine traffic stops.

Of course, the compassion care industry is up in arms, viewing the bill as a significant affront to a registrant's privacy.  An earlier version of the bill called for the submission of a wider scope of personal information about a registrant.

Oddly, the ACLU has come around on this bill, opposing the earlier version as overly intrusive, but conceding that a state-wide registry could prevent potentially dangerous raids where lots of feathers get ruffled.  Still, the ACLU's official position is that the bill, even as amended, needs a separate "probable cause" requirement prior accessing the database.  Unworkable, in our humble opinion.

Senator Jones' committee was busy this week, also introducing another medical marijuana related bill; this one to stop those pesky lawsuits filed by high profile lawyers against municipalities over their pot ordinances.

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Cell Phone Texting Ban Passes Michigan House

Distracted driving takes lives.  Many adults have experienced that sick feeling of guilt and relief when you realize you've crossed over the center-line because you were checking your cell phone.

For most of us, we swerve back to our lane, hoping for the best and, statistically, you're fine; you continue to your meeting or appointment.  Others, however, are not so lucky.  Many injuries and deaths result as the incidents of distracted driving sweep over our state's roadways.

The cause is the now-ubiquitous cell phone and our seemingly insatiable need to "stay-in-touch" with everyone and everything at all times.  The electronic criminal lawyer posted on this subject last spring, speculating that it would not be long before the law catches up with our irresponsible habits.

The Michigan Senate has already passed the main legislation and Governor Granholm has indicated she plans to sign the legislation immediately into law.

The proposed fines are $100 for a first offense and $200 for a second offense.  The House of Representatives are now working-out how violations will be recorded by the Secretary of State on a driver's master driving record.

Stay tuned and put your cell phones down when you are driving.

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