Police say they can tell if you are too high to drive

Police say they can tell if you are too high to drive

Police say they can tell if you are too high to drive. Critics call it ‘utter nonsense’

Haley Butler-Moore sped up to pass a semi on the highway when she suddenly saw the police lights.

She’d left Albuquerque hours earlier, heading to a Halloween party in Denver. Tired from the long drive, she recalled being nervous as she pulled out her paperwork. The trooper asked Butler-Moore to come sit in the patrol car.

“Do you use any recreational drugs?” asked the officer, as captured on the body camera.

“No,” said Butler-Moore.

“OK, because your eyes are saying something completely different. So how much have you used today?”

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

‘Police science’

At the police station, the DRE officer, one of more than 8,000 scattered in departments across the country, asked Butler-Moore to recount everything she did that day.

“If there is no impairment, it will come out here,” the officer told her, the entire evaluation recorded on bodycam.

But the officer had concerns. Butler-Moore had put the wrong date, from the day before. That’s because, Butler-Moore said, she didn’t realize it was already after midnight.

Read the whole story here at MLive

Disclaimer: This article provides a general overview, or opinions and does not substitute for legal advice.  As with any law it can change or be modified and research should be done before you rely on any information provided on the internet. Although we make all attempts to link relevant laws these laws can often be gray and corrupted to fit a narrative. Anyone charged with any alleged crime should consult an attorney for specific legal guidance. Articles may be 3rd party or contain opinions and information that do not reflect the current stance of Komorn Law.

Michigan Laws

Michigan Law on Boating Under the Influence

Michigan Law on Boating Under the Influence

Michigan Laws on Boating Under the InfluenceBoating is a fun activity, but it can be dangerous if the operator is under the influence of drugs or alcohol. Michigan law prohibits operating a motorboat while under the influence of drugs or alcohol. Boating Under the...

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A secured and safe vote thanks to new laws in Michigan

A secured and safe vote thanks to new laws in Michigan

Governor Whitmer Signs Historic Election Bills Package to Ensure Every Vote Can be Cast and Counted

In Case You Missed It

November 30, 2023

“Today, we are expanding voting rights and strengthening our democracy,” said Governor Whitmer. “Michiganders spoke clearly last year when they overwhelmingly passed Proposal 2, and now we are building on that effort. By banning deepfakes and AI in campaign advertisements, criminalizing violence towards election workers, and allowing souls to get to the polls, we are making our sure every Michigander’s vote is cast and counted.”

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

“This is a great day for democracy and for the people of Michigan,” said Secretary of State Jocelyn Benson. “I’m grateful to the Governor and to our legislative partners doing the thoughtful, collaborative work to make our elections safer and more accessible for all citizens. With these new tools we are well-prepared to administer secure and fair elections in 2024 and to preserve the strength of Michigan’s democratic process for future generations.”

Protecting Election Workers and Officials

House Bill 4129, sponsored by state Representative Kara Hope, guarantees protection under the law for Michiganders from the actions of intimidating an election official and preventing an election official from performing the official’s duties during an election and enforces a corresponding criminal penalty.

Senate Bill 505, sponsored state Senator Dayna Polehanki, would prescribe a maximum felony penalty of five years for individuals engaging in activity that would prevent or prohibit election workers from doing their jobs.

Improving Election Efficiency

Senate Bill 385, sponsored by state Senator Erika Geiss, amends Michigan Election Law making it easier for Michiganders to participate in the Democratic process as an election inspector by allowing them to file an application online, which will also save counties, cities, and townships money on paperwork.

“At the heart of our democracy is the essential right to vote. Today, with House Bills 4983 and 4695, we’re making it easier to exercise that right,” said state Representative Penelope Tsernoglou (D-East Lansing).  “These bills speak to our collective responsibility to uphold the democratic values that define us.

House Bill 4569, sponsored by state Representative Betsy Coffia, allows for preregistration of an applicant that is at least 16 years old but not older than 17 and a half, so that the Secretary of State can process their voter registration in that eligible election year. 

“Allowing young people to pre-register to vote — particularly while they’re learning about civics and the democratic process in school — will undoubtedly increase participation in our elections by ensuring when they are legally eligible to vote at 18, they will be all set to become a lifelong voter,” said State Representative Betsy Coffia (D-Traverse City)

Voter Registration

Senate Bill 594, sponsored by state Senator Jeremy Moss will expand voter registration options for citizens by allowing folks to register to vote using the last four digits of their social security number which is commonly used as a secure method in other areas of government.

House Bills 4983, 4984, 4985, and 4986 further expands Michigan’s automatic voter registration process.

House Bill 4983 requires the Secretary of State to register any person who applies for a license or ID card who is eligible to register to vote and to send that applicant a notice of registration with an instruction on how to decline that registration.

Don’t do what you do

House Bills 5143, sponsored by state Representative Matthew Bierlein, defines “artificial intelligence” under the Michigan Campaign Finance Act. 

“Artificial Intelligence is a rapidly evolving technology. As we go forward, it’s going to have an even greater impact on our elections process and how people consume political information leading up to elections,” said state Representative Matthew Bierlein (R-Vassar). “Transparency is crucial as this technology moves forward and I’m looking forward to working with my colleagues across the aisle on a bipartisan package to address these evolving concerns.”

House Bill 5144, sponsored by state  Representative Penelope Tsernoglou, makes it a crime for a person to knowingly distribute materially deceptive media generated by artificial intelligence if they do so with the intent of harming the reputation or electoral prospects of a candidate in an election occurring within 90 days and deceiving voters into falsely believing that the depicted individual engaged in the fake speech or conduct, and the distribution is reasonably likely to have that result.

House Bill 5145, sponsored by Representative Noah Arbit (D-West Bloomfield), adds a felony sentencing guideline for a person who violates House Bill 5144 more than once within five years.

Legal Counsel and Your Rights

When facing legal challenges, particularly in criminal cases, it is advisable to seek legal counsel immediately.

An experienced attorney can provide guidance on how to navigate interactions with law enforcement while safeguarding your constitutional rights.

Since 1993 our expert legal defense in navigating criminal law matters and protecting your constitutional rights are what we eat for breakfast everyday.

Contact Komorn Law PLLC if you’re ready to fight and win.

Research us and then call us.

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Washtenaw Prosecutor will not file any criminal charges on you

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Cannabis – The Rise and Fall and Trail of Survivors Pile Up

Cannabis – The Rise and Fall and Trail of Survivors Pile Up

Thieves make off with 1,000 pounds of premium flower in cannabis from a corporate grower in Michigan. Then, the GM sells off 650+ pounds to pay employees.

The recent theft of over 1,000 pounds of marijuana from 305 Farms, a corporate cannabis grower in West Michigan, has raised serious concerns in the industry.

This incident, which involved more than $600,000 worth of product, occurred at the farm’s expansive 39-acre facility in Lawrence, located about 30 miles west of Kalamazoo.

Investigations suggest that individuals with insider knowledge may have played a role in the crime. Like many cultivators across the state, 305 Farms has been facing significant challenges in this competitive market.

In July 2024, a group of employees filed a lawsuit against the company, claiming that it had failed to compensate them for thousands of dollars in wages owed.

The oversaturation of Michigan’s legal cannabis market has led to historically low prices, creating significant hurdles for cultivators trying to thrive in this challenging landscape.

A few days later and this happens…

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

Michigan cannabis manager decisively sells off the harvest to resolve overdue payments to staff.

Oct 28, 2024 – The general manager of 305 Farms is currently under scrutiny for possible criminal charges related to the sale of over 660 pounds of cannabis, with nearly $270,000 in proceeds allegedly utilized to pay his employees for outstanding wages.

Employees allege that the company indicated termination would be a consequence for not returning the funds from the sale as 305 Farms has faced a considerable reduction in its workforce over the past year.

Allegedly they have been enduring a work environment characterized by threats, humiliation, lack of compensation, and excessive stress.

Via hearsay it is alleged that the company owed more than an estimated $1 million in unpaid wages beforethe GM’s defiant sale. 

There will be more to come.

Disclaimer: This article provides a general overview, or opinions and does not substitute for legal advice.  As with any law it can change or be modified and research should be done before you rely on any information provided on the internet. Although we make all attempts to link relevant laws these laws can often be gray and corrupted to fit a narrative. Anyone charged with any alleged crime should consult an attorney for specific legal guidance. Articles may be 3rd party or contain opinions and information that do not reflect the current stance of Komorn Law.

Michigan Laws

People who are going to need a Lawyer – November 12, 2024

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Police say they can tell if you are too high to drive. Critics call it ‘utter nonsense’Haley Butler-Moore sped up to pass a semi on the highway when she suddenly saw the police lights. She’d left Albuquerque hours earlier, heading to a Halloween party in Denver. Tired...

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Governor Whitmer Signs Historic Election Bills Package to Ensure Every Vote Can be Cast and CountedIn Case You Missed It November 30, 2023 “Today, we are expanding voting rights and strengthening our democracy,” said Governor Whitmer. “Michiganders spoke clearly last...

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Nuclear waste headed to southeast Michigan landfill

Nuclear waste headed to southeast Michigan landfill

What happened to the nuclear waste from the Manhattan Project? It’s coming to Michigan so New York can be a cleaner place.

August 2024, the U.S. Army Corps of Engineers is transporting nuclear waste from the Manhattan Project (Read it) to the Wayne Disposal facility in Belleville, Michigan near the PFAs river and the Van Buren Twp Park.

The waste consists of soil, concrete, and groundwater that are contaminated with low levels of radiation originating from the Niagara Falls Storage Site in Lewiston, New York, a location significant for its role in the development of the atomic bomb during World War II.

The waste is being relocated as part of a comprehensive remediation effort aimed at addressing decades of contamination that began in 1949 when the Army Corps discovered radioactive materials infiltrating the soil and groundwater.

Don’t worry that won’t happen here in Michigan.

Republic Services, a private waste management company owns the facility.

The transportation of waste will occur via 25 trucks weekly along public roads and highways beginning in August 2024 and will extend through January 2025.

The Wayne Disposal facility is the only landfill in Michigan licensed to accept hazardous and low-level radioactive waste. As usual we are told the waste complies with all local, state, and federal regulations and does not pose a significant risk to the public or the environment.

Also… The waste is exempt from federal radioactive material disposal requirements and contains concentrations that are lower than those permitted by its license. 

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

Some residents and officials in Michigan have expressed opposition to the transport and disposal of the waste in their communities. Wayne County Executive Warren C. Evans says that Environmental Injustice in the area has led to higher rates of asthma, lung cancer, heart attacks, strokes, and other health issues, and that residents deserve better. Others, like LaSpada, say that

The Army Corps doesn’t notify communities along the route.

Wonder what MiChap thinks about it

Meanwhile Elsewhere in Michigan

Legal Counsel and Your Rights

When facing legal challenges, particularly in criminal cases, it is advisable to seek legal counsel immediately.

An experienced attorney can provide guidance on how to navigate interactions with law enforcement while safeguarding your constitutional rights.

Since 1993 our expert legal defense in navigating criminal law matters and protecting your constitutional rights are what we eat for breakfast everyday.

Contact Komorn Law PLLC if you’re ready to fight and win.

Research us and then call us.

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Gun buyback program – Michigan

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Michigan Appeals Court Decision on Cannabis Use and Probation

Michigan Appeals Court Decision on Cannabis Use and Probation

At Komorn Law, we are dedicated to protecting the rights of our clients and staying at the forefront of legal developments.

Our firm’s success in the landmark case of People v. Thue set a significant precedent for medical marijuana patients on probation. Recently, another pivotal case, People v. Lopez-Hernandez, was decided by the Michigan Court of Appeals, which further clarifies the boundaries of marijuana use under probation conditions. 

Case Summary: People v. Lopez-Hernandez

In People v Lopez-Hernandez, the defendant, Marco A. Lopez-Hernandez, appealed his probation violation based on the argument that his use of recreational marijuana, compliant with the Michigan Regulation and Taxation of Marihuana Act (MRTMA), should not be penalized.

Lopez-Hernandez had been placed on probation after pleading guilty to operating a vehicle while visibly impaired by marijuana. As a condition of his probation, he was prohibited from using marijuana. When he tested positive for marijuana use, he was found in violation of his probation.

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

Court’s Decision

The Michigan Court of Appeals affirmed the lower court’s decision to uphold the probation violation. The court distinguished this case from the Thue decision by noting the context of Lopez-Hernandez’s initial offense, which involved operating a vehicle under the influence of marijuana—a direct violation of both state law and the terms of his probation.

The court emphasized that while the MRTMA decriminalizes the use of marijuana by adults, it does not protect individuals who violate other laws, such as operating a vehicle while impaired.

Therefore, the condition of probation prohibiting marijuana use was deemed lawful and rationally related to the defendant’s rehabilitation.

Implications for Marijuana Users on Probation

This ruling underscores the critical distinction between medical and recreational marijuana use under Michigan law, particularly in the context of probation conditions.

Probation Conditions and Marijuana Use:

Under the MRTMA, adults over 21 years old are allowed to use marijuana recreationally. However, this does not extend to situations where the use of marijuana violates other laws or probation conditions.

Conditions prohibiting marijuana use can still be imposed on probationers if they are rationally related to the offense and the individual’s rehabilitation.

Impact of Prior Offenses:
Individuals convicted of marijuana-related offenses, especially those involving impaired driving, can expect stricter probation conditions related to marijuana use.

This decision clarifies that using marijuana recreationally in violation of the law (e.g., driving under the influence) will not be protected under the MRTMA.

Distinction from Thue Case:
The Thue case protected medical marijuana patients from probation conditions that prohibited compliant use of medical marijuana.

The Lopez-Hernandez decision makes it clear that similar protections do not necessarily apply to recreational use, especially when the underlying offense involves marijuana-related impairment.

The People v. Lopez-Hernandez decision highlights the ongoing evolution of marijuana law in Michigan and the importance of understanding how it intersects with probation conditions.

Legal Counsel and Your Rights

When facing legal challenges, particularly in criminal cases, it is advisable to seek legal counsel immediately.

An experienced attorney can provide guidance on how to navigate interactions with law enforcement while safeguarding your constitutional rights.

Since 1993 our expert legal defense in navigating criminal law matters and protecting your constitutional rights are what we eat for breakfast everyday.

Contact Komorn Law PLLC if you’re ready to fight and win.

Research us and then call us.

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Facial Recognition and Wrongful Arrests

Facial Recognition and Wrongful Arrests

Facial Recognition

How Technology Can Lead to Mistaken-Identity Arrests

Facial recognition technology has become increasingly prevalent in law enforcement, but its use raises critical questions about civil liberties and accuracy. One landmark case sheds light on the potential pitfalls of this technology and its impact on individuals’ rights.

The Robert Williams Case in Detroit

In 2020, Robert Williams, a Detroit resident, experienced firsthand the flaws of facial recognition technology. Falsely identified as a theft suspect, Williams was wrongfully arrested by the Detroit Police Department. His case marked the first publicized instance in the United States where facial recognition led to an erroneous arrest

The city of Detroit has agreed to compensate him $300,000 for being falsely accused of shoplifting and has committed to revising the use of facial recognition technology by the police to enhance crime-solving efforts.

As per a lawsuit settlement with Robert Williams, his driver’s license photo was mistakenly identified as a potential match to an individual captured on security footage at a Shinola watch store in 2018.

The agreement mandates that Detroit police will evaluate cases involving facial recognition technology from 2017 to 2023. Authorities will promptly notify a prosecutor if an arrest occurs without verifiable evidence.

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

Policy Changes and Safeguards

The fallout from Williams’s arrest prompted significant policy changes within the Detroit Police Department:

No Arrests Based Solely on Facial Recognition: Detroit police can no longer make arrests or conduct photo lineups based solely on facial recognition results. Instead, they must combine facial recognition leads with traditional investigative methods to verify suspects’ involvement in a crime.

Enhanced Training: Officers now undergo additional facial recognition training to improve accuracy and responsible use of the technology.

Transparency: The department must disclose when facial recognition technology was used to make an arrest. Additionally, they must acknowledge the technology’s limitations and potential for misidentification.

Civil Liberties: These changes aim to prevent future misidentifications and protect civil liberties. Deputy Chief Franklin Hayes emphasized that facial recognition remains a valuable tool for both solving cases and exonerating innocent individual.

A Concerning Trend

Since then, several other cases of wrongful arrests stemming from facial recognition technology have been uncovered, shedding light on a concerning trend.

Some cities have banned the technology altogether, while others lack comprehensive policies. 

In the ever-changing landscape of technological advancements, finding the delicate balance between public safety and individual rights is paramount. The recent Robert Williams case serves as a poignant reminder that safeguarding civil liberties should always be the top priority in the realm of law enforcement technology.

And now for something completely different….

Michigan Law: False Report of Crime

According to MCL Section 750.411a, intentionally making a false report of a crime to law enforcement or emergency services is a crime. Depending on the severity, it can range from a misdemeanor to a felony.

For instance:
False report of a misdemeanor: Up to 93 days in jail or a $500 fine.
False report of a felony: Up to 4 years in prison or a $2,000 fine.
If the false report results in injury or death, the penalties escalate

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