Defense attorneys say drivers should refuse Michigan’s new roadside drug tests.
Multiple defense attorneys say they would advise that their clients refuse Michigan’s new statewide roadside drug tests.
They’re too untrustworthy, they said.
The penalty for refusing the test is a civil infraction, the fine for which varies by community, but it’s a better option than having unreliable results used to prosecute you in court, said Michael Komorn, a highly experienced drugged- and drunk-driving attorney, who also specializes in marijuana law.
With legalization of recreational marijuana in November 2018 and the opening of retail marijuana shops across the state. The impact of marijuana impaired driving and public safety has heightened.
The usefulness of the saliva swab tests in identification of drug-impaired driving is exactly what state police hope to determine with a second-year long pilot program that kicked off in October 2019.
So you can have your future, family, finances destroyed, be publicly humiliated, lose your job, your future over a pilot program and testing of equipment to fund the court system. Call Komorn Law and fight that BS 248-357-2550
The first year of the pilot program lasted from November 2017 to November 2018 and included 12 police agencies or state police posts in five counties. The second yearlong pilot includes 125 officers, dubbed “drug recognition experts” who are trained to detect drug impairment and administer saliva tests.
To become a drug recognition expert, participating law enforcement must complete 72 hours of classroom study and 40 hours of field training.
In 2018, Michigan State Police data shows 247 drug-involved traffic fatalities, representing about one-quarter of the 974 traffic fatalities that year. In 2010, state police reported 153 drug-involved traffic fatalities, representing about 16% of total traffic deaths. While the drug blamed in those cases wasn’t identified 95 percent of the time, in cases where the drug was included, 70 percent involved marijuana, according to state police.
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