In December lawmakers agreed to fund an expansion of the program based on its success.
A fatal crash in the Upper Peninsula city of Gladstone in 2013 was the catalyst behind the drug testing pilot. A semi-truck driver was convicted on six-felony charges in connection with the crash, including two counts of operating a motor vehicle with the presence of a controlled substance causing death.
According to MSP the number of drug-impaired fatal crashes has increased over the ten year period between 2007 and 2017 by 151%, up from 98 to 246.
When his parents were killed in 2016, the couple’s son contacted his legislator who got the ball rolling on legislation to curb drugged driving.
Senator Thomas Casperson introduced a pair of bills to combat the problem and come up with a solution to roadside testing. Public Act 242 and 243 of 2016 became known as the Barbara J. and Thomas J. Swift Law, and police started looking at test instruments.
Members of MSP, prosecuting attorneys, toxicologists and forensic experts got together, forming the Oral Fluid Roadside Analysis Pilot Program Committee.
Their report was recently released along with the recommendation to expand the pilot state-wide for at least a year.
The oral fluid roadside test is the Alere DDS2, which detects six different drugs, including a component of cannabis known as Delta 9 THC. It also tests for the presence of amphetamine, cocaine, methamphetamine, opiates and benzodiazepines.
Program director, F/Lt. Jim Flegel said an independent laboratory as well as the MSP Forensic Lab tested the results, and across the board they proved accurate.
In all 92 people were tested and 89 were arrested. According to the report 83 people tested positive for substances; and over 80% of those who tested positive for cannabis.
As a result of the five-county pilot, MSP plans to continue working on the accuracy of the equipment, which it hopes will support permanent changes to the Motor Vehicle Code.
MSP is also training more officers across the state as Drug Recognition Experts (DRE) who can spot impaired drivers and test them at the roadside.
A date to start the yearlong pilot program has not been set, but is expected to be sometime within 2019.
Media + Blog
Planet Green Trees Podcast
Komorn Law In The News
Media
Bloomfield Hills Doctor Convicted of $6M Medicare Fraud Scheme
JUSTICE.GOVFor Immediate Release Office of Public AffairsA federal jury convicted a Michigan doctor today for causing the submission of over $6.3 million in fraudulent claims to Medicare for medically unnecessary orthotic braces ordered through a telemarketing...
Berkley state representative introduces bill to police noise from cars
A Michigan bill aims to crack down on excessive noise from vehicles with intentional modifications. The Problem: Loud vehicles are a nuisance for residents, especially along Woodward Avenue, a popular cruising destination. The current law is unclear and difficult to...
SCOTUS: No separate hearing required when police seize cars loaned to drivers accused of drug crimes
SCOTUS: When police seize cars loaned to drivers accused of drug crimes it does not necessitate a separate preliminary hearing.The U.S. Supreme Court has ruled against two women who loaned their cars to others arrested for drug crimes while using the vehicles, leading...
Traffic FAQs-Golf Carts-Mini Motorcycles-ATVs-Electric Scooters
Traffic FAQs - Golf Carts - Mini Motorcycles - ATVs - Electric Scooters Know the laws if you get pulled over. Know who to call if you need legal defense if a violation turns into a DUI or worse. That would be us. Question: We recently got “Bird” scooters (electric...
School district says marijuana-related incidents on the rise
School district reports an increase in marijuana-related incidents at schools and calls on leaders to take action.The Detroit Public Schools Community District has observed a substantial rise in the use of marijuana edibles and vape pens within schools. In light of...
Criminal Sexual Conduct (CSC) in Michigan
Criminal Sexual Conduct (CSC)Criminal sexual conduct (CSC) in Michigan refers to a range of sexual offenses that vary in severity based on factors like the nature of the act, the age of the victim, and whether force or coercion was involved.Michigan law categorizes...
A Victory for Cannabis Farming as Agriculture in Michigan
A Victory for Cannabis Farming as Agriculture in MichiganIn a landmark case that underscores the evolving landscape of cannabis regulation and taxation in agricultural contexts, HRP Cassopolis, LLC v LaGrange Township Assessor in Cass County, Michigan, has set a...
The Legal Significance of Marijuana Reclassification
The Impact of Marijuana Reclassification on Legal LandscapeOn May 6, 2024, the DEA made a groundbreaking decision, accepting the US Department of Health and Human Services' recommendation to reclassify marijuana from Schedule I to Schedule III controlled substance....
Traffic Laws FAQs – Speed and Speed Limits
Michigan Traffic FAQs - Speed/Speed Limits Know the laws before you make the call. Know the laws if you get pulled over. Know who to call if you need legal defense if a violation turns into a DUI or worse. Question: My Uncle has a country place that no one knows...