Komorn Law in conjunction with Rudoi Law and the Michigan Association of OWI Attorneys filed an amicus brief in support of the Defendant-Appellant, who was being prosecuted in the lower court for ”operating while intoxicated by marijuana.”
With the filing of the amicus brief in this appeal, the expert testimony of a DRE – in driving while intoxicated or impaired cases – can no longer be used in court.
In this case the prosecutor and lower court relied on the testimony of an expert DRE (drug recognition evaluator) to prosecute this case.
Appeals Court Agreed with the Defendant
The Michigan Court of Appeals ruled on this case agreed with the defendant and the amicus filing by Komorn Law and Rudoi Law that the DRE protocol for determining a subject’s level of impairment ‘has not been validated’.
The Court Further Stated That
“There simply is no evidence in this record to support that the DRE protocol can reliably be used to detect the degree or level of intoxication caused by marijuana and determine whether that level of intoxication has made the person unable to safely drive a motor vehicle”.
Expert DRE testimony was inadmissible under MRE 702
The court ruled that the proposed expert DRE testimony was inadmissible under MRE 702 and reversed and remanded the case for further proceedings consistent with their opinion.
With the filing of the amicus brief in this appeal, the testimony of a DRE as an expert in driving while intoxicated or impaired cases can no longer be used in court.
DISCLAIMER This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything – do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain.
Award winning Attorney Michael Komorn owner and Trial Attorney for his firm Komorn Law PLLC is based out of Farmington Hills, Michigan. Know for his tenacity in the courtroom and endless energy to fight, Michael travels throughout the state defending clients in all types of criminal cases, DUI and drug casework.
Michael has deep activist and advocacy roots in the cannabis community fighting for the rights of medical marijuana patients, caregivers and corporations.
If you are looking for a defense lawyer to go on the offense – then you want to hire this attorney. Learn More
A major national banking association, along with 44 state partners, is asking Senate leadership to bring a House-passed marijuana banking reform bill to a vote on the floor “without further delay.”
In a letter sent to Senate Majority Leader Chuck Schumer (D-NY) and Minority Leader Mitch McConnell (R-KY) on Monday, the Independent Community Bankers of America (ICBA) asked for urgent consideration of the Secure and Fair Enforcement (SAFE) Banking Act, before the end of the year.
“The SAFE Banking Act is essential for the ongoing ability of community banks to effectively serve their communities,” the letter says. “The Act would also alleviate the significant threat to public safety posed by cash intensive CRBs effectively being shut out of the banking industry.”
ICBA said that the legislation should be advanced during the lame duck session either as a standalone bill or as an amendment to another proposal. Schumer has been working to finalize a package of marijuana reform legislation that’s expected to contain the language of the SAFE Banking Act, as well as a separate bipartisan proposal on expunging prior cannabis convictions.
If you or someone you know has been accused of a crime, DUI or Drugged Driving. Call Komorn Law and turn your defense into an offense. Call Now 248-357-2550
DISCLAIMER This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything – do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain.
Michael Komorn was featured as one of the Top 10 Criminal Defense Attorneys in Michigan. The award-winning Attorney has clients throughout the state.
MICHIGAN, USA, November 21, 2022 /EINPresswire.com/ — Award winning Attorney Michael Komorn of Komorn Law was featured as one of the top criminal defense attorneys in Michigan. Being known as one of the most tenacious and persistent opponents when it comes to the defense of his clients in the court room doesn’t come without hard work and experience.
Komorn has uncovered and exposed several alleged misrepresentations in lab procedures and results that have exonerated his clients or changed the practice in which lab work is done.
This was uncovered with the help of Komorn’s tenacity and determination along with the assistance of several other sources. Through the MSP Crime Lab’s own admission, their faulty testing methods have been used for the past twenty years, possibly effecting thousands of people arrested for operating a motor vehicle while under the influence of marijuana in a negative manner. So, if you were consuming CBD products it could show up as THC in a blood sample taken if you were accused of a DUI.
Michael Komorn is no stranger to controversy concerning the MSP Crime Lab in that he discovered that the crime lab was adversely reporting cannabis oil as ‘synthetic THC’ at the urging of Prosecutors so they could charge a person with a felony. Komorn received the ‘Right to Counsel Award’ from the Criminal Defense Attorneys of Michigan for pursuing the evidence that brought this information into the light.
Others include the determination of synthetic marijuana, whether the evidence seized is hemp or cannabis and use of medical marijuana while on probation.
He has also done extensive work on forfeiture cases, getting thousands of dollars in property and money returned to his clients. Even monetary recovery for destroyed marijuana plants.
Michael is a seasoned trial attorney in both state and federal casework. He has won and obtained favorable results for numerous clients in state cases and also at the federal level for federal marijuana possession charges.
Komorn has been featured in the media on many occasions and is one of the go to sources for news interviews for DUI and Cannabis Law. He also has been hosting a podcast called Planet Green Trees TV since 2008 discussing the laws and future of the cannabis industry. Komorn was also featured on an episode of Vice – Weediquette regarding Michigan’s abusive search and seizure activities.
You can read more about awards, cases and the work Michael and his firm have done on KomornLaw.com
If you or someone you know has been accused of a crime, DUI or Drugged Driving. Call Komorn Law and turn your defense into an offense. Call Now 248-357-2550
DISCLAIMER This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything – do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain.
If you feel like your case has been or could be affected by the inaccuracy of the MSP’s marijuana testing results contact our office immediately! Call 800-656-3557
Michigan State Police locked up more than 3,000 people because of faulty marijuana tests, according to internal memo The drug tests failed to distinguish between THC and CBD
Michigan State Police relied on faulty testing to produce criminal charges in about 3,250 cases since March 2019 in which a driver was allegedly under the influence of marijuana and no other drugs or alcohol.
In a letter to prosecutors sent on Wednesday, Jeffrey Nye, director of MSP’s Forensic Science Division, acknowledged that the tests could not have conclusively proven the driver was intoxicated by cannabis.
The significance of this discovery cannot be overstated. As many as 3,250 people may have been wrongfully arrested and convicted based on faulty testing.
Komorn Law has been the leading law firm bringing awareness to the public about alleged lab scandals they come across or uncover through client representation. If you need your case reviewed or you have a current charge regarding anything to do with marijuana there is no better versed or more knowledgeable than Attorney Michael Komorn.
WXYZ ABC Report 8/31/22
(WXYZ) — The Michigan State Police say more than three thousand cases involving alleged marijuana impairment could have been false positives. Last week, the MSP Forensic Science Division announced they were halting all testing of marijuana drug samples due to the possibility that the tests were positive for CBD, rather than just THC. The state police warned prosecutors not to rely on the THC toxicology results until they could learn more about the alleged problems in the testing.
THC is the psychoactive compound in marijuana. CBD is a chemical found in marijuana that does not produce a high, and CBD has not been considered a controlled substance in Michigan since March 28, 2019.
In a letter sent to prosecutors across the state today, MSP Forensic Science Division Director Jeffrey Nye said approximately 3,250 THC cases since March 28, 2019 could be impacted. The cases identified have an “alleged violation [that] is based on the finding of THC alone and there is insufficient evidence of impairment, intoxication or recent use of marihuana to otherwise support the charged offense.”
According to Nye’s letter, the identified 3,250 cases “did not have other drugs within the scope of analysis and/or alcohol detected above the 0.08% legal threshold.
Official Statement: State Police Halts THC Toxicology Testing and Takes Steps to Ensure Transparency, Accuracy After Technical Issue with CBD
August 31, 2022
Statement by Col. Joe Gasper, Director
The Michigan State Police Forensic Science Division (MSP/FSD) is committed to providing the highest standard of forensic services to the criminal justice community. The MSP/FSD is accredited in toxicology and analyzes approximately 20,000 samples annually for the presence of alcohol and/or drugs pursuant to a forensic examination request. The men and women who work in the MSP/FSD strive to provide laboratory testing services that are timely, transparent, and scientifically accurate.
The MSP/FSD has halted all THC toxicology testing due to a technical issue in which samples containing Cannabidiol, commonly known as CBD, may be converted to Tetrahydrocannabinol, commonly known as THC, during the testing process, leading to potentially inaccurate test results.
CBD, which is structurally similar to THC, was illegal in Michigan until March 28, 2019. Since that date, however, CBD, which is reported to have no psychoactive properties, has been legal under Michigan law.
When the issue first came to our attention on August 19, 2022, the MSP/FSD immediately launched a significant evaluation of our testing process. The evaluation found the laboratory confirmatory method in use may cause 1) THC to be identified when the sample contains THC, 2) THC to be identified when the sample contains a combination of THC and CBD, or 3) THC to be identified when the sample contains CBD alone.
Upon this discovery, the MSP/FSD immediately halted the processing of samples using the current THC confirmation test. Notification was also made to the Prosecuting Attorneys Association of Michigan on August 25, 2022, for dissemination to prosecutors statewide to prevent these reports from being used in any current or pending court cases.
After further review, we now believe this discrepancy may impact cases that occurred on or after March 28, 2019, where the alleged violation is based on the finding of THC alone and there is insufficient evidence of impairment, intoxication, or recent use of marijuana to otherwise support the charged offense.
Laboratory data indicates there are approximately 3,250 laboratory reports that may be impacted. These are reports in which there was a THC-confirmed result without other drugs present or alcohol detected above the 0.08% blood alcohol content legal threshold. These individual cases are being identified and will be shared with the prosecuting attorney of record for further investigation as to any potential impact to the individual involved.
In addition to temporarily halting testing of THC samples and disclosing the issue to prosecutors, the MSP/FSD has taken the following action steps:
Reported the issue to our accrediting body, ANSI National Accreditation Board (ANAB), and requested they conduct an independent review.
Temporarily halted the disposal of blood samples to preserve this evidence should re-analysis be required.
Started validating a new cannabinoid confirmatory method that will be able to distinguish CBD from THC. This method will be validated before being put into use to ensure similar issues with drug interference will not happen in the future.
Started the process to establish a contract with a private, accredited laboratory for processing THC samples in the interim before the new method is validated.
The MSP/FSD remains committed to providing the highest standard of forensic services to the criminal justice community. We have demonstrated this commitment through accreditation to ISO/IEC 17025 International Standards and voluntarily incorporating forensic standards from the National Institute of Standards and Technology (NIST) Organization of Scientific Area Committees (OSAC) into our laboratory management system, among other efforts. The MSP/FSD continues to strive to be timely, transparent and ethical in our response to this emerging technical issue.
Letter To “Criminal Justice” Partners
Michigan-State-Police-Letter Release – Page 2
If you or someone you know has been accused of a crime, DUI or Drugged Driving. Call Komorn Law PLLC and turn your defense into an offense. Call Now 248-357-2550
DISCLAIMER This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything – do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain.
