The 2007 Drunk Driving Audit, which is an annual report compiled by the Michigan State Police in concert with Michigan Department of State and Michigan Department of Transportation documenting arrest, accident, injury, and fatality information from all Michigan counties, indicates there was a 13% drop in alcohol/drug related fatalities from 2006 to 2007 (440 to 382), which is a 10 year low.  There were 49,867 alcohol/drug related driving arrests in 2007 which is 3,500 less than 2006.

Further, 47,267 of the 2007 arrests resulted in convictions of operating while intoxicated (OWI) or impaired driving, which is almost 95%. (see http://www.michigan.gov/msp/0,1607,7-123-1586_1710-195921–,00.html ). Only, 776 convictions, less than 2%, were reduced to non-alcohol related offenses, such as Reckless Driving or Disorderly Person. (see page 485 of Audit).  The remainder were dismissed or resulted in acquittals.

However, what the Audit fails to indicate clearly is the number of repeat offenders contained within this data.  Therefore, despite reduction in arrests, the question arises whether the appropriate sentence has been ordered to help curb these numbers, or even whether there were intervening factors such as less police presence because of cut-backs.  As to sentencing, there is a mixed ideology on this very sensitive issue.  Is Jail appropriate? Is rehabilitation appropriate?  Is a vehicle interlock (breathalyzer) appropriate?  [read more...]

This entry was posted on Tuesday, February 10th, 2009 at 8:47 am and is filed under OWI. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

Is a Picture Worth a Thousand Words? Or Just ONE….Guilty.

Recently, a British Newspaper published pictures of Olympic Gold Medalist Michael Phelps smoking a marijuana bong.  The Olympian has since apologized and called his behavior “inappropriate.”  The majority of Americans have accepted his apology, and chalked it up as a non-issue.  However, Richmond County (South Carolina) Sheriff Leon Lott is not as understanding.  Lott has indicated that he will charge the Olympian if he determines Phelps smoked marijuana in Richmond County.

“This case is no different than any other case,” Lott said Monday. “This one might be a lot easier since we have photographs of someone using drugs and a partial confession. It’s a relatively easy case once we can determine where the crime occurred.” [read more...]

This entry was posted on Monday, February 9th, 2009 at 10:22 am and is filed under drug laws. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

Beginning in July, every person convicted of a serious or violent crime in the state of Michigan will be required to submit to DNA testing. The hope is that a comprehensive database of violent offenders will perhaps clear up some cold cases and also help police solve crimes down the road.

However, your pocketbook isn’t the only thing feeling the pinch; the state and county budgets are as well. With the number of violent and serious convictions that happen in Michigan, the DNA crime labs have their work cut out for them. State Police labs took over Detroit’s DNA testing last year due to some problems with misidentification occurring in the Detroit labs, further increasing the burden on them. [read more...]

This entry was posted on Thursday, February 5th, 2009 at 6:29 pm and is filed under criminal law. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.