Recent Blog Posts

It is now illegal to be a Medical Marijuana User and Drive a Vehicle in Michigan

Matthew R. Clark — Thu, 19 Apr 2012 05:36:00 GMT

After today, it is now illegal for medical marijuana card holders to drive a vehicle if they have any amount of marijuana in their blood while driving.

On April 17, 2012, the Michigan Court of Appeals ruled in an important and controversial case concerning the rights of medical marijuana cardholders. People v. Koon, decided by the Michigan Court of Appeals with the honorable David H. Sawyer writing the opinion, held that legal medical marijuana card holders and users can be prosecuted under the state's zero tolerance law that makes a person guilty for driving with any amount of a controlled substance in their body.

The Court of appeals decision essentially rests on a very loose and spotty interpretation of the Michigan Medical Marijuana Act and Michigan's zero tolerance law, MCL 257.625(8), and fails to take into consideration all the relevant provisions of the law, the ramifications of the decision to the MMMA and patients, while also completely ignoring the common sense of THC levels in blood and what it means to be "under the influence."

The court first states that the MMMA only gives people protection from prosecution for their medical use of marijuana, or as the Court put it, protection for their "law breaking", and thus there are no rights for users, only protection from prosecution. Secondly, the court states that the MMMA does not conflict with MCL 257.625(8), the zero tolerance law, because the MMMA states that users can't drive under the influence of marijuana and because the zero tolerance law essentially states that under the influence means any amount of marijuana; there is no conflict and the zero tolerance law still applies.

The only problem with this is that it is completely wrong. The zero tolerance law for driving with controlled substances in your blood does not state that any amount of a controlled substance in your blood equates with a person being under the influence. In fact the opposite is true. There is already a law that states being under the influence of a controlled substance while driving is illegal. The zero tolerance law makes it illegal to have any amount of a controlled substance in your blood while driving, regardless of whether you are "under the influence" or not. "Under the influence" has a completely different definition that means a person's ability to drive was substantially affected by the ingesting the controlled substance. This definition does not equate with the any amount standard.

So the Court of appeals simply pulled this definition of "under the influence" to mean any amount of a controlled substance seemingly out of thin air. The court also failed to elaborate on the MMMA's section that states that any law that is inconsistent with the MMMA will not apply to the medical use of marijuana. This would mean that zero tolerance would not apply to the medical use of marijuana because the MMMA states that you must be under the influence to be in violation of the act. The Court additionally does not describe or seemingly take into consideration that trace amounts of THC, whether active or not can be a patient's blood even if they are not feeling the effects and are not influenced at all by the THC and haven't smoked for hours or even days.

However, as it stands currently, this ruling will be controlling law in Michigan until this case is appealed to the Supreme Court of Michigan. This means that patients that have any amount of THC in their blood while driving are potentially committing a crime and could be pulled over and arrested for driving with the presence of a controlled substance in their blood. This is certainly a large step backwards for the rights of patients and we are hoping that if the case is appealed, that Michigan's Supreme Court will make the right decision and use the correct reasoning and law to overturn this decision.

Matthew R. Clark and The Clark Law Office handle all types of marijuana and other drug charges in the state of Michigan. Call us today for a free consultation about your legal issue at (517) 347-6900!

Waitress Calls Police Ater Large Tip and Now Suing The Police

Paul — Thu, 05 Apr 2012 15:52:00 GMT

Would You Call The Police If You Felt The Tip Was Rightfully Yours?

A waitress in Moorhead, Minnesota received an extraordinarily large tip while working her shift at a local restaurant. The person responsible for the tip left it in a to-go box at her table. The waitress noticed he left the box at the table and rushed outside to deliver back to the customer. The customer said to her that she should keep it, he/she didn't want the box. She thought it was strange and low and behold there was $12,000 cash inside the to-go box.

Instead of just pocketing the money like most people would have done, she immediately called the police for no apparent reason. The police showed up and seized the money. They also claimed that if after 90 days had passed with nobody claiming the cash, she would be given the tip back. She waited for 90 days and when she attempted to recollect the money the police told her that the money was part of a drug investigation. The police department is arguing that the cash had a smell of marijuana and are allowed to seize the cash because a state law states that they can seize the money if it was found in close proximity to a controlled substance. The waitress and the other staff at the restaurant claim that they did not smell the odor and there was no evidence of a drug deal. She was given $1000 as a reward.

Now she is suing in Clay County District Court fighting that the police unrightfully seized the money and she should receive the cash. I find this story to be quite funny and overall ridiculous. There must have been a reason she called the cops about this tip and what did she expect to happen? I guess I understand both points of view but why call the police in the first place if you think that it is rightfully yours? She still received $1,000 and I think that's a lot given her poor decision to call the authorities.

The Michigan drug attorneys at Clark Law Office practice all areas of criminal law in the state of Michigan. We provide free consultations to all of our clients. Call us at (517) 347-6900 to confidentially discuss your case or concerns!

Accident Reconstruction and Expert Witnessess Following Your Auto Accident in Michigan

Paul — Wed, 04 Apr 2012 13:57:00 GMT

Car Accident Reconstruction Following Your Lansing Auto Accident

Accident analysis and reconstruction usually involves physics and biomechanics in order to give the jury a better picture of what actually happened in the accident. A Lansing personal injury attorney will typically hire the services of an expert reconstruction engineer. So how does a reconstruction expert know the details of a car accident without being present? A qualified expert will use different physics fundamentals to determine the events leading up to the actual crash. Both velocity and acceleration are crucial when determining the environment surrounding a car accident. Some of the other factors that an expert will use include the torque of the cars, the rolling friction, the momentum of both vehicles, and the power of the vehicles involved. As you can see, these concepts are very difficult to implement and an expert in the field is required. Without the use of a car accident expert, it would be hard to determine what exactly happened. These experts are usually paid a substantial amount of money for their efforts and deservedly so. If you have been involved in a serious car accident, you should make sure that your attorney is utilizing the expertise of a qualified reconstruction expert.

Expert Evidence After a Michigan Auto Accident

In many trials, a Michigan car accident attorney will hire the services of an expert witness. An expert in vehicle crashes can help determine who was at fault and how the accident occurred in the first place. Accident reconstruction engineers are much better at determining the causation of the accident than the doctors that are serving the injured victims. In order to prove that the auto accident was not their clients fault, the expert can provide specific details explaining why the other driver was at fault. Experts usually have extensive education and training which allows them to reconstruct the accident which determines who was at fault. The experts look at all different aspects of the accident including how fast the vehicles were going, the angle of impact, how long it took stop, and many other factors. A good expert can even give determining information depending on the vehicle type, the vehicle size, the particular type of engine in the vehicle, and if the individuals were wearing seatbelts. Most times both attorneys will hire a reconstruction expert for their client.

The Clark Law Office is law firm located in Okemos, Michigan and handles all types of cases in Michigan. Contact a Michigan personal injury lawyer from our firm for a free consultation. There is no fee unless you win your case in all personal injury cases!

New Michigan Parking Ticket Law Targets Unpaid Parking Tickets

Paul — Tue, 03 Apr 2012 14:29:00 GMT

New Parking Ticket Law Goes Into Effect May 16th

If you have a total of 3 or more unpaid parking tickets, I suggest you pay them off quickly! Rick Snyder just signed a bill that takes effect a few weeks from now that will block more Michigan drivers from renewing their driver's license. You may not have to renew your license this year, but this new law isn't going away anytime soon so get ready to pay off those tickets as well as additional fees. As a former MSU student, I know how easy it is to get a parking ticket and I'm sure I'm not alone. The notices have started to be sent out and you may just receive a threatening final notice letter.

As of now, you must have 6 or more unpaid parking tickets in order for the state of Michigan to deny your driver's license renewal. The purpose of the new law is to increase revenue by collecting on unpaid parking ticket's. Snyder believes this extra crack-down will force more residents to pay their tickets. If you find yourself unable to pay your parking tickets due to this new law you will be required to pay off your tickets so you have less than 3 outstanding. You will also be required to pay a newly created $45 driver license clearance fee in addition to appearing in District Court. Michigan is also trying to capitalize on out of state drivers who have collected multiple unpaid parking tickets, but didn't explain how they intend to do this.

David M. Clark and the Lansing criminal attorneys at The Clark Law Office handle all types of criminal cases including drug possession, driving under the influence, and traffic violations. If you need legal help, give us a call for a free consultation to discuss your situation at 517-347-6900!

Michigan Catastrophic Claims Association Raises Annual Cost

Paul — Wed, 21 Mar 2012 15:49:00 GMT

Last week the Michigan Catastrophic Claims Association(MCAA) increased the rate to cover no-fault benefits from $145 to $175, a $30 increase for all drivers in Michigan. Most drivers will see this as a great reason why no-fault shouldn't last in Michigan. Don't let this increase fool you, it is simply a political ploy to help pass legislation banishing Michigan no-fault law. You must understand that the MCAA is expempt from having to release financial information or reasoning behind rate increases, so Michigan residents don't have the truth to base their decisions on, they have to take the word of the insurance industry; for obvious reasons they want to get rid of no-fault law completely. You must be naive to trust the word of an industry trying to make more money; they don't have your interests at heart, they want to pad their wallet instead.

I made a detailed blog post just a few weeks ago outlining the financials of the most used auto insurers in the state of Michigan. Needless to say, they are not struggling. They have enough extra money to completely plaster the ads during March Madness, not exactly a ploy by a company struggling financially. The Coalition Protecting Auto No-Fault (CPAN) stated that this recent price hike is an "overtly political rate increase." They are simply raising the price unjustifiably to make it appear no-fault is hurting them financially. They might not be making as much in Michigan as other states, but they are still very very profitable. CPAN attempted to make the MCCA publish the reasoning and financial information, but the MCCA hid behind the Freedom of Information Act which they are exempt from.

The Clark Law Office handles all types of personal injury cases including car accidents, truck accidents, and motorcyle accidents. Don't let the insurance industry fool you with false claims, do your own research to find the truth!

Pit Bull Incident Raises More Questions About The Breed in Michigan

Michigan Dog Bite Attorneys — Mon, 12 Mar 2012 23:43:00 GMT

Ed Toddish, a cattle farmer in Saginaw County lost two of his cows and others were severely injured as a result of a vicious pit bull attack. Two stray pitbulls found they're way onto the farm and wreaked some major havoc. It turns out that since 2 of his cows were killed, he will recieve $1,150 as a form of compensation for his loss. The law dates all the way back to 1919 and was put in place to help farmers who lose cattle due to stray dog attacks believe it or not.

There was a large debate last year about the legislation that would progressively outlaw pitbulls in the state of Michigan. The legislation has died, but this incident has brought this debate back into the headlines. Here is some more information about the legislation that stalled.

Proposed Legislation That Would Have Slowly Outlaw Pitbulls

No breeding of American Pit Bull Terriers, Staffordshire Bull Terriers, and American Stafforshire Bull Terriers 1 year after the law is passed.
Illegal to own any of these 3 breeds that aren't sterilized
Illegal to own any of these breeds 10 years after the law is passed

The pitbulls that attacked the cattle were strays and killed two 600+ pound calves and injured 4 others quite seriously. The owner claims the two cattle that were killed were ripped to shreds and the others are missing pieces of their ears among other injuries. The two killed cattle did not die immediately, but only lasted a week before infection took over and caused the death. I personally just can't see a different breed of dog making this vicious attack and having enough power to overtake 2 600+ lb. animals. As I have mentioned, the legislation did not pass most likely due to pit-bull owners who strongly disagreed with the proposed legislation.

These pitbulls were strays, but you can't deny the fact that they are the #1 breed that causes dog bites and fatalities as far as the amount of attacks in US. The statistics don't lie. I do believe that not all pitbulls are dangerous, but the problem is that they seem to be unpredictable. I realize many pet owners love their dogs and most pitbulls will not cause harm in their lifetime if the proper care is provided. Many people will not agree and argue that pitbulls are the only dogs that receive news coverage and the only dogs that create problems are mistreated by their owners. Even though I don't agree, I think that argument does have some merit. What do you think??

The Michigan dog bite lawyers at The Clark Law Office handle all types of dog bites. For help with your case, call us today for a free consultation at (517) 347-6900.

Michigan Medical Marijuana and Driving With The Presence of a Controlled Substance

Matthew R. Clark — Fri, 09 Mar 2012 07:02:00 GMT

You may not have heard, but early last month there was an important argument that went before the Michigan Court of Appeals regarding medical marijuana patients' rights to drive a vehicle. Most people involved in this issue know by now that there is a major controversy over whether a patient that uses medical marijuana can drive a car when there is some amount of marijuana, or active THC in that patients' blood. That amount can be a little as 1 nanogram or a billionth of a gram of THC per Milliliter of blood and still make one guilty of driving with any amount of controlled substance in the blood.

This fight will likely boil down to whether the MMMA trumps the Michigan motor vehicle code or vice versa. Right now there is a law on the books, MCL 257.625(8) that makes it illegal to drive with any amount of controlled substance in your blood. However, the MMMA, only makes it illegal to operate a motor vehicle if someone is operating, navigating, or is in actual physical control of any motor vehicle, aircraft, or motorboat while under the influence of marihuana. As you can see, these two laws seem to be in direct conflict with one another. One requires any amount to be guilty of a driving offense and the other requires that you be under the influence of the THC, meaning your ability to drive was significantly affected.

However, MCL 333.26427(e), states that the MMMA will trump all other inconsistent laws. The actual language reads "All other acts and parts of acts inconsistent with this act do not apply to the medical use of marihuana as provided for by this act." This language clearly states that the MMMA will trump all laws inconsistent with the Michigan Medical Marijuana Act.

The logical conclusion is that the Medical Marijuana Act trumps the motor vehicle code's bar against any amount of controlled substance in a person's blood when that person is a legal medical marijuana patient. Consequently, the prosecution should have to prove that a person was "under the influence of marihuana" not simply that they had some amount their system as most people realize that a person medicating every day will still have residual amounts of marijuana in their blood system even when they are no longer being affected by the marijuana and have not smoked or medicated in quite some time.

In Michigan, "under the influence" means that because of taking the substance, the defendant's ability to operate a motor vehicle in a normal manner was substantially lessened. To be under the influence, a person does not have to be what is called "dead drunk or [high]" that is, falling down or hardly able to stand up. On the other hand, just because a person has taken a substance or smells of the substance does not prove, by itself, that the person is under the influence. The test is whether, because of taking the substance, the defendant's mental or physical condition was significantly affected and the defendant was no longer able to operate vehicle in a normal manner.

So currently the fight is unresolved, but our Court of Appeals took up this issue and heard oral argument and will be making a ruling in the near future. It is likely that whatever decision is reached there will be another appeal to the Michigan Supreme Court regarding this issue. In the meantime, if you're interested and have some extra time on your hands take a look at this video of oral argument and judge the arguments yourself.

Matthew R. Clark and The Clark Law Office handle all types of drug charges and Michigan medical marijuana issues. Call us today for a free consultation regarding your drug charge or for more information.

People v Koon - Appeal re: Medical Marijuana in blood while driving - Feb. 8, 2012 from Eric L. VanDussen on Vimeo.

Stealing Marijuana From The Postal Office? Really?

The Clark Law Office — Tue, 06 Mar 2012 01:02:00 GMT

On Saturday morning, a Michigan man was arrested outside a postal service mail center in Romulus, MI. Apparently, Calvin Wiggins of Michigan attempted and succeeded in walking out of the postal office with dozens of packages containing marijuana. He claimed to be a postal inspector while committing the crime. The postal inspectors noticed many packages that were headed to the Detroit area had gone missing and the packages were similar to the type that people use to make narcotic shipments through the mail. Wiggins is also an investigator and even admitted that he has shipped marijuana through the Express Mail service and was tired of having his shipments interrupted and seized.

The authorities estimate that Wiggins had stole up to 50 Express Mail packages over multiple thefts. He was caught on surveillance footage from the postal office and federal agents set up a sting to catch him. He returned to commit this theft again on Saturday and he was caught in the act. He was charged with theft of mail and impersonating a government employee, both of which are considered federal crimes, oops.

The Clark Law Office handles all types of drug charges including manufacturing, distribution, possession, and Michigan medical marijuana. For more information or for help in your case, call us today for a free consultation at (517) 347-6900.

What Will Happen If Michigan No-Fault Law Disappears?

The Clark Law Office — Wed, 15 Feb 2012 18:28:00 GMT

Bills are being put through the Michigan Legislature that would eliminate the requirement of Michigan No-Fault Law. This is a much debated topic, but what would this do to residents of our State? First of all, you must realize Michigan is the only state with required No-Fault Law in place, and it is by far the best law for protecting the rights of injured drivers unfortunate enough to sustain serious injuries. It provides lifetime medical coverage among other things if you have suffered some sort of castastropic or serious brain injury. The plans that will be accessible after no-fault law is taken away just aren't sufficient to cover associated bills for a lifetime. Instead injured motorists will likely default to medi-caid and taxpayers will be responsible for the gap or shortfall.

The reasoning behind the change is that Insurance costs in Michigan are too high and this No-Fault law is the reasoning way. I even read an article stating this was causing insolvency to The Michigan Catastrophic Claims Association and as a result making this plan unprofitable for insurance companies.

In case you didn't know, the unlimited cap that is now in place costs drivers an extra $140 per year. I gladly pay this fee every year knowing that if I get in a catastrophic accident, my bills will be paid and I get the medical attention and compensation to live out the rest of my life. With the amount of poor drivers on the road, you never know if you will be in a serious accident or not. Most people assume it could never happen to them. Well, it does. Without a required no-fault law, I suspect most drivers will downgrade to the lowest plan available because it is the cheapest. The insurance companies are behind this legislation and believe me, they don't have your best interest at heart, they see dollar signs.

The Michigan Auto Accident Attorneys at The Clark Law Office have been handling all types of car, truck, and motorcycle cases in Michigan for over 30 years. If you are in need of a Lansing Car Accident Lawyer please give us a call today. Free Consultation at (517) 347-6900.

Lawsuit Filed Against The Michigan Auto Insurance Fund

Lansing Car Accident Lawyer — Tue, 07 Feb 2012 20:41:00 GMT

The Coalition Protecting Auto No-Fault (CPAN) is opposed to changes that are currently being reviewed and has filed a lawsuit against the association that is required to pay benefits under current no-fault auto law. The changes would get rid of the unlimited cap and make auto insurance available in denominations of $250,000, $500,000, $1,000,000, or $5,000,000. The Michigan Casastrophic Claims Assossiation (MCAA) denied a request made by CPAN to reveal information that would give a clear picture about the money that has been paid into the system and how it is being dispersed. The MCAA claims that Michigan No-Fault law which has no cap on benefits is crippling the organization and will result in insolvency or bankruptcy.......right.

I find it incredibily hard to believe that the major insurance companies are going insolvent because of no-fault law in Michigan where there is additional funding provided by Michigan residents. Michigan residents pay an additional fee of $140 every year to help fund the MCAA. The MCAA then reimburses Michigan auto insurance companies on claims that are over $500,000. If the financials are as bad as the MCAA claims, why not just share the information with the public? This seems like the most effective way to raise awareness about their financial situation, and it would help convince me, I just don't believe it. They don't want to know the truth about their financial situation!!!! I watch TV regularly and a nice chunk of the ads are created by insurance companies indicating to me they aren't exactly hurting. Have you seen the new Delta Dental building on Okemos Rd. next to the middle school? It certainly doesn't seem like the insurance industry is headed towards insolvency to me.

At The Clark Law Office, we are proud to say we represent individuals, not insurance companies. We fight against the insurance companies to help you receive the compensation that you deserve after your Michigan auto accident. Don't be taken advantage of by the insurance companies, call us today to receive personalized service regarding your case. Free Consultation with an experienced Michigan Auto Accident Attorney (517) 347-6900

Michigan to Add 1000 Police Officers and 4th Strike Rule

Michigan Criminal Lawyer — Thu, 26 Jan 2012 16:14:00 GMT

If Michigan Attorney General Bill Schuette had his way, 1000 police officers will be added to the force in order to lower violent crime in Michigan. The problem is the money that would be used for this proposal is from the surplus of $457 million that is left over from last fiscal year, and that money is going to be highly contested for other various uses.

Many people believe this money should be used to increase budgets in public schools that were forced to make major cuts from a struggling Michigan economy over the last few years. Another problem is that this money will not be able to keep 1000 police officers employed indefinitely, it would be a temporary increase in staff that is unsustainable in the long term.

Schuette also proposed an additional plan that is targeted against repeat violent offenders. The violent crimes already carry some stiff penalites, but this proposal would make it a minimum 25-year prison sentence if you are convicted of a "serious violent crime" if you already have three prior felony convictions. I'm still trying to find out his definition of a "serious violent crime', if I come across some more specific information I will let you know.

David M. Clark and The Clark Law Office practice all types of misdemeanor charges and felony charges in Michigan. For more information or to discuss your case, contact one of our Michigan criminal attorneys personally at (517) 347-6900 for a free consultation.

Have Medical Marijuana Laws Reduced Traffic Deaths?

Michigan Traffic Lawyers — Tue, 17 Jan 2012 05:14:00 GMT

A recent study has been performed regarding the traffic deaths from 1990 to 2009. The study looked at data from all 50 states but focused in on the states that have passed medical marijuana legislation. It turns out that states with medical marijuana provision have had a 9% decrease in all traffic fatalities. The study was done by professors at the University of Oregon, Montana State University, and The University of Colorado-Denver. The study doesn't address what the reason behind this decrease in traffic deaths is due to, but many people believe that more people are ingesting medical marijuana instead of alcohol. It would be interesting to see if the amount of alcohol sales dropped along with the traffic fatalities. If I hear any more information about this topic, I'll be sure to keep you informed.

The Clark Law Office practices all types of Michigan traffic law along with being a member of the Michigan NORML Legal Committee. Talk to us personally about your case or concerns with a free consultation today! (517) 347-6900.

Drug Conspiracy Charges Dropped

Michigan Drug Attorney — Thu, 12 Jan 2012 16:10:00 GMT

There is finally some good news regarding Michigan medical marijuana for a change. An Oakland County judge dismissed drug conspiracy charges against 7 people that were involved and employees with a Ferndale medical marijuana dispensary. The dispensary was raided in 2010 and the charges were dropped just yesterday.

The main reason these charges were dropped is because police officers had to admit that they forged their state registry cards. As you know, Michigan patients must have a valid state card and these officers simply had their own made without applying. The employees were treated like long-time criminals and heavy drug dealers when they were really only supplying marijuana to patients registered with the state. The once thriving business is now ruined with all their homes and property being seized.

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Regardless, this is a step in the right direction and we can only hope other judges rule much like today. The Clark Law Office handles all types of Michigan drug charges and drug crimes. Talk personally with one of our marijuana attorneys today! (517) 347-6900. Free Consultation.

Michigan Welfare Drug Testing?

Michigan Social Security Lawyer — Wed, 11 Jan 2012 16:49:00 GMT

Many Michigan residents are concerned over a possible law that would require drug testing for all welfare recipients in the state. The proposal has brought alot of controversy including many people that feel recipients should recieve much needed help with their problems instead of being shunned by the system. Regardless, the proposed drug testing will also apply to new applicants in addition to current applicants.

Unlike a previous drug testing system which was halted many years ago, this drug testing will only be a one time process. The test would not be random in nature. The premise behind this proposal is that it would better utilize the tax dollars from Michigan residents. Policymakers must feel that this increases the way our tax dollars are being used. One important clarification that I will be following is whether this law will be applied to all recipients or just those suspected of drug use. The legislation was introduced last month in the state House. According to the state department, testing is very feasible and they expect a program for suspicion-based drug testing. I wonder when we will start drug testing for politicians, that would be the day. The America Civil Liberties Union has publised a comprehensive position opposed to the testing which can be found on their website.

The Clark Law Office handles all types of personal injury, criminal, family, and social security law cases. David M. Clark has over 30 years trial experience in the State of Michigan and many successful case results to his credit. Talk to one of our Michigan Drug Lawyers personally today by calling (517) 347-6900. Free Consultation

Michigan Resident Hit By Postal Truck on I-96

Michigan Car Accident Lawyer — Fri, 06 Jan 2012 21:07:00 GMT

Just this morning a Michigan resident was stuck by a United States Postal Office truck. A man was walking along the I-96 freeway when he was hit and killed by the truck. It is believed that the man's car had broken down due to mechanical failure before he began walking along the freeway around 3:00 AM.

The man was sent to the nearest hospital but could not survive his severe injuries. Some westbound lanes on the highway were closed so that an investigation could take place.

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David M. Clark and The Clark Law Office specialize in Michigan auto accidents and can help you recieve the compensation you deserve. Call us today for a free consultation at (517) 347-6900