A Shyler Engel, PLLC client was charged with Operating with the Presence of Marijuana. Despite having a physician’s certification prior to her arrest, the trial court judge denied Shyler any ability to argue that his client had a medical purpose for using marijuana. Because the judge denied our Section 8 motion without a hearing, our client would never able to show a jury that she was not impaired by the marijuana while she was driving — but merely tested positive for it. Shyler appealed this decision all the way to the Michigan Supreme Court. Today, we learned the the Supreme Court agreed with us enough to remand the case back to the Court of Appeals requiring them to review the merits of our appeal. This case may expand the scope of protections provided to medical patients beyond People v Koon.
A Shyler Engel, PLLC client was charged with Operating while Intoxicated. Shyler discovered through dashcam video review that police officers had negligently prepared a search warrant affidavit for the blood draw. Shyler filed a motion pursuant to Franks v Delaware, and after many contested days in court, the district court determined that a blood draw lacked probable cause, and dismissed the criminal charge.
A Shyler Engel, PLLC client was leaving a bar after playing golf with friends. Our client maintained that he only had a single beer at the bar. He and his friend started driving home when an officer pulled them over for crossing a double yellow line. The officer asked routine questions, but eventually asked whether our client had been smoking marijuana. Our client admitted to using marijuana on the golf course, but that was nearly 5-6 hours ago. The officer immediately placed our client under arrest after a few quick roadside sobriety tests, charged with Operating while under the Influence of a Schedule 1 Controlled Substance: Marijuana.
We attained copies of the blood results, police reports, motor vehicle dashcam recording, and our client’s medical records. While our client was not an active medical patient, he had been certified by a physician for the medical use of marijuana. We informed the prosecution that People v Koon requires the government prove actual impairment, and that Section 8 of the MMMA can be raised in defense of any charge involving marijuana. We also noticed that the reason for the stop seemed tenuous after reviewing the dashcam video. Motions in hand, we were able to negotiate a deal to a simple careless driving, a civil infraction. He paid a fine at the counter and left.
A Shyler Engel, PLLC client was charged with Operating Under the Influence of Drugs (OUID), Reckless Driving, and Improper Transportation of Marijuana after she lost control of her vehicle and crashed. The blood results indicated that there was active-THC in her blood. After a series of motions and setting the case for trial, the prosecutor asked us to try to resolve the matter. Today, our client entered a guilty plea to the Improper Transportation of Marijuana and a responsible plea to Careless Driving. The “drunk driving” charge was dismissed. The reckless driving charge was dismissed. After probation, the Improper Transportation charge will be dismissed. While our client will have probation, she will be able to continue using marijuana for medical purposes. While we’re never happy that anyone has to be on probation, we simply could not pass up the chance of having all the criminal charges dismissed, including the driving under the influence of drugs and reckless driving charges.
A Shyler Engel, PLLC client was accused of stealing a car. The client was originally charged with Unlawful Use of a Motor Vehicle, a 2 year felony, but the prosecutor threatened to raise the charge to Unlawfully Driving Away, a 5 year felony. The client was already convicted of multiple felonies and over a dozen misdemeanors. Shyler Engel encouraged the client to hold his preliminary examination. As anticipated, on cross examination, the alleged victim admitted that she did not actually see the Defendant take her keys or drive her car. Moreover, Shyler Engel was able to show that the alleged victim was lying about how much she had to drink the night of the incident. Other testimony was provided regarding an alleged taped admission from the Defendant, and the Prosecutor even asked for the more serious charge, however that did not persuade the judge that probable cause existed necessary to bind over any the charges to Circuit Court. Case dismissed.
A Shyler Engel, PLLC client was accused of fleeing and eluding, assaulting a police officer, drunk driving, and driving on a suspended license after he led more than 15 police officers on a multi-county car chase. After his car hit the stop sticks, and after his tires disintegrated, he eventually neared his home and exited his car. After some scuffling in the doorway, he was eventually arrested. It seemed that the client’s future was over, however, Shyler Engel, PLLC, concentrating on the positive aspects of the client’s life, was able to work out a plea agreement where every felony charge was dropped.
A Shyler Engel, PLLC client was exhausted with the terms of the reporting and testing requirements of her probation from a Operating with the Presence of a Controlled Substance conviction in Bloomfield Hills. After Shyler Engel, PLLC filed a motion to modify the terms of her probation, the judge released her from all reporting requirements and significantly reduced the testing requirements for the remaining six months of her probation.