Wesley Todd PLLCWesley Todd PLLC2026-06-04T16:58:24Zhttps://www.wesleytoddpllc.com/feed/atom/WordPress/wp-content/uploads/sites/1103579/2024/01/cropped-site-icon-wesley-32x32.jpgOn Behalf of Wesley Todd PLLC<![CDATA[3 times police officers can lawfully search a vehicle]]>https://www.wesleytoddpllc.com/?p=2561872026-06-04T16:58:24Z2026-06-04T16:58:24Z1. Searching with a warrant
In scenarios where police officers have compelling reasons to believe that a vehicle contains evidence of criminal activity, they can ask a judge for a search warrant. A proper search warrant allows police officers to impound a vehicle and conduct a thorough search without violating the rights of an individual.
2. Searching with probable cause
Many vehicle searches occur during traffic stops or at the scene of a crash. Police officers hear, see or possibly even smell something that gives them reason to believe a specific crime occurred. A claim of probable cause requires an articulable suspicion of a specific criminal offense.
3. Searching with driver permission
People stopped by police officers often assume they must comply with any requests made. If an officer asks to search a vehicle, motorists may give their permission. They usually cannot revoke that permission if officers continue to search for an inconvenient amount of time. Police officers often ask for permission when they may not otherwise have the necessary grounds to search a vehicle.
Drivers who know their rights can assert them during police encounters. They can also fight back against misconduct after an arrest. Reviewing the circumstances of a police search with a skilled legal team may be part of developing a criminal defense strategy with the help of an attorney.]]>On Behalf of Wesley Todd PLLC<![CDATA[Will a cup of coffee sober you up after a night out?]]>https://www.wesleytoddpllc.com/?p=2561712026-05-27T15:59:47Z2026-05-27T15:59:47ZNo, a cup of coffee cannot sober you up. If you spent the night out drinking with friends and you want to sober up before getting behind the wheel, people may tell you to drink coffee as a way to lower your blood alcohol concentration (BAC). But this is a common myth, and it does not actually work.When it comes to lowering your BAC, the main thing that matters is time. You simply have to wait and allow your body to metabolize the alcohol. Over time, your BAC will gradually return to a safe level.But you cannot significantly speed up that process. Coffee does not make you sober up faster than drinking water. Taking a shower or eating a meal also does not rapidly reduce your BAC. Your body just needs more time to process the alcohol.
Why does this myth get repeated?
There are certainly people who have believed the myth that coffee can sober them up and then found themselves facing impaired driving charges when it did not work.One reason the myth persists is that many people who have had too much to drink also feel tired, groggy or fatigued. Drinking coffee can help them feel more awake and alert. They may mistake this feeling for sobriety, even though their BAC has not actually dropped in a meaningful way.
Impaired driving defense options
An impaired driving charge can have a major impact on your future. If you find yourself in this position, it is important to understand what defense options may be available to you and what legal steps you should take moving forward.
]]>On Behalf of Wesley Todd PLLC<![CDATA[The accuracy of breathalyzers]]>https://www.wesleytoddpllc.com/?p=2561692026-05-14T09:42:33Z2026-05-14T09:42:33ZWhen the police have reasonable suspicion of drunk driving, for example, when a driver engages in improper turning, weaving or erratic braking, they can stop the vehicle. After the driver stops, the officer will typically look for further evidence, such as odors of alcohol, bloodshot eyes or an open container of alcohol inside the vehicle.
They may then request to perform a preliminary breath test (PBT) on the roadside to establish probable cause for arrest. If they arrest the driver, they will have them perform an evidential breath test at a police station or hospital, which is subject to Michigan’s Implied Consent Law penalties.But, how accurate are the breathalyzers used in these tests?
They are designed to be accurate
Breathalyzers are generally reliable for estimating blood alcohol concentration (BAC). For law enforcement use, manufacturers design breathalyzers to meet strict precision standards. Manufacturers also often use advanced technology, such as fuel cell technology, to ensure these devices are stable and reliable. Nonetheless, they have to be calibrated to remain accurate. Regardless of design and technology, a breathalyzer’s sensor loses its sensitivity over time. Repeated exposure to alcohol, environmental contaminants and humidity results in chemical degradation in the sensor. This can lead to false positives and inaccurate BAC readings.A certified operator must calibrate sensors regularly against a known alcohol standard to ensure readings are within Michigan’s standards.
Other things can affect them
Readings can be affected by some other things. These include mouthwash, breath sprays, fermented foods, medical conditions like acid reflux, medications and aceton, which is increasingly produced by individuals on keto/low-carb diets or with diabetes. If you believe that your BAC reading was inflated, consider legal guidance to explore your defense options.]]>On Behalf of Wesley Todd PLLC<![CDATA[Can police officers lawfully search a car during a traffic stop?]]>https://www.wesleytoddpllc.com/?p=2561672026-04-25T22:22:44Z2026-04-25T22:22:44ZOfficers need a reason to search
Police officers are subject to the restrictions of the Fourth Amendment, which prevents unreasonable searches and property seizures. Individuals should not need to worry about officers patting them down or conducting other unnecessary searches.
During a traffic stop, officers can search a vehicle in certain circumstances. Frequently, searches rely on probable cause, meaning that the officer notices something specific that indicates the crime in progress or a crime recently committed.
Other times, they rely on the consent of the motorist to validate their decision to search. They ask for permission, which the driver might give without realizing the risks involved.
In scenarios where police officers have conducted searches without probable cause or permission, any evidence that they found during the search may not be admissible in a criminal trial. Reviewing the circumstances leading to a vehicle search during a traffic stop with a skilled legal team could help those accused of criminal activity work with a lawyer to suppress the state's evidence or pursue the dismissal of the pending criminal charges.]]>On Behalf of Wesley Todd PLLC<![CDATA[Michigan’s “Good Samaritan” overdose immunity law: What to know ]]>https://www.wesleytoddpllc.com/?p=2561652026-04-10T08:10:18Z2026-04-10T08:10:18ZToo many people aren’t aware that all states, including Michigan, have some kind of “Good Samaritan” fatal overdose prevention law. These laws provide limited immunity to those who seek emergency help for someone they reasonably believe is suffering an overdose. They’re intended to encourage people to call 911 without having to worry that they’ll be arrested for their own drug possession and use.
Each state’s law is unique. Let’s take a look at Michigan law.
What is covered under Michigan law?
Unlike some states’ laws, Michigan law applies to not only the person who calls for help but also to the person who is having the drug-related medical emergency. The overdose victim is also protected if they call 911 or otherwise seek help for themselves. The immunity applies for offenses that involve having drugs in an “amount sufficient only for personal use.” The immunity is only for these particular offenses and only if they’re discovered because someone sought emergency help for themselves or someone else.The law provides immunity only to these specific drug use and possession offenses. It doesn’t apply to more serious drug-related offenses like distribution or delivery. It also has no relevance to any other kinds of offenses that police might discover evidence of at an overdose scene.Note that the law states that people are protected from prosecution for the applicable offenses. It’s not a guarantee that someone may not be arrested or even charged with an offense for which they should have immunity under the law. If someone believes they were wrongly arrested or even if they would like to have their “Good Samaritan” act considered in the charging decision for another offense that their act brought to authorities’ attention, it’s smart to get experienced legal guidance as early as possible.]]>On Behalf of Wesley Todd PLLC<![CDATA[Should drivers in Kalamazoo “sleep it off” in a car before driving?]]>https://www.wesleytoddpllc.com/?p=2561632026-03-30T16:51:10Z2026-03-30T16:51:10ZSleeping in a vehicle could actually be a risky decision
The way that Michigan handles drunk driving cases allows for prosecution even in scenarios where a driver may not have been in motion when they encountered a police officer. If officers patrolling local roads notice a person asleep in their vehicle, they might stop to perform a safety check and make sure the person is not in the midst of an emergency.
A driver who is asleep in their vehicle could end up arrested for a drunk driving offense even if they hadn't driven at all. A driver who is over the legal limit for their blood alcohol concentration (BAC) and who is in control of a vehicle could end up facing charges. Simply being in a vehicle while in possession of its keys and over the legal limit could provide grounds for criminal prosecution in some cases.
Motorists who face drunk driving allegations often need help assessing the situation to determine the best defense strategy. Those facing charges in unique circumstances often need to discuss what led to their arrest at length with a criminal defense attorney accordingly.]]>On Behalf of Wesley Todd PLLC<![CDATA[When can police officers lawfully stop and frisk people in public?]]>https://www.wesleytoddpllc.com/?p=2561612026-03-13T14:03:35Z2026-03-13T14:03:35ZPat-downs are invasive searches
A police officer physically searching a person's body, bags and clothing is perhaps the most invasive type of search possible. Historically, there have been scenarios in which law enforcement professionals have used racial profiling or speculation to justify invasive searches of individuals after encountering them in public locations.
As such, the Supreme Court of the United States has ruled on stop-and-frisk encounters. Also known as Terry stops, a term derived from the relevant Supreme Court case, stop-and-frisk counters must meet two key standards to be lawful.
First, police officers must have an articulable suspicion that an individual committed a specific criminal act. Second, they must have a reasonable belief that the person has a dangerous weapon. Believing that they possess drugs is generally not adequate reason to frisk or pat down a person if an officer doesn't have the probable cause necessary to arrest them.
Stop-and-frisk encounters may sometimes constitute a violation of an individual's rights. Reporting concerns about police officer conduct to a criminal defense attorney can help people evaluate their options. Evidence suppression could lead to a dismissal of pending charges or may pave the way for an effective criminal defense strategy.]]>On Behalf of Wesley Todd PLLC<![CDATA[Is addiction a mitigating factor in Michigan drug charges?]]>https://www.wesleytoddpllc.com/?p=2561582026-02-26T20:58:08Z2026-02-26T20:58:08ZMichigan drug charges can follow offenses involving either prescription medications or prohibited substances. In both cases, people facing drug charges could end up sentenced to jail time, fines and possibly probation. They also experience the setbacks caused by a permanent criminal record.
Some people may have a straightforward defense strategy available to them, such as showing that the drugs in question belonged to another person or suppressing evidence by showing a search was illegal. Others may ask the courts for a lenient sentence, possibly because they do not have any prior offenses or because there are other mitigating factors present. Can a dependence on drugs constitute a mitigating factor when facing drug charges?
Yes, addiction can influence court decisions
The courts try to consider the totality of the defendant’s situation when sentencing them after a guilty plea or conviction. Mitigating factors in a criminal case are details that may warrant a more compassionate approach to the sentencing process. Substance abuse disorders are difficult for people to overcome. They change behavior and personality. They prompt people to act in self-destructive ways. If a person accused of a drug offense has documentation validating their claim that they have a legitimate substance abuse disorder, the courts may take that into consideration during sentencing. In some qualifying circumstances, the defendant accused of a drug offense might even be eligible for adjudication in the adult drug treatment courts. Discussing a history of addiction and other relevant factors with a criminal defense attorney can help those hoping to mount a thorough defense strategy. Addiction can be one of multiple details that influence how the courts address pending drug charges.]]>On Behalf of Wesley Todd PLLC<![CDATA[Peer pressure can lead to juvenile crime]]>https://www.wesleytoddpllc.com/?p=2561562026-02-10T13:12:10Z2026-02-10T13:12:10ZParents are often very surprised to get a phone call telling them that their child has been arrested or charged with a crime. They are worried about the impact that juvenile crime can have on a person’s future. They are also surprised because their child has not been in trouble before. Many parents will maintain that their child must be innocent because “they never would have done that.”
While there are a variety of reasons for juvenile crime, and one thing to consider is peer pressure. Due to the influence of those around them, young people may act in a way that is very out of character, which is why their parents are so surprised to learn what they have allegedly done. It is not something the child would have done on their own.
Underage drinking
One example is underage drinking or even drug use. Teenagers in particular often want to fit in, and they are very concerned with social status.For example, say that a college freshman goes to a party at an apartment complex off campus. They want to make new friends, and they are in a new environment. Everyone there is drinking or using other substances.If they were at home, that same college student would have no desire to drink on their own. But in that social setting, wanting to fit in and make new friends, they may let themselves be pressured by people who offer them drinks. They may also feel that they need to drink to fit in with the general atmosphere, so there is an informal sort of peer pressure because they do not want to be marginalized or feel different from those around them.
Legal defense options
When people find themselves facing criminal charges, it is important to think about their future. Young people and their parents need to know about all of their legal defense options at this time.]]>On Behalf of Wesley Todd PLLC<![CDATA[When should police officers recite a Miranda warning?]]>https://www.wesleytoddpllc.com/?p=2561542026-01-28T22:21:06Z2026-01-28T22:21:06ZWhat is the Miranda warning?
The Miranda warning is a legally-required script read by police officers to advise an individual of their rights. The Miranda warning specifically addresses the right to remain silent and the right to legal representation. The officers may have to secure translation services in cases where a language barrier prevents someone from understanding their rights.
When is the warning necessary?
Some people believe that the Miranda warning is mandatory during an arrest. They may have developed this belief because of how television shows and movies often depict the Miranda warning.
However, the warning is technically only necessary prior to questioning while in state custody. Officers may not provide the warning until hours after the arrest in some cases. They may not need to provide it at all if they never question a person after their arrest.
Individuals who believe that they may have experienced a violation of their rights may benefit from discussing their concerns with a criminal defense lawyer. An attorney can help people recognize rights violations and evaluate their options for responding after a violation occurs. Discussing police officer conduct with a skilled legal team can be an important component of a successful criminal defense strategy.]]>