Wesley Todd PLLCWesley Todd PLLC2026-07-18T23:01:26Zhttps://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[Felony firearm charges and mandatory sentencing in Michigan]]>https://www.wesleytoddpllc.com/?p=2562642026-07-18T23:01:26Z2026-07-18T23:01:26ZHow felony firearm charges work
Michigan felony gun charges apply when someone is in possession of a firearm during the commission or attempted commission of a felony. The law covers both actual possession and constructive possession.
Actual possession means the firearm was found in a person's direct, physical control. Constructive possession means it was found near enough for an individual to take control of it. Examples include having a firearm in a vehicle, in a nearby location or stored in a place under a person’s control.
Many people believe constructive possession is less serious than actual possession. However, it can still lead to a harsh outcome upon conviction.
Common defenses in felony cases
Firearm cases charged as felonies often involve disputes about possession. Prosecutors try to demonstrate that the person knew about the firearm and had the intent and ability to control it. Potential defenses include the following:
Lack of knowledge of the weapon
No actual or constructive possession
Firearm was not used during a felony
Unlawful search or seizure
The court will review the underlying felony charge, the firearm evidence and the person’s history. With solid evidence and skilled legal guidance, it is possible to present a solid defense against serious gun charges.]]>On Behalf of Wesley Todd PLLC<![CDATA[3 requirements for a self-defense claim in Michigan]]>https://www.wesleytoddpllc.com/?p=2562622026-06-30T15:28:41Z2026-06-30T15:28:41Z1. Lawful presence
People generally can only engage in self-defense when they are lawfully present in a location. Those trespassing or committing a crime when an incident occurs do not automatically have the right to use physical force to protect themselves against the violence of others, whose actions may simply be a response to a crime in progress.
2. Reasonable safety concerns
For a self-defense claim to hold up during criminal proceedings, it must pass the reasonable person test. Would another reasonable adult in the same situation determine that physical force is necessary for self-protection? If other people may not view certain words or actions as credible threats, then people may struggle to assert that they acted in self-defense.
3. Proportional response
Responding to one person's attempt to trip another with deadly force is likely a disproportionate response. People acting in self-defense must ensure that the amount of force they use is appropriate given the degree of threat they believe is present in the situation.
Working with a criminal defense attorney can help people decide if a claim of self-defense is an appropriate legal strategy. A lawyer can help evaluate the situation at issue and begin strategizing accordingly.]]>On Behalf of Wesley Todd PLLC<![CDATA[Prescription drugs and DUI stops]]>https://www.wesleytoddpllc.com/?p=2562602026-06-21T09:50:31Z2026-06-21T09:50:31ZMost DUI stops in Michigan revolve around alcohol use. People may have been drinking at bars or restaurants or simply having alcoholic beverages at home. They get pulled over by police officers, who then administer a breath test to determine their blood alcohol concentration and level of impairment.
But it is also important to remember the role prescription drugs can play. Impaired driving is still illegal, even if that impairment comes from a prescription medication and not alcohol.
Operating a motor vehicle
First and foremost, consider the instructions that come with any prescription drug, and even some over-the-counter medications. They may tell you not to operate a motor vehicle after taking the medication in question.In some cases, this is phrased as "operating heavy machinery." People sometimes overlook the fact that this includes driving a car, not just using construction machinery, forklifts or something of that nature.
Exaggerated effects
On top of that, remember that some medications can exaggerate the effects of alcohol. Examples could include certain blood thinners, painkillers or other medications that cause drowsiness or impairment.In other words, a person may think that it is no problem to have one drink and drive their car because they normally would be well under the legal limit. But if they are also taking a certain medication, a much smaller amount of alcohol than usual could still lead to significant impairment.
Your defense options
If you are facing drunk driving allegations in Michigan, they can have a major impact on your future and your reputation. Be sure you know what legal defense options you have.
]]>On 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.]]>