(Legally) Get High But Don't Drive

On November 8, 2018, Michiganders made some sweeping changes in the Great Lakes state when they went out to the polling stations. Democrat Gretchen Whitmer was elected Governor, hourly minimum wage was increased from $10 in 2019 to $12 in 2022, and legislative district lines will be re-drawn! Also, an awesome number of women were elected to the US Senate, US House, Michigan Supreme Court, Michigan House of Representatives, and for the first time in Michigan history, all of the top Michigan offices of Governor, Secretary of State, and Attorney General!

Perhaps the most controversial and astonishing result of this election was the victory of Proposal 1, the legalization of marijuana, with a 56% - 44% margin! As such, Michigan became the first state in the Midwest to legalize marijuana. But before people start to search Google Maps for the nearest hydroponic shop or post pictures of themselves lighting up on Facebook or Instagram, they should know that it may be a few years until they can commercially grow or purchase marijuana. While smoking marijuana is now legal, residents likely won’t be able to legally buy recreational marijuana until early 2020.

It should be clarified however, that Michigan legalized medical marijuana in 2008, so the proposal that just passed governs, “the personal possession and use of marijuana by persons 21 years of age or older.” So, what does adult recreational use of marijuana entail? Well, The Detroit Free Press discusses the new Michigan recreational marijuana laws.

Michigan’s Recreational Marijuana Laws

  • Allow individuals age 21 and older to purchase, possess and use marijuana and marijuana-infused edibles and grow up to 12 marijuana plants for personal consumption.

  • Impose a 10-ounce limit for marijuana kept at residences and require that amounts over 2.5 ounces be secured in locked containers.

  • Create a state licensing system for marijuana businesses, including growers, processors, transporters and retailers.

  • Allow municipalities to ban or restrict marijuana businesses.

  • Permit commercial sales of marijuana and marijuana-infused edibles through state-licensed retailers, subject to a new 10-percent tax earmarked for schools, road and municipalities where marijuana businesses are located.

While many are celebrating this new legislation, Michigan becoming the 10th state to legalize recreational marijuana may have negative consequences. Marijuana legalization may result in increased crime, abuse of the substance, and even more car accidents. A study conducted by the Highway Loss Data Institute (HLDI) found that legal recreational marijuana sales in Colorado, Washington, and Oregon, which have legalized recreational marijuana, were associated with a 6% increase in collision claims compared with 5 neighboring states that did not legalize the drug. According to the study, “marijuana dulls the perceptual and cognitive abilities required for safely operating a motor vehicle.” Also, “results from simulator studies suggest that consuming marijuana increases lane weaving behavior and interferes with drivers’ ability to maintain a constant headway.”

Michigan has already been seeing some marijuana car crashes. On January 20, 2019, a driver under the influence of marijuana crashed into a parked Michigan State Police trooper who was responding to an accident on I-75. According to a local report, the 26-year-old man was arrested for driving under the influence of marijuana and was taken to the hospital for a blood test. The driver admitted to driving under the influence of marijuana and was issued a DWI.

With new laws come new responsibilities. Michigan drivers should know that the legalization of recreational marijuana doesn’t mean they can get high and drive. Most people know better than to drive under the influence of alcohol, so since marijuana is a psychoactive drug, they should know better than to drive under the influence of marijuana. Driving while impaired under the influence of any drug can cause car accidents! In fact, other states that have legalized marijuana have seen an increase in the number of marijuana car accidents, so there may be an increase in Michigan marijuana car accidents soon. And instead of calling a lawyer to get them off of a drug charge, Michigan marijuana smokers may soon be seeking marijuana car crash legal representation.

People typically don’t call attorneys for good reasons. Being hit by a driver under the influence of marijuana, or worse, being the impaired driver who causes a car accident, is a terrible circumstance in which to call a lawyer. The Michigan Law Firm, PC recognizes that calling a lawyer and dealing with a marijuana car accident case can be a tough process. Our attorneys are experienced in dealing with all types of car crash cases and help clients make the legal process as easy as possible. For a free legal consultation with a Michigan marijuana lawyer, call us at 844.4MI.Firm.

Colder Temperatures Reignite Car Idling Debate

Readers of The Michigan Law Firm, PLLC blog may remember two articles from this past summer that documented the saga of a Michigan man receiving a ticket for warming up his car one winter morning. Nick Taylor Trupiano, age 24 and of Roseville, Michigan, started his car in his driveway one morning in January of 2017. Taylor went back in his house to wait for it to warm up, but when he went back out to his car, was shocked to find a ticket on the windshield. The ticket read, “Vehicle parked in drive with keys in the ignition, motor running -- no one around."

Trupiano, angry and confused by the $128 fine, posted a picture of the ticket on Facebook, along with a heated description of the situation. The post was shared over 14,000 times. Facebook users were both angered at the Roseville Police Department for the bizarre ticket, and concerned that the same thing could happen to them. The Roseville Police Department responded, saying that, by leaving the car on with the keys in the ignition, Trupiano was “putting the public at risk” and creating a “public safety issue.” Essentially, Trupiano was leaving the car open to being stolen, since it was sitting in public view with the keys in the ignition. The law that Trupiano was ticketed under was put in place in order to deter carjackings. Had he started his car with a remote starter, it would have been fine. It’s the fact that the keys were in the ignition, making it fairly easy to steal the car, that was the issue. Trupiano fought the ticket, but lost, and was forced to pay the fine.

Many Michigan residents were concerned that the same thing could happen to them, since it's common for Michiganders in the middle of a harsh, typical winter to warm their cars up while they wait inside. Agreeing with Michigan citizens, Representative Holly Hughes introduced Bill 4215, a bill that would make it legal to leave a car running with the keys in the ignition so long as it was on private property. The bill passed the Michigan House of Representatives, and Governor Rick Snyder officially signed it into law on June 28, 2017. To be clear, it is still illegal to leave a car running with the keys in the ignition on public roads and freeways.

While the bill may have alleviated many Michigan residents’ fears about being ticketed for warming up their car in the winter, what was lost in the debate is whether or not cars even need to be warmed up in the winter. The short answer is, no. The idea that drivers need to warm up their vehicles before driving in the winter does stem from some truth, but doesn’t carry much weight now. According to the Washington Post, it is true that a vehicle's fuel economy does decrease significantly in colder temperatures, and it does take longer for the engine to warm up to its optimal temperature in the winter. More so, vehicles manufactured with carburetors do need to be warmed up in order to work well and prevent the car from stalling. However, automobile manufacturers stopped using carburetors by the mid 1990s, and began using electronic fuel injections. Electronic fuel injections can monitor and adjust to the temperature, so warming up isn’t necessary. As a result, modern vehicles don’t need to be warmed up for more than 30 seconds before driving - the engine will warm up faster while being driven than it would will idling in the driveway.

In short, if you’re warming up your vehicle to help your engine, that really isn’t necessary. But if you idle your car in the morning simply so your car is warm and you don’t have to spend the first 10 minutes of your commute in an icebox, that’s a different story! Many drivers warm up their car for comfort, but it’s important to consider the economic and environmental implications. Idling your car not only wastes fuel (and thereby wastes money) but it also gives off greenhouse gas emissions. A 2009 study found that idling cars account for 1.6% of all greenhouse gas emissions in America. While some idling, such as idling in traffic, is unavoidable, idling in the driveway is not. That same study found that based on the price of fuel in 2009, Americans could save $5.9 billion a year on fuel costs if drivers would cut out unnecessary idling.

Whether you decide to idle your car in the morning or not is up to you. But if you do decide to idle your car, make sure you do so in your driveway, where it is now legal. Do so on a public street, and you are fair game for a ticket.

While accidents can happen any time of year, driving in snowy and icy conditions can be especially challenging, and can lead to winter weather car accidents. If you have been involved in an automobile accident due to winter road conditions, call The Michigan Law Firm, PLLC at 844.4MI.FIRM for a free legal consultation. 

Lawsuit Against Snapchat For Rewarding Speeding Drivers Dismissed

Last May, The Michigan Law Firm, PLLC blog reported on a car accident caused by a driver using Snapchat, while behind the wheel. Following this motor vehicle crash, the Spalding County State Court in Griffin, Georgia was tasked with ruling over a case that may have helped set a precedent for companies that create platforms, apps, and devices, who could be found responsible if their invention potentially causes a driver to become distracted while driving.  

Snapchat Car Crash Lawsuit

The defendant in the case, Christal McGee, was 18 years old at the time of the September, 2016 Snapchat car accident. After being involved in the car crash, McGee posted a selfie on Snapchat that depicted her strapped to a gurney with a head wound, captioned, "Lucky to be alive." The photo went viral and sparked an investigation into her auto accident. Investigators found that McGee had been using a Snapchat filter that apparently records how fast the user is going at the time the picture is taken, and rewards the user with a 'trophy' if they are going more than 100 mph. It was discovered that McGee was going about 107 MPH with three passengers in the car, when Wentworth Maynard drifted into her lane and was rear-ended by McGee's speeding vehicle. 

The case was looking to determine whether or not Snapchat should be held responsible for this motor vehicle crash, and if they should pay reparations to Wentworth-a former Uber driver- and his wife Karen, who were both in the car rear-ended by McGee. Maynard had suffered a severe traumatic brain injury from the auto accident. After deliberating, Judge Josh Thacker ended up dismissing the charges against Snapchat, saying the company was immune to the charges under the following clause from the 1996 Communications Decency Act:

"No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider." 

McGee, however, has been charged with reckless driving, speeding, driving too fast for road conditions, and a felony charge of serious injury by vehicle. One of McGee's passengers was Heather McCarty, who was 27 and pregnant at the time of the distracted driving car crash, and had simply accepted a ride home from her co-worker, McGee.

The New York Daily News reports that while in the vehicle, McCarty said, "What are you doing? Slow down!" to McGee as she supposedly attempted to reach 100 mph. "I just remember screaming 'There's a car!' and I know we hit the back of his vehicle and I don't remember anything after that." 

Michigan Distracted Driving Laws 

The Michigan House of Representatives is in talks of creating a bill that will ban drivers from using their cell phone while behind the wheel, with the exception of Bluetooth and other hands-free technology. Drivers, MLive reports, would also be allowed to use their handheld device if they are pulled to the side of the road or in another area where they can remain stationary. Another exception is if the phone is securely mounted to the windshield or dashboard within easy reach. The bill will include banning the use of electronics such as handheld games, laptops, and GPS devices. Michigan drivers would even be prohibited from using the devices at stop signs and traffic lights.  

Source: GIPHY, American Broadcasting Company's The View

The bill defines phone use as:

"Conducting a search; viewing, taking, or transmitting an image or video; playing games; performing a command or request to access an internet page; and composing, sending, reading, viewing, accessing, browsing, transmitting, saving, or retrieving an e-mail message, text message, instant message or other electronic data." - H.R. 4466

Any motorists that are found guilty would have to pay a $250 fine for the first offense and $500 for the second. First responders such as EMTs, firefighters, and law enforcement officers however, would be free to use a two-way radio or citizens band (CB) radio service. The bill would also exempt citizens who are reporting an accident, road hazard, crime, or other emergencies.

Jim Santilli, chief executive officer of the Transportation Improvement Association, a Troy-based nonprofit supporting the introduction of this bill, has said that after California banned the use of handheld electronic devices, traffic fatalities dropped by 22% and deaths specifically related to drivers using handheld devices fell 47%. So, it stands to reason that Michigan could benefit from implementing a similar law, helping minimize social media car accident injuries and distracted driving fatalities on the road. 

If you've ever tried to tell a teenager to put away their phone at the dinner table, you know how difficult the task is. Young adults and teens thrive on taking pictures, watching videos, and constantly checking social media. Hopefully however, with publicity from this Snapchat lawsuit and other social media car accident lawsuits and the possibility of new distracted driving laws being passed, distracted driving will be seen as a serious offense. Drivers may then be persuaded to turn of their mobile devices when behind the wheel, to prevent distracted driving accidents from happening. To nail this point on the head, a Snapchat spokesperson stated in relation to the McGee-Maynard case, "No Snap is more important than someone's safety." So, let's remember to practice safe driving habits and to leave the phone in the backseat, turned off, or in the hands of a passenger, next time we get ready to operate a moving vehicle. 

As accidents caused by distracted drivers are occurring increasingly more often, it is important that drivers become aware of preventative and safety measures to deter them from using their electronics while operating a vehicle. Distracted driving causes just as much harm and as many fatalities as drunk driving and so, it's prevention should be treated just as importantly. If you or someone you know has been in an accident involving a distracted driver, please call The Michigan Law Firm, PLLC at 844.4MI.FIRM for a free consultation.

Update: Roseville, Michigan Man Ticketed For Warming Up His Car

The Michigan Law Firm, PLLC blog recently informed blog readers of an incident that happened last winter when a Roseville, Michigan man left his car running in his driveway with the keys still in the ignition. Nick Taylor Trupiano, 24, was given a $128 ticket that he felt was unfair. He conveyed his upset by posting a picture of the citation and a verbal rant on his Facebook page, on which the Roseville police received unkind remarks. The post led to many other Michigan residents to being concerned on how they could warm up their vehicles in the winter without being charged for endangering the public.  


Following this incident, Republican Rep. Holly Hughes introduced Bill 4215 that would allow citizens to leave their keys in the ignition while the car is running on private property - at their own risk. The bill passed in the House and Governor Rick Snyder just officially signed it into law on June 28, 2017. It should be noted however that the bill does not allow for citizens to leave their cars unattended and idle while on the freeway, but only on their private property. 

Another piece of legislature that Snyder approved was for drivers to show proof of their vehicle’s registration by phone or another electronic form along with their auto insurance when asked by a police officer. This measure will help those who like the convenience of having their documents on their phone or simply want to be green, by using less paper.

Now with the bill signed into law, many Michigan residents can rest easy when warming up their cars during the colder weather months. While this news may cause citizens of Michigan to rejoice, they should remember that a car that is left running for more than 10 minutes is essentially wasting gas, while polluting the environment, and causing damage to their car's engine. In fact, most people who live in cold areas don't even realize that warming up their car by letting it idle isn't even practical. Global News was informed by Car Help consultant, Mohamed Bouchama, that, “the car warms up much faster when it’s driving than when it’s idling...As long as your windows and mirrors are clear of snow and frost, you’re good to go." In other words, Michiganders should just take the time to start the car, clear the windows, and then drive, this winter. 

Bill 4215 has saved many motorists from being fined for something most believed was perfectly legal. However, motorists should still be careful of leaving their keys in the car where any person passing by could potentially steal the vehicle. If you or a loved one have been injured in an auto accident, call The Michigan Law Firm, PLLC at 844.4MI.FIRM for a free consultation. 

Michigan House Eliminated $80 Million Tax Credit to Insurance Companies

Back in May 2016, the Michigan House of Representatives approved a measure which would eliminate an $80 million tax credit accidentally awarded to auto insurers. The elimination of this tax credit would be a major boost for the current and future state budgets, which have been impacted by lower than expected state revenue lawmakers told MLive. According to the latest estimates, state revenues are projected to be $174 million lower than expected this fiscal year and $159 million lower in 2017.  

The notable drop in revenues for the state was the deciding factor that really brought the proposal of eliminating the tax credit to the forefront. “I think this creates a real incentive for folks to understand we just can’t have a corporate 80 million handout giveaway. And that needs to get fixed. So I think it puts a little more urgency on that,” House Appropriations Chairman Al Pscholka said. 

“It’s not retroactive, so it doesn’t take the money back, but they (auto insurers) can’t claim the credit in this year,” Gideon D’Assandro, spokesman for House Speaker Kevin Cotter said. The problem first began in the 2011-2012 legislative session, when the House approved what came to basically be an administrative charge for the Michigan Assigned Claims Plan. MLive reports that it was reassigned from the Secretary of State to the Michigan Automobile Insurance Placement Facility, which then opened a tax credit worth somewhere around $60-80 million for insurance companies. 

Representative Jim Townsend, a Democrat from Royal Oak believes that the tax credit aided auto insurers and at the same time hurt middle class families. “Passing these bills shows that Republicans are listening to our message of tax fairness, and understanding that we need to help the working families who are carrying an increasing share of the state’s tax burden,” Townsend said in a statement. 

Insurance companies can be tricky and it can be difficult to face them alone. If you or somebody you know has been involved in an accident and has been having a difficult time getting help from your insurance company, call The Michigan Law Firm, PLLC. Our attorneys are experienced in working with insurance companies in order to get our clients the best help available. Call us today, at 844.4MI.FIRM for a free consultation.