The Wolf Law Firm

11/28/2025

Drunk driving arrests are criminal offenses that can lead to penalties such as jail time, fines, and license suspension. These arrests often follow traffic stops where a driver is suspected of being under the influence, based on factors like erratic driving or physical signs of intoxication. While specific penalties and legal procedures vary by location, they are serious, with consequences including imprisonment, financial penalties, and mandatory educational programs.

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03/28/2024

CAMP LEJEUNE WATER CONTAMINATION...

On August 2, 2022, the U.S. Senate passed the Camp Lejeune Justice Act of 2022, which provides an avenue for those exposed and harmed by Camp Lejeune’s contaminated water supply to receive fair and just compensation. President Biden signed the bill into law on August 10, 2022, which triggered a statute of limitations that requires all prior claims to be filed by August 10, 2024.

What Caused the Contamination? What Toxins Were Found?
In 1982, benzene, trichloroethylene, tetrachloroethylene, perchloroethylene, and vinyl chloride – each of which is carcinogenic and harmful to humans – were discovered in several drinking water sources at Camp Lejeune. In some areas, the chemicals were documented at up to 300 times acceptable levels.

The contamination was concentrated at Tarawa Terrace, Holcomb Blvd., and Hadnot Point and caused by chemicals dumped by a 24-hour dry cleaner, a 30,000-gallon fuel leak at the fuel farm, and leaks from underground waste disposal sites. Veterans and civilians alike recall the water tasted different and remember being told it was due to minerals from the North Carolina hills.

What Is the Camp Lejeune Justice Act of 2022?
Camp Lejeune Map e1660083241591The Camp Lejeune Justice Act of 2022 (CLJA) is part of the larger Honoring Our PACT Act of 2022. It is a bipartisan bill intended to ensure that veterans, their families, and all others who lived or worked at Camp Lejeune between 1953 and 1987 who were exposed to and harmed by water contamination receive fair and just compensation for that harm.

Who Is Eligible for Compensation Under the CLJA?
This Act provides a path to compensation for military veterans and their family members on the base who suffered a water toxicity-related illness. To be eligible, an individual must have lived or worked at Camp Lejeune for at least 30 days between August 1, 1953, and December 31, 1987, consumed the contaminated water, and later suffered a qualifying illness, disease, or condition. Estimates indicate that more than one million people were exposed to the toxins in those 34 years.

What Are “Qualifying” Illnesses, Diseases, and Conditions?
It is our understanding the contaminated water sources were mostly closed by early 1985, but those exposed to the toxic chemicals later suffered from cancer and other serious health problems, including:

Bladder cancer
Kidney cancer
Lung cancer
Multiple myeloma
Renal toxicity
Scleroderma
Non-Hodgkin’s lymphoma
Liver cancer
Birth defects (if the unborn baby was exposed through the mother)
Leukemia
Myelodysplastic syndromes
Parkinson’s disease
Neurobehavioral effects
Hepatic steatosis
Major cardiac defects
Several other conditions may ultimately qualify for compensation, including male breast cancer, infertility, miscarriage, and esophageal cancer.

Veterans Administration LogoDo I Still Qualify If I Am Already Receiving VA Disability or Social Security Disability Benefits for My Condition?
Yes! Your recovery would only be offset by the portion of your disability payment for the qualifying condition caused by the contaminated water. You can still recover damages above and beyond your disability payments.

What Damages Could I Recover?
Your recovery could include both economic and non-economic damages. Non-economic damages consist of compensation for pain and suffering, personal harm and losses, loss of independence, and loss of society and companionship of a loved one. Recoverable economic damages would include medical bills, costs of ongoing medical care, lost wages, household expenses, travel expenses, cost of medications and home care, and costs of future surgeries and medical treatment.

Where Will Cases Be Filed, and How Much Time Do I Have to File?
Claims under the Camp Lejeune Just Act of 2022 cannot be filed under the Federal Torts Claim Act or as a class action or multidistrict litigation. Instead, you must first file administrative notice of your claim with the Navy Judge Advocate General. If your claim is denied or you do not receive a response, your individual case will proceed in the U.S. District Court for the Eastern District of North Carolina. Under the Act, an injured person has only two years to bring a claim after the bill is enacted, so it is crucial to act quickly.

Fighting for Individuals, Veterans, and Families
If you or a family member was exposed to contaminated water at Camp Lejeune and suffered a related injury, contact us to discuss your potential right to compensation. There is no cost for consultation, and you pay no fee unless we successfully recover damages on your behalf.

Learn how we can help you. Call 248-693-6245 or 888-WOLF LAW or email [email protected]

02/15/2024

NEW GUN LAWS IN MICHIGAN... Explained by the Michigan State Police:

This update is published by the Michigan State Police, Legal Resources and Education Unit, and is provided for informational purposes only.
Officers should contact their local prosecutor for an interpretation before applying the information contained in this update. Questions and
comments may be directed to [email protected]. Past editions can be found at www.michigan.gov/msp-legal.
FI****MS ACT
Fi****ms Act amended to require “safe storage” of
fi****ms where a minor is present or likely to be
present.
Public Act 17 of 2023 amended the Fi****ms Act by
adding MCL 28.429 to create a new crime for improperly
storing or leaving a firearm unattended where a minor is
present or likely to be present.
Required “Safe Storage” – Premises Under the
Individual’s Control
An individual who stores or leaves a firearm
unattended on premises under the individual’s control,
and who knows or reasonably should know that a
“minor” is, or is likely to be, present on the premises shall
do 1 or more of the following:
• Store the firearm in a “locked box or container.”
• Keep the firearm unloaded and lock the firearm with
a “locking device” that is properly engaged to render
the firearm inoperable by any individual other than
the owner or an authorized user. MCL 28.429(1).
"Minor" means an individual less than 18 years of age.
MCL 28.429(10)(c).
"Locked box or container" means a secure container,
specifically designed for the storage of fi****ms, that is
fully enclosed and locked by a padlock, key lock,
combination lock, or similar locking device to which a
minor does not possess the key or combination, or
otherwise have access. MCL 28.429(10)(a).
"Locking device" means a trigger lock, cable lock, or
similar lock that prevents a firearm from discharging.
MCL 28.429(10)(b).
Required “Safe Storage” – Entering Premises of
Another Individual
An individual who enters onto the premises of another
individual, stores, or leaves a firearm unattended on
those premises, and who knows or reasonably should
know that a minor is, or is likely to be, present on the
premises, shall take either of the above-described
measures, or before entering onto the premises, do both
of the following:
• In the individual’s motor vehicle, store the firearm in
a locked box or container in that vehicle, or keep the
firearm unloaded and lock the firearm with a locking
device that is properly engaged to render the firearm
inoperable by any individual other than the owner or
an authorized user.
• Lock the individual’s motor vehicle. MCL 28.429(2).
Penalties for “Safe Storage” Violations
• Minor exhibits or possess the firearm in a public
place or exhibits or possess the in the presence of
another person in a careless, reckless, or
threatening manner – 93-day misdemeanor. MCL
28.429(3).
• Minor discharges the firearm inflicting injury – 5-year
felony. MCL 28.429(4).
• Minor discharges the firearm inflicting “serious
impairment of a bodily function” as defined in MCL
257.58c. – 10-year felony. MCL 28.429(10)(d).
• Minor discharges the firearm causing death – 15-
year felony. MCL 28.429(6).
Exceptions
The required “safe storage” and associated violations do
not apply under the following circumstances:
• A minor who does all the following:
o Obtains a firearm with the permission of the
minor's parent or guardian.
o Uses or possesses the firearm while the minor
is under the supervision of the minor's parent,
guardian, or any individual who is 18 years of
age or older and who is authorized by the
person's parent or guardian.
o Uses or possesses the firearm during the
minor’s employment, ranching or farming, or
target practice or instruction in the safe use of
a firearm. MCL 28.429(7)(a).
• A minor who obtains a firearm with the permission
of their parent or guardian who possesses it for the
purposes of lawful hunting. MCL 28.429(7)(b).
• A minor who obtains a firearm through the unlawful
entry of any premises or the motor vehicle where
the firearm has been stored. MCL 28.429(7)(c).
• A minor who obtains a firearm while acting in lawful
self-defense/defense of others. MCL 28.429(7)(d).
NO. 156
February 15, 2024
Subscriptions: To receive the Update via email, go to michigan.gov/msp-legal and click on “subscribe to legal updates.”
MSP Legal Update No. 156
Page 2 of 2
This update is published by the Michigan State Police, Legal Resources and Education Unit, and is provided for informational purposes only.
Officers should contact their local prosecutor for an interpretation before applying the information contained in this update. Questions and
comments may be directed to [email protected]. Past editions can be found at www.michigan.gov/msp-legal.
Fi****ms Act amended to require federally licensed
fi****ms (FFL) dealers to include a trigger lock or
gun case with the sale of each firearm and to
provide certain information to the purchaser.
Public Act 17 of 2023 amended MCL 28.435 of the
Fi****ms Act to prohibit an FFL from selling a firearm in
Michigan without including a trigger lock or gun case and
providing required information with the sale.
FFL Dealer Sales – Required Trigger Lock/Gun Case
Except as described below, an FFL dealer shall not sell
a firearm in Michigan unless the sale includes 1 of the
following:
• A commercially available trigger lock or other device
designed to disable the firearm and prevent the
discharge of the firearm.
• A commercially available gun case or storage
container that can be secured to prevent
unauthorized access to the firearm.
Exceptions
MCL 28.435 does not apply to any of the following:
• The sale of a firearm to a police officer or a police
agency. MCL 28.435(2)(a).
• The sale of a firearm to a person that presents 1 of
the following to the FFL dealer:
o For each firearm purchased, a trigger lock or
other device designed to disable the firearm and
prevent the discharge of the firearm together
with a copy of the purchase receipt for the FFL
dealer to keep.
o For each firearm purchased, a gun case or
storage container that can be secured to
prevent unauthorized access to the firearm
together with a copy of the purchase receipt for
the FFL dealer to keep. MCL 28.435(2)(b).
• The sale of an "antique firearm" as defined in MCL
750.231a. MCL 28.435(2)(c).
• The sale or transfer of a firearm if the seller is not a
FFL dealer. MCL 28.435(2)(d).
Required Information and Documentation
FFL dealers shall not sell a firearm in Michigan unless
accompanied with all the following free of charge:
• A brochure or pamphlet that includes safety
information on the use and storage of the firearm in
a home environment. MCL 28.435(3)(a).
• A written warning informing the purchaser of the
Firearm Storage Requirements and Penalties for
failing to comply with “safe storage” requirements.
MCL 28.429(8)(a); MCL 28.435(3)(b).
• Lethal means counseling literature published by the
Michigan Department of Health and Human Service
(MDHHS) under MCL 28.429(8)(b). MCL 28.435(c)
Upon sale of a firearm, the FFL dealer and the
purchaser shall sign a statement that the sale complied
with MCL 28.435(1), (2), and (3). MCL 28.435(4).
The FFL dealer must retain a copy of the signed
statement required in MCL 28.435(4) and the receipt
described in MCL 28.435(2)(b) for at least 6 years. MCL
28.435(5).
The FFL dealer shall post a conspicuous notice
regarding “safe storage” violations. MCL 28.435(6).
FFL Dealer Sales – Violations of MCL 28.435
A person who violates MCL 28.435 is guilty of a crime.
Penalties:
First offense 93-day misdemeanor
Second offense 1-year misdemeanor
Third or subsequent offense 2-year felony

Legal Resources for Police Officers

06/12/2023

Effective June 30, 2023

NEW CELL PHONE USE LAW IN MOTOR VEHICLES:

MCL 257.602b.amended Holding or using a mobile electronic device while operating a motor vehicle; prohibited; exception for commercial motor vehicle and school bus; "use a mobile electronic device" defined; situational exceptions; violation as civil infraction; fine; local ordinances superseded; multiple violations penalty and enforcement; sunset applicability; definitions.
Sec. 602b.

(1) Except as otherwise provided in this section, an individual shall not hold or use a mobile electronic device while operating a motor vehicle. This subsection does not apply to an individual operating a commercial motor vehicle or a school bus.
(2) Except as otherwise provided in this section, an individual shall not hold or use a mobile electronic device while operating a commercial motor vehicle or a school bus. As used in this subsection, "use a mobile electronic device" means 1 or more of the following:
(a) Using a mobile electronic device to do any task, including, but not limited to, any of the following:
(i) Send or receive a telephone call.
(ii) Send, receive, or read a text message.
(iii) View, record, or transmit a video.
(iv) Access, read, or post to a social networking site.
(b) Reaching for a mobile electronic device in a manner that requires a driver to maneuver so that the driver is no longer in a seated driving position, restrained by a seat belt that is installed as required by 49 CFR 393.93 and adjusted in accordance with the vehicle manufacturer's instructions.
(3) Subsections (1) and (2) do not apply to any of the following situations:
(a) The use of a mobile electronic device by a law enforcement officer, firefighter, emergency medical technician, paramedic, operator of an authorized emergency vehicle, or similarly engaged paid or volunteer public safety first responder during the performance of that individual's official duties, or a public utility employee or contractor acting within the scope of that individual's employment when responding to a public utility emergency.
(b) The use of a mobile electronic device for emergency purposes, including calling or texting a 9-1-1 system, or making an emergency call to a law enforcement agency, health care provider, fire department, or other emergency services agency or entity to report to appropriate authorities any of the following:
(i) A fire, traffic accident, serious road hazard, or medical or hazardous materials emergency.
(ii) An operator of another motor vehicle who is driving in a reckless or otherwise unsafe manner or who appears to be driving under the influence of alcohol or drugs.
(iii) A crime being committed.
(c) The use of a global positioning or navigation feature of a mobile electronic device if information is not entered by hand into the global positioning or navigation system feature of the mobile electronic device.
(d) The use of a mobile electronic device in a voice-operated or hands-free mode if the operator of the motor vehicle does not use the operator's hands to operate the device, except for either of the following:
(i) Using a single button press, tap, or swipe to activate or deactivate a feature or function of the mobile electronic device or to select a telephone number or name.
(ii) Using a mobile electronic device that is integrated into a motor vehicle and utilizes the user interfaces that are permanently installed into the motor vehicle.
(e) The use of a mobile electronic device used for the sole purpose of continuously recording or broadcasting video inside or outside of a motor vehicle.
(f) The use of a mobile electronic device that is placed in a mount and used in any manner as described in subdivisions (a) to (e).
(4) Except as provided in subsection (6), an individual who violates subsection (1) is responsible for a civil infraction and must be ordered to do the following:
(a) For a first violation, pay a $100.00 civil fine or perform 16 hours of community service, or both.
(b) For a second or subsequent violation, pay a $250.00 civil fine or perform 24 hours of community service, or both.
(5) Except as provided in subsection (6), an individual who violates subsection (2) is responsible for a civil infraction and must be ordered to do the following:
(a) For a first violation, pay a $200.00 civil fine or perform 32 hours of community service, or both.
(b) For a second or subsequent violation, pay a $500.00 civil fine or perform 48 hours of community service, or both.
(6) If an individual is involved in an accident for which the individual is at fault when the individual violates this section, any civil fine ordered must be double the amount that would otherwise be ordered under subsection (4) or (5), as applicable.
(7) This section supersedes all local ordinances regulating the use of a mobile electronic device while operating a motor vehicle in motion on a highway or street, except that a unit of local government may adopt an ordinance or enforce an existing ordinance substantially corresponding to this section.
(8) If an individual is responsible for 3 or more civil infractions for violations of subsection (1) within a 3-year period, a court shall order the individual to complete a basic driver improvement course within a reasonable time as determined by the court. This subsection does not apply to a violation of subsection (2).
(9) A police officer enforcing this section may treat a violation of this section as the primary or sole reason for issuing a citation to a driver. A police officer shall not search a motor vehicle or the driver or passenger in the motor vehicle solely because of a violation of this section.
(10) This section does not apply to any of the following:
(a) A level 3, 4, or 5 automated driving system, as described in "J3016: Taxonomy and Definitions for Terms Related to Driving Automation Systems for On-Road Motor Vehicles", April 2021 edition, published by SAE International, or an automated vehicle equipped with an automated driving system as described in this subdivision, during testing or operation with the automated driving system engaged.
(b) Viewing or using in a hands-free manner a device mounted in a vehicle for displaying information related to testing or operating an automated driving system or automated technology.
(c) Operating, or programming the operation of, an automated motor vehicle while testing or operating the automated motor vehicle without a human operator while the automated driving system is engaged.
(11) This section does not apply beginning 5 years after the effective date of the amendatory act that added subsection (12).
(12) As used in this section:
(a) "Hold" means to physically support with any part of the hands, arms, or shoulders.
(b) "Mobile electronic device" means an electronic device that is not permanently installed in a motor vehicle, including, but not limited to, a device capable of text messaging, voice communication, entertainment, navigation, accessing the internet, or producing email. Mobile electronic device does not include either of the following:
(i) A radio designed for the Citizens Band Service or the Amateur Radio Service of the Federal Communications Commission or a commercial 2-way radio communications device or equipment permanently installed in a motor vehicle.
(ii) A medical device that is designed to be worn, including, but not limited to, an insulin pump.
(c) "Operate" means to drive or assume physical control of a motor vehicle on a public way, street, road, or highway, including operation while temporarily stationary because of traffic, road conditions, a traffic light, or a stop sign. Operate does not include a motor vehicle that is lawfully parked.
(d) "Social networking site" means any web-based service that allows individuals to construct a profile within a founded system and communicate with other users of the site for social or amusement purposes.
(13) Except as otherwise provided in subsection (2), as used in this section, "use a mobile electronic device" means using a mobile electronic device to do any task, including, but not limited to, any of the following:
(i) Send or receive a telephone call.
(ii) Send, receive, or read a text message.
(iii) View, record, or transmit a video.
(iv) Access, read, or post to a social networking site.

03/23/2022

The status of Drone surveillance and privacy in state actions...

The reasonable expectation of privacy and drone surveillance

02/07/2022

We don't Forget...

12/18/2021

According to a press release from the district, over 80 bands, from Michigan to North Carolina, and everywhere in between learned the Oxford High School fight song and are posting their performances on YouTube to show their support for the high school.

11/05/2021

SECOND CHANCE WITH A JOB...

" A new proposal announced by Attorney General Dana Nessel will help Michigan residents accused of low-level, non-violent crimes be placed in well-paying jobs.

The Jobs Court proposal was announced on Wednesday, Nov. 3 and is meant to reduce reoffence rates while also helping combat the labor shortage issue, according to the state.

The new proposal is part of Gov. Gretchen Whitmer’s MI Safe Communities framework and would establish Jobs Court, a pilot program to give up to 450 eligible defendants in Wayne, Genesee, and Marquette Counties an opportunity to obtain and maintain gainful employment.

Defendants eligible to participate in Jobs Court would be matched with employers, giving them the ability to work in a position that pays them well, provides them with benefits, and trains to learn valuable, transferrable career skills.

“The Jobs Court proposal we unveiled today will make a crucial difference for Michiganders, their families, and communities,” Whitmer said. “Jobs Court will help address the backlog in our court system, fill job openings across the state, grow our economy, and connect those in need with critical resources. I’m thankful for the hard work of Attorney General Nessel in putting this proposal together and look forward to working with the legislature to get it done.”

“Jobs Court is an innovate program that checks all of the boxes: it’s smart on crime, reduces the burden on our criminal justice system, puts offenders on a permanent path to success, helps our local businesses, and makes our communities safer,” Nessel said. “I am grateful to Governor Whitmer for including my proposal as part of her MI Safe Communities framework and I look forward to working with the Legislature and our local law enforcement partners on this groundbreaking new initiative.”

“Today’s announcement is an important step forward in our efforts to reform Michigan’s criminal justice system,” Lt. Gov. Garlin Gilchrist said. “Jobs are the key to success, and Jobs Court will support eligible Michiganders by connecting them with good-paying jobs, benefits, and the social services assistance they need to support themselves and their families. With today’s proposal we are addressing a root cause of public safety issues while also providing life-changing paths to employment in the state.”

Those eligible to participate in Jobs Court would also have access to mental healthcare, transportation to and from work, and access to a social worker. Participants would be monitored for one year and be required to maintain frequent and open lines of communication with the employer and wraparound services from the state of Michigan to ensure accountability and compliance with the requirements of the program.

Prosecutors would have the option to dismiss charges against Jobs Court participants who successfully complete the program, which will be dependent on legislative action to launch.

“Any time we can steer a bad situation toward a positive outcome that will help an individual get on the right track in life and be a productive member of our community, I am all for it,” Genesee County Prosecutor David Leyton said."

Story by LAUREN SCHOTT POSTED NOV 3, 2021

09/17/2021

FIRST-TIME AND ONLY TIME--- OWI OFFENDERS ELIGIBLE FOR EXPUNGEMENT ON 2/19/22!

09/14/2021

EXPUNGEMENT LAW EXTENDED TO ONE-TIME DRUNK DRIVERS...

A new law in Michigan is giving convicted drunken drivers a chance at a clean slate.

04/22/2021

WOMAN WINS DRUNK DRIVING CASE AT MICHIGAN SUPREME COURT

AP 4/22/2020
BAD AXE, Mich. – "An anonymous call alleging that a driver could be drunk wasn’t enough for police to make a traffic stop in Huron County, the Michigan Supreme Court said Thursday.

The court noted that a county officer followed the woman's car but didn't see any violations before stopping the vehicle. She was charged with drunken driving while with a child and having an open container of alcohol.

The stop violated constitutional protections against search and seizure, the court said in a 5-0 opinion.

In 2016, someone called the sheriff's office to report that a woman yelled at children while outside her vehicle and appeared to be drunk.

“There is no support for the conclusion that ‘appearing to be obnoxious’ and yelling at one’s children creates a reasonable and articulable suspicion that one is intoxicated," Justice Richard Bernstein said. "All we have here is little more than a conclusory allegation of drunk driving, which is insufficient to pass constitutional muster."

Writing separately, Justice Brian Zahra said he agreed with the result mainly because of a sparse, “seemingly incomplete” record of the case in Huron County court.

“I encourage citizens to continue to report their suspicions of drunk or impaired driving, urge police officers to remain vigilant in protecting our state’s highways, and implore prosecutors to use all available evidence to ensure that an accurate and complete record is developed,” Zahra said."