Criminal defense attorney sees more junk science, growing big brother mentality, with introduction of marijuana breathalyzer

Media Contact: Barbara Fornasiero, EAFocus Communications, cell: 248.260.8466,

Bloomfield Hills, Mich. — Sept. 13, 2016 — Neil Rockind, founder of Bloomfield Hills-based criminal defense law firm, Rockind Law, says new handheld technology being tested in California to determine whether a driver has been smoking marijuana reeks of a growing big brother mentality in attempts to enforce laws governing drunk, impaired or drugged driving.

“I’ve long complained of the reliance on junk science to determine drug and alcohol cases, but I think this new technology goes even further,” Rockind said. “Despite claims by some that it’s welcomed by both pro and anti-medical marijuana supporters, it appears to be a way for law enforcement to intimidate those who are legally using marijuana.”

Rockind cites the Aug. 2016 news that the Michigan State Police (MSP) Crime Lab had calibration errors in more than 4,000 analyzed alcohol cases statewide as proof that the opportunity for error in drug and alcohol cases is significant.

“Breathalyzers have been the gold standard in determining a driver’s blood alcohol content for decades, and yet we need only refer to the MSP errors to affirm the danger in relying primarily on a decades-old test that was deemed infallible,” Rockind said.

At this point in the California program, the tests are voluntary, but Rockind questions that approach.

“Regardless of how well-meaning they are, law enforcement personnel can be very intimidating to average citizens,” Rockind said. “What might the repercussions be if an individual chooses not to submit to a marijuana breathalyzer during this testing period? Fear of reprisal, founded or unfounded, could compel citizens to submit to tests that are ultimately an invasion of privacy, not to mention another chipping away at one’s civil liberties.”

About Rockind Law 

Rockind Law is a Bloomfield Hills, Michigan-based criminal defense law firm aggressively pursuing justice for individuals facing criminal charges, including white collar crime, drunk driving, narcotics and assault.  To find out more about the firm’s services and resources, visit


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