Must Field Sobriety Tests Follow Standards Prescribed by the National Highway Traffic Safety Administration?

  • February 17th, 2017
  • Patrick Barone
  • DUI StopsDUI Penalties

The answer is somewhat unclear because so far no Michigan court has specifically ruled that police officers must administer standardized field sobriety tests in accordance with protocol set forth by the National Highway Traffic Safety Administration (NHTSA).  However, a new law was recently passed in Michigan that suggests that the legislature wants substantial compliance with

What it Means to “Operate” a Vehicle In the Context of a Michigan DUI Charge

  • February 16th, 2017
  • Patrick Barone
  • OWIDUI TrialsDUI

In some situations, the police can charge you with drunk driving in Michigan even if the police never saw you driving your car.  However, the legal analysis in these cases is very fact specific, and the law is quite complex.  In some situations, courts have upheld convictions when the police never saw anyone operating the

Role of Defense Lawyers in the Mitigation of Collateral Consequences

  • February 13th, 2017
  • Patrick Barone
  • Criminal EvidenceCriminal Penalties

Collateral consequences are the loss of rights a person suffers after being convicted of a crime.  They have previously been described as having the potential to cause “civil death.”  Such consequences are different from the punishments that might be imposed by a judge as part of a criminal case.  This is because collateral consequences are

Obtaining Business Insurance in the Marijuana Industry

  • February 8th, 2017
  • Patrick Barone
  • Marijuana Laws

While marijuana remains illegal at the federal level, a majority of States now have either medical or recreational marijuana.  And in some states, such as Michigan, the medical marijuana industry is expanding.  In fact, according to Arcsoft, the business will expand nationally 700% in the next five years! Michigan’s newest law, which became effective last

What is the Difference Between a Question of Law and a Question of Fact?

  • January 31st, 2017
  • Patrick Barone
  • DUI TrialsDUI

The short and simple answer is that questions of law are for the judge to decide whereas questions of fact are for the jury to decide.  However, while technically correct, this short answer is incomplete.  Especially if you are charged with a crime like intoxicated driving. As with any other crime in Michigan, if you

National Movement Toward Lowering the Legal BAC Limit Begins in Utah

  • January 4th, 2017
  • Patrick Barone
  • DUI EnforcementDUI

A Utah lawmaker is backing a change in Utah’s DUI law lowering the legal limit to .05%.  Utah’s current legal limit is .08%. This change would make Utah the first state in the Union to reduce the legal limit from .085 to .055.  In 2005 Michigan was the last state to reduce the legal limit to

  • About the Author Attorney Patrick Barone is well-known and well respected throughout the legal community. As a professor, guest speaker and author he shares his knowledge of drunk-driving defense with lawyers and judges to help them better understand this complex area of law. Mr Barone is the co-author of two highly regarded books including Defending Drinking Drivers and Michigan DUI Law – a Citizen’s Guide. Also, Super Lawyers Magazine recently recognized his unique approach to law in their article “Walking in Their Shoes.”
  • Categories