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About the AuthorAttorney 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.

Can Occupant of Autonomous Vehicle Be Found Guilty of Drunk Driving?

Feb 7th, 2018 OWI

Existing law may be sufficient to convict an intoxicated occupant of an autonomous vehicle of drunk driving. This is because the law in most states contains a sufficiently broad definition of the term “operate.”  Public safety is likely to be the paramount...

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What’s the Difference Between a Violation of Probation and a Technical Violation of Probation?

Jan 25th, 2018 Criminal Penalties

Generally speaking, a violation of probation means that while on an order of probation you have done something the court ordered you not to do or failed to do something the court affirmatively ordered you to do.  A technical violation specifically means...

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Can Sleeping Driver be Convicted of Drunk Driving in Michigan?

Jan 23rd, 2018 OWI

Yes, a sleeping driving can be convicted of drunk driving in Michigan provided there is enough circumstantial evidence to establish operation.  In a recent Michigan case[i] affirming a drunk driving conviction involving a sleeping driving the court inferred that the driver operated...

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National Academy Recommends Lowering Legal Limit to .05

Jan 19th, 2018 OWI

The National Academies of Sciences, Engineering, and Medicine has issued a report entitled Getting to Zero Getting to Zero Alcohol-Impaired Driving Fatalities - A Comprehensive Approach to a Persistent Problem (2018).  Reading the report, it appears that the “zero” the Academy is...

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Is it Unlawful to Operate a Drone While Intoxicated?

Jan 22nd, 2018 OWI

Yes, it may be unlawful to operate a drone while intoxicated at the federal level, and may soon be unlawful at the state level as well. The punishment varies depending on the specific law violated. As drones become more common and more...

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Barone Becomes Only Lawyer in Michigan Certified by the American Board of Examiners

Jan 16th, 2018 OWI

On January 15, 2018, Patrick Barone became the only Michigan lawyer who is Board Certified in psychodrama, sociometry and group psychotherapy.  This certification, provided by the American Board of Examiners, is the culmination of training that he began in 2010. Mr. Barone...

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Drug Dealers in Michigan could be Held Criminally and Civilly Liable 

Jan 3rd, 2018 Felony Offenses Marijuana Laws

Under federal law, all states can charge a drug dealer with causing the death of a person if the person they sold the drugs to experiences an overdose and dies as a result. But whether the individual states enforce that law and what...

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The Rights of Protesters in Michigan

Dec 19th, 2017 OWI

Under the First Amendment in the Constitution of the United States, people have a legal right to protest through a demonstration, a march, or a similar public gathering or event. In part, this is because the First Amendment also protects the right...

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The Line between Free Speech and Hate Speech

OWI

The First Amendment protects the free speech of every American in the United States. But the line between free speech and hate speech can sometimes become very blurry, leaving people to question whether an offensive or hateful remark is protected under free...

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Court Approves Life Sentence for Repeat Drunk Driver

Dec 18th, 2017 OWI

A Texas court recently sentenced a nine-time repeat drunk driver to life in prison[i], and his sentence was affirmed on appeal. In this case, the defendant pled guilty after being arrested for his ninth DWI offense, and the trial court imposed a...

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