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Using Medical Marijuana While on Bond for Drunk Driving

Nov 7th, 2017 PBarone

If you are charged with drunk driving in Michigan, then the clear majority of judges will require that you abstain from all alcohol and all illegal drugs. This will be a condition of your bond, and to be sure that you are...

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Barone to Present a Michigan State Bar OWI Seminar

May 22nd, 2017 baronedefenew

Barone Defense Firm founding partner Patrick T. Barone has been asked to present at the upcoming Solo and Small Firm Drunk Driving Update.  This seminar, presented by the Michigan State Bar, will take place Thursday, May 22, 2017 from 6:00 - 8:00. ...

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Must the Police Observe me for 15 Minutes Before my Breath Test?

Feb 24th, 2017 baronedefenew

The breath testing administrative rules in Michigan do require that the police observe you continuously for at least 15 minutes before you provide your first breath sample.  However, based on the case law discussed below, in this context the words “observe” and...

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

Feb 16th, 2017 baronedefenew

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...

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

Jan 31st, 2017 baronedefenew

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...

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National Movement Toward Lowering the Legal BAC Limit Begins in Utah

Jan 4th, 2017 baronedefenew

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...

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Driveway DUI’s: Michigan Court Rules it Not Unlawful to Drive Drunk in Own Driveway

Dec 30th, 2016 baronedefenew

Disclaimer: This case was overruled by the more recent Michigan Supreme Court case of People v. Rea. The Michigan Court of Appeals recently ruled that a person may drive drunk in their own driveway.  The name of the case is People v. Rea,...

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Caffeine Related DUI Charges and What Constitutes An “Intoxicating Substance” in Michigan

Dec 29th, 2016 baronedefenew

An attorney in California has been charged with DUI for allegedly driving under the influence of caffeine.  The officer who pulled the man over was working on alcohol enforcement when the driver pulled in front of him, cutting him off, and then...

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Michigan OWI Attorneys to Host Annual OWI Defense Seminar this Weekend!

Nov 15th, 2016 baronedefenew

The Michigan association of OWI Attorneys (MIAOWIA) will be hosting its biannual OWI defense seminar this coming weekend in Detroit, Michigan. The MIAOWIA is dedicated to raising the level of OWI advocacy in the State of Michigan.  In this regard, the association...

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What’s the Difference Between DUI and OWI in Michigan?

Oct 4th, 2016 baronedefenew

Both DUI and OWI are acronym’s for drunk driving. DUI means Driving Under the Influence whereas OWI means Operating While Intoxicated.  DWI is another acronym that was once commonly used, and this one means Driving While Intoxicated. In Michigan the proper legal...

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