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DUI Stops

Michigan Medical Marijuana Licensees Must Obtain Business Insurance

Sep 11th, 2017 baronedefenew

If you are interested in obtaining one of Michigan’s five commercial Medical Marijuana licenses, then as part of the application process you will need to demonstrate that you have the financial ability to obtain and maintain adequate premises liability and casualty insurance...

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

Feb 17th, 2017 baronedefenew

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...

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Michigan DUI Cases and Improperly Administered Field Sobriety Tests

Jan 2nd, 2017 baronedefenew

The lawyers at the Barone Defense Firm are regularly astonished by how infrequently police officers actually bother to follow their advanced training when making DUI arrests.  In virtually every case we can find mistakes, and we can sometimes leverage and use these failures...

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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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The Role of Search and Seizure in The Prosecution of DUI Cases

Oct 19th, 2016 baronedefenew

What Follows is a draft excerpt from The Legality of Search and Seizure in DUI Cases, 2016-2017 ed.: Leading Lawyers on Leveraging Science and Process to Develop Winning Defense Strategies (Inside the Minds): Evidence collected from search and seizure plays the starring role...

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911 Call May Be Sufficient Basis for Michigan DUI Stop

Sep 2nd, 2016 baronedefenew

With cell phones being ever present in our society, it is becoming increasingly common for people to use their cell phones to report a Michigan driver they think might be intoxicated.  If the police officer does not independently observe a traffic violation,...

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Drunk Driving Traffic Stops and Interlocks

baronedefenew

As originally conceived the United States Supreme Court was intended to be a final check on the police power.   And to a lesser extent, so it is with all judges, who collectively form one of our three branches of government. The central...

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New Law Makes it Easier for Michigan Drivers to Avoid a Drunk Driving Arrest

baronedefenew

On September 8, 2015, Governor Snyder signed into law House Bill 4193, making it easier for Michigan drivers to avoid a DUI arrest. According to the new law, during a traffic stop you may now show a police officer an electronic proof...

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Drunk Driving’s Grisly Toll Justifies Warrantless Searches of Motorist’s Breath

baronedefenew

Citing the “grisly toll on the Nation’s roads,” and by opinion dated June 23, 2016, the United States Supreme Court has ruled that the police are not required to obtain a warrant in order to obtain a breath sample.  The same is...

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Innocent Owner Defense Doesn’t Apply to DUI Car Forfeiture

baronedefenew

Michigan law provides that drivers convicted of drunk driving can have their cars forfeited.  This means that upon conviction the state can take the convicted drunk driver’s car.  In those cases where the car was used without the permission or knowledge of...

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