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DUI Trials

The Misleading Concept of Alcohol Tolerance in Michigan DUI Cases

May 25th, 2017 baronedefenew

Many judges, prosecutors, and defense attorneys have mistaken beliefs about alcohol tolerance.  In a drunk driving trial, these mistaken beliefs can lead to misleading arguments which might further lead to wrongful convictions.  A recent article from the peer-reviewed science journal article Psychopharmacology[i]...

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I Was Arrested for Drunk Driving, Should I go to AA?

Feb 20th, 2017 baronedefenew

If you were arrested for drunk driving in Michigan, then going to Alcoholics Anonymous, or AA, may help your case.  But that is only one reason to go AA, and probably not the best one.  You and your Michigan OWI lawyer should...

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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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Michigan Saliva Drug Test Program Delayed Until Spring

Dec 20th, 2016 baronedefenew

Michigan passed a law such that beginning in September 2016 police were going to start testing a salvia drug swab.  Apparently, however, the technology has not caught up with the law, and so, according to Mlive, the program is being delayed.  An...

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What is Statute of Limitations for Drunk Driving Cases in Michigan?

Dec 6th, 2016 baronedefenew

According to Michigan Compiled Laws 767.24, the Statute of Limitations for a drunk driving case in Michigan is 6 years.  However, under certain circumstances this time period can be extended.  Also, although the limitations period is 6 years, according to Michigan case...

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Michigan Court Rules Preliminary Breath Test Results Admissible For Crimes Other Than DUIs

Sep 27th, 2016 baronedefenew

Even before you are arrested, the police in Michigan can often conduct a search of your breath using a portable or preliminary breath test device.  The purpose of these tests is to determine how much alcohol is in your body.  However, these...

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Drunk Driving Operation Can be Proven by Driver’s Admission to Police

Sep 15th, 2016 baronedefenew

The Michigan Court of Appeals has recently held that a driver’s admission to drinking too much and trying to drive from the bar were admissible against her to establish the element of operation. As prosecutors often say in their opening/closing arguments, a...

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48th District Court Judge in Bloomfield Hills, Michigan Finds Prejudice when Drunk Driving Case Set for Trial Then Dismissed

Sep 12th, 2016 baronedefenew

The Barone Defense Firm recently handled a drunk driving case in Bloomfield Hills 48th District Court.  The case involved a person who was stopped for weaving and running a red light.  According to the police officer, this driver failed the field sobriety...

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7 Mistakes Lawyers Make in DUI Plea Bargaining

Sep 2nd, 2016 baronedefenew

A recent article that appeared in the Champion Magazine suggests that there are 7 rules to plea negotiations in DUI (criminal) cases.  This is an interesting article because many lawyers who “specialize” in defending Michigan DUI cases fail to follow these 7...

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