Habitual Time Limits No Longer Apply to Repeat Felony Offenders

  • September 30th, 2016
  • Patrick Barone
  • Felony Offenses

If you are charged with a felony in Michigan, and have another felony conviction anywhere in the country, then the state will file a habitual notice to seek an enhanced sentence.  In other words, if you have a prior felony conviction then the state will attempt to have that used against you at sentencing. Basically,

Prosecutor Challenges One-Year Jail Sentence for Drunk Driving Causing Death Case

  • September 29th, 2016
  • Patrick Barone
  • DUI DefenseDUI Penalties

In Michigan, a charge of drunk driving causing death is punishable by up to 15 years in prison.  This possible sentence is set forth in Michigan Complied Laws 257.625(4)(a).  In determining exactly what sentence to impose for an individual case a judge will be looking at many factors, including the Michigan Sentencing Guidelines. A recent

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

  • September 27th, 2016
  • Patrick Barone
  • Breath TestingDUI Trials

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 portable breath testers have significant limitations relative to the reliability of the results

Guide to the DSM-5 for Substance Use Disorders in Michigan DUI Cases

  • September 22nd, 2016
  • Patrick Barone
  • DUI PenaltiesDUI

The Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5) is a compendium setting forth a standardized classification system for mental disorders that is used throughout the United States.  Consequently, if you are charged in Michigan for intoxicated driving, and you decide to have a substance abuse evaluation (SAE) performed, then any diagnosis of

Breath Test Calibration Errors Could Lead to Dismissal of 20,000 DUI Charges

  • September 21st, 2016
  • Patrick Barone
  • DUI DefenseBreath Testing

A New Jersey Sergeant was recently suspended and charged with records tampering for failing to properly calibrate the state’s alcohol breath testing devices.  This could potentially call into question as many as 20,000 DUI cases in the state. But this problem is not limited only to New Jersey.  If you are arrested for drunk driving

Marijuana Research Continues to Grow as 30 Million Americans Continue to Use

  • September 20th, 2016
  • Patrick Barone
  • Marijuana Laws

People started using marijuana or cannabis about 12,000 years ago.  At this time, it was primarily being used by people in the far east, in places such as China.  Marijuana was brought to North America in the Sixteenth Century by the Spanish.  In what is now the United States, specifically Jamestown, settlers began using cannabis

  • 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.”
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