DUI – is the acronym for “Driving Under the Influence.” In Michigan, the specific DUI crime is called “Operating Under the Influence.” The term “operating” is used instead of “driving” because operating is less specific and encompasses a great deal of behavior that is not encompassed by the more specific term driving. For example, one does not need to be in a moving car to be operating. In some cases, even something like sleeping in a car can be considered operating it under the law.
Also, the terms “influence” and “intoxicated” are equally broad and allow drivers to be charged in cases of operation involving drugs other than alcohol. Michigan’s OWI statute, found at Michigan Compiled Laws 257.625 et. seq., allows drivers whose ability is lessened by the consumption of nearly any drug imaginable, to be charged with OWI.
Intoxicated driving cases are some of the most difficult criminal cases to defend. High degrees of specialization are required to understand all the law and science involved. The DUI lawyers at the Barone Defense Firm are experts in this area of law and have a proven track record for success.
Driver’s License Restoration – a driver license may need to be restored, meaning driving privileges need to be restored, for many reasons, the most common of which is multiple DUI convictions. In Michigan, if you are convicted of a second DUI within 7 years of your most recent prior, your driver license will be revoked. To obtain driving privileges thereafter, the driver must file a petition with the Michigan Secretary of State Driver Assessment and Appeals Division.
Duty of Candor vs. Client Confidence – As lawyers we have a duty of candor, meaning honesty, with the court. Violating this duty can result in a lawyer losing their license to practice law. Unfortunately, as lawyers, we therefore have an obligation to be sure the sentencing court is fully aware of a person’s criminal history. This means if a client tells us about prior convictions thinking that, like nearly everything else that person tell us about their case, this criminal history is private or privileged, they are mistaken. This attorney client privilege is most often inviolate, but even when a client discloses prior convictions in confidence, in many circumstances the lawyer must inform the court of these convictions.
Criminal Law – the criminal defense lawyers at the Barone Defense Firm represent people accused of many different kinds of crimes. A short list includes the follow areas of criminal law.
How to Prepare for Your Sentencing Hearing in Michigan – After a criminal case in Michigan has been fully litigated unsuccessfully, and a case has been set for sentencing, the lawyers at the Barone Defense Firm will turn their attention to obtaining the best possible sentence. This often requires a great deal of preparation, some of which includes specifically preparing our client for the all-important sentencing hearing.
Federal Crime – The federal crime defense team at the Barone Defense Firm includes the firm founder, Patrick Barone, Keith Corbett, a former Assistant United States Attorney and former head of the Government’s organized crime unit, and long-time federal defender Karl Numinen, who is of counsel to the firm. These three lawyers handle the majority of the federal criminal cases at the Firm, assisted by firm partner Michael Boyle and senior associate Ryan Ramsayer.