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About the AuthorAttorney 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.

Oakland County Work Release Not Open to Felony Drunk Drivers

Apr 11th, 2018 OWI

Because an at-home electronic-monitoring program is not incarceration, the Oakland County Michigan work release program is not open to some felony offenders.  Where mandatory incarceration is concerned, the tether program is a restriction, not a confinement, and is not ‘jail’ as that...

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Oakland County Jail’s Virtual Work Release Program

Criminal Penalties OWI

Beginning in early February 2010, “virtual” work release is available for some offenders.  After the new program starts, the traditional work release program will be eliminated. This significant change has the potential to impact criminal law sentence negotiation and overall sentencing practices...

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Criminal Consequences of Statue Vandalism in Michigan

Mar 31st, 2018 Felony Offenses

Many people view vandalism as a youthful indiscretion. The Sparty statue on the grounds of Michigan State University is the target of vandalism nearly every year during rivalry week. And in 2015, so was the Magic Johnson statue on the school’s grounds....

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Legality of Recording Police Officers in Michigan

Law Enforcement

Recent stories of police misconduct have led to many citizens recording police activity. They often do so to prove the police officer acted inappropriately. But is it legal? The short answer is yes, but it depends on where the conversation or activity...

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What are the Mandatory and Permissive Terms and Conditions of Probation in Michigan?

Mar 23rd, 2018 Law Enforcement

When thinking about the mandatory terms and conditions of probation it’s important to first understand that, according to Michigan Compiled Laws, section 771.4, the granting of probation is a matter of grace.  In other words, probation is a privilege, not a right....

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Man Wrongfully Arrested for DUI in Police Cover-Up Awarded Almost a Million Dollars

Mar 19th, 2018 OWI

According to articles reported in the NY Daily News, in April 2015, Oliver Wiggins was struck by a police cruiser that had run a red light.  Instead of offering Mr. Wiggins an apology, however, Brooklyn Police arrested him for drunk driving!  A...

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Is Michigan Forensic Lab’s Lack of Blind Testing Cause for Concern?

Mar 14th, 2018 Blood Testing Criminal Evidence OWI

There are about 30,000 drunk driving arrests in Michigan each year, and of these, about 1/3 of them involve blood tests for alcohol or controlled substances.  All of these blood tests are performed at the Michigan State Police forensic lab. And the...

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Can my Spouse Keep Their Guns If I’m on Felony Probation?

Feb 22nd, 2018 Felony Offenses Gun Laws

Probably not.  If you’ve been convicted of a felony in Michigan, then your gun rights will be suspended for three to five years, depending on the type of felony.  The suspension time periods start when you’re done with your felony probation and...

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State Paying Forensic Science Lab $250 for Each DUI Conviction Obtained

Feb 15th, 2018 OWI

In Tennessee, a person convicted of DUI would be ordered to pay a “Blood Alcohol or Drug Determination Test (BADT)” fee as part of their court costs.  No BADT fee was charged where a case was dismissed, a not guilty verdict returned,...

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New Police Video Recorder Captures Evidence of Intoxication in Driver’s Eyes

Feb 9th, 2018 OWI

Michigan’s intoxicated driving laws cover intoxication by alcohol and all impairing drugs. Reliably detecting intoxication by drugs is more challenging for law enforcement than detecting intoxication caused by alcohol.  One reason for this is that there is no roadside drug test that...

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