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Articles Posted in Criminal Evidence

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Barone Scheduled to Teach Michigan Criminal Defense Lawyers About New Roadside Drug Testing Laws

The Criminal Defense Attorney Association of Michigan (CDAM) has asked Michigan DUI Lawyer Patrick Barone to present a 1-hour Webinar to criminal defense lawyers seeking to learn about recent changes to Michigan law impacting how intoxicated driving cases are investigated at the roadside. The seminar, entitled Michigan Law Update: Roadside…

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Barone Busts the Miranda Rights Myth on WUSA9 Television Appearance

Patrick Barone recently provided expert commentary for WUSA9 reporter Evan Koslof. On his Verify news series, Mr. Koslof seeks to shed light and truth on common questions, misconceptions and outright myths. After a video surfaced of a New York warrant’s division officer arresting a protestor off the street and stuffing…

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Will Covid-19 Face Masks Lead to More DUI Arrests in Michigan?

With new cases of Covid-19 continuing to escalate in Michigan, on July 10, 2020, Governor Whitmer responded with Executive Order 2020-147, which indicates that “[A]ny individual who leaves their home or place of residence must wear a face covering over their nose and mouth.” The Order further provides that masks…

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Michigan Open Container Law | Michigan Criminal Law Attorney

Open Container Law Michigan | Open Intoxicants Motor Vehicle A person in Michigan is guilty of a misdemeanor if they transport or possess alcoholic liquor in a container that is open or uncapped or upon which the seal is broken within the passenger area of a motor vehicles. However, the…

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Michigan’s Legalized Recreational Marijuana May Lead to More Impaired Driving Traffic Deaths

A research letter recently published in the JAMA Internal Medicine Journal examined the correlation between the legalization of recreational marijuana and traffic fatalities. The letter’s authors Kamer & Warshafsky begin with the proposition that marijuana use impairs driving ability. The authors go on to suggests that because there is a…

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Does Michigan CPL Shooter Who Killed Armed Gunman Have a Viable Self Defense Claim?

Recent Mlive news reports that a Michigan CPL (Concealed Pistol License) holder shot and killed a gunman who was “seen firing gunshots into the air and pointing a handgun at motorists.”  Will the CPL holder literally get away with murder, or will he go to prison?  The question depends on…

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More Police Officers Trained to Use Roadside Drug Tests to Make DUI Arrests in Michigan

There are 32 new drug recognition “experts” (DRE) qualified to make DUI arrests in Michigan. Only a trained DRE may administer the saliva tests in a DRE DUI investigation. Including this new crop of  32 DREs, there are currently 157 a total of DRE trained officers in Michigan. The use…

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FBI Raid Leads to Several Medicare and Medicaid Prescription Fraud Charges

As part of an ongoing investigation by the Federal Bureau of Investigations, several of Michigan’s pharmacists have been charged with Medicare and Medicaid Prescription Fraud.  The allegations include claims that at least one scheme lead to the defrauding of the Federal Government of more than five million dollars. Further, that…

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My Michigan DUI Case is Waiting on Blood Test Results. Do I Need to Hire a Lawyer Right Away?

Driving under the influence (DUI), or in Michigan Operating While Intoxicated (OWI), is usually charged using a breath test result. However, due to the recently discovered breath testing fraud, more often Michigan DUI cases are charged using a blood test result.  Breath test results are available immediately after the test…

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Covid 19 Makes Resisting and Obstructing in Michigan DUI Cases More Likely

With the advent of the novel covid 19 virus many officers who arrest suspected Michigan DUI drivers are now worried about the contamination risks associated with a breath test. Obtaining a breath sample places an officer directly at risk for exposure because the officer must do all of the following:…

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