Can You Really Win a Drunk Driving Trial Without Even Trying? Sometimes, winning a trial or a contested hearing comes down to knowing what not to do! In drunk driving cases, nowhere is this truer than with administrative hearings held on appeal from an alleged implied consent violation. To…
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] helps support a defense lawyer’s attempt to preclude…
If you have never been arrested for drunk driving before in Michigan, or anywhere else in the country, then there are three possible drunk driving charges in Michigan. The driver’s license sanction for each offense is described below. High BAC/Super Drunk OWI According to Michigan’s Criminal Code, section 257.625(c) a…
Barone Defense Firm founding partner Patrick T. Barone has been asked to present at the upcoming Solo and Small Firm Drunk Driving Update. This seminar, presented by the Michigan State Bar, will take place Thursday, May 22, 2017 from 6:00 – 8:00. The location is at the Western Michigan University…
Imagine you have done nothing wrong but for a minor moving violation. You have not been drinking. You have not consumed any prescription or illegal drugs. You tell the officer the truth. But then you are arrested for suspicion of driving under the influence. This was the very unfortunate circumstance…
An Oakland County Circuit Court Judge recently suppressed a DataMaster .20 evidentiary breath test result on a felony drunk driving case. The judge suppressed the breath test because the police officer who administered the test failed to follow the laws and rules intended to assure that breath tests are reliable. …
If you were arrested for drunk driving in Michigan, then you should talk to your lawyer about whether starting with a structured 12-step program such Alcoholics Anonymous, or AA, may help your case. While clearly the best known, AA is not the only 12-step program, and it may not be…
An attorney in California has been charged with DUI for allegedly driving under the influence of caffeine. The officer who pulled the man over was working on alcohol enforcement when the driver pulled in front of him, cutting him off, and then driving erratically. A roadside breath test showed no…
Michigan’s rules and regulations for breath testing are set forth by law and by administrative rule. There are also a variety of rules and regulations contained in the DataMaster Evidential Breath Test Manual. Together these rules and regulations are intended to assure that a breath test result is reliable and…
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 law, prejudice is presumed after only 18 months. …