The number of High BAC Superdrunk OWI and Child Endangerment Cases are on the rise in Michigan. This is due to a variety of factors, including an increase in binge drinking among college educated, divorced or separated males, pandemic isolation and school closures. One recent study published in Science News[i]…
The black letter law in Michigan suggests that juries have the power but not the right to exercise jury nullification.[i] Nevertheless, the practice of law is all shades of gray, and the arguments made by lawyers are often in the penumbras of black letter law. For example, some Michigan cases…
In the United States juries are not informed by the judge of their right to nullification because the case law addressing jury nullification remains oblique. It is therefore commonly said that in the United States juries are empaneled to resolve issues of fact, but when it comes to nullification, juries…
In the United States, we obtained much of our initial original jurisprudence from England. This “precedence” is called the common law. Because the English common law had such an impact on the development of our law it makes perfect sense that the English common law tradition of jury nullification directly…
Note: what follows is a summary recapitulation of Michigan DUI Lawyer Mike Boyle’s CDAM presentation. Lawyers wishing to know more about how to defend an alleged SCRAM violation may wish to review these materials for more in-depth information: Secure Continuous Remote Alcohol Monitoring, or SCRAM, is an alcohol monitoring tether…
Barone Defense Firm Partner and Senior Trial Attorney Michael J. Boyle recently was one of the guest presenters at the Criminal Defense Attorneys of Michigan (CDAM) Fall Conference at Boyne Mountain. The annual seminar was attended by hundreds of criminal defense attorneys from throughout the State of Michigan. CDAM is…
As Michigan’s drunk driving laws have continued to evolve, the range and type of punishment upon conviction has continued to increase over time. In the 70s when DUI laws were just beginning to be taken more seriously by drivers, police, prosecutors, and judges alike, punishment was usually limited to a…
Michigan drivers arrested under suspicion of intoxicated driving will have their bodily drug and alcohol levels tested by the police. When drugs including marijuana are suspected, a police officer will see if that distinct marijuana smell is present. Many OWI lawyers near me wrongly believe that DUI cases involving blood…
Yes, a DUI Michigan can be expunged (set aside). If your DUI case is not expunged, it will stay on your criminal record for life. This is true of all DUI convictions, and this means your prior criminal history can be seen by potential employers. For many people, this is…
A Michigan implied consent hearing is an informal hearing where the officer that arrested you for drunk driving provides testimony to prove that you unreasonably refused a breath blood or urine test. Before we move on with a further discussion of the hearing, let’s review the concept of implied consent,…