Disclaimer: This case was overruled by the more recent Michigan Supreme Court case of People v. Rea. The Michigan Court of Appeals recently ruled that a person may drive drunk in their own driveway. The name of the case is People v. Rea, 315 Mich. App. 151 (2016), and in this…
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 passed a law such that beginning in September 2016 police were going to start testing a salvia drug swab. Apparently, however, the technology has not caught up with the law, and so, according to Mlive, the program is being delayed. An MSP spokesperson said the program isn’t likely to…
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. …
If you have been arrested for a first offense drunk driving in Michigan, then you are not prohibited in any way from buying, selling or leasing a car. However, if you have been arrested for a second offense drunk driving, then things get a bit trickier. In 1999, the Michigan…
What Follows is a draft excerpt from The Legality of Search and Seizure in DUI Cases, 2016-2017 ed.: Leading Lawyers on Leveraging Science and Process to Develop Winning Defense Strategies (Inside the Minds): Evidence collected from search and seizure plays the starring role in the prosecution of DUI cases, and in…
If you are charged in Michigan with possession of Marijuana and/or Possession of Marijuana with Intent to Deliver, and the search producing the drugs is unlawful, your case can be dismissed. That’s effectively what happened in the case of People v. Mahdi, where Mr. Mahdi was convicted of two counts…
The Barone Defense Firm is pleased to announce that Patrick Barone has authored a chapter in the soon to be published 2016-2017 edition of “Legality of Search and Seizure in DUI Cases.” The title of Mr. Barone’s chapter is “Developing Essential Trial Skills for Defending DUI Cases.’ This new book…
If you are charged with a felony in Michigan, and have another felony conviction anywhere in the country, then the state will file a habitual notice to seek an enhanced sentence. In other words, if you have a prior felony conviction then the state will attempt to have that used…