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…
In Michigan, a charge of drunk driving causing death is punishable by up to 15 years in prison. This possible sentence is set forth in Michigan Complied Laws 257.625(4)(a). In determining exactly what sentence to impose for an individual case a judge will be looking at many factors, including the…
Even before you are arrested, the police in Michigan can often conduct a search of your breath using a portable or preliminary breath test device. The purpose of these tests is to determine how much alcohol is in your body. However, these portable breath testers have significant limitations relative to…
Prosecutors are loath to dismiss or reduce drunk driving cases in Michigan. This is because so many people watch DUI cases so closely, everyone from MADD to the Michigan State Police watch and track what happens to each and every person arrested for intoxicated driving in Michigan. If a prosecutor…
According to the Michigan Court of Appeals, Facebook postings are admissible as evidence against a person accused of a crime in Michigan. In a recent case involving assault with intent to commit murder, felony firearm and other charges, the prosecutor found and presented to the jury evidence obtained from the…